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HomeMy WebLinkAboutCOUNCIL MINUTES 1998-11-18 31317 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND EIGHTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 18, 1998, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Duggan delivered the invocation Roll was called with the following result: Brian Duggan, Joe Laura, Maureen Miller Brosnan, John R Pastor, and Jack Engebretson Absent: John J Walsh and Val I Vandersloot. Elected and appointed officials present: Jack E Kirksey, Mayor; John Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen A. Szymula, Director of Legislative Affairs, Ronald Reinke, Superintendent of Parks and Recreation, Linda McCann, Director of Community Resources, Jim Inglis, Director of the Housing Commission, Jeff Bryant, Economic Development Manager; and Michael Deller, City Librarian On a motion by Duggan, seconded by Brosnan, and unanimously adopted, * it was #850-98 RESOLVED, that the minutes of the 1,380th Regular Meeting of the Council of the City of Livonia, held November 4, 1998, are hereby approved as submitted *Councilmember Laura abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was 31318 #851-98 RESOLVED, that the minutes of the 235`" Special Meeting of the Council of the City of Livonia, held November 9, 1998, are hereby approved as submitted No one from the audience wished to speak during the audience communication portion of the meeting Councilmember Pastor reminded the viewing audience that this Saturday, November 21, 1998, is the Holiday Parade The parade will commence at 9 00 a m at Merriman and Plymouth Roads, ending up at Wonderland Mall on Middlebelt and Plymouth Roads Councilmember Brosnan also announced that this weekend is the YMCA auction that will be held on Friday at 5 30 p m at Burton Manor She noted that only about ten tickets were remaining and that many good items/trips were up for auction President Engebretson announced the presence of Boy Scout Troop 270, from Rosedale Gardens, in the audience Troop Leader Steve Boyce stated there are about 45 boys in their troop, and those present were working on merit badges A review of the procedures that will take place with respect to the Council appointment to fill the unexpired term of the City Treasurer was explained by Councilmember Brosnan She also stated that those interested in applying could obtain a copy of this information from the City Council Office A communication from the Engineering Division, dated November 16, 1998, re status of the Whispering Pines Site Condominium Subdivision and restoration work in Sheffield Estates Subdivision was received and placed on file for the information of the Council (CR 786-98) On a motion by Duggan, seconded by Pastor, it was #852-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated October 19, 1998, which bears the signature of the Director of Finance, is reviewed by the City Attorney and approved for submission by the Mayor, the Council does hereby accept the proposal submitted by Play Environments, Inc , 563 College Avenue, Holland, Michigan 49423, in the amount of$82,757 00 for supplying the Department of Parks and Recreation with playground equipment for Bicentennial Park and Rotary Park, FURTHER, the Council does hereby authorize the expenditure of the sum of$82,757 00 from funds already budgeted in Account No 101- 707-974-000 for this purpose, FURTHER, the Council does hereby 31319 authorize the purchase of said items 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 #853-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated October 23, 1998, which bears the signature of the Director of Finance, is reviewed by the City Attorney and Director of Public Works and approved for submission by the Mayor, with respect to a proposed extension of the Lease Agreement with the Livonia Hockey Association for the Devonaire Arena, the Council does hereby refer this matter to the Capital Improvement Committee for its report and recommendation A communication from the Department of Parks and Recreation, dated October 26, 1998, re administrative response to CR 155-97 — subject of 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 #854-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated October 26, 1998, which bears the signature of the Director of Finance, is reviewed by the City Attorney and approved for submission by the Mayor, concerning the subject of the feasibility of building an all-season indoor sports complex to be paid for by user fees, the Council does hereby determine to take no further action with respect to this matter #855-98 RESOLVED, that having considered the report and recommendation of the Chairman of the Cable Television Commission, dated October 22, 1998, which bears the signature of the Director of Finance, is approved by the Director of Public Works and the Director of Community Resources and is approved for submission by the Mayor, the Council does hereby accept the bid of BAF Communications Corp , 314 Northstar Ct., Sanford, Florida 32771, in the total amount of $207,665 00 for supplying the Community Resources department with a cable TV video production truck, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $207,665 00 from funds already budgeted for this purpose in Account No 297-751-985-000 #856-98 RESOLVED, that having considered the report and recommendation of the Chairman of the Cable Television Commission, dated October 29, 1998, which bears the signature of the Director of 31320 Finance, is approved by the Director of Community Resources and is approved for submission by the Mayor, requesting authorization for the expenditure of additional funds to utilize the current consultants previously retained, pursuant to Council Resolution 528-97, for assisting the City in negotiations for a new cable television franchise with Time-Warner, the Council does hereby authorize the expenditure of a sum not to exceed $70,000 00 for consulting services provided by the law firm of Varnum, Riddering, Schmidt and Howlett, LLP, Bridgewater Place, P 0 Box 352, Grand Rapids, Michigan 49501-0352, and the firm of Rice, Williams Associates, 601 Pennsylvania Avenue, N W , Suite 900, Washington, D C 20004, from funds already budgeted for this purpose in Account No 297- 751-818-005 #857-98 RESOLVED, that having considered a communication from the Director of the Housing Commission and the City Attorney, dated October 9, 1998, approved for submission by the Mayor, to which is attached a proposed lease agreement between the City of Livonia and Nextel Communications, Inc for the lease of City-owned property consisting of a portion of McNamara Towers No 1 roof area for a five-year period with three successive five-year renewal periods for a monthly rate of$1,000 00 with such monthly rental to increase by four (4%) percent per year in connection with the installation of communications panels on the penthouse of McNamara Towers No 1 by Nextel Communications, Inc , the Council does hereby authorize the Executive Director of the Housing Commission, for and on behalf of the City of Livonia, to execute the attached agreement in the manner and form herein submitted, as well as to do all things necessary or incidental to the full performance of this resolution, provided, FURTHER, that the proceeds of such lease shall be for Housing Commission purposes #858-98 RESOLVED, that having considered the report and recommendation of the Housing Director, dated October 14, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein the Housing Commission has recommended the following rental increases to become effective December 1, 1998, with respect to the City-owned scattered site properties as follows Current Proposed 2 Bedroom $245 $255 29149 Morlock 20121 Floral 27545 Long 11683 Cardwell 31321 3 Bedroom $330 $340 11910 Cardwell 21411 Arcola 31220 Hathaway 19941 Deering 9880 Harrison 11784 Arcola 33916 Five Mile 4 Bedroom $395 $405 20120 Deering The above rents exclude utilities the Council does hereby concur in and approve of the recommended action A communication from the Livonia Housing Commission, dated October 19, 1998, re Notice of Intent to enter into contract with the U S Department of Housing and Urban Development (HUD), Comprehensive Improvement Assistance Program (CIAP), Modernization Project No Ml28-P055-909-98, was received and placed on file for the information of the Council #859-98 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated October 22, 1998, approved for submission by the Mayor, regarding the establishment of a fee schedule for Advanced Life Support (ALS) Ambulance Services for the City of Livonia, the Council does hereby adopt the following rates for Advanced Life Support transports Residents $360 00 Non-residents $500 00 Mileage $ 5 00 per mile FURTHER, the Council does hereby establish the following rates for miscellaneous charges for Basic Life Support transports (in a manner similar to that previously adopted in Council Resolution 639-96) $ 50 00 for defibrillator patches $ 75 00 for comitube when applied to a patient $ 25 00 for the use of oxygen El $300 00 for extricating trapped patients when tools are necessary $ 25 00 for cervical collars 31322 $ 35 00 for disposable bag masks $ 35 00 per year for subscription plan (This annual prepayment would entitle any subscriber or member of the subscriber's family residing at home to be transported to an area hospital by Livonia Fire & Rescue, their insurance would be accepted as full payment; uninsured subscribers would not be billed beyond fee, service would be limited to emergency transports but would not extend to nursing homes or inter-hospital transports ) #860-98 RESOLVED, that having considered a communication from the Department of Law, dated October 23, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, submitted pursuant to Council Resolution 316-88, and transmitting for Council acceptance a Quit Claim Deed executed by Tony Naurato and Lidia Veri, co-partners in Stamford Plaza, conveying to the City certain property described as follows The North 53 feet of the West 247 47 feet of the following described parcel Part of the Northeast 1/4 of Section 9, T 1 S , R 9E , described as commencing at N 1/4 corner of said Sec 9 thence S 89D 33M 46S E 1072 79 ft along N line Sec 9 to the NE corner of Heiman Park Subdivision, as recorded in Liber 75, Page 52 of Wayne County Records, thence continuing S 89D 33M 46S E 277 47 ft along N line Sec 9 th S OOD 06M 44S W 53 0 ft to NW corner of Lot 1 and the E line vacated Stamford Ave 60 0 ft wide Seven Mile Super Highway Subdivision, as recorded in Liber 53, Page 50, Wayne County Records, thence S OOD 06M 44S W 220 0 ft to SW corner Lot 480 th N 89D 33M 46S W 277 35 ft to E line Heiman Park Subdivision thence N OOD 05M 10S E 273 0 ft along E line Helman Park Subdivision to NE corner and the POB 1 7836 AC, subject to easements of record Also Lots 1-6 inclusive and 1/2 of a 20 0 ft wide vacated alley at rear and Lot 481 and the S 1/2 of a 20 0 ft wide vacated alley and Lot 480 of Seven Mile Super Highway L53 P50, WCR the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deed, 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, including the acquisition of title insurance vis-a-vis the referenced property, FURTHER, the Council does hereby appropriate and authorize a sum not to exceed $200 00 from the $12 Million General Obligation Road Bond Issue for this purpose, and FURTHER, that the Mayor and City Clerk are authorized to execute a Quit Claim Deed conveying the North 53 feet of the above-described property to the County of Wayne in a 31323 form to be approved by the Department of Law; FURTHER, the Council having considered a communication from the Director of Finance, City Attorney, Mayor and City Engineer to the Stamford Plaza Partnership, dated October 9, 1998, does hereby approve the agreement with Stamford Plaza Partnership wherein the City will pay for a private sprinkler/landscaping company to ensure that proper measures are taken during construction in 1999 to maintain the sprinkler system in working condition for all undisturbed areas and to repair and replace all sprinkler hoses and fittings, sod, and landscaping after construction is completed, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $1,000 00 from the $12 Million General Obligation Road Bond Issue for this purpose A communication from the Department of Law, dated October 28, 1998, re administrative response to CR 757-98 — status of Ardmore Acres, Inc. located at 19810 Farmington Road —was received and placed on file for the information of the Council #861-98 RESOLVED, that having considered a communication from the City Planning Commission, dated October 20, 1998, approved for submission by the Mayor, which transmits its resolution 10-175-98 adopted on October 13, 1998, with regard to Petition 98-10-8-32 submitted by Livonia Chrysler-Plymouth Jeep, Inc., requesting site plan approval in connection with a proposal to construct a parking lot on property located at 30495 Plymouth Road in the Northwest 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 concur in the recommendation of the Planning Commission and Petition 98-10-8-32 is hereby approved and granted, subject to the following conditions 1) That the Site Plan marked Sheet C-1 prepared by Livonia Chrysler Plymouth, as received by the Planning Commission on October 12, 1998, is hereby approved and shall be adhered to, 2) That the Landscape Plan marked Sheet C-2 prepared by Livonia Chrysler Plymouth, as received by the Planning Commission on October 12, 1998, is hereby approved and shall be adhered to, 3) That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4) That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the 31324 satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5) That overnight parking of vehicles on this site shall be prohibited, two and 6) That no signage is approved with this petition All such signage shall be separately submitted for review and approval by the Planning Commission and City Council #862-98 RESOLVED, that having considered a communication dated October 28, 1998, from Michael R. Carson and Jacqueline M Reeves, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on October 27, 1998, by the City Planning Commission in its resolution 10-188-98 with regard to the Satellite Dish Antenna Application submitted by Michael Carson requesting approval for the installation of a satellite dish antenna for property located at 14855 Santa Anita Avenue in the Northeast % of Section 24, the Council does hereby designate Wednesday, January 6, 1999, at 7 00 p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No 543, as amended, the Zoning Ordinance of the City of Livonia #863-98 RESOLVED, that having considered a communication from Charles G Tangora of Brashear, Tangora and Spence, LLP, dated October 29, 1998, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on October 27, 1998, by the City Planning Commission in its resolution 10-180-98 with regard to Petition 98-8-2-16 submitted by Dale T Culver d b a Culver Custom Homes requesting waiver use approval to construct a detached condominium project on property located on the north side of Schoolcraft Road between Park Avenue and Fairway Drive in the Southeast 1/4 of Section 20, which property is zoned R-2, the Council does hereby designate Wednesday, January 6, 1999, at 7 00 p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance 31325 with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia yFy: A roll call vote was taken on the foregoing resolutions with the following result. L. AYES Duggan, Laura, Brosnan, Pastor, and Engebretson NAYS None On a motion Brosnan, seconded by Duggan, and unanimously adopted, it was #864-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 27, 1998, submitted pursuant to Council Resolution 665-98, and a communication from the City Planning Commission, dated July 27, 1998, which transmits its resolution 7-111-98, adopted on July 14, 1998, with regard to Petition 98-6-2-11, submitted by Mt. Hope Memorial Gardens requesting waiver use approval to erect a 6,800 sq ft. mausoleum within Mt. Hope Memorial Gardens located on the east side of Middlebelt Road between Six Mile Road and Pickford Avenue in the Southwest ' of Section 12, which property is zoned AG, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 98- 6-2-11 is hereby approved and granted, subject to the following conditions 1 That the mausoleum location shown on the Zoning and Boundary Plan received by the Planning Department on June 22, 1998, prepared by Brian Geer of Mannik & Smith, Inc , which is hereby approved, shall be adhered to, 2 That the Site Plan received by the Planning Department on June 22, 1998, prepared by Brian Geer of Mannik & Smith, Inc., which is hereby approved, shall be adhered to, 3 That the Building Elevation Plans marked Sheets AR4 and AR5 received by the Planning Department on July 9, 1998, as revised, prepared by Baker, Bednar & Associates, Inc , which are hereby approved, shall be adhered to, 4 That the Landscape Plan marked AS2 received by the Planning Department on July 9, 1998, prepared by Baker, Bednar & Associates, Inc , is hereby approved and shall be adhered to, and shall be installed prior to final inspection and thereafter permanently maintained in a healthy condition, 31326 5 That all roof top mechanical units shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 6 That the gate at the south end of the maintenance building shall be replaced, and 7 That the existing gravel area adjacent to the drive located to the east of the maintenance building will be paved A communication from Mannik & Smith, Inc , dated November 16, 1998, re. bid for the new gate and the split face block to be used with regard to Petition 98-6- 2-11 (Mt. Hope Memorial Gardens) was received and placed on file for the information of the Council. On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was. #865-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 27, 1998, submitted pursuant to Council Resolution 695-98, a letter from the Michigan Liquor Control Commission, dated May 11, 1998, and a report and recommendation from the Chief of Police, dated August 18, 1998, approved for submission by the Mayor, the Council does hereby approve of the request from Tweeny's Market, Inc. for transfer of ownership of a 1998 SDD-SDM licensed business from Tweeny's Pizza & Liquor, Inc for a business located at 19191 Merriman, 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 On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #866-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 27, 1998, submitted pursuant to Council Resolution 656-98, and a communication from the City Planning Commission, dated August 6, 1998, which transmits its resolution 7-123-98 adopted on July 28, 1998, with regard to Petition 98-7-8-22 submitted by Terry Welker on behalf of Eternal Tattoos, requesting site plan approval in connection with a proposal to construct an 31327 addition to the existing commercial building located at 27590 Plymouth Road in the Southeast 1/4 of Section 25, 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 98-7-8-22 is hereby approved and granted, subject to the following conditions 1 That the Site Plan submitted by Terry Welker, as received by the Planning Commission on June 19, 1998, is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plan submitted by Terry Welker, as received by the Planning Commission on June 19, 1998, is hereby approved and shall be adhered to, 3 That the building materials of the new addition shall match the building materials of the existing building so that upon completion the entire structure shall look as if it were constructed at one time, 4 That the petitioner shall meet to the Inspection Department's satisfaction the following requirements as outlined in the correspondence dated July 21, 1998 a that the landscaping in the right-of-way and around the monument sign shall be completed, b that the existing dumpster shall be relocated and screened with cement block; c that the parking lot shall be re-striped with double striping, and d that the rear wall of the addition shall be of fireproof construction with no windows or openings On a motion by Laura, seconded by Duggan, and unanimously adopted, it was. #867-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated October 28, 1998, submitted pursuant to Council Resolution 634-98, and a communication from the City Planning Commission, dated September 16, 1998, which transmits its resolution 9-145-98 adopted on September 15, 1998, with regard to Petition 98-7-3-4, submitted by Cliff M Alcantara, requesting the vacating of a certain portion of the Harrison Avenue right- 31328 of-way located north of Six Mile Road adjacent to 28046 Six Mile Road, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 98-7- 3-4, subject to the retention of a full width easement to protect existing public utilities, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution On a motion by Laura, seconded by Duggan, and unanimously adopted, it was #868-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated October 28, 1998, submitted pursuant to Council Resolution 634-98, and a communication from the City Planning Commission, dated September 16, 1998, which transmits its resolution 9-145-98 adopted on September 15, 1998, with regard to Petition 98-7-3-4, submitted by Cliff M Alcantara, requesting the vacating of a certain portion of the Harrison Avenue right- of-way located north of Six Mile Road adjacent to 28046 Six Mile Road, the Council does hereby refer the matter of establishing a fee structure to recoup the administrative costs of vacating easements to the Department of Law for its report and recommendation On a motion by Laura, seconded by Pastor, and unanimously adopted, it was #869-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated October 28, 1998, submitted pursuant to Council Resolution 636-98, with regard to Petition 98-7-3-5, submitted by William and Lisa Flinchum, dated July 21, 1998, wherein a request is submitted for the vacating of a certain portion of the Oporto Avenue right-of-way adjacent to the property located at 30063 Morlock, the Council does hereby determine to take no further action with respect to this matter A Progress Report on the Pavement Management System for the City of Livonia, prepared by Toby Crow, ERES, dated October 27, 1998, was received and placed on file for the information of the Council (CR 600-90 and CR 786-97) On a motion by Laura, seconded by Pastor, and unanimously adopted, it was 31329 #870-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated October 28, 1998, submitted pursuant to Council Resolutions 600-90 and 786-97, regarding the topic of establishing a program for street replacement and/or repair, the Council does hereby refer the matter of an analysis for alternative financing for roads to the Department of Public Works and the Department of Finance, such report and recommendation to be completed prior to the Streets, Roads and Plats Committee meeting of January 26, 1999 On a motion by Laura, seconded by Pastor, and unanimously adopted, it was. #871-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated October 28, 1998, submitted pursuant to Council Resolutions 600-90 and 786-97, regarding the topic of establishing a program for street replacement and/or repair, the Council does hereby refer the matter of alternative financing for roads to the administration to prepare a report to the public for release in or about February, 1999 At the direction of the Chair, the next Agenda item pertaining to the subject of the site plan review of curb cuts and driveways only with respect to the lot split requested by Kim Haveraneck for Tax Item No 46-047-99-0001-000, located north of Six Mile and east of Middlebelt, for property located at 18120 Middlebelt, was rescheduled to the Regular Meeting of December 7, 1998 (CR 764-98) A communication from Kim Haveraneck, dated November 10, 1998, requesting a postponement of the review of the site plan with respect to property located at 18120 Middlebelt was received and placed on file for the information of the Council (CR 764-98) On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #872-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated October 28, 1998, submitted pursuant to Council Resolution 781-97, and a communication from the City Planning Commission, dated January 28, 1998, which sets forth its resolution 1-10-98 adopted on January 27, 1998, with regard to Petition 97-12-6-8, submitted by the City Planning 31330 Commission, pursuant to Council Resolution 518-97, to determine whether or not to amend the RUF district and to add a new zoning district to be known as SE (Suburban Estates) for the purpose of providing for the preservation of larger residential lots, and the Council having conducted a public hearing with regard to this matter on March 30, 1998, pursuant to Council Resolution 115-98, the Council does hereby determine to take no further action with respect to this matter On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #873-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 2, 1998, submitted pursuant to Council Resolution 769-98, and a communication from the City Planning Commission, dated September 16, 1998, which transmits its resolution 9-142-98, adopted on September 15, 1998, with regard to Petition 98-8-2-15, submitted by Michael Palazzolo requesting waiver use approval to construct a car repair facility on property located on the south side of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 98-8-2-15 is hereby approved and granted, subject to the following conditions 1 That the Site Plan, as revised, marked Sheet 1 of 2 prepared by ARC Design Services, Inc , dated November 11, 1998, is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plan, as revised, marked Sheet 2 of 2 prepared by ARC Design Services, Inc , dated November 11, 1998, is hereby approved and shall be adhered to, 3 That the landscaping shown on the Site Plan is hereby approved except that the number of evergreen trees in the area immediately south of the rear parking lot shall be increased from four to eight trees, and all plant materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That all disturbed lawn areas, both on-site and between the site and roadway in the Plymouth Road right-of-way, shall be sodded in lieu of hydroseeding, 31331 5 That the dumpster enclosure shall be in accordance with the detail on the Site Plan, and the gates shall be maintained and, when not in use, closed at all times, 6 That all light fixtures as shown on the Site Plan details shall be shielded from adjacent properties, and all light standards shall not exceed 20 feet in height; 7 That the Ground Sign shown on the Site Plan detail is hereby approved, 8 That the Wall Sign shown on the revised Exterior Building Elevation Plan, dated November 11, 1998, is hereby approved, 9 That there shall be no overnight outdoor parking or storage of vehicles on the site, and 10 That any references in the Building Elevation Plans to brick veneer shall mean full-face 4" brick. Mike Palazzolo, 31900 Utica Road, Fraser, MI —was present to answer Council questions A communication from Walter J Smerecki, tax collector for the Treasurer's Office, dated October 30, 1998, re payment history of The Brake Shop, located at 11729 Merriman, was received and placed on file for the information of the Council (CR 769-98) The new Building Elevation Plan, revised November 2, 1998, re illustrating new building materials with respect to Petition 98-8-2-15 was received and placed on file for the information of the Council (CR 769-98) A communication from Michael Palazzolo, The Brake Shop, dated November 17, 1998, re the revised plans dated November 11, 1998, with respect to Petition 98-8-2-15 was received and placed on file for the information of the Council On a motion by Pastor, seconded by Duggan, and unanimously adopted, I it was 31332 #874-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 2, 1998, submitted pursuant to Council Resolution 828-97, and a letter from the Michigan Liquor Control Commission, dated May 13, 1997, and a report and recommendation from the Chief of Police, dated September 17, 1997, approved for submission by the Mayor, regarding a request from Am, Inc for a new Outdoor Service Permit to be held in conjunction with a 1997 Class C licensed business with Dance-Entertainment Permit located at 11791 Farmington Road, Livonia, Michigan 48150, Wayne County, the Council does hereby determine to take no further action with respect to this matter Laura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 25 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 98-6-1-9) 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 Laura invoked the Emergency Clause and gave second reading to the foregoing Ordinance Marvin Walkon, the petitioner, thanked everyone who spent time on the Millennium Park project. Mayor Kirksey expressed gratitude to the principals of Millennium Park and spoke to Ladbroke as having been a good corporate citizen in Livonia for almost 50 years Council President Engebretson relinquished the Chair at 8 45 p m to Councilmember Brosnan to speak to how Millennium Park came about and the need to remember the people at Ladbroke who lost their jobs A roll call vote was then taken thereon with the following result: AYES Duggan, Laura, Engebretson, Pastor, and Brosnan NAYS None 31333 Councilmember Brosnan declared the foregoing Ordinance duly adopted, and would become effective on publication The President resumed the Chair at 8 53 p m On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #875-98 RESOLVED, that having considered a communication from the City Assessor, dated October 12, 1998, approved for submission by the Mayor, with regard to a request from Craig Nosel, 32304 Wisconsin, Livonia, Michigan 48150, to divide Tax Item No 46-041-01-0050-000 into three (3) parcels, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #876-98 RESOLVED, that having considered a communication from the City Assessor, dated October 12, 1998, approved for submission by the Mayor, with regard to a request from James Baker, 35564 Schoolcraft, Livonia, Michigan 48150, to divide Tax Item No 46-080-99-0010-000 into two (2) parcels, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A communication from James Baker, 35564 Schoolcraft, Livonia, Michigan 48150, dated November 12, 1998, re intended use for the requested lot split at 35564 Schoolcraft Road was received and placed on file for the information of the Council A communication from the Department of Law, dated November 2, 1998, re administrative response to CR 691-98 — appraisal for the possible sale of City- owned property located at 12313 Stark Road —was received and placed on file for the information of the Council On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was 31334 #877-98 RESOLVED, that having considered the report and recommendation of the Department of Law, dated November 2, 1998, approved for submission by the Mayor, submitted pursuant to Council taw Resolution 691-98, the Council does hereby request that, in accordance with Council Resolution 300-88, the City-owned property located at 12313 Stark Road ( 35 acres, Sidwell No 111-99-0005-001) 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$48,000 00 (with no restrictive covenants) 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 $500 00, whichever is greater, and in the event of a default, the deposit is subject to forfeiture or liquidated damages, and all competitive bids shall thereafter be submitted to the Council for consideration On a motion by Duggan, seconded by Laura, and unanimously adopted, it was. #878-98 RESOLVED, that having considered a request from Councilmember Brian Duggan, the Council does hereby refer the subject of the formation of a City policy of payment for appraisals relative to the sale of City-owned property to the Legislative Committee for its report and recommendation On a motion by Brosnan, seconded by Laura, it was #879-98 RESOLVED, that having considered a communication from the City Planning Commission, dated October 16, 1998, which transmits its resolution 10-173-98, adopted on October 13, 1998, with regard to a Sign Permit Application submitted by Collins Signs, on behalf of AmeriSuites, requesting approval to erect wall signage for the hotel located at 19300 Haggerty Road in the Southwest 1/4 of Section 6, 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 Collins Signs, as received by the Planning Commission on September 22, 1998, is hereby approved and shall be adhered to, except for the fact that the signage for the north and south elevations shall only read "AmeriSuites" and not include the graphic "A", and 2 That any additional signage shall come back before the Planning Commission and City Council for their review and approval 31335 A roll call vote was taken on the foregoing resolution with the following result. AYES Duggan, Laura, Brosnan, and Engebretson NAYS Pastor The President declared the resolution adopted Duggan left the podium at 8 58 p m due to a conflict of interest with respect to the next agenda item On a motion by Laura, seconded by Pastor, it was #880-98 RESOLVED, that having considered a communication from the City Planning Commission, dated October 21, 1998, which transmits its resolution 10-177-98 adopted on October 13, 1998, with regard to the Subdivision Entrance Marker and Landscape Plan in connection with Cross Winds Estates Subdivision located on the west side of Farmington Road between Seven Mile Road and Norfolk Avenue in the Northeast 1/4 of Section 4, the Council does hereby concur in the recommendation of the Planning Commission and the Subdivision Entrance Marker and Landscape Plan are hereby approved and granted, subject to the following conditions 1 That the Landscape and Entrance Marker Plan, as received by the Planning Commission on September 28, 1998, is hereby approved and shall be adhered to, 2 That the brick used in the construction of the sign shall be full-face four (4") inch brick, no exceptions, and 3 That this approval is subject to the applicant being granted a variance by the Zoning Board of Appeals for deficient setback and any conditions related thereto A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Brosnan, Pastor, and Engebretson NAYS None The President declared the resolution adopted Duggan returned to the podium at 8 59 p m 3133, On a motion by Laura, seconded by Pastor, and unanimously adopted, it was #881-98 RESOLVED, that having considered a communication from the City Planning Commission, dated October 16, 1998, which transmits its resolution 10-172-98, adopted on October 13, 1998, with regard to Petition 98-9-2-20, submitted by Buca di Beppo requesting waiver use approval to construct a full service restaurant on property located on the north side of Six Mile Road between the 1-275 Expressway and Fox Drive in the Southwest % of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 98-9-2-20 is hereby approved and granted (except that condition #4 regarding the Exterior Elevations Plan shall not be approved at this time, and shall be reviewed at a later date by the City Council), subject to the following conditions 1 That the Site Plan marked Sheet 1 of 2 of Job No 98072 prepared by Arpee/Donnan, Inc , with a revision date of September 23, 1998, is hereby approved and shall be adhered to, 2 That the Landscape Plan of Job No 98072 prepared by Arpee/Donnan, Inc , with a revision date of October 5, 1998, is hereby approved and shall be adhered to, 3 That the maximum number of customer seats to be provided is 246 seats, 4 That the Exterior Elevations Plan marked Sheet A6 1 prepared by Shea Architects, Inc., dated October 9, 1998, is hereby approved and shall be adhered to, except that the brick wainscot shown on portion of the east, north and west elevations of the building shall be 6 feet in height above grade level (rather than 4 feet as shown on the plan), 5 That the brick used in the construction of the building shall be full- face four (4") inch brick, no exceptions, 6 That screening for roof top mechanical units shall be provided as shown on the Roof Plan marked Sheet L1 1 prepared by Shea Architects, Inc , dated September 16, 1998, and shall consist of 5 foot high parapet walls and 5 foot high screen walls that will enclose and conceal these units, 7 That the wall signage shown on the Wall Sign Plan marked Sheet 1 of 2 of Job No 98948 prepared by Federal Sign Corporation, with a 31337 revision date of September 25, 1998, is hereby approved and shall 8 be adhered to, That the ground signage shown on the Ground Sign Plan marked Sheet 2 of 2 of Job No 98948 prepared by Federal Sign Corporation, dated September 22, 1998, is hereby approved and shall be adhered to, 9 That all signage for this restaurant shall not be illuminated beyond one hour after closing, 10 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, and 11 That the elimination of the required protective wall along the westerly property line is subject to the Zoning Board of Appeals granting a waiver of the wall requirement. Loretta Reeves, 3253 Mountain View Road, Lenoir City, Tennessee, representing Buca di Beppo, spoke to the building elevations A communication from Arpee/Donnan Inc., dated November 13, 1998, re proposed retaining wall between the Union Cemetery and Buca di Beppo restaurant was received and placed on file for the information of the Council A communication from John B Carlin, Jr , Plunkett & Cooney, dated November 13, 1998, re additional information with respect to Petition 98-9-2-20 (Buca di Beppo) was received and placed on file for the information of the Council A communication from the Historic Preservation Commission, dated November 15, 1998, re indicating their approval of the revised site plan with respect to the Buca di Beppo restaurant (Petition 98-9-2-20) was received and placed on file for the information of the Council The Landscape Plan prepared by Arpee/Donnan Inc., as revised on November 9, 1998, re Buca di Beppo restaurant was received and placed on file for the information of the Council 31333 On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #882-98 RESOLVED, that having considered a communication from the City Planning Commission, dated October 20, 1998, which transmits its resolution 10-174-98 adopted on October 13, 1998, with regard to Petition 98-10-8-31 submitted by Jerry R. Brady, Sr , on behalf of Arbor Drugs, requesting site plan approval in connection with a proposal to construct a commercial building on property located at 33400 Six Mile Road in the Southeast 1/4 of Section 9, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, as well as a subsequent communication from Brady & Co Ltd , dated November 18, 1998, withdrawing their request for site plan approval, the Council does hereby determine to take no further action with respect to this matter A communication from Brady & Co Ltd , dated November 18, 1998, re withdrawing their request for site plan approval to construct an Arbor Drugs store at 33400 Six Mile Road (Petition 98-10-8-31) was received and placed on file for the information of the Council On a motion by Laura, seconded by Duggan, and unanimously adopted, it was #883-98 RESOLVED, that having considered a communication from the City Planning Commission, dated October 30, 1998, which transmits its resolution 10-185-98 adopted on October 27, 1998, with regard to Petition 98-10-8-33 submitted by River Pines Development, Inc., requesting approval of the Master Deed, bylaws and site plan in connection with a proposal to construct the River Pines Site Condominiums on property located at 34825 Seven Mile Road in the Northwest % of Section 9, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation A communication from the Director of Legislative Affairs, dated November 18, 1998, re Petition 98-10-8-33 by River Pines Development, Inc , was received and placed on file for the information of the Council 31339 A communication from the Department of Law, dated November 16, 1998, re size and brick restrictions for recently approved and pending condominium site plans/master deeds was received and placed on file for the information of the Council (Petition 98-10-8-33) On a motion by Laura, seconded by Duggan, and unanimously adopted, it was #884-98 RESOLVED, that having considered a communication from the City Planning Commission, dated September 30, 1998, which transmits its resolution 9-161-98, adopted on September 29, 1998, with regard to Petition 98-9-8-28 submitted by William Ditzhazy, requesting Master Deed, bylaws and site plan approval in connection with a proposal to construct the Laurel Village Site Condominiums on property located at 18981 Laurel Road in the Northwest % of Section 9, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, 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 November 16, 1998, re size and brick restrictions for recently approved and pending condominium site plans/master deeds was received and placed on file for the information of the Council (Petition 98-9-8-28 — Laurel Village Site Condominiums) A resolution from the Zoning Board of Appeals' meeting of November 17, 1998, re denying the request for a variance (deficient lot area) for William Ditzhazy was received and placed on file for the information of the Council (Petition 98-9-8-28) A communication from William M Ditzhazy, dated November 18, 1998, re asking the Council to table Petition 98-9-8-28, as he will be resubmitting a revised request, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was 31340 #885-98 RESOLVED, that having considered a communication from the City Planning Commission, dated August 12, 1998, which sets forth its resolution 8-127-98, adopted on August 11, 1998, with regard to Petition 98-7-1-14, submitted by Dale and Sylvia Bowerman, for a change of zoning of property located on the south side of Ann Arbor Trail between Dowling Avenue and Newburgh Road in the Southwest 1/4 of Section 32, from R-1 to RC, and the Council having conducted a public hearing with regard to this matter on October 26, 1998, pursuant to Council Resolution 655-98, the Council does hereby concur in the recommendation of the Planning Commission and Petition 98-7-1-14 is hereby denied for the following reasons 1 That the proposed change of zoning is incompatible to the surrounding single family uses and zoning districts in the area, 2 That the proposed change of zoning will provide for an unacceptable increase in density in the area, and 3 That the proposed change of zoning is not consistent with the predominately single family residential character of the area Jane Stewart, 36532 Dowling, Livonia, spoke in opposition to the rezoning requested in Petition 98-7-1-14 and submitted a petition with 46 signatures also opposing On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #886-98 RESOLVED, that having considered a communication from the City Librarian, dated October 19, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations, in the total amount of$1,704 95, from the sources indicated therein for use by the Livonia Public Library as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of$1,704 95 to Account No 702-000-285-271 for the purposes as designated by the donors On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was #887-98 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 31341 On a motion by Brosnan, seconded by Duggan, it was #888-98 RESOLVED, that having considered a communication from the Department of Law, dated November 12, 1998, approved for submission by the Mayor, 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 Monday, November 30, 1998, immediately following the 7 00 p m public hearings, for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation regarding Citizens Insurance Co./Busard v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Laura, Brosnan, Pastor, and Engebretson NAYS None The President declared the resolution adopted On a motion by Duggan, seconded by Laura, and unanimously adopted, it was. #889-98 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 25, 1998, and the report and recommendation of the Chief of Police, dated November 16, 1998, in connection therewith, approved for submission by the Mayor, the Council does hereby determine that it has no objection to and does recommend approval of the request from Busch's, Inc. for a new SDM license with on-premise food service seating to be located at 37083 Six Mile 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 Dan Courser, 15333 Treeside Court, Ann Arbor - thanked the Council for their assistance in approving the foregoing liquor license, and invited everyone to attend their open house on December 3, 1998 from 5 00 p m to 8 00 p m On a motion by Laura, seconded by Pastor, it was #890-98 RESOLVED, that having considered a communication from the Department of Law, dated November 17, 1998, approved for submission by the Mayor, 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 Monday, November 23, 31342 1998, immediately following the 8 00 p m Study Meeting and continuing Monday, November 30, 1998, immediately following the 7 00 p m public hearings and Closed Committee of the Whole meeting with respect to Citizens Insurance Co./Busard v City of Livonia for the purposes of discussing pending litigation matters and attorney/client privileged communications relative to the Tandy Corporation v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Laura, Brosnan, Pastor, and Engebretson NAYS None The President declared the resolution adopted On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #891-98 RESOLVED, that the Council does hereby rescind CR 760- 98 in connection with the establishment of a public hearing date for Petition 98-8-8-26, submitted by Promus Hotel Corporation, on behalf of Homewood Suites, to construct a hotel on property located at 19660 Haggerty Road On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was. #892-98 RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the matter of establishing a new public hearing date with respect to Petition 98-8-8-26, submitted by Promus Hotel Corporation, on behalf of Homewood Suites, to construct a hotel on property located at 19660 Haggerty Road On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #893-98 RESOLVED, that the Council does hereby rescind CR 761- 98 in connection with the establishment of a public hearing date for Petition 98-8-8-27, submitted by Homestead Village, Inc , on behalf of Homestead Hotel, to construct a hotel on property located at 19640 Haggerty Road 31343 On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #894-98 RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the matter of establishing a new public hearing date with respect to Petition 98-8-8-27, submitted by Homestead Village, Inc., on behalf of Homestead Hotel, to construct a hotel on property located at 19640 Haggerty Road No one wished to speak during the audience communication portion of the meeting Councilmember Pastor reiterated his reminder of the upcoming Holiday Parade, and expressed his hope that the Walsh's baby was delivered this evening President Engebretson also expressed his hope that the Walsh's had a safe and healthy birth of their expected second child, and thanked the City Channel 8 volunteers for all their efforts On a motion by Duggan, seconded by Pastor, and unanimously adopted, this 1,381st Regular Meeting of the Council of the City of Livonia was adjourned at 9•33 p m , November 18, 1998 • • n7926 4 ` J. n McCotter, City Clerk