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HomeMy WebLinkAboutCOUNCIL MINUTES 1999-06-02 31656 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND NINETY-FOURTH REGULAR MEETING OF JUNE 2, 1999 On June 2, 1999, the above meeting was held at 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 Laura delivered the invocation Roll was called with the following result: Joe Laura, Maureen Miller Brosnan, John J Walsh, Val I Vandersloot, John R Pastor, Brian Duggan and Jack Engebretson, Absent: none Elected and appointed officials present: Joan McCotter, City Clerk, Sean Kavanagh, City Attorney; Karen Szymula, Director of Legislative Affairs, Linda McCann, Director of Community Resources, Robert J Schron, City Engineer; Ronald Reinke, Superintendent of Parks & Recreation, Eugenia Riters, Arts Commission, Patricia Tavidian, Arts Commission, Jeffery A. Bryant, Economic Development Manager; Ian Wilshaw, Traffic Commission, Scott Miller, Planner II, Planning Department. On a motion by Brosnan, seconded by Duggan, it was #352-99 RESOLVED, that the minutes of the 1,393rd Regular Meeting of the Council held May 19, 1999, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Brosnan, Walsh, Vandersloot, Pastor, and Duggan NAYS None PRESENT Engebretson The President declared the resolution adopted On a motion by Brosnan, seconded by Pastor, it was 31657 #353-99 RESOLVED, that the minutes of the 237th Special Meeting of the Council held May 24, 1999, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Brosnan, Walsh, Vandersloot, Pastor, and Engebretson NAYS None PRESENT Duggan The President declared the resolution adopted Councilmember Pastor announced the date for the Children's Miracle Telethon on Sunday, June 6, 1999 with a reminder that donations for this worthy cause will benefit the William Beaumont Hospital Council President Engebretson announced that a meeting will be held on June 17, 1999 to give details of the City's preparation plans for Y2K. Mayor Kirksey congratulated the winners of the 1999 Fine Arts Scholarship, mentioning that the recipients were in the audience, and that recipients will receive a check for $1,000 00 The Mayor then introduced each recipient and discussed his/her background and goals for the future There was no audience communication at the beginning of the meeting A communication from the Engineering Division, dated May 17, 1999, re status of the Whispering Pines Site Condominiums was received and placed on file for the information of the Council A communication from the Blue Shield, Blue Cross, Blue Care Network of Michigan, dated March 16, 1999, re a proposed Administrative Services Contract Renewal Agreement with Blue Cross and Blue Shield of Michigan for a one-year renewal term for the period June 1, 1999, through May 31, 2000, was received and placed on file for the information of the Council (Consent Agenda Item #4) 31658 A communication from Nikolaos Moutafis of Whispering Willows Golf Course, dated June 2, 1999, re request to include liquor service on Whispering Willows Golf Course with a sunset provision of November 30,1999, was received and placed on file for the information of the Council (Consent Agenda Item #9) On a motion by Duggan, seconded by Brosnan, it was #354-99 RESOLVED, that having considered an application from Michelle Lohman, 20115 Floral, dated May 4, 1999, requesting permission to close Floral between Fargo and Norfolk on Sunday, July 4, 1999, from 11 00 a 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 Saturday, July 3, 1999, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #355-99 RESOLVED, that having considered an application from Inger Griffin, 29637 Maclntyre, dated May 14, 1999, requesting permission to close Macintyre between Robert and Louise on Saturday, July 10, 1999, from 3 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 Saturday, July 17, 1999, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #356-99 RESOLVED, that having considered an application from Pamela A. Elliott, 32458 Maryland, dated May 14, 1999, requesting permission to close Maryland between Ohio and Hubbard on Saturday, July 24, 1999, from 3 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. #357-99 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated May 7, 1999, approved for submission by the Mayor, to which is attached a proposed Administrative Services Contract Renewal Agreement with Blue Cross and Blue Shield of Michigan for a one-year renewal term for the period June 1, 1999, through May 31, 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 in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the said item 31659 without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended #358-99 RESOLVED, that having considered the report and recommendation of the Director of the Plymouth Road Development Authority, dated May 5, 1999, requesting the removal of the first parking spaces adjacent to the Plymouth Road sidewalk at each of the City's municipal parking lots in connection with the Streetscape Improvements on Plymouth Road between Merriman and Farmington Roads, the Council does hereby approve and grant this request in the manner and form herein submitted #359-99 RESOLVED, that having considered a communication from the Director of Community Resources and the Chairman of the Livonia Historical Commission, dated May 12, 1999, approved for submission by the Mayor, to which is attached a proposal from John Linardos, President, Motor City Brewing Works, Inc , on behalf of the Michigan Brewers Guild, dated May 10, 1999, requesting permission to hold the Second Annual Brewers Festival on July 24, 1999, at Greenmead, the Council does hereby grant permission as requested, the action taken herein being subject to the following conditions 1 That the Michigan Brewers Guild and all equipment operators shall provide the City of Livonia with appropriate insurance policies naming the City of Livonia as additional insured with liability coverage of$1 million, and all certificates of insurance shall be submitted to the Department of Law for approval by the City prior to the event; 2 That the Michigan Brewers Guild and any vendors involved in the sale of beer or wine on Greenmead property shall provide the City of Livonia with an insurance policy naming the City of Livonia as additional insured with liquor liability coverage in the amount of$1 million, such certificate to be submitted to the Department of Law for approval by the City prior to the event; 3 That the Michigan Brewers Guild shall execute a hold harmless agreement in favor of the City of Livonia in a manner and form acceptable to the Department of Law; 4 That all vendors must obtain transient merchant licenses from the City of Livonia prior to the event, and all necessary licenses and permits from state and county agencies prior to the event; 5 That the Michigan Brewers Guild shall pay an event fee in the amount of$1,000 00, as well as the police fee as stated on the City 31660 of Livonia Fees/Waivers IV Category Grid as established in Council Resolution 371-93, adopted on May 5, 1993 #360-99 RESOLVED, the Council does hereby refer the subject of a comparison of fees charged by neighboring communities for use of municipal facilities to the Department of Community Resources for its report and recommendation #361-99 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated May 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 unit price bid of Davey Tree Expert Company, 8250 Ronda, Canton, Michigan 48187, for completing all work required in connection with the City's 1999 Municipal Tree Trimming Program in Area 1 for the estimated total cost of$74,400 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 and only 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 #362-99 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated May 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 lease agreement between the City of Livonia and the Detroit Metropolitan YMCA, with respect to the renewal of the Shelden Pool lease, for a period of three years commencing June 1, 1999 through September 15, 2002, with an optional additional three-year term commencing September 16, 2002, and ending September 15, 2005, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached agreement, subject to approval of the Department of Law, as well as to do all other things necessary or incidental to the full performance of this resolution A communication from Department of Parks and Recreation, dated May 3, 1999, re request to amend lease with Moutafis, Inc , to include liquor service on 31661 Whispering Willows Golf Course with a sunset provision of November 30,1999, was received and placed on file for the information of the Council #363-99 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated May 3, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with respect to an amendment to the lease with Moutafis, Inc to include a provision for liquor service on the golf course with a sunset provision of November 30, 1999, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation #364-99 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated May 3, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits resolution 2472-99, adopted by the Parks and Recreation Commission at its regular meeting held on April 5, 1999, wherein the Parks and Recreation Commission has recommended that the Detroit Rockers be allowed to sell their merchandise at their summer camps to be held on June 25, 1999, and August 6, 1999, the Council does hereby concur in the recommendation of the Parks and Recreation commission and does hereby approve this request in the manner and form herein submitted #365-99 RESOLVED, that the Council does hereby refer the subject of City Policy on whether groups or individuals renting City Facilities should be allowed to sell their merchandise without City Council approval to the Parks and Recreation Commission for its report and recommendation #366-99 RESOLVED, that having considered a communication from the Department of Law, dated May 7, 1999, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, and to which is attached a Right to Purchase Real Estate Agreement, signed by the President of Anchor Homes and the City Attorney, relating to a 27 foot wide strip of property, 258 5 feet in length, as road right-of-way at 36451 Ann Arbor Trail, the Council does hereby authorize the Department of Law to acquire said property which is more particularly described as follows That part of Lot 752, Livonia Supervisors Plat No 12, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, as described in Liber 66, Page 65, Wayne County Records, beginning at the Northeast Corner and proceeding thence S 45°12'20" W , 27 05 feet; thence N 48°23'25" W , 256 46 feet; thence N 41°36'35" E , 27 00 feet, thence S 48°23'25" E 31662 along the northerly line of said lot 258 15 feet to the Point of Beginning 0 16 Acres Property Number 126-01-0752-002 (36451 Ann Arbor Trail) subject to the following conditions 1 That the purchase price shall be in the sum of$10,469.25, 2 That the City of Livonia shall pay for the cost of title work and any prorated city, county, county drain, school and community college taxes and assessments, as well as any other closing costs, in a sum not to exceed $1,531 75, BE IT FURTHER RESOLVED, that a sum not to exceed $12,000 00 is hereby authorized to be expended from proceeds of the sale of the $12 Million General Obligation Road Improvement Bond Issue approved by the electorate in 1989, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction, and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this Resolution #367-99 RESOLVED, that having considered a communication from the Department of Law, dated April 30, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor Pro Tem, the Council does hereby request that, in accordance with Council Resolution 300-88, the City-owned property located at 9864 Stark Road in the Northeast 1/4 of Section 33 be posted with a "For Sale" sign for 30 days prior to taking bids, and that the Director of Finance prepare specifications and obtain competitive bids with a minimum purchase price of$38,000 00 accompanied by a deposit in the form of a money order or certified check, which is equal to five percent of the bid price or $1,900 00, whichever is greater, and in the event of a default, the deposit is subject to forfeiture as liquidated damages, and that all competitive bids shall thereafter be submitted to Council for its consideration A communication from the Engineering Division, dated May 12, 1999, re the paving of Henry Ruff Road, from Lyndon to Five Mile Road - administrative response to CR 251-99 - was received and placed on file for the information of the Council #368-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, 31663 dated May 13, 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 Joint Sealing, Inc , 30301 Navin, Livonia, Michigan 48152, for completing all work required in connection with the 1999 Pavement Joint And Crack Sealing Program (Contract 99-D) for the total estimated amount of$106,259 78, which is the total amount for Proposal A (hot poured) and Proposal B (over band), based on 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, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $78,889 34 from funds already budgeted in Account No 203-463-818-117 (Local Roads) and an expenditure in the amount of$27,370 44 from funds already budgeted in Account No 202-463-818-117 (Major Roads) for this purpose, FURTHER, the Council does hereby authorize an additional expenditure of$25,000 00 from Account No 203-463-818-117 (Local Roads) to do additional work by change order under this contract at the unit prices bid herein, 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 for and on behalf of the City of Livonia to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #369-99 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 17, 1999, which bears the signature of the Director of Finance, is approved by the Director of Public Works, is approved as to the form by the City Attorney, and is approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia, the Michigan Department of Transportation, and Wayne County, and a proposed agreement between the City of Livonia and Wayne County, for the improvement of Farmington Road from Five Mile Road to Seven Mile Road, together with bridge rehabilitation over the Bell Creek, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute these agreements in the manner and form herein submitted, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of$669,964 00 from the $12 Million General Obligation Road Bond Issue for the City's estimated share of this project, with the anticipation of a refund of approximately $584,248 00 when Federal funding is approved for the project; and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreements, to the Wayne County Department of Public Services, Division of Engineering 31664 #370-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 1999, which transmits its resolution 5-75-99, adopted on May 4, 1999, with regard to Petition 99-3-2-8, submitted by Parkview Memorial Cemetery requesting waiver use approval to construct two additions to the existing mausoleum located on the south side of Five Mile Road between Farmington Road and Ashurst Road in the Northeast 1/4 of Section 21, which property is zoned AG, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 99-3-2-8 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Drawing 1, File Number 9901, prepared by G H Forbes Associates, dated March 25, 1999, is hereby approved and shall be adhered to, 2 That the landscaping shown on the Foundation, Roof& Landscape Plan, marked Drawing 3, File Number 9901, prepared by G H Forbes Associates, dated March 25, 1999, is hereby approved and shall be adhered to, except that upright Junipers (e g , "Canaerti" or "Blue Point", 4'- 5' in height) are to be substituted for arborvitae in the landscape area just to the northeast of the mausoleum building, 3 That the proposed landscaping shown on the above referenced plan shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That the Building Elevation Plan for the proposed additions, marked Drawing 4, File Number 9901, prepared by G H Forbes Associates, dated March 25, 1999, is hereby approved and shall be adhered to, and 5 That the brick used in the construction of the building additions shall be full face four (4") inch brick, no exceptions #371-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 1999, which transmits its resolution 5-86-99 adopted on May 4, 1999, with regard to Petition 98-4-8-14, submitted by Tri-West Development, requesting approval to amend the site plan which was approved in connection with this petition for property located at 18150 Wayne Road in the Northwest 1/4 of Section 9, the Council does hereby concur in the recommendation of the Planning Commission and the revision to Petition 98-4-8-14 is hereby approved and granted, subject to the following conditions 31665 1 That the request by Tri-West Development, in a letter dated April 20, 1999, to eliminate the requirement for an entrance marker, as specified in Council Resolution #476-98, is hereby approved and shall be adhered to, and 2 That all other conditions and requirements as set forth in the original resolution shall be adhered to #372-99 RESOLVED, that having considered a request from Councilmember Laura regarding the installation of left-turn signals on Five Mile and Merriman Roads and Six Mile and Merriman Roads, the Council does hereby refer this matter to the Traffic Commission for its report and recommendation A roll call vote was taken on the foregoing resolutions with the following result: AYES Laura, Brosnan, Walsh, Vandersloot, Pastor, Duggan, and Engebretson NAYS None On a motion by Brosnan, seconded by Walsh, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 12, 1999, submitted pursuant to Council Resolution 145-99, and having considered a letter from the Michigan Liquor Control Commission, dated December 7, 1998, and the report and recommendation of the Chief of Police, dated February 8, 1999, approved for submission by the Mayor, the Council does hereby approve of the request from Maram Hirmis for transfer of ownership of a 1998 SDD-SDM Licensed business from Pleasant Liquor Shoppe, Inc. for a business located at 38675 Ann Arbor Road, Livonia, Michigan, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission Councilmembers Brosnan and Walsh withdrew their motions on the foregoing resolution At the direction of the Chair, Item #19a was removed from the Agenda and rescheduled to the Regular Meeting of June 16, 1999 On a motion by Duggan, seconded by Brosnan, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 12, 1999, 31666 submitted pursuant to Council Resolution 218-99, and 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, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-2-8-9 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet C000 prepared by SSOE, Inc., as received by the Planning Commission on March 5, 1999, is hereby approved and shall be adhered to, 2 That the Landscape Plans marked Sheet LS01, prepared by SSOE, Inc , as received by the Planning Commission on March 5, 1999, are hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plan marked Sheet A-8 prepared by SSOE, Inc , as received by the Planning Commission on February 23, 1999, is hereby approved and shall be adhered to, 6 That the brick used in the construction of the building shall be full face four (4") inch brick, no exceptions, 7 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, 8 That all light standards shall be shielded from the adjacent properties and shall not exceed 20 feet in height; 9 That the entire parking lot shall be repaired, resealed and double striped, 31667 10 That the 112 sq ft. wall sign, as shown on the approved Elevation Plan, and the conforming monument ground sign, are hereby approved and shall be adhered to, and err 11 That the existing structures be completely demolished within ninety (90) days of the Certificate of Occupancy being issued for the new Rite Aid Councilmembers Duggan and Brosnan withdrew their motions on the foregoing resolution At the direction of the Chair, Item #19b was removed from the Agenda and rescheduled to the Regular Meeting of June 16, 1999 Steve Karras, representing Murray Foreman and Rite Aid, was present to speak to the item On a motion by Vandersloot, seconded by Duggan, and unanimously adopted, it was #373-99 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated May 18, 1999, submitted pursuant to Council Resolution 276-99, and the report and recommendation of the Director of Finance, dated April 5, 1999, approved for submission by the Mayor, with respect to Audit Reports of the City of Livonia (Financial Report with Additional Information dated November 30, 1998), for District Court Funds of District No 16 of the City of Livonia (Financial Report with Additional Information dated November 30, 1998), for the Economic Development Corporation of the City of Livonia (Financial Report dated November 30, 1998) and for the Federal Awards of the City of Livonia (Supplemental Information dated November 30, 1998), the Council does hereby determine to take no further action with respect to this matter A communication from Fraser, Stryker, Vaughn, Meusey, Olson, Boyer & Bloch, attorneys for Nextlink Michigan, Inc , dated June 1, 1999 re responses to issues raised at the Public Meeting of the Committee of the Whole on May 25, 1999, was received and placed on file for the information of Council 31668 Revised route map along Schoolcraft Road and Industrial Road, submitted on June 2, 1999, was received and placed on file for the information of the Council On a motion by Laura, seconded by Brosnan, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 25, 1999, submitted pursuant to Council Resolution 317-99, and 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., and the Council having conducted a Public Hearing with regard to this matter on Wednesday, April 28, 1999, pursuant to Council Resolution 176-99, the Council does hereby deny said Application based upon the failure of the applicant to install its fiber optic cable underground on the Farmington Road portion of the proposed routes and along Five Mile from Farmington Road to Country Club, the Council having determined that these particular locations dictate the desirability of underground as opposed to aerial construction in order to insure and protect the health, safety and welfare of the public, FURTHER, this denial shall be without prejudice to the applicant's right to file an Amended Application A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Brosnan, and Duggan NAYS Walsh, Vandersloot, Pastor and Engebretson The President declared the resolution denied due to lack of majority vote On a motion by Duggan, seconded by Brosnan, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 25, 1999, submitted pursuant to Council Resolution 317-99, and 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 , and the Council having conducted a public hearing with regard to this matter on Wednesday, April 28, 1999, pursuant to Council Resolution 176- 99, the Council does hereby approve said Application and does hereby grant a Telecommunications Permit to Nextlink Michigan, Inc., subject to the following conditions 31669 1 That permittee shall submit engineering plans showing all existing features and the exact proposed location for buried cable within any public right-of-way under the jurisdiction of the City of Livonia prior to the issuance of a construction permit; 2. That appropriate construction bonds in amounts established by the City Engineer shall be posted prior to issuance of a construction permit; 3 That permitee shall pay the annual fees set forth in Council Resolution 112-99 for use of the public rights-of-way and shall further pay any annual fees as recalculated upon completion of the Plante and Moran study currently being conducted, and 4 That permittee shall install underground fiber rather than aerial fiber optic cable on the Farmington Road portions of the proposed route as well as along Six Mile Road being underground, and shall adopt the new route as depicted on the map received on June 2, 1999, by the City Clerk A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Brosnan, and Duggan NAYS Walsh, Vandersloot, Pastor and Engebretson The President declared the resolution denied due to lack of majority vote On a motion by Walsh, seconded by Pastor, it was #374-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 25, 1999, submitted pursuant to Council Resolution 317-99, and 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., and the Council having conducted a public hearing with regard to this matter on Wednesday, April 28, 1999, pursuant to Council Resolution 176- 99, the Council does hereby approve said application and does hereby grant a Telecommunications Permit to Nextlink Michigan, Inc , subject to the following conditions 1 That permittee shall submit engineering plans showing all existing features and the exact proposed location for buried cable within any public right-of-way under the jurisdiction of the City of Livonia prior to the issuance of a construction permit; 31670 2. That appropriate construction bonds in amounts established by the City Engineer shall be posted prior to issuance of a construction permit; 3 That permitee shall pay the annual fees set forth in Council Resolution 112-99 for use of the public rights-of-way and shall further pay any annual fees as recalculated upon completion of the Plante and Moran study currently being conducted, and 4 That the lines to be installed on Six Mile Road must use existing facilities, if overhead wires are present now, then the permittee may install overhead wires, if the existing utility lines are underground now, then the permittee shall install new lines underground A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Pastor and Engebretson NAYS Laura, Brosnan and Duggan The President declared the resolution adopted Tracy Edgerton for Nextlink Michigan, Inc. was present to answer questions Brosnan gave first reading to the following Ordinance AN ORDINANACE AMENDING SECTION 36 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 98-6-1-10) 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 left the podium at 9.25 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 ordinance 31671 AN ORDINANCE AMENDING SECTION 12 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 98-11-1-21) A roll call vote was taken on the foregoing proposed ordinance with the following result: AYES Laura, Brosnan, Walsh, Vandersloot, Duggan, and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Pastor returned to the podium at 9 26 p m On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was. #375-99 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated May 17, 1999, approved for submission by the Mayor, submitted pursuant to Council Resolution 314-99, the Council does hereby approve the proposed specifications and does hereby request that, in accordance with Council Resolution 300-88, the City-owned property located at 35780 W Five Mile Road (Bobby's Country House) be posted with a "For Sale" sign for 30 days prior to taking bids, and that the Director of Finance obtain competitive bids with a minimum purchase price of $900,000 00 accompanied by a deposit in the form of a money order or certified check in the amount of$5,000 00, with such deposit to be subject to forfeiture as liquidated damages in the event of a default, FURTHER, all competitive bids shall thereafter be submitted to Council for its consideration, and the City reserves the right to accept or reject all bids based upon the restaurant experience of any proposed purchaser Pastor left the podium at 9 27 p m due to a conflict of interest on the next Agenda item On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was 31672 #376-99 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 10, 1999, and the report and recommendation of the Chief of Police, dated April 28, 1999, in connection therewith, the Council does hereby recommend approval of the request from the Southland Corporation to add Louis J Yungling as Co- Licensee and drop Nick Canzano as Co-Licensee in the 1998 SDM Licensed business located at 27435 Seven Mile Road, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission Louis J Yungling was present to answer questions Pastor returned to the podium at 9 29 p m A communication from the Department of Law, dated May 27, 1999 re CR 761-95 and CR 579-96, Livonia Towing, Inc , was received and placed on file for the information of Council On a motion by Brosnan, seconded by Walsh, and unanimously adopted, it was #377-99 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 28, 1999, which bears the signature of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, and the report and recommendation from the Department of Law, dated May 17, 1999, approved for submission by the Mayor, submitted pursuant to Council Resolutions 579-96 and 761-95, the Council does hereby concur in the recommendation of the Chief of Police and the Department of Law and hereby authorizes Livonia Towing, Inc , 12955 Levan, Livonia, Michigan 48154, to provide Police towing and storage services for the period November 8, 1998, through November 8, 2000, with charges for the following services rendered for City-owned vehicles and equipment to remain the same as the existing agreement, previously authorized in Council Resolution 761-95 Towing under 5,000 GVWR $10 00 Towing 5,000 to 10,000 GVWR 30 00 Tire change 10 00 Over mileage charge 1 00 per mile 31673 FURTHER, Livonia Towing, Inc , shall abide by the towing and storage rates and fees established in Section 1C) 21 240 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby determine to approve the request to waive the Performance Bond requirement for the reasons indicated in the report and recommendation of the Chief of Police, and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with Livonia Towing, Inc., provided same is approved as to form by the Department of Law; FURTHER, the Council does hereby authorize the action herein 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 On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #378-99 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 28, 1999, which bears the signature of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, with regard to increasing certain towing and storage rates and fees, the Council does hereby refer this subject to the Department of Law to prepare an appropriate Ordinance Amendment to Section 10.21 240 of the Livonia Code Of Ordinances for submission to Council On a motion by Pastor, seconded by Laura, it was #379-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 17, 1999, which bears the signature of the Director of Finance, is approved by the Director of Community Resources and is approved for submission by the Mayor, regarding bids received for the construction of a Maintenance/Recreation Storage Facility at the Police Station and a Truck Scale Facility on Glendale Avenue, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing proposed resolution with the following result: AYES Laura, Walsh, Vandersloot, Pastor, and Duggan NAYS Brosnan and Engebretson The President declared the foregoing resolution adopted 31674 A communication from the Engineering Division dated May 26, 1999, re Maintenance/Recreation Storage Building and Truck Scale Facility Award of Contract 99-J, was received and placed for file for information of the Council On a motion by Brosnan, seconded by Walsh, and unanimously adopted, it was #380-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 3, 1999, approved for submission by the Mayor, regarding the request of Mr John Abbot to investigate a drainage problem at 18290 Myron, the Council does hereby concur in the recommendation contained therein and does hereby authorize the Department of Public Works to take the recommended action to deepen and extend the road ditch from the south to Mr Abbot's property and to install a small diameter culvert across the lot to the south of Mr Abbot's property Duggan left the podium at 9 33 due to a conflict of interest on the next agenda item A communication from Leo Soave Building Company, Inc., dated May 26, 1999 re a revised preliminary plat for Elmira Court Subdivision, was received and placed on file for the information of Council On a motion by Laura, seconded by Pastor, and unanimously adopted, it was #381-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 1999, which transmits its resolution 5-79-99, adopted on May 4, 1999, with regard to the proposed preliminary plat of Elmira Court Subdivision to be located on the south side of Plymouth Road and east of Levan Road between the Elmira Avenue dead-end and Arthur Avenue in the Northeast 1/4 of Section 32, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on May 4, 1999, and as revised in a plan dated May 26, 1999, the Council does hereby approve of the said revised preliminary plat based upon the same conditions as those set forth in the aforesaid Planning Commission action and subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of 31675 such improvements, FURTHER, the Council does hereby waive the open space requirement of the Subdivision Rules and Regulations Duggan returned to the podium at 9 35 p m On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #382-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 1999, which transmits its resolution 5-83-99, adopted on May 4, 1999, with regard to a Sign Permit Application, submitted by Allied Signs, on behalf of Eddie Bauer, requesting approval for exterior signage for one of the stores in the Laurel Park Place Mall located at 37700 Six Mile Road in the Southeast 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 condition That the Sign Package submitted by Allied Signs, as received by the Planning Commission on April 1, 1999, is hereby approved and shall be adhered to A communication from Target Stores, dated May 26, 1999 re Sign Permit Application by Poblocki & Sons (Target Stores), and photos submitted on June 2, 1999, were received and placed on file for the information of Council On a motion by Duggan, seconded by Brosnan, it was #383-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 1999, which transmits its resolution 5-84-99, adopted on May 4, 1999, with regard to a Sign Permit Application, submitted by Poblocki & Sons, on behalf of Target Stores, requesting approval for additional signage for the store located at 30007 Plymouth Road in the Northeast 1/4 of Section 35, 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 Poblocki & Sons, as received by the Planning Commission on April 1, 1999, is hereby approved and shall be adhered to, and 2 That all signage for this store shall not be illuminated beyond one (1) hour after this business closes 31676 A roll call vote was taken on the foregoing resolution with the following result: Imp AYES Laura, Brosnan, Duggan, and Engebretson NAYS Walsh, Vandersloot and Pastor The President declared the resolution adopted Pastor left the podium at 9 39 p m , due to a conflict of interest on the next agenda item On a motion by Laura, seconded by Duggan, and unanimously adopted, it was #384-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 1999, which transmits its resolution 5-74-99, adopted on May 4, 1999, with regard to Petition 99-3- 2-7, submitted by Steak 'n Shake, Inc. requesting waiver use approval to construct a full service restaurant on property located on the east side of Middlebelt Road north of Six Mile Road in the Southwest 1/4 of Section 12, which property is zoned AG and C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 99-3-2-7 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1, Job Number 97-1-32, prepared by Basney & Smith, Inc , dated October 28, 1998, is hereby approved and shall be adhered to, 2 That the Landscape Plan, marked Sheet L-1, Job Number 97-1-32, prepared by Basney & Smith, Inc , dated December 8, 1998, is hereby approved and shall be adhered to, and all planted material shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 3 That the Building Elevation Plan submitted by Steak 'n Shake, dated January 14, 1999, is hereby approved and shall be adhered to, except that the awnings shall be installed only on the front, right side and left side elevations and shall be omitted on the rear elevation, 4 That one wall sign as depicted on the front Elevation Sign Detail marked Design 97, prepared by the Sign Group, Inc , as received by the Planning Commission on May 4, 1999, is hereby approved with a sign area not to exceed 46 square feet; 31677 5 That the Ground Sign Detail, marked Design 97, prepared by the Sign Group, Inc , received by the Planning Commission on April 14, 1999, is hereby approved and shall be adhered to, 6 That the maximum number of customer seats to be provided is 99 seats, 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 enclosure shall be constructed out of the same brick used in the construction of the building, and the enclosure gates, to be constructed of treated wood, shall be maintained and, when not in use, closed at all times, 9 That all light standards shall be shielded and shall not exceed 20 feet in height; 10 That the off-street parking spaces shall be double striped, and 11 That a written document providing evidence of having obtained permission for shared ingress and egress over the adjacent property to the south, running with the land, shall be submitted by the petitioner and reviewed by the Department of Law Pastor returned to the podium at 9 40 p m A communication from Gav Associates, Inc , received on June 2, 1999, re Proposed Site Plan, Sheet# C-1, was received and placed on file for the information of Council (Petition 99-3-8-12) On a motion by Pastor, seconded by Brosnan, it was #385-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 1999, which transmits its resolution 5-81-99 adopted on May 4, 1999, with regard to Petition 99-3-8- 12 submitted by Baki's Unique Homes, requesting site plan approval in connection with a proposal to construct an addition to the commercial building located at 29418 Joy Road in the Southeast 1/4 of Section 35, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation Iry 31678 A roll call vote was taken on the foregoing proposed resolution with the following result: AYES Brosnan, Vandersloot, Pastor, Duggan, and Engebretson NAYS Laura and Walsh The President declared the resolution adopted On a motion by Laura, seconded by Brosnan, it was #386-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 1999, which transmits its resolution 5-77-99, adopted on May 4, 1999, with regard to Petition 99-3- 2-10, submitted by AME Group, Inc on behalf of Livonia Volkswagen, Inc , requesting waiver use approval to construct an addition to the Hyundai car showroom and renovations to the Volkswagen showroom and building located on the south side of Plymouth Road between Stark Road and Laurel Avenue in the Northwest 1/4 of Section 33, which property is zoned C-2, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Brosnan, Walsh, Vandersloot, Pastor, and Engebretson NAYS Duggan The President declared the resolution adopted Harold Stein, representing AME Group, Inc , and John Auffenberg of Livonia Volkswagen, were present to answer questions On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #387-99 RESOLVED, that the Council does hereby refer to the Engineering Division for its report and recommendation the subject of ingress and egress onto Stark Road to limit or prevent truck traffic. A communication from the Engineering Division, dated May 21, 1999, re Oporto and Norfolk Special Assessment District Paving Project, was received and placed on file for the information of Council �rr 31679 Communications from Attorney Mark E Crane, dated May 21, 1999 and May 25, 1999 re Oporto Avenue Barricade, were received and placed on file for the information of Council On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #388-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 9, 1999, approved for submission by the Mayor, with respect to the 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, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation A communication from the Department of Law, dated May 27, 1999 re General Motors Application for Industrial Facilities Exemption Certificate, was received and placed on file for the information of Council On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was #389-99 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 No 2, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded General Motors Corporation, GM Powertrain - Livonia Operations, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said Hearing having in fact been conducted at 7 00 p m , 31680 Monday, May 17, 1999, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, General Motors Corporation, GM Powertrain - Livonia Operations, finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from General Motors Corporation, GM Powertrain - Livonia Operations covering new industrial facilities to be located within the City of Livonia Industrial Development District No 2, for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the Applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facilities Exemption Certificates Duggan left the podium at 10 03 p m , due to a conflict of interest on the next agenda item On a motion by Laura, seconded by Pastor, and unanimously adopted, it was #390-99 RESOLVED, that having considered a communication from the City Planning Commission, dated March 24, 1999, which sets forth its resolution 3-50-99 adopted on March 23, 1999, with regard to 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 31681 24, from RUF to R-2, and the Council having conducted a Public Hearing with regard to this matter on May 17, 1999, pursuant to Council Resolution 210-99, the Council does hereby approve Petition 98-12-1-23 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 Pastor, seconded by Laura, and unanimously adopted, it was #391-99 RESOLVED, that having considered a communication from the City Planning Commission, dated March 24, 1999, which sets forth its resolution 3-50-99 adopted on March 23, 1999, with regard to 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, and the Council having conducted a Public Hearing with regard to this matter on May 17, 1999, pursuant to Council Resolution 210-99, the Council does hereby refer the matter of the storm water drainage in the subject area to the Engineering Division for its report and recommendation On a motion by Laura, seconded by Pastor, and unanimously adopted, it was #392-99 RESOLVED, that having considered a communication from the City Planning Commission, dated March 24, 1999, which sets forth its resolution 3-48-99 adopted on March 23, 1999, with regard to 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, and the Council having conducted a Public Hearing with regard to this matter on May 17, 1999, pursuant to Council Resolution 210-99, the Council does hereby approve Petition 99-2-1-2 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 31682 On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #393-99 RESOLVED, that having considered a communication from the City Planning Commission, dated March 24, 1999, which sets forth its resolution 3-48-99 adopted on March 23, 1999, with regard to 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, and the Council having conducted a Public Hearing with regard to this matter on May 17, 1999, pursuant to Council Resolution 210-99, the Council does hereby refer the matter of storm water drainage in the subject area to the Engineering Division for its report and recommendation Duggan returned to the podium at 10 07 p m On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #394-99 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 Pastor left the podium at 10 08 p m because of a conflict of interest on the next Agenda item On a motion by Brosnan, seconded by Duggan and unanimously adopted, it was #395-99 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 27, 1999, and the report and recommendation of the Chief of Police, dated May 28, 1999, approved for submission by the Mayor, the Council does hereby approve of the request from Buca, Inc (A Minnesota Corporation) for transfer of ownership of a 1995 Class C Licensed business (in escrow) from Jamie's Enterprises, Inc , for a business located at 38888 Six Mile Road, Livonia, Michigan, Wayne County, to transfer location from 29703 W Seven Mile, Livonia, Michigan, Wayne County to 38888 Six Mile Road, cancel existing Dance-Entertainment Permit and request a new Official Permit (Food), and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission 31683 Pastor returned to the podium at 10 10 p m There was no audience communication at the end of the meeting Councilmember Duggan congratulated Livonia Observer reporter Matt Yachman on the recent birth of his daughter, Sophia. On a motion by Duggan, seconded by Brosnan, and unanimously adopted, this 1,394rd Regular Meeting of the Council of the City of Livonia was adjourned at 1012 pm , June 2, 1999 9,04t. Jean McCotter, City Clerk