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HomeMy WebLinkAboutCOUNCIL MINUTES 1999-04-07 31545 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND NINTIETH 16. REGULAR MEETING OF APRIL 7. 1999 On April 7, 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 Council Vice President Walsh delivered the invocation Roll was called with the following result: John J Walsh, Val I Vandersloot, John R. Pastor, Brian Duggan, Joe Laura, Maureen Miller Brosnan, and Jack Engebretson Absent: None On a motion by Duggan, seconded by Brosnan, it was #193-99 RESOLVED, that the minutes of the 1,389th Regular Meeting of the Council of the City of Livonia, held March 24, 1999, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, and Engebretson NAYS None PRESENT Walsh Tht. President declared the resolution adopted C a motion by Brosnan, seconded by Laura, it was #194-99 RESOLVED, that the Council does hereby amend condition 3 of Council Resolution 187-99 to reflect the change in elevation designation from east to west and from west to east, as outlined in Pastor MacLeod's letter, received in the Office of the City Clerk on March 30, 1999, and more specifically to read as follows 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 west elevation, both to be completed before a Certificate of Occupancy is issued, and 100% coverage on the east elevation, to 31546 be completed before April 1, 2004, or before any title is transferred by the present owners, whichever occurs first; A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, and Engebretson NAYS None PRESENT Walsh The President declared the resolution adopted On a motion by Walsh, seconded by Vandersloot, it was #195-99 RESOLVED, that the Council does hereby reconsider the action taken pursuant to Council Resolution 53-99 with respect to the permit application submitted by Michael Carson for a satellite dish antenna on property located at 14855 Santa Anita, in the Northeast 1/4 of Section 24 A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Pastor and Engebretson NAYS Duggan, Laura and Brosnan The President declared the resolution adopted The petitioner, Jacqueline Reeves, 14855 Santa Anita, gave an update on the proposed landscaping with respect to the satel„te dish antenna She stated she had no problem with a time-certain date regarding the installation of the landscaping Cass Kutylowski, 27854 Meadowbrook Court, stated his opposition to this proposal, you should not do something first and then ask for approval afterwards A communication from Cass and Marygrace Kutylowski, 27854 Meadowbrook Court, dated April 7, 1999, re requesting denial of the application for a satellite dish antenna on property located at 14855 Santa Anita was received and placed on file for the information of the Council 31547 Paul Gagel, 27719 Western Golf Drive, also stated his opposition, remarking the subdivision has certain rules and regulations each homeowner is supposed to follow (of which he submitted a copy to Council) Michelle Schweitzer, 27875 Meadowbrook, informed the Council that the homeowner did not come before the homeowner's association before installing the satellite dish, but since 63% of approving signatures was obtained, the Board of Directors voted to approve this matter On a motion by Walsh, seconded by Vandersloot, it was #196-99 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated March 2, 1999, submitted pursuant to Council Resolution 53-9G 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 on or before June 1, 1999, and thereafter permanently maintained in a healthy condition A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Pastor and Engebretson NAYS Duggan, Laura and Brosnan The President declared the resolution adopted No one spoke during the audience communication portion of the meeting 31548 On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #197-99 RESOLVED, that having received a communication from John P Abbott, dated April 4, 1999, the Council does hereby refer the water drainage problem referred to in said communication to the Engineering Division for its report and recommendation for the property located at 18290 Myron On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #198-99 RESOLVED, that the Council does hereby refer to the Inspection Department for its report and recommendation the subject of Country Style Market (Petition 98-11-2-22 by Rocky Zebari) to see whether or not construction was started prematurely Communications from Karoub Associates, dated February 23, 1999 and March 8, 1999, re Substitute Senate Bill 102 (S-4) - definition of"eligible business within a distressed community to qualify for a personal property tax exemption —were received and placed on file for the information of the Council A communication from Mayor Jack E Kirksey, dated March 15, 1999, re a Census Progress Report for the City, as well as forwarding a "Census 2000 Complete Count Committee Handbook fo Local Governments" was received and placed on file for the information of the Council A communication from the Civil Service Department, dated March 10, 1999, re update on the Employee/Resident Emergency Behavioral Health Service Referral Network was received and placed on file for the information of the Council 31549 A communication from the Department of Finance, dated March 10, 1999, re forwarding various financial statements of the City of Livonia for the month ending December 31, 1998, was received and placed on file for the information of the Council A communication from the Department of Finance, dated March 18, 1999, re forwarding various financial statements of the City of Livonia for the month ending January 31, 1999, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Walsh, it was A communication from Richard W McDowell, Chairman of the Board of Ethics, dated March 15, 1999, re forwarding the first Annual Report, pursuant to the Livonia Code of Ordinances, Section 2 200 070(D)(9), was received and placed on file for the information of the Council #199-99 RESOLVED, that having considered the report and recommendation of the City Clerk, dated March 10, 1999, to which is attached a letter from The Observer& Eccentric Newspapers, Inc., dated March 10, 1999, the Council does hereby designate The Observer& Eccentric Newspapers, Inc , Subsidiary of Hometown Communications Network, 36251 Schoolcraft, Livonia, Michigan 48150, as the official newspaper of the City of Livonia for the period January 1, 1999 through December 31, 1999, FURTHER, the Council does hereby approve and authorize the publishing of legal notices in The Observer& Eccentric Newspapers for the price of$6 30 per column inch, based on the present six column format, which will remain in effect until [ -'cember 31, 1999, FURTHER, legal notices which are submitted on diskette will, upon request, be placed on the Internet at no additional charge, FURTHER, the Council does hereby authorize the said item without competitive 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 #200-99 RESOLVED, by the City Council of the City of Livonia, that the annual Memorial Day Celebration be, and hereby is approved for Saturday, May 29, 1999, beginning at 9 00 a m , and that the permission of the Wayne County Road Commission is hereby requested to close Five Mile Road from Merriman Road to Farmington Road, and Farmington Road between Lyndon and Five Mile Road on May 29, 1999, between the 31550 hours of 9 00 a m and 1 00 p m or until the roads are returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, and that Lt. Kevin I Dawley is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia #201-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 17, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Handy Can Services, 116 Pine Street, P 0 Box 32, Carleton, Michigan 48117, to provide portable toilet services for the seasonal use placements and the special events for 1999, for the total cost of$25,790 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, in the event the aforesaid low bidder is unable to furnish the services or services are unacceptable, the Council does hereby accept the second lowest bid of Great Lakes Sanitation, P 0 Box 46141, Mt. Clemens, Michigan, 48046, for the total cost of$27,195 00 #202-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated March 19, 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 1 Five (5) 1999 Dodge Ram 3500 (Model BR7L62) Trucks (Mich Spec 3958-0092) in the amount of$20,128 41 each, for a total cost of$100,642 05, to be assigned to the Public Service Division (three vehicles to the Roads Maintenance Section, one vehicle to the Equipment Maintenance Section and one vehicle to the Parks Maintenance Section), 2 One (1) 1999 Dodge Dakota (Model AN1L62) Truck (Mich Spec. 3958-0020) in the amount of$12,380 46, to be assigned to the Public Service Division (Parks Maintenance Section), and 3 One (1) 1999 Dodge Ram 3500 (Model BR8L63) Truck (Mich Spec 3958-0093) in the amount of$19,010 86, from Snethkamp's Lansing Dodge, 6131 South Pennsylvania Avenue, Lansing, Michigan 48911, in the total amount of$132,033 37, including delivery, the same to be expended from funds already budgeted for this purpose in Equipment Maintenance Capital Outlay Account No 101-446- 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 bid price (under Contract No 31551 071 B9000207), as well as for the additional 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, FURTHER, the Council does hereby authorize the disposal of six (6) surplus City-owned vehicles at public auction after receipt of the new vehicles #203-99 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 16, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3261 3/99, the Council does hereby determine to accept the bid of Wolverine Contractors, Inc., P 0 Box 760026, Lathrup Village, Michigan 48076, which meets specificatons, for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of$6 79 per yard delivered, FURTHER, in the event the lowest bidder is unable to furnish the material, the Council hereby determines to accept the second low bid of Nankin Sand, 39740 Cherry Hill Road, Canton, Michigan 48187, which also meets specifications, as an alternate for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of$6 90 per yard delivered, FURTHER, the Council does hereby determine to accept the bid of Nankin Sand, 39740 Cherry Hill Road, Canton, Michigan 48187, which meets specifications, for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $4 90 per yard for pickup, FURTHER, in the event the lowest bidder is unable to furnish the material, the Council hereby determines to accept the second low bid of Wolverine Contractors, Inc , P 0 Box 760026, Lathrup Village, Michigan 48076, which also meets specifications, as an alternate for supplying the Public Service Division (Water Maintenance Scction) with topsoil at the unit bid price of$6 25 per yard for pickup #204-99 RESOLVED, that ha.,;ng considered the report and recommendation of the Water and Sewer Board, dated March 16, 1999, which bears the signat'ire of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3264 3/99, the Council does hereby accept the bid of S L.0 Meter Service, Inc., 3059 Dixie Highway, Waterford, Michigan 48328, for supplying the Public Service Division (Water Maintenance Section) with water service parts and fittings at the unit prices bid for the estimated total cost of$15,247 70 for the 1999 calendar year, the same having been in fact the lowest bid received and meets all specifications #205-99 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 16, 1999, which bears the signature of the Director of Finance and is approved for submission by the 31552 Mayor, and which sets forth Water and Sewer Board resolution WS 3263 3/99, the Council does hereby approve a one-year extension of the current agreement with D'Angelo Brothers, Inc , 24485 Middlebelt Road, Farmington Hills, Michigan 48336, for performing water main taps and service connections, 3/4" to 2", at various locations throughout the City, at the unit prices bid in their proposal dated March 10, 1995, and as amended on May 6, 1998, by Council Resolution 356-98, for the period April 1, 1999 through March 31, 2000, with a cap of$4,000 00 in the retainage amount as was authorized in the previous contract; FURTHER, the Council does hereby authorize the purchase of said item without competitive 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 #206-99 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 16, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3259 2/99, regarding the emergency sewer lining project on Edgewood, west of Ellen Drive, the Council does hereby authorize payment to be made in the amount of$20,900 00 to Insituform, Inc , 1950 Sequoia Trail, P 0 Box 250, Owosso, Michigan 48867, for work performed in connection with such emergency repair for the reasons outlined in the aforesaid communication, FURTHER, the Council does hereby authorize such action without competitive 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 140D1 of the Livonia Code of Ordinances, as amended #207-99 RESOLVED, that having considered a communication from the Department of Law, dated March 11, 1999, which bears the signature of the Director of Finance and is approved for submission by the May or, and a communication from Michael R Potochick, Authorized Right Of Way Agent for Ameritech, dated February 5, 1998, the Council does hereby authorize the sale of a 15' x 20' easement at the Glendale Landfill to Michigan Bell Telephone Company, a k a Ameritech Michigan, a Michigan corporation, for the purpose of installing an above-ground equipment cabinet which is required to up-grade telephone services on Glendale Avenue, the property in question being more particularly described as follows Land in the City of Livonia, County of Wayne, State of Michigan, being more particularly described as the westerly 15 feet of the southerly 20 feet of the following parcel 31553 PARCEL #106-99-0001-000 THAT PART OF THE N 1/2 OF SEC 27, DES AS BEG AT A POINT ON THE N AND S 1/4 SEC LINE DIS SOD 06M 20S W 825 FT FROM THE N 1/4 COR OF SEC 27 AND PROC TH S OD 06M 20 SEC W ALONG SAID LINE 504 53 FT TH S 89D 22M 10 SEC E 43 01 FT TH S OOD 06M 20S W 65 0 FT TH S 89D 22M 10S E 100 0 FT S OOD 06M 20S W 727 60 FT TH N 89D 12M 30S W 1,475 12 FT TH N OOD 20M 30S E 1288 0 FT TH S 89D 35M 30S E 1326 76 FT TO POB EXC THAT PART RESERVED FOR HUBBARD AVE ROW ALSO DESC AS BEG AT A PT S OOD 17M OOS E 186 0 FT TH W 43 0 FT TH N OOD 17M OOS E 186 0 FT TO THE SE COR OF LOT 34 SCHOOLCRAFT ACRES L68 P44 WCR TH E 43 0 FT TO POB subjer` to the following conditions 1 That the purchase price shall be in the sum of$5,000 00, and 2 That any and all taxes, title insurance premiums, or closing costs shall be paid by Michigan Bell Telephone Company and the form labeled "Ameritech Easement" and attached to the referenced correspondence is hereby approved, and the proceeds of the sale of such property shall be deposited to Account No 101-000-680 000, Sale of Fixed Assets, FURTHER, the Mayor and City Clerk are authorized to execute said form conveying the above-described easement to Ameritech, and the City Clerk is hereby requested to do all other things necessary or incidental to fulfill the purpose of this resolution #208-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated March 15, 1999, approved for submission by the Mayor, regarding a request submitted by Soave Homes, Inc for the vacating of the easterly three (3') feet of existing twelve (12') foot easement lying parallel to the west line of Lot 12 of Cross Winds Court Subdivision located north of Six Mile Road between Stamwich Boulevard and Merriman Road in the Southwest 1/4 of Section 11, the Council does hereby determine to take no further action with respect to this matter #209-99 RESOLVED, that having considered the report and recommendation of the Court Administrator and the Judges of the Sixteenth District Court, dated March 22, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Application Technology Group, Inc , 20916 Mack Avenue, Suite 3, Grosse Pointe Woods, Michigan 48236 for supplying the 16th District Court with an upgrade/change of computer equipment in the total estimated amount of$126,612 00, the same having 31554 been in fact the lowest bid received and meets all specifications, 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 Court Administrator 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 #210-99 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, May 17, 1999, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 98-12-1-23, submitted by Charles P Elmasian and John K. Harris for a change of zoning of property located on the south side of Five Mile Road between Santa Anita and Cavell Avenues in the Northeast 1/4 of Section 24, from RUF to R-2, the City Planning Commission in its resolution 3-50-99 having recommended to the City Council that Petition 98-12-1-23 be approved, and (2) Petition 99-2-1-2, submitted by Leo Soave, on behalf of Chris Lessnau, for a change of zoning of property located on the south side of Five Mile Road between Santa Anita and Cavell Avenues in the Northeast 1/4 of Section 24, from RUF to R-2, the City Planning Commission in its resolution 3-4b-99 having recommended to the City Council that Petition 99-2-1-2 be approved, FURTHER, the City Clerk is hereby requested to, ro less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution 31555 #211-99 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from General Motors Corporation, GM Powertrain Livonia Operations, dated March 24, 1999, covering new industrial facilities to be located within City of Livonia Industrial Development District 2, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, May 17, 1999, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, May 17, 1999, at 7 00 p m at the 4 Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application #212-99 RESOLVED, that the Council having adopted Resolution 114-95 at its regular meeting held on February 22, 1995, requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed street improvement of Norfolk Avenue from 150 feet west of Melvin Avenue to Oporto Avenue and Oporto Avenue from Norfolk Avenue to 400 feet north of Norfolk Avenue in the Northeast 1/4 of Section 2, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of March 9, 1999, and that there has been a full compliance with all of the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as 31556 amended, the Council does hereby set Monday, May 10, 1999, at 7 00 p m as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code A roll call vote was taken on the foregoing resolutions with the following result: AYES Walsh, Vandersloot, Pastor, Duggan, Laura, Brosnan, and Engebretson NAYS None On a motion by Laura, seconded by Pastor, 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 54-99, and a communication from the City Planning Commission, dated November 4, 1998, which sets forth its resolution 10-180-98 adopted on October 27, 1998, with regard to Petition 98-8-2-16 submitted by Dale T Culver d/b/a Culver Custom Homes requesting waiver use approval to construct a detached condominium project on property located on the north side of Schoolcraft Road between Park Avenue and Fairway Drive in the Southeast 1/4 of Section 20, which property is zoned R-2, and the Council having conducted a public hearing with regard to this matter on Wednesday, January C, 1999, pursuant to Council Resolution 863-98, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 98-8-2-16, as shown in a revised site plan dated March 24, 1999, with sidewr.!ks to be included, is hereby approved and granted subject to the landscape plan being submitted to Council for its approval A communication from the Engineering Division, dated March 19, 1999, re requirements for the radius of the proposed cul-de-sac with respect to Petition 98-8- 2-16 by Culver Custom Homes was received and placed on file for the information of the Council Jerry Pfeifer, 14515 Ronnie Lane, questioned the location of the utilities, stated he would like more landscaping installed, and wanted to make sure the 30' setback indicated on the plans included patios and/or decks 31557 John Michniak, 14097 Park, stated he just wanted to make sure the landscaping on Fairway and on Park is top-notch Dale Culver, 39500 Orchard Hill Place, Suite 130, Novi, was present to answer questions of Council He also indicated that sidewalks would be installed Jim Borrusch, 14048 Fairway, stated his main concern was the road behind his house He's worried about security with the freeway being so close A roll call vote was then taken on the resolution proposed by Laura, seconded by Pastor, as follows #213-99 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated March 2, 1999, submitted pursuant to Council Resolution 54-99, and a communication from the City Planning Commission, dated November 4, 1998, which sets forth its resolution 10-180-98 adopted on October 27, 1998, with regard to Petition 98-8-2-16 submitted by Da!e T Culver d/b/a Culver Custom Homes requesting waiver use approval to construct a detached condominium project on property located on the north side of Schoolcraft Road between Park Avenue and Fairway Drive in the Southeast 1/4 of Section 20, which property is zoned R-2, and the Council having conducted a public hearing with regard to this matter on Wednesday, January 6, 1999, pursuant to Council Resolution 863-98, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 98-8-2-16, as shown in a revised site plan dated March 24, 1999, with sidewalks to be included, is hereby approved and granted subject to the landscape plan being submitted to Council for its approval with the following result: AYES Walsh, Pastor, Duggan and Laura NAYS Vandersloot, Brosnan and Engebretson The President declared the resolution adopted Robert Wenderski, 14193 Park, questioned the appeal process with respect to the foregoing approval of Petition 98-8-2-16 Walsh left the podium at 8 51 p m due to a conflict of interest on the next Agenda item 31558 On a motion by Pastor, seconded by Vandersloot, and unanimously adopted, it was #214-99 RESOLVED, that having considered a communication from John J Riley, Esq , dated March 22, 1999, in connection with a proposed cellular tower antenna to be constructed at Jaycee Park by AT&T Wireless PCS, Inc. and a Lease Agreement submitted by Mr Riley on April 6, 1999, to which is attached a completed Exhibit C setting forth rents to be paid pursuant to said lease, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed lease agreement between the City of Livonia and AT&T Wireless PCS, Inc., for a five-year period, with two additional five-year renevt it periods, at a location in Jaycee Park, and payable upon the terms and conditions detailed in the proposed agreement and the attached Exhibit C, and subject to approval as to form by the Department of Law; FURTHER, the Council does hereby accept the twenty thousand dollar ($20,000 00) gift offered by AT&T Wireless PCS, Inc , FURTHER, the Council does hereby direct that the gift shall be utilized for Parks and Recreation purposes in Jaycee Park. A communication from the Inspection Department, dated March 31, 1999, re minimum separation requirements between two wireless communication facilities and between a wireless communication facility and a residence was received and placed on file for the information of the Council A communication from the Law Offices of Richard Connor Riley & Associates, L.L.0 , dated April 5, 1999, re forwarding before and after the monopole photos (two views) with respect to AT&T's proposed wireless facility at Jaycee Park was received and placed on file for the information of the Council A copy of the proposed lease agreement between AT&T Wireless PCS, Inc and the City of Livonia, prepared on April 6, 1999, re the proposed wireless facility to be located at Jaycee Park was received and placed on file for the information of the Council Walsh returned to the podium at 8 55 p m 31559 On a motion by Vandersloot, seconded by Pastor, it was #215-99 RESOLVED, that having considered a communication from the City Clerk, dated March 9, 1999, and a communication from the Personnel Director, dated March 19, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, transmitting a copy of a resolution adopted by the Civil Service Commission at its regular meeting of March 18, 1999, regarding the establishment of the new classification of Assistant City Clerk, the Council does hereby concur in the recommendation of the Civil Service Commission and the classification of Positions Plan is hereby amended to establish the classification of Assistant City Clerk (to be filled in lieu of a Deputy Clerk appointment) with the following salary schedule Bi-Weekly Annual Step 1 $1,474 40 $38,334 40 Step 15 1,50400 39,104 00 Step 2 1,533 60 39,873 60 Step 3 1,595 20 41,475.20 Step 4 1,659.20 43,139.20 Step 5 1,725 60 44,865 60 FURTHER, the same benefits (i e , longevity, vacation credit, sick leave, dental, optical, medical benefits, etc.) as extended to other full-time classified Civil Service employees shall be afforded this position A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Pastor, Laura, and Engebretson NAYS Duggan and Brosnan The President declared the resolution adopted William Fried, 16009 Riverside, stated his opposition to the foregoing change in classification A communication addressed to The Livonia Observer from William C Fried, dated April 5, 1999, re his opposition to the elimination of Deputy appointments by the City Treasurer and City Clerk was received and placed on file for the information of the Council 31560 A copy of the March 19, 1999, announcement issued by the Civil Service Department re the promotional examination for the position of Assistant City Clerk, describing required qualifications and the work to be performed, was received and placed on file for the information of the Council A copy of Council Resolution #728-98, adopted at the regular meeting of September 23, 1998, re the amendment to the classification of Positions Plan and the establishment of the classification of Assistant Treasurer was received and placed on file for the information of the Council On a motion by Walsh, seconded by Pastor, it was RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated March 12, 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 bid price of Grand River Printing & Imaging, 22153 Telegraph, Southfield, Michigan 48034, for typesetting and printing the 16 page publication of the City Newsletter to be published four times a year, for the price of$4,840 77 per publication, the same having been in fact the lowest bid received and meets all specifications Raymond Matonic, Sales Representative for Dearborn Lithograph, 12380 Globe, asked for this project to be awarded to his company due to the quality of their product and their service Russell Masura, owner of Deaborn Lithograph, also stated that his company provides good quality and service and asked to be awarded this project, reminding the Council that the low bidder had not included stitching in their bid On a motion by Laura, seconded by Duggan, it was. RESOLVED, that the Council does hereby determine to substitute a resolution in lieu of the foregoing resolution which would refer this item 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 Duggan, Laura and Brosnan 31561 NAYS Walsh, Vandersloot, Pastor and Engebretson The President declared the motion to substitute denied A roll call vote was then taken on the originally proposed resolution by Walsh, seconded by Pastor, as follows. #216-99 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated March 12, 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 bid price of Grand River Printing & Imaging, 22153 Telegraph, Southfield, Michigan 48034, for typesetting and printing the 16 page publication of the City Newsletter to be published four times a year, for the price of$4,840 77 per publication, the same having been in fact the lowest bid received and meets all specifications with the following result: AYES Walsh, Vandersloot, Pastor and Engebretson NAYS Duggan, Laura and Brosnan The President declared the resolution adopted On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was. #217-99 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated March 5, 1999, approved I'ör submist;ion by the Mayor, to which is attached a schedule of bond and fee requirements in connection with the development of a site condominium project on property located between the Hees Avenue dead- ends east of Linville Avenue and north of Joy Road in the Southeast 1/4 of Section 32, the Council does hereby direct that prior to the completion of all required improvements, the proprietor shall file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit or other financial assurances in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all improvements shown on the aforementioned schedule and that with respect to such financial assurances, the same shall be in the following amounts (a) General Improvement Bond $ 28,000 00, of which at least $2,800 00 shall be in cash 31562 (b) Sidewalk Bond $ 2,700 00, of which at least $900 00 shall be in cash On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #218-99 RESOLVED, that having considered a communication from the City Planning Commission, dated March 12, 1999, which transmits its resolution 3-41-99 adopted on March 9, 1999, with regard to Petition 99-2- 8-9 submitted by Murray Foreman, on behalf of Rite Aid, requesting site plan approval in connection with a proposal to construct a commercial building on property located at 27500 Grand River Avenue in the Northeast 1/4 of Section 1, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, he Council does hereby refer this matter to the Committee of the Whole for its report and recommendation On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #219-99 RESOLVED, that having considered a communication from the City Planning Commission, dated December 17, 1998, which sets forth its resolution 12-210-98 adopted on December 15, 1998, with regard to Petition 98-10-6-5, submitted by the City Planning Commission, pursuant to Council Resolution 597-98, to determine whether or not to amend Article XVIII, Section 18 17 of the Zoning Ordinance so as to grant valid nonconforming use status to existing nonconforming produce markets and nurseries, and the Council having conducted a public hearing with regard to this matter on Monday, March 22, 1999, pursuant to Council Resolution 41-99, the Council does hereby approve Pelition 98-10 9-5 for preparation of the ordinance for submission to Council, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution A communication from the Planning Department, dated March 31, 1999, re ownership of Valley Nursery, located on Merriman Road, was received and placed on file for the information of the Council (Petition 98-10-6-5 and CR 41-99) A communication from the Department of Law, dated March 29, 1999, re whether the City may lawfully include a sunset provision in the proposed amendment to 31563 Section 18 17 of Article XVIII of Ordinance No 543 (granting nonconforming use status to existing nonconforming produce markets and nurseries) was received and placed on file for the information of the Council (Petition 98-10-6-5 and CR 41-99) On a motion by Pastor, seconded by Duggan, it was #220-99 RESOLVED, that having considered a communication from the City Planning Commission, dated January 25, 1999, which transmits its resolution 1-10-99, adopted on January 12, 1999, with regard to a revision to Petition 97-8-8-21 submitted by Joe Jaafar requesting to construct a trash dumpster enclosure to be located at 29401 Seven Mile Road in the Northeast 1/4 of Section 11, and the Council having conducted a public hearing with regard to this matter on Monday, March 22, 1999, pursuant to Council Resolution 71-99, the Council does hereby concur in the recommendation of the Planning Commission and the revision to Petition 97-8-8-21 is hereby denied based upon the fact that condition #2 of City Council Resolution 924-97 specified "that there shall be no dumpster located outside of the building, and all trash must be contained within the building except on the day the trash is scheduled for removal"and such condition is hereby upheld and shall be adhered to for the following reasons 1 That the petitioner has failed to comply with all general standards and requirements as set forth in Sections 18 58 and 19 06 of the Zoning Ordinance, 2 That the location of the proposed trash dumpster enclosure would have a detrimental effect upon the neighboring properties, 3 That this site does not have enough room to accommodate the proposed trash dumpster enclosure, and 4 That the petitioner has failed to comply with all the concerns deemed necessary for the safety and welfare of the City and its residents A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor, Duggan and Brosnan NAYS Vandersloot, Laura and Engebretson The President declared the resolution adopted 31564 Joe Jaafar, 35667 Elmira, was present to answer questions of Council A copy of a facsimile communication addressed to the General Manager of Boston Market from Joe Jaafar, dated March 24, 1999, re requesting to share Boston Market's refuge container with the Amoco Gas Station located at 29401 Seven Mile Road was received and placed on file for the information of the Council A communication from the Planning Department, dated March 25, 1999, re forwarding a Livonia Operating Service Stations survey (trash dumpsters/ enclosures) was received and placed on file for the information of the Council (Petition 97-8-8-21) A revised site plan, dated April 6, 1999, re Petition 97-8-8-21 by Joe Jaafar requesting to construct a trash dumpster enclosure at 29401 Seven Mile Road was received and placed on file for the information of the Council Duggan left the podium at 9 42 p m due to a conflict of interest on the next Agenda item. On a motion by Laura, seconded by Walsh, and unanimously adopted, it was. #221-99 RESOLVED, that having considered a communication from the City Planning Commission, dated 7ebruary 1, 1999, which sets forth its resolution 1-16-99 adopted on January 26, 1999, with regard to Petition 98-11-1-22, submitted by Leo Soave for a change of zoning of property located on the east side of Levan Road between Plymouth Road and Elmira Avenue in the Northeast 1/4 of Section 32, from C-2 to R-1, and the Council having conducted a public hearing with regard to this matter on March 22, 1999, pursuant to Council Resolution 70-99, the Council does hereby approve Petition 98-11-1-22 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 31565 Duggan returned to the podium at 9 43 p On a motion by Brosnan, seconded by Walsh, and unanimously adopted, it was #222-99 RESOLVED, that having considered a communication from the City Planning Commission, dated January 27, 1999, which sets forth its resolution 1-18-99 adopted on January 26, 1999, with regard to Petition 99-1-1-1, submitted by Phoenix Land Development for a change of zoning of property located on the east side of Farmington Road between Plymouth Road and Capitol Avenue in the Southwest 1/4 of Section 27, from C-2 and M-1 to R-81I, and the Council having conducted a public hearing with regard to this matter on March 22, 1999, pursuant to Council Resolution 70-99, the Council does hereby approve Petition 99-1-1-1, as modified, for preparation of the ordinance for submission to Council, so as to rezone this property to R-81 for the following reasons. 1 That the proposed change of zoning to the R-81 district is compatible to and in harmony with the surrounding zoning and land uses in the area, 2 That the proposed change of zoning to the R-81 district will more readily provide for the redevelopment of the subject property; 3 That the proposed change of zoning to the R-81 district will promote a comprehensive development plan for the subject property; 4 That the proposed change of zoning to the R-81 district represents a reasonable and logical zoning plan for the subject property which adheres to the principles of sound land use planning, 5 That the proposed change of zoning will provide for a multiple family type of living experience for those persons who desire an alternative to the single family residence, and 6 That the proposed change of zoning will result in a decrease in the amount of C-2 zoning in an area already well served with a variety of commercial uses, 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, FURTHER, the Council does hereby concur in the recommendation of the 31566 Planning Commission and the request to rezone the subject property to R- 811 is hereby denied for the following reasons 1 That the R-8Il classification would allow greater density and building heights than would be appropriate for the area, and 2 That the intensity of use as allowed under the provisions of the R- 811 zoning classification would overburden the site A communication from the Planning Department, dated March 31, 1999, re comparison of the Springwater Park project planned in Northville Township to the Fountain Park project p°posed by Phoenix Land Development was received and placed on file for the information of the Council (Petition 99-1-1-1) A communication from Bill Craig, 20050 Milburn, Livonia, dated April 5, 1999, re forwarding photographs depicting the Mail Kai/George Burns Theater wetland was received and placed on file for the information of the Council (Petition 99-1-1-1) A communication from Gloria J Dass, 29524 Barkley, Livonia, re requesting Council to deny Petition 99-1-1-1 was received and placed on file for the information of the Council A communication from Beth Miles, 17726 Levan, Livonia, re requesting Council to preserve the wetland and deny Petition 99-1-1-1 was received and placed on file for the information of the Council A copy of a communication from Environmental Consulting & Technology, Inc., on behalf of Phoenix Land Development, which was sent to the Michigan Department of Environmental Quality, dated February 15, 1999, re submitting an application to fill the wetlands on the George Burns Theater site was received and placed on file for the information of the Council (Petition 99-1-1-1) 31567 On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was #223-99 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 On a motion by Walsh, seconded by Laura, and unanimously adopted, it was #224-99 WHEREAS, Millennium Park LLC has applied for a permit from Wayne County to vacate and abandon the Hawkins Drain and a portion of the Shaw Drain within the proposed Millennium Park consisting of 194 acres, and WHEREAS, Millennium Park LLC will make the necessary applications and pay applicable permit and cash bond fees and agree to the conditions applicable, and WHEREAS, it is necessary for the City of Livonia to co-apply for the permit to vacate and abandon a portion of the Shaw Drain and the entire Hawkins Drain, and WHEREAS, the Livonia Drain No 36 and Livonia Drain No 19 extension is completed, and the portion of the Shaw Drain east of Middlebelt to Inkster Road and the entire Hawkins Drain under the jurisdiction of the Wayne County Drain Commissioner is no longer necessary or conducive to the public health, convenience or welfare of the City of Livonia BE IT FURTHER RESOLVED, that Millennium Park LLC developers be advised to contact the Wayne County Department of F. blic Works, Permit Division, for permits to fill the drain in the approved manner and method of construction without any cost to the City of Livonia BE IT FURTHER RESOLVED, that the Director of the Livonia Department of Public Works is authorized to sign an agreement on behalf of the City of Livonia, Wayne County and Millennium Park LLC developers pertaining to the vacation and abandonment of the existing drain and the lands to be added to the drainage district that is consistent with the terms and conditions of this resolution Ralph Williams, 18630 Foch, addressed the foregoing, stating he believed the Michigan Department of Environmental Quality must be notified with respect to this matter 31568 Pastor left the podium at 9 55 p m due to a conflict of interest on the next Agenda item On a motion by Laura, seconded by Vandersloot, and unanimously imp adopted, it was #225-99 RESOLVED, that having considered a communication from the City Planning Commission, dated January 29, 1999, which sets forth its resolution 1-15-99 adopted on January 26, 1999, with regard to Petition 98-11-1-21, submitted by Steak 'n Shake, Inc. for a change of zoning of property located on the east side of Middlebelt Road, north of Six Mile Road, in the Southwest 1/4 of Section 12, from AG and C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on March 22, 1999, pursuant to Council Resolution 70-99, the Council does hereby approve Petition 98-11-1-21 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 A communication from the Real Estate Manager of Steak 'n Shake, dated March 26, 1999, re forwarding a 1998 Annual Report, a photograph of the proposed brick building, the site plan, a copy of the Web-site story tracking the history of Steak 'n Shake, and a menu was received and placed on file for the information of the Council (Petition 98-11-1-21) Pastor 1.eturned to the podium at 9 58 p m No one from the audience wished to speak during the audience communication portion of the meeting Councilmember Brosnan announced that the 25th Annual Livonia Community Prayer Breakfast, of which she is the Chairperson, will be held on Thursday, May 6, 1999, from 7 15 a m until 9 00 a m at Laurel Manor Tickets are $14 each, and you may R.S V P by May 1, 1999 31569 On a motion by Duggan, seconded by Brosnan, and unanimously adopted, this 1,390th Regular Meeting of the Council of the City of Livonia was adjourned at 9 58 p m , April 7, 1999 J oaf McCotter, City Clerk