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HomeMy WebLinkAboutCOUNCIL MINUTES 1999-05-19 REVISED - 5/27/99 31636 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND NINETY-THIRD REGULAR MEETING OF MAY 19, 1999 On May 19, 1999, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the Vice President of the Council at 8 00 p m Councilmember Duggan delivered the invocation, asking for a moment of silence for President Engebretson's father, Herman Engebretson, who passed away last weekend Roll was called with the following result: Brian Duggan, Joe Laura, Maureen Miller Brosnan, Joe Laura, Val I Vandersloot, John R Pastor, John J Walsh Absent: Jack Engebretson (due to the death of his father) Elected and appointed officials present: Dave Woodcox, Senior Building Inspector; Robert J Schron, City Engineer; Scott Miller, Planner II, Karen Szymula, Director of Legislative Affairs, Jack E Kirksey, Mayor; Jim McCann, Planning Commission, Sean P Kavanagh, City Attorney, Joan McCotter, City Clerk, Jeffrey A. Bryant, Economic Development Manager; Mary Rutan, Personnel Director; Ian Wilshaw, Traffic Commission On a motion by Brosnan, seconded by Duggan and unanimously adopted, it was #322-99 RESOLVED, that the minutes of the 1,392nd Regular Meeting of the Council of the City of Livonia, held May 5, 1999, are hereby approved as submitted There was no audience communication at the beginning of the meeting A communication from the Department of Law, dated April 23, 1999, re United States of America v Crestwood Development Co., et al, U S District Court Case 31637 No 98-73313 (Nankin Landfill) was received and placed on file for the information of the Council A communication from the Department of Finance, dated April 20, 1999, re forwarding various financial statements of the City of Livonia for the month ending March 31, 1999 was received and placed on file for the information of the Council Mayor Kirksey spoke to the appointments of Jim McCann, Rod Crider and Jerry Wordhouse regarding various appointments on the agenda and noting that they were present at the meeting On a motion by Duggan, seconded by Brosnan, it was #323-99 RESOLVED, that having considered an application from Janel Barber, 18997 Gillman, dated April 20, 1999, requesting permission to close Gillman between Seven Mile and Clarita on Saturday, July 17, 1999, from 12 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, July 18, 1999, in the event of inclement weather, the action taken herein being made subject to the approval of the Police department. #324-99 RESOLVED, that having considered an application from Lisa Damico, 9184 Hartel, dated April 27, 1999, requesting permission to close Hartel between Grandon and Westfield on Saturday, June 26, 1999, from 4 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police department. #325-99 RESOLVED, that having considered a communication from the Mayor, dated April 26, 1999, wherein he has requested approval of the reappointment of Angelo A. Plakas, 36702 Whitcomb, Livonia, Michigan 48154, to the Economic Development Corporation of the City of Livonia Board of Directors for a six-year term expiring June 7, 2005, the Council does hereby confirm and approve such reappointment. #326-99 RESOLVED, that having considered a communication from the Mayor, dated April 26, 1999, the Council does hereby approve of and concur in the reappointment of James McCann, 18435 Mayfield, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which will expire on June 9, 2002 31638 #327-99 RESOLVED, that having considered a communication from the Mayor, dated April 26, 1999, the Council does hereby approve of and concur in the reappointment of William Lapine, 33855 Carl Drive, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which will expire on June 9, 2002 #328-99 RESOLVED, that having considered a communication from the Mayor, dated April 12, 1999, wherein he has requested approval of the reappointment of Lowell Peterson, 9420 Lathers, Livonia, Michigan 48150, to the Livonia Plymouth Road Development Authority as a resident member at large for a four-year term expiring May 16, 2003, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. #329-99 RESOLVED, that having considered a communication from the Mayor, dated April 12, 1999, wherein he has requested approval of the reappointment of Jerry Wordhouse, 32000 Plymouth Road, Livonia, Michigan 48150, to the Livonia Plymouth Road Development Authority as a business interest or owner for a four-year term expiring May 16, 2003, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. #330-99 RESOLVED, that having considered a communication from the Mayor, dated April 12, 1999, wherein he has requested approval of the appointment of Rod Crider, 15401 Farmington Road, Livonia, Michigan 48154, to the Livonia Plymouth Road Development Authority as a representative of the Livonia Chamber of Commerce for a four-year term expiring May 16, 2003, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such appointment provided that he takes the Oath of Office as required in Section 2, Chapter X of the City Charter, to be administered by the Office of the City Clerk. #331-99 RESOLVED, THAT WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1987, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs, and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living 31639 environment and expanding economic opportunities, principally for persons of low and moderate income, and WHEREAS, to obtain its Fiscal Year 1999 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1987, the City of Livonia must submit a Statement of Community Development Objectives and Projected Use of Funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate federal and state laws and Department of Housing and Urban Development regulations, and satisfactory assurances that, prior to submission of its Final Statement of Community Development Objectives and Projected Use of Funds, it has (a) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate income persons, and other important program requirements, (b) held a public hearing to obtain the views of citizens on community development and housing needs, and (c) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed Statement of Community Development Objectives and Projected Use of Funds, NOW, THEREFORE, BE IT RESOLVED by the City Council of Livonia that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year 1999 Community Development Block Grant Program is hereby approved and shall be submitted to the Department of Housing and Urban Development. #332-99 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 21, 1999, which bears the signature of the Director of Finance and the City Attorney and is approved for submission by the Mayor, the Council does hereby accept the proposal submitted by Compaq Computer Corporation, 1124 Tower Road, Schaumburg, Illinois 60173, for completing all work required to upgrade the Public Safety Operating System (PSOS) for the year 2000 (Y2k) readiness, FURTHER, the Council does hereby authorize the expenditure of a sum of$48,800 00 from Account No 401-000-976-026 for this purpose, 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 Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #333-99 RESOLVED, that having considered a communication from the Department of Law and the City Engineer, dated April 21, 1999, which 31640 bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein it is recommended that certain right-of- way associated with the Merriman Road Grade Separation Project in the Southwest 1/4 of Section 26 be conveyed to Wayne County, the legal description of which is as follows That part of the Southwest 1/4 of Section 26, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, which is described as follows Beginning on the South line of the C & 0 R R , distant S 00 4 5'20" W , 49 5 feet along the West line of Section 26 and S 88 49'40" E , 60 00 feet, from the W 1/4 Corner of Section 26, and proceeding thence along the South line of the C & 0 R R , S 88 49'40" E , 38 11 feet; thence S 3 11'58" W , 170 03 feet; thence S 4 00'55" W , 121 92 feet; thence S 4 16'44" W , 31 48 feet; thence S 13 41'48" W , 97 41 feet; thence N 0 45'20" E , 418 22 feet to the point of beginning (Parts of 12360, 12400 and 12500 Merriman Road), the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a proper deed of conveyance of the aforesaid Merriman Road right-of-way to the County of Wayne, subject to approval as to form by the Department of Law, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #334-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Public Utility Manager, dated April 30, 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 Pro Tern, requesting approval of two Rouge River National Wet Weather Demonstration Project Interagency Agreements between the City and Wayne County, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Agreements between the City of Livonia and Wayne County for Geographic Information System (GIS) application development at a cost of$45,900 00, FURTHER, the Council does hereby appropriate and authorization the expenditure of a sum of $45,900 00 from the Unexpended Fund Balance of the Water and Sewer Fund (592) for this purpose, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with the provisions set forth in Section 3 04 140D2 of the Livonia Code of Ordinances, as amended #335-99 RESOLVED, that having considered a communication from the City Planning Commission, dated April 29, 1999, which transmits its resolution 4-62-99, adopted on April 20, 1999, with regard to Petition 99-2- 2-6, submitted by Brazen & Greer Masonry, Inc , requesting waiver use ice+ 31641 approval to stockpile material outdoors in connection with a masonry contracting business located on the south side of Amrhein Road, east of Eckles Road, in the Southwest 1/4 of Section 30, which property is zoned M-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 99-2-2-6 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked SP-1, prepared by Chester Stempien Associates, as received by the Planning Commission on April 13, 1999, which illustrates the proposed outdoor storage areas, is hereby approved and shall be adhered to, 2 That the outdoor storage of materials, vehicles and equipment shall occur only within the areas designated for that purpose on the Site Plan, 3 That outdoor storage shall be limited to the materials, vehicles and equipment noted on the Site Plan and represented to the Planning Commission in a letter dated February 25, 1999, from George Greer of Brazen & Greer Masonry, Inc , and 4 That a masonry protective wall in conformance with the detail provided on the Site Plan shall be constructed along the west line, except for the front yard setback, and along the east 300 feet of the south line of the subject property #336-99 WHEREAS, the City of Livonia has received a request from Dearborn Lithograph, Inc , 12380 Globe St., Livonia, Michigan 48150 dated April 29, 1999, proposing the establishment of an industrial development district; and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 1 09 acres lying in the Southwest 1/4 of Section 29 as more particularly described in the attachment to the application which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 73", NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows time 31642 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 73 taw 2 This City Council sets Monday, June 21, 1999, at 7 00 p m as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above #337-99 WHEREAS, the City of Livonia has received a request from Trio Tool Company, 34401 Schoolcraft Road, Livonia, Michigan 48150, dated April 30, 1999, proposing the establishment of an industrial development district; and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 1 6 acres lying in the Northwest 1/4 of Section 28 as more particularly described in the attachment to the application which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 74", NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows. 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 74 2. This City Council sets Monday, June 21, 1999, at 7 00 p m as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an 31643 opportunity to be heard on the question of establishing the Industrial Development District described above A roll call vote was taken on the foregoing resolutions with the following result. AYES Duggan, Laura, Brosnan, Vandersloot, Pastor, and Walsh NAYS None A communication from the Department of Parks and Recreation, dated April 21, 1999, re update of the Bentley Center Task Force with respect to the feasibility of building an all-season indoor sports complex to be paid for by user fees, was received and placed on file for the information of the Council (CR 402-96) A communication which was approved by the Parks and Recreation Commission dated April 22, 1999, re formation and report of the Golf Operations Committee with respect to the operation, maintenance, and financing of the City's golf course operations was received and placed on file for the information of the Council (CR 1141-96) On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #338-99 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated April 27, 1999, submitted pursuant to Council Resolution 1141-96, and the report and recommendation of the Superintendent of Parks and Recreation, dated November 14, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits resolution 2366-96, adopted by the Parks and Recreation Commission on November 12, 1996, regarding proposed increases in greens fees and changes to outing policy and City of Livonia Fees/Waivers, which was approved by the Parks and Recreation Commission in its resolution 2340- 95, adopted on December 5, 1995, the Council does hereby determine to take no further action on this matter 31644 On a motion by Pastor, seconded by Laura, and unanimously adopted it was #339-99 RESOLVED, that having considered the report and recommendation of the City Council/Schools Liaison Committee, dated May 4, 1999, submitted pursuant to Council Resolution 331-98, regarding traffic and parking problems in the area of Stevenson High School, the Council does hereby determine to take no further action on this matter On a motion by Pastor, seconded by Duggan, and unanimously adopted it was #340-99 RESOLVED, that having considered the report and recommendation of the City Council/Schools Liaison Committee, dated May 4, 1999, submitted pursuant to Council Resolution 331-98, regarding traffic and parking problems in the area of Stevenson High School, the Council does hereby refer the subject of the installation of a traffic signal on Six Mile at Stevenson High School, only at peak times, and assistance in paying for the traffic light to the Mayor for a report and recommendation On a motion by Pastor, seconded by Duggan, and unanimously adopted, it was #341-99 RESOLVED, that having considered the report and recommendation of the City Council/Schools Liaison Committee, dated May 4, 1999, submitted pursuant to Council Resolution 331-98, regarding traffic and parking problems in the area of Stevenson High School, the Council does hereby refer the subject of the installation of a left turn traffic signal on Six Mile at Stevenson High School to the Traffic Commission for a report and recommendation On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #342-99 RESOLVED, that having considered the report and recommendation of the City Council/Schools Liaison Committee, dated May 4, 1999, submitted pursuant to Council Resolutions 242-97 and 25- 97, and a communication from Councilmember Val Vandersloot, dated December 16, 1996, with respect to the subject of a review of the City's current and future plans for soccer programs, fields, fees, etc., the Council does hereby determine to take no further action with respect to this matter 31645 It was noted that the subject of a Bentley Center Task Force, Agenda Item #16c, is to remain in the City Council Schools Liaison Committee (CR 25-98) On a motion by Laura, seconded by Pastor, and unanimously adopted, it was #343-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 3, 1999, and a communication from the City Planning Commission, dated April 1, 1999, which transmits its resolution 3-55-99, adopted on March 23, 1999, with regard to Petition 99-3-8-11, submitted by Ledy Design Group (Big Boy), requesting site plan approval in connection with a proposal to add a new front entrance façade to the restaurant located at 37123 Six Mile Road in the Northwest 1/4 of Section 17, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-3-8-11 is hereby approved and granted, subject to the following conditions. 1 That the Exterior Building Elevation Plans, marked Sheet A3 1 and A3 2, both dated May 3, 1999, as revised, prepared by Ledy Design Group, are hereby approved and shall be adhered to, 2 That the brick used in the construction of the structural entrance canopy shall match that of the existing structure and shall be full face four (4") inch brick; 3 That the three walls of the trash dumpster area shall be constructed out of full face four (4") inch brick, to match the building, and the enclosure gates shall be maintained and, when not in use, closed at all times, 4 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in their correspondence dated March 19, 1999 That the concrete sidewalk on the east side of the building shall be replaced, That the asphalt on the south side of the building shall be repaired, That the existing trash dumpster enclosure shall be repaired or removed, 31646 5 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 A communication from Ledy Design Group, dated May 13, 1999, re new building elevation plans for Petition 99-3-8-11, was received and placed on file for the information of the Council (CR 272-99) A communication received from the Personnel Director, dated April 8, 1999, re the proposed contract to be entered into between the City of Livonia and the Livonia Police Officers Association for the period December 1, 1997 through November 30, 2006 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 #344-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 3, 1999, submitted pursuant to Council Resolution 281-99, and a communication from the Personnel Director, dated April 8, 1999, approved for submission by the Mayor, and a subsequent communication from the Personnel Director, dated April 16, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on April 16, 1999, wherein the Commission has approved the proposed contract to be entered into between the City of Livonia and the Livonia Police Officers Association for the period December 1, 1997 through November 30, 2006, the Council does hereby concur in the recommendation of the Civil Service Commission and approves said contract. Pastor left the podium at 8 18 p m due to a conflict of interest on the next Agenda item Laura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 12 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OR ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 98-11-1-21) 31647 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Pastor returned to the podium at 8 19 p m Brosnan took from the table for second reading and adoption, the following amendment: AN ORDINANCE AMENDING SECTION 18 17 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOW AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 98-10- 6-5) A roll call vote was taken on the foregoing proposed ordinance with the following result: AYES Duggan, Laura, Brosnan, Vandersloot, Pastor, and Walsh NAYS None The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication Duggan left the podium at 8 25 p m due to a conflict of interest on the next Agenda item Laura took from the table, for second reading and adoption, the following proposed amendment: AN ORDINANCE AMENDING SECTION 32 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 98-11-1-22) A roll call vote was taken on the foregoing resolutions with the following result: AYES Duggan, Laura, Brosnan, Vandersloot, Pastor, and Walsh NAYS None 31648 The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication Duggan returned to the podium at 8 26 p m On a motion by Duggan, seconded by Laura, it was RESOLVED, that having considered a letter from Stegner Electric Controls, Inc , dated May 3, 1999, wherein it is indicated that Stegner Electric Controls, Inc. intends to transfer facilities from 35432 Industrial Road, Livonia, Michigan, to Auburn Hills, Michigan, and which further indicates that Stegner Electric Controls, Inc. desires to obtain a 1974 P.A. 198 exemption for the Auburn Hills facility, the Council does hereby reject and deny this request since it is the determination of the Council that the transfer of facilities would have the effect of transferring employment from one governmental unit in Michigan to another local governmental unit in Michigan and for the further reason that the said transfer would not be in the best interest of either the Citizens of Livonia or the people of the State of Michigan, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A communication from the Department of Assessment. dated May 11, 1999 re Release of Employment Request for Stegner Electric Controls located at 35432 Industrial Road, Livonia, Michigan, Wayne County was received and placed on file for the information of the Council A copy of an article from Crain's Detroit Business, Week of May 10-16, 1999 re Release of Employment Request for Stegner Electric Controls was received and placed on file for the information of the Council Jeanine Hayman, Controller from Stegner Electric was present to answer questions She stated that the company needed to expand and needed Council's approval on this matter Bill Fried, 16009 Riverside, voiced his opposition to the requested transfer of facilities 31649 A roll call was then taken on the foregoing proposed resolution by Duggan, seconded by Laura, with the following result: AYES Duggan, Laura, Brosnan NAYS Vandersloot, Pastor, and Walsh The Vice President declared the resolution denied due to a lack of a majority vote On a motion by Duggan, seconded by Laura, it was RESOLVED, that having considered a letter from the Michigan Economic Development Corporation, dated April 28, 1999, with regard to a loan application submitted to the Michigan Strategic Fund by Stegner Electric Controls, Inc , wherein it is indicated that the proceeds of Industrial Development Revenue Bonds issued by the Fund are for a new facility to be located in Auburn Hills, Michigan, and that the said company will be transferring its existing facility from Livonia, Michigan, to Auburn Hills, Michigan, the Council does hereby give notice pursuant to Section 12a of the Michigan Strategic Fund Act, 1984 pa 270, that it objects to the transfer of employment for the reason that the transfer of facilities would have the effect of transferring employment from one governmental unit in Michigan to another local governmental unit in Michigan and for the further reason that the said transfer would not be in the best interest of either the Citizens of Livonia or the people of the state of Michigan, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call was taken on the foregoing proposed resolution with the following result: AYES Duggan, Laura, Brosnan NAYS Vandersloot, Pastor, and Walsh The Vice President declared the resolution denied due to lack of majority vote A communication from the Inspection Department, dated April 27, 1999, re condition of the property located at 29623 Eight Mile Road (Country Style Market, CR 191-99 and Petition 98-11-2-22) was received and placed on file for the information of the Council Pastor left the podium at 8 54 due to a conflict of interest on the next agenda item 31650 On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #345-99 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 30, 1999, and a report and recommendation from the Chief of Police, dated April 28, 1999, approved for submission by the Mayor, regarding a request from Buca, Inc. (a Minnesota corporation) for transfer of ownership of 1997 tavern licensed business (in escrow) from Johnson-Brown, Inc. and to transfer location (governmental unit) [MCL 436 1531 (1)] from 42400 Ford Road, Canton Township, Michigan, Wayne County; and to transfer classification to a Class C license and request for a New Official Permit (Food) for a business to be located on 38888 Six Mile Road, Livonia, Michigan, Wayne County, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation Pastor returned to the podium at 8 55 p m Walsh left the podium and relinquished the chair to Senior Councilmember Brosnan to speak to the following item at 8 55 p m On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #346-99 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 3, 1999, and a report and recommendation of the Chief of Police, dated March 30, 1999, approved for submission by the Mayor, in connection therewith, the Council does hereby approve of the request from Cantoro Italian Market, Inc , to add space to the 1998 SDM licensed business located at 19710 Middlebelt Road, Livonia, Michigan 48152, Wayne county; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission Walsh returned to the podium and resumed the Chair at 8 56 p m On a motion by Duggan, seconded by Laura, it was #347-99 RESOLVED, that having considered a communication from the City Planning Commission, dated April 29, 1999, which transmits its resolution 4-69-99, adopted on April 20, 1999, with regard to a Sign Permit Application, submitted by J-P Properties on behalf of Fairfield Inn, requesting approval for signage for the hotel located at 17350 Fox Drive in REVISED 31651 the Southwest 1/4 of Section 7, 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 Metro Detroit Signs, as received by the Planning Commission on April 1, 1999, is hereby approved and shall be adhered to, and 2 That any additional signage shall come back before the Planning Commission and City Council for their review and approval A roll call vote was taken on the foregoing resolutions with the following result: AYES Duggan, Laura, Brosnan, Vandersloot and Walsh NAYS Pastor The Vice President declared the resolution duly adopted Kal Jabara from JP Properties explained his request for the Sign Permit Application to the Council On a motion by Brosnan, seconded by Pastor, it was RESOLVED, that having considered a communication from the City Planning Commission, dated April 12, 1999, which transmits its resolution 3-45-99, adopted on March 23, 1999, with regard to Petition 99- 2-2-5, submitted by Rocky Zebari, requesting waiver use approval to utilize SDD and SDM licenses within an existing building located on the northeast corner of Middlebelt Road and St. Martins Avenue in the Southwest 1/4 of Section 1, which property is zoned C-2, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation Councilmembers Brosnan and Pastor withdrew their motions on the foregoing resolution On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #348-99 RESOLVED, that having considered a communication from the City Planning Commission, dated April 12, 1999, which transmits its resolution 3-45-99, adopted on March 23, 1999, with regard to Petition 99- 2-2-5, submitted by Rocky Zebari, requesting waiver use approval to utilize SDD and SDM licenses within an existing building located on the 31652 northeast corner of Middlebelt Road and St. Martins Avenue in the Southwest 1/4 of Section 1, which property is zoned C-2, the Council does hereby remove this matter from consideration at this meeting and does hereby reschedule it to a date uncertain On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #349-99 RESOLVED, that having considered a communication from the City Planning Commission, dated April 12, 1999, which transmits its resolution 3-45-99, adopted on March 23, 1999, with regard to Petition 99- 2-2-5, submitted by Rocky Zebari, requesting waiver use approval to utilize SDD and SDM licenses within an existing building located on the northeast corner of Middlebelt Road and St. Martins Avenue in the Southwest 1/4 of Section 1, which property is zoned C-2, the Council does hereby refer to the Inspection Department for its report and recommendation the matter of the handicap ramp Mr Zebari was present to answer questions of Council. On a motion by Vandersloot, seconded by Duggan, it was #350-99 RESOLVED, that having considered a communication from the Department of Law, dated May 11, 1999, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held Tuesday, May 25, 1999, at 6 30 p m. for the purpose of discussing litigation matters and attorney/client privileged communications in connection with pending litigation A roll call was taken on the foregoing proposed resolution with the following result: AYES Duggan, Laura, Brosnan, Vandersloot, Pastor and Walsh NAYS None The Vice President declared the resolution duly adopted There was no audience communication at the end of the meeting Duggan mentioned, as a friendly reminder, that he is waiting to receive the report on left turn lights on all major intersections from the Traffic Commission 31653 Pastor mentioned that there will be a Children's Miracle Network Telethon on Channel 50, on June 6, 1999, he would appreciate any and all pledges to the Children's Miracle Network On a motion by Brosnan, seconded by Duggan, and unanimously adopted, this 1,393rd Regular Meeting of the Council of the City of Livonia was adjourned at 9 16 pm , May 19, 1999 .7)AGe 2tit4e)/ /Joan McCotter, City Clerk