Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1998-09-23 31204 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SEVENTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 23, 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 Brosnan delivered the invocation Roll was called with the following result: Maureen Miller Brosnan, John J Walsh, John R. Pastor, Brian Duggan, Joe Laura, and Jack Engebretson Absent: Val I Vandersloot (ill) 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, Robert J Beckley, Director of Public Works, Laura M Toy, City Treasurer; John Fegan, Director of Inspection, Jeff Bryant, Economic Development Manager; Mary Rutan, Personnel Director; and Ian Wilshaw, Traffic Commission. On a motion by Brosnan, seconded by Laura, and unanimously*adopted, it was #706-98 RESOLVED, that the minutes of the 1,376th Regular Meeting of the Council of the City of Livonia, held September 9, 1998, are hereby approved as submitted *Councilmember Duggan abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances. No one from the audience spoke during the audience communication portion of the meeting. Councilmember Pastor reminded everyone to keep fellow Jaycee Matt Boitos in their prayers, and thanked Sister Renatta (St. Mary Hospital) for her prayers Matt is still in a coma. He also congratulated his brother and sister-in-law, Craig and Denise, on the birth of their baby boy today, weighing 7 lbs 12 oz. at 20" long 31205 Additionally, Councilmember Pastor announced that tomorrow, September 24, 1998, Madonna University is having a "power breakfast," with the Stanley Cup to be on display Mayor Kirksey gave those in attendance and in the viewing audience an update on the Advanced Life Support training of the 18 Livonia Firefighters participating, as well as an update on the City's budget process. Both are progressing - very well, with the ALS training to be completed some time in January of 1999 A communication from the Engineering Division, dated September 21, 1998, re status of the Pines of Winfield Subdivision and restoration work in Sheffield Estates Subdivision was received and placed on file for the information of the Council A communication from the Department of Community Resources, dated September 17, 1998, re additional language in the Northwest Transport, Inc. contract for specialized services, lift-equipped transportation with respect to cleanliness of vehicles was received and placed on file for the information of the Council (Consent Agenda Item #6) A communication from the Public Service Division, dated September 18, 1998, re. door replacements at the Civic Park Senior Center was received and placed on file for the information of the Council (Consent Agenda Item #9) On a motion by Brosnan, seconded by Pastor, it was. #707-98 RESOLVED, that having considered a letter from Jennifer R. Boros, Chairperson, representing the Sacred Heart Byzantine Catholic Church, dated August 2, 1998, which requests permission to place eighteen 11" x 18" signs announcing the Sacred Heart Craft Show, to be held on Saturday, October 17, 1998, which signs shall be installed on October 9, 1998, at the following intersections Middlebelt Road: Southwest corners of Eight Mile, Seven Mile and Six Mile Roads Southeast corner of Five Mile Road Northwest corner of Five Mile Road Northeast corners of Seven Mile and Six Mile Roads 31206 Merriman Road Southeast corners of Eight Mile, Seven Mile and Six Mile Roads Southwest corners of Six Mile and Five Mile Roads Northeast corner of Five Mile Road Northwest corner of Seven Mile Road Inkster Road Southwest corners of Seven Mile and Five Mile Roads Northwest corners of Six Mile and Five Mile Roads and all signs to be removed no later than October 18, 1998, the Council does hereby grant and approve this request in the manner and form herein requested #708-98 RESOLVED, that the Council does hereby refer the subject of a procedure for tracking signs which have been installed on street corners pursuant to approval of the City Council to the Mayor for a report and recommendation. #709-98 RESOLVED, that having considered a letter from Gail Silvernail, Chairperson of the Clarenceville Athletic Booster Club, received in the Office of the City Clerk on September 4, 1998, which requests permission to display wire signs announcing the craft boutique to be held by the Clarenceville Athletic Booster Club on Saturday, November 14, 1998, which signs are to be 14" x 22" in size and which will be displayed at all major intersections in the City from November 1, 1998, through November 15, 1998, the Council does hereby grant and approve this request in the manner and form herein submitted #710-98 RESOLVED, that having considered a communication from the City Assessor, dated August 24, 1998, approved for submission by the Mayor, with regard to a request from Mel Borin of Mid Plaza Associates, P 0 Box 250851, West Bloomfield, Michigan 48325, and Earl LaFave of Beck Development, 30069 Wixom Road, Wixom, Michigan 48393, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination of Tax Item Nos 46-143-01-0097-003, 46-143-01-0101-000, 46-143-01- 0102-000, 46-143-01-0103-000, 46-143-01-0104-000 and 46-143-01- 0105-000 into two (2) parcels, the legal descriptions of which shall read as follows PARCEL A: Lot 97 except the East 96 feet thereof and the west 150 feet thereof, Lot 98 except the east 96 feet thereof and the west 150 feet of the south 40 feet thereof, Lot 99 except the east 96 feet thereof, and Lot 100 except the east 96 feet thereof, of"Newman Joy Road Subdivision" of part of the Southwest 1/4 of Section 36, Town 1 South, Range 9 East, City of 31207 Livonia, Wayne County, Michigan, as recorded in Liber 66 of Plats, Page 19, Wayne County Records PARCEL B: The westerly 100 feet of Lots 97, 98, 99 and 100 and all of Lots 101, 102, 103, 104 and 105 of "Newman Joy Road Subdivision" of part of the Southwest 1/4 of Section 36, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, as recorded in Liber 66 of Plats, Page 19, Wayne County Records and described as follows Commencing at the southwest corner of Section 36, Town 1 South, Range 9 East; thence N 00°00'00" E., 809 48 feet along the west line of Section 36, also the centerline of Middlebelt Road (width varies), thence N 89°40'05" E., 60 00 feet to the southwest corner of Lot 101 of"Newman Joy Road Subdivision" (recorded in Liber 66 of Plats, Page 19, Wayne County Records), also the easterly right-of-way of said Middlebelt Road (width varies) and the point of beginning, thence N 00°00'00" E., 407 17 feet along said easterly right-of-way; and the west line of Lots 101, 102, 103, 104 and 105 of said "Newman Joy Road Subdivision" to the northwest corner of said Lot 105, thence S 65°20'19" E., 346 69 feet along the northerly line of said Lot 105 to the northeast corner of said Lot 105, thence S 00°00'15" E , 500 64 feet along the east line of Lots 105, 104, 103, 102, 101, 100, 99, 98 and 97 of said "Newman Joy Road Subdivision" to the southwest corner of said Lot 97, thence S 89°40'32" W , 96 00 feet along the south line of said Lot 97, thence N 00°00'15" W , 239 94 feet to the south line of Lot 101 of said "Newman Joy Road Subdivision", thence S 89°40'05" W , 219 09 feet along said south line to the southwest corner of said Lot 101, also the easterly right-of-way of Middlebelt Road (width varies) and the point of beginning. Containing 2 9442 acres of land as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. #711-98 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 27, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a proposed agreement between the City of Livonia and the Wayne County Office of Nutrition Services for the distribution of U S D A. TEFAP commodities to low F income residents through September 30, 1999, 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. 31208 #712-98 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated September 2, 1998, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, and a subsequent communication dated September 9, 1998, from the Director of Community Resources, to which is attached a proposed Amendatory Agreement between the City of Livonia and SMART for the Specialized Services Operating Assistance Program, as well as a proposed Amendatory Agreement between the City of Livonia and Northwest Transport, Inc., for the Specialized Services/User-Side Subsidy Transportation Program, which amendatory agreements would increase funds and service for lift-equipped transportation for non-transferable disabled persons in Farmington, Farmington Hills, Northville, Northville Township and Livonia for the period October 1, 1997 through September 30, 1998, the Council does hereby authorize the Mayor and City Clerk to execute these amendatory agreements for and on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution #713-98 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated September 2, 1998, approved by the City Attorney and the Director of Finance, and approved for submission by the Mayor, to which is attached a Specialized Services/User-Side Subsidy Transportation Agreement to provide lift-equipped service for non-transferable disabled persons in Northwest Wayne County, Farmington and Farmington Hills, between the City of Livonia and Northwest Transport, Inc., 31376 Industrial Road, Livonia, Michigan 48150, for the period October 1, 1998, through September 30, 1999, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement as well as to execute an agreement with SMART for support of this Specialized Services (Lift-Equipped) Transportation Program, provided that the agreement is approved as to form by the Department of Law #714-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated September 1, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Bill Wink Chevrolet-GMC, 10700 Ford Road, Dearborn, Michigan 48126, for supplying the Public Service Division (Equipment Maintenance Section) with a single-axle dump truck with self-loader for a net price of $82,897 00, based on a total price of $87,897 00 less trade-in of $5,000 00, the same having been in fact the lowest bid received and meets all specifications 31209 #715-98 RESOLVED, that having considered a communication from the Public Utility Manager and the Director of Public Works, dated August 21, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with respect to the sole bid received for carpet installation at four City facilities (Police Department, Noble Library, Civic Park Senior Center, and the fourth floor and annex of City Hall), the Council does hereby reject the bid received on August 13, 1998, in connection with this item, the action herein being taken for the reasons indicated in the aforesaid communication, FURTHER, the Council does hereby authorize the Director of Public Works, together with the Director of Finance, to do all things necessary to re-bid this project in accordance with the provisions set forth in the Financial Ordinance, the same to thereafter be submitted to Council for its consideration #716-98 RESOLVED, that having considered the report and recommendation of the Public Utility Manager, Director of Public Works, Director of Community Resources and the Housing Director, dated August 26, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Edwards Glass Co , 32000 Plymouth Road, Livonia, Michigan 48150, for completing all work required in connection with the replacement of windows at the Civic Park Senior Center in the total amount of $31,643 00, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize an expenditure in the amount of$20,000 00 from funds already budgeted for this purpose in Account No 236-800-818-656 of the Community Development Block Grant, and does hereby appropriate and authorize the expenditure of a sum of $11,643 00 from funds available in the Community Development Block Grant program fund for this purpose, 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 #717-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated September 4, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting to extend the current contract to November 1, 1998, with Polar Environmental, 707 Lewiston, Ferndale, Michigan 48220, for leachate disposal services, at the rate of$0 04 per gallon for the estimated total additional cost of$20,000 00 based on the Department of Public Works' estimate of units involved and subject to final payment based upon the actual units completed in accordance with the unit prices accepted herein, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached agreement with the aforesaid company and to do all other things necessary or incidental to 31210 the full performance of this resolution, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $20,000 00 from the Fund Balance of the Municipal Refuse Fund for this purpose, FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #718-98 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated August 26, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and a letter from Frederick J Pilgrim, P E., Assistant Engineer of Traffic Operations, Wayne County Division of Roads, dated August 12, 1998, to which is attached a proposed agreement between the City of Livonia and the County of Wayne regarding the installation of a traffic signal at the intersection of Newburgh Road and Pembroke, and having considered the necessity for such traffic signal installation, the Council does hereby authorize the said traffic installation, FURTHER, the Council does hereby approve of the City assuming 100% of the installation and annual maintenance costs for such traffic signal, and for this purpose does hereby appropriate and authorize the expenditure of a sum not to exceed $36,000 00 from the Michigan Transportation Fund (Major Road Account 202), and the Mayor and City Clerk are hereby authorized to execute the attached agreement, for and on behalf of the City of Livonia, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Division of Roads #719-98 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated August 27, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding additional work required in connection with the Botsford Park Improvements (Contract 97-K) previously authorized in Council Resolution 853-97, adopted on October 22, 1997, the Council does hereby authorize the expenditure of the additional sum of$1,402 50 from the Drainage Project Construction Fund No 465 to be paid to Countyline Contractors, Inc , 7615 Spencer Road, South Lyon, Michigan 48178- 9624, for this additional work. #720-98 RESOLVED, that having considered a communication from the City Planning Commission, dated August 31,1998, approved for submission by the Mayor, which transmits its resolution 8-139-98, adopted on August 25, 1998, with regard to a Sign Permit Application, submitted by Pentagon Properties Limited Partnership, requesting approval to erect wall signage for the AMC movie theater located at 19500 Haggerty Road in the Southwest 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and 31211 approves the said Sign Permit Application, subject to the following conditions 1 That the wall sign shown on the Sign Package prepared by Gould Evans Goodman Associates, LC, on behalf of AMC Livonia 20, as received by the Planning Commission on August 13, 1998, is hereby approved and shall be adhered to, 2 That the wall signage for the theater shall not be illuminated beyond 1 00 a m or one hour after closing, whichever comes first; and 3 That any additional signage shall come before the Planning Commission and City Council for their review and approval #721-98 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated August 31, 1998, approved for submission by the Mayor, submitted pursuant to Council Resolution 379-98, regarding a request from Michael Williams, 12146 Stark Road, for a protective wall on abutting industrial property at 34000 Capitol, the Council does hereby determine to take no further action with respect to this matter #722-98 RESOLVED, that having considered a communication from the City Planning Commission, dated September 16, 1998, which transmits its resolution 9-148-98, adopted on September 15, 1998, requesting approval of the Sign Permit Application and Landscape Plan in connection with Petition 98-1-8-2 submitted by Victor Parkway Associates, L.L.0 , which previously received site plan approval per Council Resolution 189-98, to construct two office buildings on property located at 19400 Victor Parkway in the North 1/2 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission, and the Sign Permit Application and Landscape Plan in connection with Petition 98-1-8-2 are hereby approved and granted, subject to the following conditions 1 That the Landscape Plans marked Sheets L1-10, L1-11 and L1-12 prepared by Ghafari Associates, as received by the Planning Commission on August 26, 1998, are hereby approved and shall be adhered to, 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 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, 31212 4 That the Sign Plan marked Sheet A2 03, prepared by Ghafari Associates, as received by the Planning Commission on August 26, 1998, is hereby approved and shall be adhered to, 5 That the brick base of the ground sign shall be constructed out of the same brick as the two office buildings, 6 That the mechanical equipment screen wall on the roof shall be changed from brick to metal panels, and 7 That the metal panels shall fully screen all rooftop equipment and shall be complementary in color with the buildings. A roll call vote was taken on the foregoing resolutions with the following result: AYES Brosnan, Walsh, Pastor, Duggan, Laura, and Engebretson. NAYS None On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #723-98 RESOLVED, that the Council does hereby discharge the Committee of the Whole from consideration of Council Resolution 569-98 with respect Petition 98-6-8-21 submitted by ADI Realty, on behalf of Arbor Drugs, requesting site plan approval in connection with a proposal to construct a retail store and a bank on property located at 19120 Middlebelt Road in the Southwest 1/4 of Section 1 On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was. #724-98 RESOLVED, that having considered a communication from the City Planning Commission, dated July 2, 1998, which transmits its resolution 6-105-98 adopted on June 23, 1998, with regard to Petition 98- 6-8-21 submitted by ADI Realty, on behalf of Arbor Drugs, requesting site plan approval in connection with a proposal to construct a retail store and a bank on property located at 19120 Middlebelt Road in the Southwest 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 98-6-8-21 is hereby approved and granted, subject to the following conditions 31213 1 That the Site Plan marked Sheet SP-1 prepared by Gary Adams Associates, Inc., as received by the Planning Commission on June 22, 1998, is hereby approved and shall be adhered to, Ems 2 That the Landscape Plan marked Sheet LS-1 prepared by Gregory M Baughman Associates, as received by the Planning Commission on June 22, 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 satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plan marked Sheet A-3 prepared by Gary Adams Associates, Inc., as received by the Planning Commission on June 5, 1998, is hereby approved and shall be adhered to, 6 That the brick used in the construction of the decorative wall shall be full-face four (4") inch brick, no exceptions, 7 That the 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 this approval does not authorize consent of any signage shown on the plans, and that all signage shall come back before the Planning Commission and City Council for their review and approval, and 9 That the parking lot will be new, not repaired, and completely restriped. On a motion by Laura, seconded by Walsh, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 19, 1998, submitted pursuant to Council Resolution 119-98, and a communication from the Public Utility Manager and the Director of Public Works, dated August 17, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding the matter of a drop ceiling for the business located at the Fox Creek Golf Course, 36000 Seven Mile, Livonia, Michigan (Sideline Bar and Restaurant), the Council 31214 does hereby approve the installation of a drop ceiling at the Sideline Bar and Restaurant located at the Fox Creek Golf Course with the costs thereof to be shared equally between the City and the Sideline Bar and Restaurant; FURTHER, the Council does hereby authorize the expenditure of an amount not to exceed $5,225 00 from funds already budgeted for this purpose in Building Maintenance Contractual Services Account No 101-447-818-020, which sum represents 50% of the quoted costs submitted by Great Lakes Acoustical Ceilings, Inc., 21902 John R, Hazel Park, Michigan 48030; FURTHER, the Council does hereby direct that such payment shall be made in the form of a reimbursement to the Sideline Bar and Restaurant; FURTHER, this approval is subject to all applicable permits being obtained prior to construction. A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Laura and Engebretson. NAYS. Brosnan, Pastor and Duggan. The President declared the resolution denied. A communication from the Public Service Division, dated September 18, 1998, re additional information with respect to the suspended ceiling at the Fox Creek Clubhouse (Sideline Bar and Restaurant) was received and placed on file for the information of the Council (CR 119-98) A communication from the Michigan Liquor Control Commission, dated September 17, 1998, re forwarding a Notice of Cancellation of Application of the request for New Outdoor Service - 2nd Area in conjunction with a 1998 Class C licensed business with 2 Bars, Sunday Sales Permit, Entertainment Permit, Official Permit (Food & Golf) and Outdoor Service Permit (1 area) for the business located at 36000 Seven Mile Road was received and placed on file for the information of the Council (CR 119-98) On a motion by Duggan, seconded by Pastor, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 19, 1998, submitted pursuant to Council Resolution 119-98, and a communication 31215 from the Public Utility Manager and the Director of Public Works, dated August 17, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding the matter of a drop Eby, ceiling for the business located at the Fox Creek Golf Course, 36000 Seven Mile, Livonia, Michigan (Sideline Bar and Restaurant), the Council does hereby grant permission for the Sideline Bar and Restaurant to install a drop ceiling with all costs thereof to be borne by the Sideline Bar and Restaurant and subject to all applicable permits being obtained prior to construction A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Pastor and Duggan NAYS Walsh, Laura and Engebretson The President declared the resolution denied. At the direction of the Chair, the matter of the funding of the installation of a suspended ceiling for the Sideline Bar and Restaurant, located at the Fox Creek Golf Course, 36000 Seven Mile Road, was moved to the Regular Council Meeting of October 21, 1998 (to have all Council members present). On a motion by Duggan, seconded by Pastor, it was. #725-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 25, 1998, submitted pursuant to Council Resolution 372-98, and a communication from the City Planning Commission, dated February 27, 1998, which sets forth its resolution 2-27-98 adopted on February 24, 1998, with regard to Petition 98-1-2-2 submitted by Rite Aid of Michigan requesting waiver use approval to utilize an SDD and SDM license for a store located on the southeast corner of Eight Mile and Merriman Roads in the Northwest 1/4 of Section 2, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on Wednesday, April 15, 1998, pursuant to Council Resolution 179-98, the Council does hereby reject, in part, the recommendation of the City Planning Commission and said Petition 98-1-2-2 is hereby approved and granted with respect to the SDM license only, and is denied with respect to the SDD license for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed uses are in compliance with all the general waiver use standards and requirements as set forth in Section 19 06 of Zoning Ordinance No 543, 2 That this area of the City is currently well served with SDD-licensed establishments selling packaged alcoholic beverages, and 31216 3 That the petitioner has not sufficiently demonstrated a need in the area for additional sales of packaged alcoholic beverages such as are permitted by the utilization of an SDD license A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Walsh, Pastor, and Duggan NAYS Laura and Engebretson The President declared the resolution adopted John Doyle, 427 S Capitol Avenue, Lansing, the attorney representing Rite Aid, gave the status of Rite Aid SDDs and SDMs in Livonia, along with the locations. On a motion by Duggan, seconded by Pastor, it was #726-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 25, 1998, submitted pursuant to Council Resolution 372-98, and a communication from the City Planning Commission, dated February 27, 1998, which sets forth its resolution 2-27-98 adopted on February 24, 1998, with regard to Petition 98-1-2-2 submitted by Rite Aid of Michigan requesting waiver use approval to utilize an SDD and SDM license for a store located on the southeast corner of Eight Mile and Merriman Roads in the Northwest 1/4 of Section 2, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on Wednesday, April 15, 1998, pursuant to Council Resolution 179-98, the Council does hereby reject, in part, the recommendation of the City Planning Commission and said Petition 98-1-2-2 is hereby denied with respect to the SDD license for the following reasons. 1 That the petitioner has failed to affirmatively show that the proposed uses are in compliance with all the general waiver use standards and requirements as set forth in Section 19 06 of Zoning Ordinance No 543, 2 That this area of the City is currently well served with SDD-licensed establishments selling packaged alcoholic beverages, and 3 That the petitioner has not sufficiently demonstrated a need in the area for additional sales of packaged alcoholic beverages such as are permitted by the utilization of an SDD license 31217 A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Walsh, Pastor, and Duggan NAYS Laura and Engebretson The President declared the resolution adopted On a motion by Walsh, seconded by Brosnan, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 1, 1998, submitted pursuant to Council Resolution 474-98, and a communication from the City Planning Commission, dated May 8, 1998, which transmits its resolution 5-69-98, adopted on May 5, 1998, with regard to a Sign Permit Application, submitted by Kasper Enterprises on behalf of Westborn Market, requesting approval to erect signage on property located at 14925 Middlebelt Road in the Northeast 1/4 of Section 23, the Council does hereby concur in the recommendation of the Planning Commission and approves the Sign Permit Application with respect to the monument sign only, subject to the following conditions. 1 That the Sign Package submitted by Kasper Enterprises, as received by the Planning Commission on April 6, 1998, is hereby approved with respect to the monument sign only and shall be adhered to, 2. That the brick used in the construction of the base of the sign shall match that of the principal building and shall be full face four (4") inch brick, no exceptions, 3 That all signage for this store shall not be illuminated beyond one hour after closing, 4 That any additional signage shall come back before the Planning Commission and City Council for their review and approval. At the request of the petitioner, and at the direction of the Chair, the matter of the foregoing Sign Permit Application was postponed until the Regular Meeting of October 21, 1998, when all Council members would be present. Walsh and Brosnan withdrew their motions on the foregoing resolution. 31218 A communication from the Department of Law, dated September 8, 1998, re when petitioners should appear before the Zoning Board of Appeals and/or the Planning Commission 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 #727-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 1, 1998, submitted pursuant to Council Resolution 259-98, and a communication from the Director of Public Works and the City Engineer, dated March 20, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a copy of two design proposals and a project summary with respect to architectural design and contract administration services for the construction of a storage building at the Police Station and a truck scale enclosure on Glendale Avenue, the Council does hereby accept the proposals and project summary submitted by Nordstrom Samson Associates, 19853 West Outer Drive, Dearborn, Michigan 48124, for performing architectural and contract administration services for such projects in an amount not to exceed $48,640 00; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $30,640 00 from Account No 101-447-975-000 for services provided in connection with the storage building at the Police Department site and $18,000 00 from Account No 205-527-974-000 for services provided in connection with the truck scale building on Glendale Avenue for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D2 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized to execute the contracts for and on behalf of the City of Livonia with the aforesaid firm and to do all other things necessary or incidental to the full performance of this resolution On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #728-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 1, 31219 1998, submitted pursuant to Council Resolution 201-98, regarding the matter of the staffing in the Treasurer's Office, and a communication from the Personnel Director dated September 3, 1998, the Council does hereby approve an amendment to the classification of Positions Plan and the establishment of the classification of Assistant Treasurer; FURTHER, the Council does hereby set the salary of the Assistant Treasurer as follows Bi-Weeklv Annual Step 1 $1,474 40 $38,334 40 Step 1 5 1,504 00 39,104 00 Step 2 1,533 60 39,873 60 Step 3 1,595 20 41,475 20 Step 4 1,659 20 43,139 20 Step 5 1,725 60 44,865 60 the same benefits (i e , longevity, vacation credit, sick leave, dental, optical, medical benefits, etc.) as extended to other full-time classified Civil Service employees shall be afforded this position. The report and recommendation of Plante & Moran, dated August 18, 1998, re a review of the City of Livonia's Treasurer's Department was received and placed on file for the information of the Council (CR 201-98) The President relinquished the Chair to Vice President Walsh at 8 44 p m. to address the next agenda item. A communication from C R. Charest, Jr , dated September 8, 1998, re the proposed purchase of property located at 17000 Farmington Road (Ward Evangelical Presbyterian Church) was received and placed on file for the information of the Council (CR 850-97) Due to a conflict of interest on this agenda item, President Engebretson left the podium at 8'45 p m. On a motion by Brosnan, seconded by Laura, it was. #729-98 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 3, 1998, submitted pursuant to Council Resolution 850-97, and the report and recommendation of the Department of Law, dated September 25, 1997, approved for submission by the Mayor and submitted pursuant to Council Resolution 770-97, concerning the 31220 proposed purchase of property located at 17000 Farmington Road (Ward Evangelical Presbyterian Church), the Council does hereby refer the matter of a needs assessment and evaluation of future uses of Ward Presbyterian Church as a community center to the Mayor for a report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Duggan, and Laura. NAYS Pastor and Walsh The Vice President declared the resolution adopted A communication from the Office of the Mayor, dated September 3, 1998, re: administrative response to CR 849-97 -the subject of financing the proposed purchase of property located at 17000 Farmington Road (Ward Evangelical Presbyterian Church) was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Laura, it was #730-98 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 3, 1998, submitted pursuant to Council Resolution 850-97, and the report and recommendation of the Department of Law, dated September 25, 1997, approved for submission by the Mayor and submitted pursuant to Council Resolution 770-97, concerning the proposed purchase of property located at 17000 Farmington Road (Ward Evangelical Presbyterian Church), the Council does hereby determine to take no further action with respect to this matter A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Pastor, Duggan, Laura, and Walsh NAYS None. The Vice President declared the resolution adopted On a motion by Brosnan, seconded by Pastor, it was #731-98 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated 31221 September 3, 1998, submitted pursuant to Council Resolution 912-97, in connection with the referral to the financial advisor, Richard Barch, for his report and recommendation on the subject of the average cost to each homeowner of a $5 6 million bond issue to be utilized for the purchase of Ward Evangelical Presbyterian Church, the Council does hereby determine to take no further action with respect to this matter A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Pastor, Duggan, Laura, and Walsh NAYS None The Vice President declared the resolution adopted A communication from Stauder, Barch & Associates, Inc., dated November 26, 1997, re. financing the purchase of Ward Evangelical Presbyterian Church was received and placed on file for the information of the Council (CR 912-97) The President resumed the Chair at 8 50 p m 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 September 8, 1998, submitted pursuant to Council Resolution 577-98, and the report and recommendation of the Director of Finance, dated April 13, 1998, approved for submission by the Mayor, regarding funding for Hegira Programs, Inc. - Livonia Counseling Center for professional services provided to the City and its citizens for the fiscal year ending November 30, 1998, the Council does hereby appropriate and authorize the expenditure of an amount not to exceed $24,000 00 to Hegira Programs, Inc., 8623 N Wayne Road, Suite 200, Westland, Michigan 48185, for the fiscal year beginning December 1, 1998, for the Livonia Counseling Center in consideration for which Hegira Programs, Inc. will, among other things, a) assist the City in developing a fee-for-service program for future funding of behavioral health services, identifying and prioritizing community needs based on actual data collected during the 1998-99 fiscal year, and b) provide quarterly reports beginning January 1, 1999, accounting for services provided to Livonia residents and Hegira's use of the referenced $24,000 00 subsidy; FURTHER, the Council does hereby resolve that the cost benefit analysis regarding possible renovation of City-owned property currently housing Livonia Counseling Center at 13325 Farmington Road, Livonia, Michigan, referenced in the memorandum of Hegira Programs, Inc. regarding Council Resolution 577- 98 be completed by June 1, 1999, and submitted to the administration for 31222 submission to City Council promptly thereafter, with Hegira Programs, Inc. to continue its current leasing arrangement for said property through September 30, 1999, FURTHER, the Council does hereby request that the administration meet with Hegira Programs, Inc. to develop goals for the City's employee assistance program and behavioral health referral services to Livonia residents, FURTHER, the Council does hereby determine to continue the current fee-for-service block grant program with Livonia Counseling Center for the 1998-99 fiscal year for the proposed amount of$16,000 00 A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Duggan, and Laura NAYS Walsh, Pastor, and Engebretson The President declared the resolution denied Ed Forry, Director of Hegira Programs, Inc., 8623 N Wayne Road, Westland, spoke in favor of the City continuing to subsidize Hegira. He stated they are the best provider for this service, and he wants to continue to provide behavioral services to the City Mayor Kirksey spoke in opposition of continuing general fund subsidies for Hegira. He stated there are other providers within our community, and Hegira could continue to participate on an equal basis with other like providers on a "fee-for-service" basis. On a motion by Walsh, seconded by Pastor, it was. #732-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 8, 1998, submitted pursuant to Council Resolution 577-98, and the report and recommendation of the Director of Finance, dated April 13, 1998, approved for submission by the Mayor, regarding funding for Hegira Programs, Inc. - Livonia Counseling Center for professional services provided to the City and its citizens for the fiscal year ending November 30, 1998, the Council does hereby, for the fiscal year beginning December 1, 1998, appropriate and authorize the expenditure of an amount not to exceed $24,000 00 to pay for a fee-for-service emergency behavioral health referral network as outlined in the attachments to the September 3, 1998, letter of Mary E Rutan to the City Council, with no General Fund subsidy to Hegira Programs, Inc. in fiscal year 1998/1999 or thereafter; FURTHER, the Council does hereby determine to continue the current fee-for-service block grant program with Livonia Counseling Center for the 1998-99 fiscal year for the proposed amount of$16,000 00, with any remaining balance from same to be carried over to the 1999- 2000 fiscal year and applied to the referenced fee-for-service emergency behavioral health referral network; FURTHER, the Council does hereby require that the City-owned property currently housing the Livonia 31223 Counseling Center at 13325 Farmington Road, Livonia, Michigan, be vacated by Hegira Programs, Inc. no later than September 30, 1999 A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Walsh, Pastor, Duggan, and Engebretson NAYS Laura. The President declared the resolution adopted On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was: #733-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 8, 1998, submitted pursuant to Council Resolution 577-98, and the report and recommendation of the Director of Finance, dated April 13, 1998, approved for submission by the Mayor, regarding funding for Hegira Programs, Inc. - Livonia Counseling Center for professional services provided to the City and its citizens for the fiscal year ending November 30, 1998, the Council does hereby authorize payment of$24,000 00 to Hegira Programs, Inc., 8623 N Wayne Road, Suite 200, Westland, Michigan 48185, for services rendered by the Livonia Counseling Center for the period ending November 30, 1998 Duggan gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 98-6-3-3) 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 Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE ADDING SECTION 370 TO TITLE 15, CHAPTER 04 (BUILDING CODES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: 31224 AYES Brosnan, Walsh, Pastor, Duggan, Laura, and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #734-98 RESOLVED, that having considered a communication from the City Planning Commission, dated August 31, 1998, approved for submission by the Mayor, which sets forth its resolution 8-137-98, adopted on August 25, 1998, with regard to a request for an extension of site plan approval previously granted pursuant to Petition 97-3-8-6 submitted by The Design & Construction Group, Inc., on behalf of Mobil Oil Station, in connection with the approval of all plans for a proposal to construct an addition to the gas station located at 17111 Farmington Road in the Southeast 1/4 of Section 9, previously granted in Council Resolution 505-97, adopted on June 11, 1997, the Council does hereby concur in the recommendation of the Planning Commission and does hereby grant the requested extension for a six-month period, subject to the following condition That the request for an extension of Site Plan approval by The Design & Construction Group, Inc., on behalf of Mobil Oil, in a letter dated August 10, 1998, is hereby approved for a six-month period and shall be subject to all conditions and requirements set forth in the original resolution A communication from the Inspection Department, dated September 21, 1998, re outside display of merchandise with respect to Petition 97-3-8-6 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 a communication from the City Planning Commission, dated August 27, 1998, approved for submission by the Mayor, which transmits its resolution 8-134-98 adopted on August 25, 1998, with regard to Petition 98-8-8-25 submitted by Seigfreid, Edwards & Associates, on behalf of Walgreens, requesting site plan approval in connection with a proposal to construct a commercial building located at 8850 Newburgh in the Southwest 1/4 of Section 32, pursuant to the provisions set forth in Section 18 47 of Ordinance No 31225 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 98-8-8-25 is hereby approved and granted, subject to the following conditions hior 1 That the Site Plan marked Sheet CO 1 by Seigfreid, Edwards & Associates, as received by the Planning Commission on July 29, 1998, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet AO 1 prepared by Seigfreid, Edwards & Associates, as received by the Planning Commission on July 29, 1998, is hereby approved and shall be adhered to, except for the fact that trees must have a minimum diameter of two (2") inches measured at a point one (1') foot above the base of the tree, 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 A2.1 prepared by Seigfreid, Edwards and Associates, as received by the Planning Commission on August 25, 1998, 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 protective wall shall be 7 feet in height on the east and north property lines, and 10 That no signs, either freestanding or wall mounted, are approved with this petition All such signage shall be separately submitted for review and approval by the Planning Commission and City Council A roll call vote was taken on the foregoing resolution with the following result: 31226 AYES Brosnan, Laura and Engebretson. NAYS Walsh, Pastor and Duggan. The President declared the resolution denied. Steve Murphy stated he was the original petitioner for the zoning and site plan review, - and they were asked by the Planning Commission to build the same building as the one at Middlebelt and Six Mile, yet the Council did not adopt that resolution. He stated he was somewhat confused On a motion by Pastor, seconded by Walsh, it was RESOLVED, that having considered a communication from the City Planning Commission, dated August 27, 1998, approved for submission by the Mayor, which transmits its resolution 8-134-98 adopted on August 25, 1998, with regard to Petition 98-8-8-25 submitted by Seigfreid, Edwards & Associates, on behalf of Walgreens, requesting site plan approval in connection with a proposal to construct a commercial building located at 8850 Newburgh in the Southwest 1/4 of Section 32, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 98-8-8-25 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet CO 1 by Seigfreid, Edwards & Associates, as received by the Planning Commission on July 29, 1998, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet AO 1 prepared by Seigfreid, Edwards & Associates, as received by the Planning Commission on July 29, 1998, is hereby approved and shall be adhered to, except for the fact that trees must have a minimum diameter of two (2") inches measured at a point one (1') foot above the base of the tree, 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 A2 1 prepared by Seigfreid, Edwards and Associates, as received by the Planning Commission on August 25, 1998, is hereby approved and 31227 shall be adhered to, except that the mortar and pestle building relief shall not be permitted, 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 protective wall shall be 7 feet in height on the east and north property lines; and 10 That no signs, either freestanding or wall mounted, are approved with this petition All such signage shall be separately submitted for review and approval by the Planning Commission and City Council A roll call vote was taken on the foregoing resolution with the following result: Gap AYES Walsh, Pastor and Duggan NAYS Brosnan, Laura and Engebretson. The President declared the resolution denied The Chair recommended that this matter (Petition 98-8-8-25) be postponed until the Regular Council Meeting of October 21, 1998 On a motion by Duggan, seconded by Laura, it was RESOLVED, that the Council hereby determines to reconsider the first resolution proposed with respect to Petition 98-8-8-25 A roll call vote was taken on the motion to reconsider with the following result: AYES Brosnan, Duggan, Laura, and Engebretson. NAYS Walsh and Pastor The President declared the motion to reconsider adopted. On a motion by Duggan, seconded by Laura, it was. 31228 #735-98 RESOLVED, that having considered a communication from the City Planning Commission, dated August 27, 1998, approved for submission by the Mayor, which transmits its resolution 8-134-98 adopted on August 25, 1998, with regard to Petition 98-8-8-25 submitted by Seigfreid, Edwards & Associates, on behalf of Walgreens, requesting site plan approval in connection with a proposal to construct a commercial building located at 8850 Newburgh in the Southwest 1/4 of Section 32, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 98-8-8-25 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet CO 1 by Seigfreid, Edwards & Associates, as received by the Planning Commission on July 29, 1998, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet AO 1 prepared by Seigfreid, Edwards & Associates, as received by the Planning Commission on July 29, 1998, is hereby approved and shall be adhered to, except for the fact that trees must have a minimum diameter of two (2") inches measured at a point one (1') foot above the base of the tree, 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 A2.1 prepared by Seigfreid, Edwards and Associates, as received by the Planning Commission on August 25, 1998, 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; 31229 9 That the protective wall shall be 7 feet in height on the east and north property lines, and 10 That no signs, either freestanding or wall mounted, are approved with this petition All such signage shall be separately submitted for review and approval by the Planning Commission and City Council - A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Duggan, Laura, and Engebretson NAYS Walsh and Pastor The President declared the resolution adopted On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was. #736-98 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Awrey Bakeries, Inc., dated August 24, 1998, covering new industrial facilities to be located within City of Livonia Industrial Development District No 5, 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 Awrey Bakeries, Inc., 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 on Wednesday, September 2, 1998, 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, Awrey Bakeries, Inc., 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 31230 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 Awrey Bakeries, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 5 for 10 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 Facility 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 facility exemption certificates. A communication from Awrey Bakeries, Inc., dated September 8, 1998, re agreeing to discontinue storing trailers in the first paved area west of Farmington Road, south of the entrance off Farmington Road, 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 #737-98 RESOLVED, that having received an Application for an Industrial Facilities Exemption Certificate from Ford Motor Land Services Corporation, dated July 6, 1998, covering new industrial facilities to be located within City of Livonia Industrial Development District No 1, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation William Bartling, Tax Counsel for Ford Motor Company, stated he had some difficulty with some of the language in the standard Letter of Agreement the City requires for industrial facilities exemptions, and stated there should be some flexibility with regard to this matter The proposed Letter of Agreement between the City of Livonia and Ford Motor Company, received on September 16, 1998, with respect to their Application for 31231 an Industrial Facilities Exemption Certificate was received and placed on file for the information of the Council A communication from the Department of Law, dated September 22, 1998, re Letter of Agreements in connection with the City's October, 1997 Policy - Statement with respect to Act 198 Tax Abatements was received and placed on file for the information of the Council (CR 917-97) A communication from the Department of Finance, dated September 18, 1998, re delinquent false alarm balance pertaining to Ford Motor Company 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 #738-98 RESOLVED, that having considered a communication from the City Planning Commission, dated June 12, 1998, which sets forth its resolution 6-84-98, adopted on June 9, 1998, with regard to Petition 98-4- 1-8, submitted by Carl Creighton on behalf of Ronald Borkowski, for a change of zoning of property located on the southwest corner of Clarita and Brentwood Streets in the Northwest 1/4 of Section 12, from RUF to R- 1, and the Council having conducted a public hearing with regard to this matter on September 2, 1998, pursuant to Council Resolution 505-98, the Council does hereby concur in the recommendation of the Planning Commission and Petition 98-4-1-8 is hereby denied for the following reasons. 1 That the proposed change of zoning is inconsistent with the prevailing RUF zoning in the area, 2. That the proposed change of zoning will provide for lot sizes which are inconsistent with the majority of the existing lots in this general area, 3 That the proposed change of zoning is incompatible to and not in harmony with the general character of the area, 4 That the proposed change of zoning is not necessary for the continued use of the subject property for residential purposes, and 31232 5 That the proposed change has a potential to open the neighboring area to additional rezoning proposals and thereby downgrading the neighborhood to lower housing classifications A communication from Carl V Creighton, Brashear, Tangora and Spence, LLP, attorney for the petitioner, dated September 8, 1998, re stating that the - requested rezoning of Petition 98-4-1-8 would not be inconsistent with the general character of the area was received and placed on file for the information of the Council A communication from the Planning Department, dated September 21, 1998, re indicating a valid protest exists with respect to Petition 98-4-1-8, which would require a three-fourths majority vote of the Council to approve this rezoning, 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 #739-98 RESOLVED, that having considered a communication from the City Planning Commission, dated June 25, 1998, which transmits its resolution 6-106-98 adopted on June 23, 1998, with regard to Petition 98- 5-8-15 submitted by A.D I Realty, Inc. on behalf of Arbor Drugs, requesting site plan approval in connection with a proposal to construct a retail store on property located at 29500 Five Mile Road in the Southwest 1/4 of Section 14, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, and the Council having conducted a public hearing with regard to this matter on September 2, 1998, pursuant to Council Resolution 542-98, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation Gary Adams, representing Arbor Drugs, stated he agreed to go to Committee, but requested this matter be scheduled as soon as possible On a motion by Walsh, seconded by Laura, and unanimously adopted, it was. #740-98 RESOLVED, that the Council does hereby refer the subject of economic development consultation and the appropriate format for requesting information on economic development from the Economic Development Manager to the Legislative Committee for its report and recommendation, FURTHER, the Council does hereby request that the 31233 Economic Development Manager and the Livonia Chamber of Commerce Economic Development Coordinator be invited to attend such meeting A communication from the Planning Department, dated September 3, 1998, re a City of Livonia pharmacy survey was received and placed on file for the information of the Council (Petition 98-5-8-15) A communication from the Economic Development Manager, dated September 8, 1998, re a building occupancy study relative to Petition 98-5-8-15 was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was. #741-98 RESOLVED, that having considered a communication from Jabbour & Associates, dated July 1, 1998, which in accordance with the provisions of Section 19 08 of Ordinance No 543, as amended, the Zoning Ordinance takes an appeal from a determination made on June 23, 1998, by the City Planning Commission in its resolution 6-103-98 adopted on June 23, 1998, with regard to a revision to Petition 87-4-8-14 submitted by Jabbour & Associates requesting approval of all plans required by Section 18 58 for the construction of an office building on property located at 9130 Middlebelt Road in the Southwest 1/4 of Section 36, and the Council having conducted a public hearing with regard to this matter on September 2, 1998, pursuant to Council Resolution 567-98, the Council does hereby concur in the recommendation of the Planning Commission and revision to Petition 87-4-8-14 for outside storage of trash is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTIONS (b), (c), (d), (e) AND (j) OF SECTION 18 42A TO ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 98-4-6-2) L 31234 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 On a motion by Duggan, seconded by Brosnan, and unanimously - adopted, it was #742-98 RESOLVED, that having considered a letter from the National League of Cities, dated August 31, 1998, with regard to the Annual Business Meeting to be held in Kansas City, Missouri, on December 1 - 5, 1998, the Council does hereby designate Joe Laura as the Official Representative and Voting Delegate of the City of Livonia at the Annual Meeting and does further delegate Joan McCotter as the alternate; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #743-98 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 26, 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 the donation of$500 00 in Farmer Jack food certificates from the Kiwanis Early Risers to the Community Resources Department to be used as indicated in the aforesaid communication. On a motion by Laura, seconded by Duggan, and unanimously adopted, it was #744-98 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 On a motion by Laura, seconded by Walsh, and unanimously adopted, it was: #745-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation and the Director of Public Works, dated September 18, 1998, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, wherein it is recommended that 31235 Council authorize the temporary use of an area within Bicentennial Park, north of the new Fire Station site, immediately south of the tennis courts, on the east side of Bicentennial Park Drive by John Carlo, Inc. for the period beginning September 24, 1998, through October 30, 1999, for a temporary concrete batch plant subject to the following conditions 1 Provide a Certificate of Insurance on all contractor operations, 2 Hold harmless the City and its agents for wrongdoings occurring on the site that are the direct result of the contractor's occupancy; 3 Grade and restore the site to its original condition, or better, directly upon the completion of activities, 4 Secure the site as directed by the Department of Parks and Recreation and the Department of Public Works, 5 Keep the premises dust free in accordance with the permit issued by the Wayne County Health Department Air Pollution Control Division, 6 Abide by all existing laws and regulations, both local and State, pertaining to erosion, siltation and pollution of water courses, 7 Abide by all local ordinances, 8 Repair any damage to Bicentennial Park Drive resulting from the truck traffic from the concrete batch plant operation, 9 Improve the Bicentennial comfort station parking lot by placing two 1-1/2" lifts of asphalt pavement, 10 Post a $25,000 00 cash bond or bank Letter of Credit with the City to assure completion of all of the City requirements of the temporary use of this property; and 11 Additional benefits to be identified by the City of Livonia administration prior to execution of the agreement. the Council does hereby concur in and approve of such action. During the audience communication portion of the meeting, Bill Fried, 16009 Riverside, stated there are many clashes between what the developers want and what the residents want. He suggested a new Master Plan be developed, and referenced an article in The Detroit News (9/23/98, page 1A & 1B) with regard to this subject matter 31236 Councilmember Pastor wished his sister-in-law a quick recovery from the L birth of his nephew, and again voiced his congratulations to the new parents. On a motion by Duggan, seconded by Brosnan, and unanimously adopted, this 1,377th Regular Meeting of the Council of the City of Livonia was adjourned at 1007 p m., September 23, 1998 d.«,: / J :n McCotter, City Clerk