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HomeMy WebLinkAboutCOUNCIL MINUTES 1998-02-11 30744 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SIXTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 11, 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, Val I Vandersloot, John R. Pastor, Joe Laura, and Jack Engebretson. Absent: Brian Duggan (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, Michael T Slater, Director of Finance, and Kevin Roney, Public Utility Manager On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was #100-98 RESOLVED, that the minutes of the 1,361st Regular Meeting of the Council of the City of Livonia, held January 28, 1998, are hereby approved as submitted No one from the audience spoke at this time Councilmember Brosnan congratulated Councilmember Duggan on the success of the fund-raising event recently held for First Step The Council President apologized for any misunderstanding he may have caused with respect to Council procedures re the Plymouth Road Development Authority bond financing matter 30745 Additionally, City Clerk Joan McCotter announced the results of the Special Primary Election, held February 10, 1998, with respect to the vacancy in the office of Wayne County Commissioner for the 9th District. A communication from the Engineering Division, dated February 6, 1998, re status of the Hillcrest Court Development Project, at Five Mile and Spanich Court, on the east side of Kroger, was received and placed on file for the information of the Council A communication from the Engineering Division, dated February 4, 1998, re additional information on the 1997 Sidewalk Program, Contract 97-J, Single Lot Assessments, was received and placed on file for the information of the Council (Consent Agenda Item #10) A communication from Cheryl L. Lemieux, dated February 3, 1998, re additional information on Petition 97-12-8-24 by Woodhaven of Livonia to construct a senior housing facility at 29778 Wentworth Avenue was received and placed on file for the information of the Council (Consent Agenda Item #11) On a motion by Brosnan, seconded by Walsh, it was #101-98 RESOLVED, that having considered a letter from the President of Hearts of Livonia, dated December 29, 1997, the Council does hereby determine as follows 1 That Hearts of Livonia is a worthy non-profit charity in the community; 2 That the City of Livonia shall be one of the co-sponsors of the 1998 Golf Day Benefit; 3 That Hearts of Livonia is hereby granted approval to use the Whispering Willows, Fox Creek and Idyl Wyld Municipal Golf Courses on Wednesday, August 26, 1998, for the 21st annual golf outing, and 30746 4 That Hearts of Livonia is hereby granted approval to display banners on Five Mile and Farmington Roads from August 1, 1998, through August 31, 1998, at no additional cost to Hearts of Livonia, which signs shall be removed by September 1, 1998 #102-98 RESOLVED, that having considered a communication from the Public Utility Manager, the Director of Public Works, and the Chairman of the Water and Sewer Board, dated January 12, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting an additional appropriation for the City's share of the final project costs for the Inkster Road Water Main Project between Seven Mile and Grand River Avenue, previously authorized pursuant to Council Resolution 367-95, the Council does hereby refer this item to the Water, Sewer and Waste Committee for its report and recommendation #103-98 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 4, 1997, and the report and recommendation of the Chief of Police, dated January 20, 1998, approved for submission by the Mayor, in connection therewith, the Council does hereby determine that it has no objection to and does recommend approval of the request from Costco Wholesale Corporation for a new SDM license to be located at 20000 Haggerty 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 #104-98 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 4, 1997, and the report and recommendation of the Chief of Police, dated January 20, 1998, approved for submission by the Mayor, in connection therewith, the Council does hereby determine that it has no objection to and does recommend approval of the request from Costco Wholesale Corporation for a new SDM license to be located at 13700 Middlebelt Road, Livonia, Michigan 48150-2215, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #105-98 RESOLVED, that having considered a communication from the Department of Law, dated January 6, 1998, submitted pursuant to Council Resolution 978-97, transmitting for Council acceptance a Warranty Deed dated December 11, 1997, executed by Adele Avolio, conveying to the City certain property described as follows The South 60 feet of the following parcel of land The West 140 feet of the South 300 feet of the following described parcel that part of the Southwest 1/4 of Section 4, described as 30747 beg at a point at the South line of said Section dis North 89°57'40" West 962.56 feet from the South 1/4 corner of Section 4 and proc thence North 00°11'07" East 1,320 0 feet, thence North 89°57'40" West 165 0, thence South 00'11'07" West 1,320 0 feet to the South line of Section 4, thence South 89°57'40" East along said line 165 0 ft to the POB 0 96 acre (34750 Seven Mile Road; Tax ID No 015-99-0016-000) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty 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, and FURTHER, that the Mayor and City Clerk are authorized to execute a Quit Claim Deed conveying the above-described property to the County of Wayne in a form to be approved by the Department of Law #106-98 RESOLVED, that having considered a communication from the Department of Law, dated January 19, 1998, submitted pursuant to Council Resolution 742-97, transmitting for Council acceptance a Warranty Deed dated October 21, 1997, executed by Gaetano and Lina Fortuna, conveying to the City certain property described as follows. The South 60 feet of the following parcel of land: Part of the Southwest 1/4 of Section 4, T 1 S , R. 9 E , described as beg at a point on the South line of said Section 4, South 89°59'37" West 632 56 feet from the South 1/4 Corner Section 4, thence South 89°59'37" West 84 0 feet, thence North 00°10'55" East 330 0 feet to the south line of Bicentennial Estates Sub L99, P77-80, thence North 89°59'37" East 84 0 feet, thence South 00°10'55" West 330 0 feet to POB 63 ac Subject to easements of record (34680 Seven Mile Road right-of-way, Tax ID No 015-99-0019-003) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty 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, and FURTHER, that the Mayor and City Clerk are authorized to execute a Quit Claim Deed conveying the above-described property to the County of Wayne in a form to be approved by the Department of Law #107-98 RESOLVED, that having considered a communication from the Department of Law, dated January 15, 1998, submitted pursuant to Council Resolution 883-97, transmitting for Council acceptance a Warranty Deed dated December 3, 1997, executed by Raymond Kyrda, conveying to the City certain property described as follows That part of the Southwest 1/4 of Section 5, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan described as 30748 beginning at a point south 89 degrees 14 minutes 30 seconds east, lbw 1893 13 feet and north 00 degrees 22 minutes 00 seconds east, 33 00 feet from the Southwest 1/4 corner of Section 5, thence north 00 degrees 22 minutes 00 south east, 105 00 feet, thence south 89 degrees 14 minutes 30 seconds east, 55 00 feet, thence south 38 degrees 53 minutes 10 seconds east, 72.70 feet; thence south 00 degrees 22 minutes 00 seconds west, 49 02 feet; thence north 89 degrees 14 minutes 30 seconds west, 101 00 feet to the Point of Beginning together with a 15 foot easement running along the west line of the above described property, which easement may be used by the grantee, its heirs, administers, successors and assigns for the purposes of ingress and egress to the above described property The center line of said easement being described as beginning at the southwest corner of Section 5, thence south 89 degrees 14 minutes 30 seconds east along the south line of said Section 5, 1885 63 feet to a point; thence north 0 degrees 22 minutes 00 seconds east, 33 feet to a point; said point being the north right-of-way line of Seven Mile Road and the Point of Beginning of said center line, thence north 0 degrees 22 minutes 0 seconds east, 105 feet. This easement is not an exclusive easement for said grantee, but may also be used by the grantors and other persons for the purpose of having access to the land located to the north of the above described parcel Tax Identification Number 019-99-0016-003 the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty 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, and FURTHER, that the Mayor and City clerk are authorized to execute a Quit Claim Deed conveying the south 60 feet of the above- described property to the County of Wayne in a form to be approved by the Department of Law #108-98 RESOLVED, that having considered a communication from the Department of Law, dated January 6, 1998, submitted pursuant to Council Resolution 977-97, transmitting for Council acceptance a Warranty Deed dated December 11, 1997, executed by Adele Avolio, conveying to the City certain property described as follows The South 60 feet of the following parcel of land. Part of the Southwest 1/4 of Section 4, T 1 S , R. 9 E., beginning North 89°57'40" West 962 56 feet from the South 1/4 corner of Section 4, thence North 0°11'07" East 330 feet, thence North 89°5T40" West 165 feet, thence South 0°11'07" West 330 feet, thence South 89°57'40" East 165 feet to the P 0 B except the 30749 West 140 feet of the South 300 feet. 0 29 Acres (34752 Seven Mile Road, Tax ID No 015-99-0017-001) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty 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, and FURTHER, that the Mayor and City Clerk are authorized to execute a Quit Claim Deed conveying the above-described property to the County of Wayne in a form to be approved by the Department of Law #109-98 RESOLVED, that having considered a communication from the Department of Law, dated January 19, 1998, submitted pursuant to Council Resolution 1008-97, transmitting for Council acceptance a Warranty Deed dated January 15, 1998, executed by Albert F and Virginia D Shay, individually and on behalf of their respective revocable trusts, and Terrence R. Shay, conveying to the City certain property described as follows: The North 60 feet of the following parcel of land: That part of the Northeast 1/4 of Section 8, described as beginning at a point on the North line of said section distant North 89°44'10" East 1058 50 feet from the North 1/4 corner of Section 8 and proceeding thence North 89°44'10" East along said line 150 0 feet; thence South 0°09'30" East 580 80 feet; thence South 89°44'10" West 150 0 feet; thence North 0°09'30" West 580 80 feet to the point of beginning Part of parcel 029-99-0025-000 (36235 Seven Mile Road ) Vacant land the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty 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, and FURTHER, that the Mayor and City Clerk are authorized to execute a Quit Claim Deed conveying the above-described property to the County of Wayne in a form to be approved by the Department of Law #110-98 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 21, 1998, approved by the Director of Public Works and approved for submission by the Mayor, regarding replacement and/or construction of new sidewalks in the City of Livonia pursuant to the 1997 Sidewalk Repair Program at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution 232-97, and in accordance with the provisions of Section 12 04 340 of Title 12, Chapter 04 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all 30750 property owners in the amounts listed above in accordance with Section 3 08.150 of Title 3, Chapter 08 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of lbw Wednesday, April 22, 1998, at 8 00 p m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution #111-98 RESOLVED, that having considered a communication from the City Planning Commission, dated January 20, 1998, which transmits its resolution 1-02-98 adopted on January 13, 1998, with regard to Petition 97-12-8-24 submitted by Woodhaven of Livonia, requesting site plan approval in connection with a proposal to construct a senior housing facility on property located at 29778 Wentworth Avenue in the Southeast 1/4 of Section 14, pursuant to the provisions set forth in Section 18.58 of Ordinance No 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. #112-98 RESOLVED, that having considered a communication from the City Planning Commission, dated January 20, 1998, which transmits its resolution 1-05-98 adopted on January 13, 1998, with regard to Petition 97-12-8-25 submitted by Neumann Smith & Associates, Inc. requesting site plan approval in connection with a proposal to construct an office building on property located at 38699 Seven Mile Road in the Northwest 1/4 of Section 7, 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 97-12-8-25 is hereby approved and granted, subject to the following conditions. 1 That the Site Plan marked Sheet SPA-1 prepared by Neumann Smith & Associates, Inc. dated December 22, 1997, is hereby approved and shall be adhered to, 2 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 steel enclosure gates shall be maintained and, when not in use, closed at all times, 3 That the Landscape Plan marked Sheet LP 1 prepared by Neumann Smith & Associates, Inc. dated December 23, 1997, is hereby approved and shall be adhered to, 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 30751 5 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 allow permanently maintained in a healthy condition, and 6 That the Exterior Elevation Plans marked Sheets SPA-5 and SP-6 prepared by Neumann Smith & Associates, Inc., as received by the Planning Commission on January 13, 1998, are hereby approved and shall be adhered to #113-98 RESOLVED, that having considered a communication from the City Planning Commission, dated January 21, 1998, which transmits its resolution 1-06-98 adopted on January 13, 1998, with regard to Petition 97-12-8-26 submitted by Laurel Manor requesting site plan approval in connection with a proposal to construct additions to both the banquet facility and wedding chapel on property located at 39000 Schoolcraft Road in the Southwest 1/4 of Section 19, 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 97-12-8-26 is hereby approved and granted, subject to the following conditions 1 That the Exterior Elevation Plan marked Sheet A-3 prepared by Donato Associates, Inc., in connection with the banquet facility addition as received by the Planning Commission on December 22, 1997, is hereby approved and shall be adhered to, 2. That the Exterior Elevation Plan in connection with the wedding chapel addition, as received by the Planning Commission on January 6, 1998, is hereby approved and shall be adhered to, and 3. That the building materials of the two new additions shall match the building material of the buildings they are being attached to so that, upon completion, the structures shall look as if they were constructed at one time A communication from the Chairperson of the Cable Television Commission, dated January 16, 1998, re a technical audit of the Time Warner Cable System conducted by Rice, Williams Associates was received and placed on file for the information of the Council (CR 528-97) � #114-98 RSOhaving LVED that considered a communication from the Chairperson of the Cable Television Commission, dated January 16, 1998, approved by the Director of Community Resources and approved 30752 for submission by the Mayor, transmitting a copy of Resolution 260-97 adopted by the Cable Commission on January 8, 1998, and to which is attached a copy of the Technical Audit of the Time Warner Cable System performed by Rice, Williams Associates, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. #115-98 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, March 30, 1998, at 7 00 p m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item. Petition 97-12-6-8, submitted by the City Planning Commission, pursuant to Council Resolution 518-97, to determine whether or not to amend Article V and Article VI of the Zoning Ordinance to amend the RUE district and to add a new SE zoning district, the City Planning Commission in its resolution 1-10-98 having recommended to the City Council that Petition 97-12-6-8 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Brosnan, Walsh, Vendersloot, Pastor, Laura, and Engebretson NAYS None. 30753 A communication from the Engineering Division, dated January 23, 1998, re the establishment of a street replacement and/or repair program was received and placed on file for the information of the Council (CR 600-90) On a motion by Laura, seconded by Pastor, and unanimously adopted, it was. #116-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated January 27, 1998, submitted pursuant to Council Resolution 970-92, in connection with the possibility of converting Fox Road, located north of Six Mile Road, from a private road to a public street, the Council does hereby determine to take no further action with respect to this item. A communication from the Engineering Division, dated February 3, 1998, re standing water and/or storm sewer problems on Merriman Road, between Six and Seven Mile Roads, was received and placed on file for the information of the Council. A communication from the Engineering Division, dated February 9, 1998, re a pedestrian/vehicular traffic survey for the south side of Seven Mile Road, from Canterbury Drive to Merriman Road, was received and placed on file for the information of the Council A communication from Kathryn and William Lynch, dated February 10, 1998, re the installation of sidewalks on Merriman Road, between Six and Seven Mile Roads, was received and placed on file for the information of the Council (CR 497-95) On a motion by Laura, seconded by Pastor, it was RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated January 27, 1998, submitted pursuant to Council Resolution 496-95, regarding the possibility and/or feasibility of the installation of sidewalks on the west side of Merriman Road from Pickford north to Seven Mile Road and/or from Canterbury to Merriman Road, or other possible alternatives to ensure access, the Council does hereby determine to take no further action with respect to this matter 30754 A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Pastor, and Engebretson NAYS Brosnan, Walsh, and Laura. The President declared the resolution denied On a motion by Laura, seconded by Pastor, it was' RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated January 27, 1998, submitted pursuant to Council Resolution 497-95, regarding the possibility and/or feasibility of the installation of sidewalks along Merriman Road from Bobrich to Six Mile Road, or other possible alternatives to ensure access, 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 Vandersloot, Pastor, and Engebretson. NAYS Brosnan, Walsh, and Laura. The President declared the resolution denied On a motion by Laura, it was RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated January 27, 1998, submitted pursuant to Council Resolution 496-95, regarding the possibility and/or feasibility of the installation of sidewalks on the west side of Merriman Road from Pickford north to Seven Mile Road and/or from Canterbury to Merriman Road, or other possible alternatives to ensure access, the Council does hereby determine to install sidewalks on both sides of Merriman between Six and Seven Mile Roads The foregoing motion failed for lack of support. Diamond Kapsalis, representing the properties at 31445 and 31405 W Seven Mile, indicated her opposition to sidewalks being installed in high traffic areas She stated that, according to Police reports, 436 accidents occurred at the intersection of Seven Mile and Merriman last year Pat Hensen also addressed this matter She requested that residents along Merriman be informed of the next meeting on this subject matter 30755 On a motion by Laura, seconded by Brosnan, it was RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated January 27, 1998, submitted pursuant to Council Resolution 496-95, regarding the possibility and/or feasibility of the installation of sidewalks on the west side of Merriman Road from Pickford north to Seven Mile Road and/or from Canterbury to Merriman Road, or other possible alternatives to ensure access, the Council does hereby refer the matter of possible sewer problems in the area of Merriman Road between Bobrich and Six Mile Road to the Engineering Division for a report and recommendation. Laura and Brosnan withdrew their motion on the foregoing resolution. On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was: #117-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated January 27, 1998, submitted pursuant to Council Resolution 496-95, regarding the possibility and/or feasibility of the installation of sidewalks on the west side of Merriman Road from Pickford north to Seven Mile Road and/or from Canterbury to Merriman Road, or other possible alternatives to ensure access, the Council does hereby refer the subject of whether bicycle riding on sidewalks is prohibited by ordinance to the Department of Law for a report and recommendation. On a motion by Laura, seconded by Brosnan, it was #118-98 RESOLVED, that having considered the report and recommendation of the Streets, Roads, and Plats Committee, dated January 27, 1998, submitted pursuant to Council Resolution 496-95, regarding the possibility and/or feasibility of the installation of sidewalks on the west side of Merriman Road from Pickford north to Seven Mile Road and/or from Canterbury to Merriman Road, or other possible alternatives to ensure access, the Council does hereby refer the matter of the possible installation of sidewalks on the south side of Seven Mile Road between Canterbury and Merriman Roads to the Engineering Division for a report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Walsh, Pastor, and Laura. lbw NAYS Vandersloot and Engebretson. 30756 The President declared the resolution adopted On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was. #119-98 RESOLVED, that having considered a communication from the Department of Law, dated January 26, 1998, approved for submission by the Mayor, with respect to a request from the Sideline Bar and Restaurant for the installation of a suspended ceiling for the business located at the Fox Creek Golf Course, 36000 Seven Mile Road, Livonia, Michigan, and a communication from the Director of Finance, dated January 28, 1998, approved for submission by the Mayor, regarding the funding of same, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation. A communication from the Public Service Division, dated February 9, 1998, re: additional information on the request by the Sideline Bar & Restaurant for installation of a suspended ceiling was received and placed on file for the information of the Council The Transfer and Assignment of Interest in Sublease Agreement for the Fox Creek Clubhouse Restaurant, entered into the 19th day of January, 1995, between the City of Livonia and J T L. Incorporated and B J 's of Michigan, Inc. was received and placed on file for the information of the Council Vice President Walsh left the podium at 8 35 p m due to a conflict of interest on the next Agenda item A communication from the Department of Law, dated February 10, 1998, re a tower study that was conducted by AT&T Wireless Services, dated December 8, 1997, was received and placed on file for the information of the Council A communication from the Department of Law, dated February 9, 1998, re payment made for relocation of existing cellular tower antennaes in other municipalities was received and placed on file for the information of the Council 30757 A communication from AT&T Wireless Services, dated January 29, 1998, re forwarding a check for the annual rent at 15080 Farmington Road was received and placed on file for the information of the Council A report prepared by the Planning Department, dated February 4, 1998, re Cellular Towers was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Laura, it was. RESOLVED, that having considered a communication from the Department of Law, dated January 23, 1998, approved for submission by the Mayor, regarding a proposed modification of the lease agreement between the City of Livonia and AT&T Wireless Services for the space on the cellular tower antennae at the Livonia Police Station site to allow AT&T Wireless Services to place its antennae at a higher level on the tower, the Council does hereby approve the proposed modification of the lease agreement, subject to approval as to form by the Department of Law, to allow AT&T Wireless Services to place its antennae at the 145' to 155' level (as opposed to the current 100' level) subject to payment by AT&T Wireless Services to the City of a one-time fee of$25,000 00 with the 3rd, 4th and 5th years of the lease open for re-negotiation; and the Mayor and City Clerk are hereby authorized to execute the necessary amendatory agreement for and on behalf of the City of Livonia with AT&T Wireless Services, and to do all other things necessary or incidental to the full performance of this resolution On a motion by Laura, seconded by (none) , it was. RESOLVED, that the Council does hereby call the previous question and end debate A roll call vote was taken on the motion to call the previous question with the following result: AYES Brosnan, Vandersloot, Pastor, Laura, and Engebretson NAYS None The President declared debate ended. A roll call vote was then taken on the aforementioned resolution with the following result: AYES Brosnan and Laura. 30758 NAYS Vandersloot, Pastor, and Engebretson The President declared the resolution denied On a motion by Brosnan, seconded by Laura, it was RESOLVED, that having considered a communication from the Department of Law, dated January 23, 1998, approved for submission by the Mayor, regarding a proposed modification of the lease agreement between the City of Livonia and AT&T Wireless Services for the space on the cellular tower antennae at the Livonia Police Station site to allow AT&T Wireless Services to place its antennae at a higher level on the tower, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan and Laura. NAYS Vandersloot, Pastor, and Engebretson. The President declared the resolution denied. On a motion by Vandersloot, seconded by Pastor, it was. #120-98 RESOLVED, that having considered a communication from the Department of Law, dated January 23, 1998, approved for submission by the Mayor, regarding a proposed modification of the lease agreement between the City of Livonia and AT&T Wireless Services for the space on the cellular tower antennae at the Livonia Police Station site to allow AT&T Wireless Services to place its antennae at a higher level on the tower, the Council does hereby approve the proposed modification of the lease agreement, subject to approval as to form by the Department of Law, to allow AT&T Wireless Services to place its antennae at the 145' to 155' level (as opposed to the current 100' level) subject to payment by AT&T Wireless Services to the City of a one-time fee of$15,000 00; FURTHER, the Council does hereby authorize an appropriation in the amount of$7,500 00 from Account No 101-707-974-000, Parks and Recreation - Capital Outlay, for purchase of playground equipment at Ben Celani Park and an appropriation of $7,500 00 from Account No 101-304- 987-000, Police Administration - Capital Outlay, for purchase of improvements to the Police gun range, and the Mayor and City Clerk are hereby authorized to execute the necessary amendatory agreement for and on behalf of the City of Livonia with AT&T Wireless Services, and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: 30759 AYES Vandersloot, Pastor, and Engebretson. NAYS Brosnan and Laura. The President declared the resolution adopted. Councilmember Laura questioned the vote outcome and the Chair made a ruling that the resolution passed 3-2 On a motion by Laura, seconded by (none) , it was RESOLVED, that the Council does hereby appeal the ruling of the Chair on the aforementioned resolution. The President relinquished the Chair to Councilmember Brosnan at 8.55 p.m. A roll call vote was taken with respect to the appeal with the following result: AYES Laura. NAYS Engebretson, Vandersloot, Pastor, and Brosnan. Councilmember Brosnan declared the appeal denied. Vice President Walsh returned to the podium at 8.58 p m. The President resumed the Chair at 8.58 p m A communication from the Engineering Division, dated February 6, 1998, re additional information on the award of the bid for the Fitzgerald Avenue Creek Enclosure (Contract 97-S) was received and placed on file for the information of the Council On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was #121-98 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 12, 1998, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Troelsen Excavating Co , 1395 Rochester Road, Troy, Michigan 48083, for completing all work required in connection with the Fitzgerald Avenue Creek Enclosure Project 30760 (Contract 97-S) for the estimated total cost of$23,000 00 based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize an appropriation in the amount of$23,000 00 for this project from the Unexpended Fund Balance of the Drain Construction Fund (No 465) with the provision that $9,200 40 be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are available from a future special assessment bond issue, 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 A communication from the Engineering Division, dated February 4, 1998, re additional information pertaining to the agreement between MDOT, Wayne County and the City for the widening and surfacing of Haggerty Road from Five Mile to Six Mile Roads and the widening of Haggerty Road from Seven Mile to Base Line Roads, including the construction of sidewalks in these areas, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was #122-98 RESOLVED, that having considered a communication from the City Engineer, dated January 22, 1998, which bears the signature of the Director of Finance, is approved by the Director of Public Works, approved as to form by the City Attorney, and approved for submission by the Mayor, and to which is attached a proposed agreement between the City of Livonia, the Michigan Department of Transportation and Wayne County for the improvement of Haggerty Road between Five and Six Mile Roads and Seven Mile and Baseline Roads together with sidewalk construction, the proposed cost being estimated at $1,904,630 00, with the City's share estimated to be $63,446 00; the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement in the manner and form herein submitted, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of$31,361 00 from the General Obligation Road Improvement Bond Issue for the road construction and does further authorize an advance of $32,085 00 from the General 30761 Obligation Road Improvement Bond Issue for this purpose with the provision that the bond issue be reimbursed from the sidewalk portion of the project which is to be financed by special assessment at such time as funds are received from the payment of bills by affected property owners, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreement, to the Wayne County Department of Public Services, Division of Engineering. On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was. #123-98 RESOLVED, that having considered a communication from the Department of Law, dated February 2, 1998, approved for submission by the Mayor, to which is attached a proposed agreement (as revised) between the City of Livonia and Community Emergency Medical Service, 25400 West Eight Mile, Southfield, Michigan 48034, for providing advanced life support services for a period not less than ten (10) months and no longer than eighteen (18) months from the date of execution of the agreement, the Council does hereby approve this agreement in the manner and form herein submitted; and the Mayor and City Clerk are hereby authorized to execute this agreement, for and on behalf of the City of Livonia, with the aforesaid company and to do all things necessary or incidental to the full performance of this resolution On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was: #124-98 RESOLVED, that having considered a communication dated December 4, 1997, from Sign Art, Inc , and a communication from the City Planning Commission dated December 9, 1997, which transmits its resolution 11-192-97, adopted on November 25, 1997, with regard to a Sign Permit Application, submitted by Sign Art on behalf of Rite Aid, requesting approval for signage for the store located at 37355 Eight Mile Road in the Northwest 1/4 of Section 5, and the Council having conducted a public hearing with regard to this matter on February 2, 1998, pursuant to Council Resolution 1035-97, the Council does hereby concur in the recommendation of the City Planning Commission and does hereby deny the said Sign Permit Application for the following reasons. 1 That the applicant has failed to comply with all the requirements outlined in 18 05H of the Zoning Ordinance, 2. That the applicant has failed to justify the need for any excessive signage for this location over what is permitted by the sign ordinance, 30762 3 That approving this sign request would set an undesirable 4 precedent for the area, That because this site is located on the north border of Livonia, approving this additional signage would not be aesthetically in the City's best interest; 5 That the original site plan approved signage which was part of the basis for approval of the site plan. Ginni Cook, of Sign Art, spoke to the need of the requested signage. There was no audience communication at the end of the meeting. On a motion by Brosnan, seconded by Pastor, and unanimously adopted, this 1,362nd Regular Meeting of the Council of the City of Livonia was adjourned at 905 p m., February 11, 1998. Joan ficCot(er, ity lerk.