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HomeMy WebLinkAboutCOUNCIL MINUTES 1997-11-05 30551 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIFTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 5, 1997, 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 Feenstra delivered the invocation and said a prayer for the departed soul of City Treasurer Laura Toy's brother, Glen, who for almost 40 years was under the constant care of his family Visitation for Glen will be at the Harry J Will Funeral Home at Six Mile and Newburgh on Thursday, November 6, 1997, from 1.00 p m. until 9.00 p m., with a 1.00 p.m. funeral service on Friday Roll was called with the following result: Femon P Feenstra, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, Gerald Taylor, Brian Duggan, and Joe Laura. Absent: None. 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, Linda McCann, Director of Community Resources, Michael T Slater, Director of Finance, John Fegan, Director of Inspection, Robert J Beckley, Director of Public Works, Ronald J Engle, Fire Chief; and Jack Engebretson, Traffic Commission On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was. #885-97 RESOLVED, that the minutes of the 1,355th Regular Meeting of the Council of the City of Livonia, held October 22, 1997, are hereby approved as submitted. Council President Laura congratulated the new officials of the City who were elected on November 4, 1997, for terms commencing January 1, 1998 (City Clerk-Joan McCotter; City Treasurer- Laura M. Toy; City Council President- Jack Engebretson, City Council Vice President- John Walsh, Councilmember Brian Duggan, and Councilmember John R. Pastor) 30552 Councilmember Duggan congratulated all of the candidates who ran in the November 4, 1997, election No one from the audience spoke at this time On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was. #886-97 RESOLVED, that the Council does hereby refer to the Inspection Department for its report and recommendation the matter of an abandoned vehicle at Five Mile Road at the entrance to Coventry Gardens Subdivision, such report and recommendation to be submitted to Council prior to November 19, 1997 On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was. #887-97 RESOLVED, that the Council does hereby refer to the Inspection Department for its report and recommendation the subject of the blue neon signage on the Derby Bar, such report and recommendation to be submitted to Council prior to November 19, 1997 On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was: #888-97 RESOLVED, that the Council does hereby refer to the Department of Parks and Recreation for its report and recommendation the subject of the progress, or lack thereof, of the signage for Nature Preserves, such report and recommendation to be submitted to Council prior to November 19, 1997 A communication from the Engineering Division, dated October 28, 1997, re• status of the Hillcrest Court Development 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 October 28, 1997, re the construction/restoration status of the Edgewood Sanitary Sewer Replacement Project was received and placed on file for the information of the Council 30553 A communication from the Engineering Division, dated October 29, 1997, 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 Finance, dated October 20, 1997, re• forwarding various financial statements of the City of Livonia for the month ending September 30, 1997, was received and placed on file for the information of the Council At the direction of the Chair, Item Nos 11 and 17 were removed from the Consent portion of the Agenda. On a motion by Taylor, seconded by Brosnan, it was #889-97 RESOLVED, that having considered Petition 97-10-3-4, submitted by Brenda LeFebvre, 37604 Ann Arbor Road, Livonia, Michigan 48150, dated October 8, 1997, wherein a request is submitted for the vacating of the north 25 feet of Leon Avenue contiguous to Lot 30 in Horton's Newburgh Subdivision, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance #890-97 RESOLVED, that having considered Petition 97-10-3-4, submitted by Brenda LeFebvre, 37604 Ann Arbor Road, Livonia, Michigan 48150, dated October 8, 1997, wherein a request is submitted for the vacating of the north 25 feet of Leon Avenue contiguous to Lot 30 in Horton's Newburgh Subdivision, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation #891-97 RESOLVED, that having considered a communication from the City Assessor, dated October 20, 1997, approved for submission by the Mayor, with regard to a request from Raymond Amin, 34900 Norfolk, Livonia, Michigan 48152, 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 46 003 01 0447 001, 46 003 01 0447 002 and 46 003 01 0448 001 into four (4) parcels, the legal descriptions of which shall read as follows 30554 PARCEL A. The North 140 ft. of Lots 447A and 447B, and the North 162 ft. of Lot 448A of Supervisor's Livonia Plat No 7, T 1 S , R. 9 E., as recorded in L. 66, P 58, W C R. PARCEL B. The South 138 ft. of Lot 448A, of Supervisor's Livonia Plat No 7, T 1 S , R. 9 E , as recorded in L. 66, P 58, W C R. PARCEL C. The South 160 ft. of Lot 447B, also the West 14 00 ft. of the South 160 ft. of 447A of Supervisor's Livonia Plat No 7, T 1 S , R. 9 E , as recorded in L. 66, P 58, W C R. PARCEL D. The South 160 ft. of Lot 447A, except the West 14 00 ft. of the South 160 00 ft. of Lot 447A of Supervisor's Livonia Plat No 7, T 1 S , R. 9 E., as recorded in L. 66, P 58, W C R. 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, provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals #892-97 RESOLVED, that having considered a communication from the Director of Community Resources, dated October 9, 1997, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed amendment to the subcontract agreement between the City of Livonia and Growth Works, Inc. previously authorized by Council Resolution 495-97, which amendment would extend the agreement through November 30, 1997, and provide that the County of Wayne will reimburse the City of Livonia for Youth Assistance Program costs (including a youth employment program) up to a maximum of $31,467 00, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said amendment in the manner and form herein submitted, subject to approval as to form by the Department of Law #893-97 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated October 10, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which requests authorization to sell the following City vehicles and equipment, such authorization to be for a period of one year with respect to the following vehicles 30555 Vehicle Number Description Mileage 1 6 1985 Chevy Celebrity 66,448 2 18 1986 Chevy Cavalier 90,557 3 52 1981 Chevy Stake Truck 106,580 4 66 1982 GMC Stake Truck 93,396 5 67 1983 GMC Stake Truck 82,265 6 77 1985 GMC Pick-up 95,393 7 80 1979 Ford Hi-Cube Van 76,281 8 98 1958 REO 2-1/2 Ton Wrecker 119,722 9 204 1985 Chevy Hi-Cube Van 65,953 10 211 1986 Ford Bus 135,137 11 376 1984 Ford Pick-up 90,701 12 377 1984 Ford Pick-up 101,394 13 541 1987 Chevy Caprice 75,736 14 542 1987 Chevy Caprice 92,655 15 546 1987 Chevy Caprice 61,683 16 583 1990 Chevy Cavalier 62,147 17 607 1985 Dodge Pick-up 111,960 18 608 1985 Dodge Pick-up 88,757 and wherein the aforesaid vehicles would be delivered to Midwest Auto Auction and Service, Inc., 14666 Telegraph Road, Detroit, Michigan 48239, and said vehicles and equipment would be sold in accordance with the procedure detailed in the aforesaid communication, the Council does hereby concur in and approve of the recommended action. #894-97 RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 14, 1997, approved for submission by the Mayor, to which is attached a revised form of Application for Zoning Variance, the Council does hereby concur in the recommendation of the Department of Law and does hereby take this means to indicate its approval of the use of this form as part of the Zoning Board of Appeals application procedure #895-97 RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 14, 1997, approved for submission by the Mayor, to which is attached a revised form of Application for Zoning Variance, the Council does hereby refer the subject of the Application Form for Zoning Variances to the Committee of the Whole for its report and recommendation #896-97 RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 6, 1997, approved for submission by the Mayor and submitted pursuant to Council Resolution 681-97, regarding a request from Verne A. Wesman, 34277 Hathaway, Livonia, Michigan 48150, to purchase certain City-owned 30556 property located at 36413 Parkdale, the Council does hereby determine to deny this request for the reasons indicated in the aforementioned report and recommendation A communication from the Engineering Division, dated October 15, 1997, re administrative response to CR 802-97 - drainage complaints from residents on Ingram Avenue, north of Five Mile Road - was received and placed on file for the information of the Council #897-97 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 15, 1997, approved for submission by the Mayor, with respect to drainage complaints from residents on Ingram Avenue, north of Five Mile Road, the Council does hereby refer the matter of the recording of a 12' easement over the entire length of the drain located at the rear of 15416 Ingram, 15436 Ingram, 15500 Ingram and 15506 Ingram to the Department of Law and the Engineering Division for their reports and recommendations #898-97 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 15, 1997, approved for submission by the Mayor, with respect to drainage complaints from residents on Ingram Avenue, north of Five Mile Road, the Council does hereby refer the matter of the installation of a catch basin and 400 lineal feet of 12" diameter storm sewer located at the rear of 15416 Ingram, 15436 Ingram, 15500 Ingram and 15506 Ingram to the Engineering Division for its report and recommendation. #899-97 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 15, 1997, approved for submission by the Mayor, with respect to drainage complaints from residents on Ingram Avenue, north of Five Mile Road, the Council does hereby refer the matter of the re-installation of a culvert to its proper elevation located at 15416 Ingram to the Engineering Division for its report and recommendation. #900-97 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 17, 1997, which bears the signature of the Director of Finance, is approved by the Director of Public Works and the City Attorney, and is approved for submission by the Mayor, and a subsequent communication from the City Engineer, dated October 23, 1997, approved by the Director of Public Works and the City Attorney, and approved for submission by the Mayor, the Council does hereby authorize final payment in the amount of $25,370 54 to SBG Construction, Inc., 38272 Abruzzi Drive, Westland, Michigan 48185, in connection with the completion of the water main 30557 construction on Contract 96-N, FURTHER, the Council does hereby authorize G V Cement Contracting Co , 2000 Dix-Toledo Highway, Brownstown, Michigan 48183, to complete all landscaping and pavement restoration on Contract 96-N in the amount of$19,198 87, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $2,500 00 by the Engineering Division to resolve outstanding claims on this project; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $47,437 69 from the Construction-in-Progress Water Main Replacement Fund, Account No 592---/158-031 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 such action 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 140D1 of the Livonia Code of Ordinances, as amended. #901-97 RESOLVED, that having considered a communication from the City Planning Commission, dated October 20, 1997, which transmits its resolution 10-173-97 adopted on October 14, 1997, with regard to Petition 96-4-2-15 submitted by Walkon &Associates, requesting approval of a Landscape Plan in connection with this petition which received waiver use approval to construct a full service restaurant on property located at 19200 Haggerty Road in the Southwest 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and the Landscape Plan is hereby approved and granted, subject to the following conditions 1 That the Site Landscape Plan marked Sheet 1 dated August 22, 1997, as revised, prepared by Johnson Johnson & Roy Inc. is hereby approved and shall be adhered to, 2 That the Building Landscape Plan marked Sheet 2 dated August 22, 1997, prepared by Johnson Johnson & Roy Inc. 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 plant materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition #902-97 RESOLVED, that having considered a communication from the City Planning Commission, dated October 14, 1997, which transmits its resolution 9-164-97 adopted on September 30, 1997, in connection with Petition 97-2-2-4 submitted by Stuart Frankel, do Newburgh Plaza, 30558 requesting approval of the Landscape and Elevation Plans for a First Federal of Michigan bank, which received site plan approval during waiver use approval to expand an existing shopping center located on the south side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Northwest 1/4 of Section 17, the Council does hereby concur in the recommendation of the Planning Commission and the Landscape and Elevation Plans are hereby approved and granted, subject to the following conditions 1 That the Landscape Plan marked Sheet L-1, dated August 28, 1997, as revised, prepared by E. J Kleckner & Associates, is hereby approved and shall be adhered to, 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 That all 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, and 4 That the Exterior Elevation Plan marked Sheet P1, dated August 28, 1997, prepared by Siegal/Tuomaala Associates, is hereby approved and shall be adhered to #903-97 RESOLVED, that having considered a communication from the City Planning Commission, dated October 14, 1997, which transmits its resolution 9-156-97, adopted on September 30, 1997, with regard to Petition 97-8-2-19, submitted by Costco Companies, Inc., requesting waiver use approval to operate a full service restaurant within a major retail facility proposed to occupy an existing building located on the east side of Haggerty Road between Seven and Eight Mile Roads in the Northwest 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 97-8-2-19 is hereby approved and granted, subject to a limitation on the number of customer seats not to exceed a total of sixty (60) seats #904-97 RESOLVED, that having considered a communication from the City Planning Commission, dated October 14, 1997, which transmits its resolution 9-158-97, adopted on September 30, 1997, with regard to Petition 97-8-2-22, submitted by Costco Companies, Inc., requesting waiver use approval to operate a full service restaurant within a major retail facility proposed to occupy an existing building located on the east side of Middlebelt Road between Schoolcraft and Plymouth Roads in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 97-8-2-22 is hereby approved and granted, 30559 subject to a limitation on the number of customer seats not to exceed a total of sixty (60) seats #905-97 RESOLVED, that having considered a communication from the City Planning Commission, dated October 20, 1997, which transmits its resolution 10-172-97, adopted on October 14, 1997, with regard to Petition 97-8-2-23, submitted by the Salvation Army, requesting waiver use approval to operate a secondhand store within an existing building located on the north side of Plymouth Road between Sears Avenue and Merriman Road in the Southwest 1/4 of Section 26, which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. #906-97 RESOLVED, that having considered a communication from the Council President, dated October 20, 1997, to which is attached a proposed schedule of Council Study and Regular Meetings for the period January 1, 1998, through December 31, 1998, the Council does hereby approve the following dates for City Council Meetings for 1998, subject to change with notice Study Meetings Regular Meetings JANUARY Wednesday, January 7 1998 Wednesday, January 14 Wednesday, January 21 Wednesday, January 28 FEBRUARY Monday, February 2 1998 Wednesday, February 11 Wednesday, February 18 Wednesday, February 25 MARCH Monday, March 2 1998 Wednesday, March 11 Monday, March 16 Monday, March 23 APRIL Monday, March 30 1998 Wednesday, April 8 Monday, April 13 Wednesday, April 22 MAY Monday, April 27 1998 Wednesday, May 6 Monday, May 11 Wednesday, May 20 JUNE Monday, June 1 1998 Wednesday, June 10 Monday, June 15 Monday, June 22 JULY Monday, June 29 1998 Monday, July 6 Monday, July 13 Monday, July 20 30560 AUGUST Wednesday, July 22 1998 Monday, August 10 Monday, August 17 Monday, August 24 SEPTEMBER Monday, August 31 1998 Wednesday, September 9 Wednesday, September 16 Wednesday, September 23 OCTOBER Monday, September 28 1998 Wednesday, October 7 Monday, October 12 Wednesday, October 21 NOVEMBER Monday, October 26 1998 Wednesday, November 4 Monday, November 9 Wednesday, November 18 DECEMBER Monday, November 23 1998 Monday, December 7 Wednesday, December 9 Wednesday, December 16 #907-97 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated October 22, 1997, which bears the signature of the Director of Finance, is approved by the Fire Chief and the City Attorney, and is approved for submission by the Mayor, and a subsequent communication from the Director of Public Works and Fire Chief, dated October 24, 1997, which bears the signature of the Director of Finance, is approved by the City Attorney, and is approved for submission by the Mayor, to which is attached a site plan and conceptual design documents for the new Fire Station project to be located at the northeast corner of Bicentennial Drive and Seven Mile Road, as well as a proposed architectural design contract with Coquillard/Dundon/Peterson and Argenta, Inc., 3000 Town Center, Suite 1515, Southfield, Michigan 48075, the Council does hereby approve the site plan and schematic design as submitted, and does further approve the architectural design contract with Coquillard/Dundon/Peterson and Argenta, Inc., in an amount not to exceed $156,000 00; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $156,000 00 from Fire Station Improvement Fund No 457 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 the aforementioned contract 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, FURTHER, the Council does hereby authorize payment in the amount of$9,419 25 to Orchard, Hiltz & McCliment, Inc., 34935 Schoolcraft, Livonia, Michigan 48150, for completion of the engineering site survey for the proposed fire station and 30561 does hereby appropriate and authorize the expenditure of the sum of $9,419 25 from the Fire Construction Fund No 457 for this purpose #908-97 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Kelsey-Hayes, dated October 15, 1997, covering new industrial facilities to be located within City of Livonia Industrial Development District 46, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, December 15, 1997, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. 3 The Council hereby sets Monday, December 15, 1997, at 7 00 p m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application #909-97 RESOLVED, that having considered a communication from Peter J Albertson, Nordstrom Samson Associates, on behalf of First Federal of Michigan, dated October 17, 1997, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on October 14, 1997, by the City Planning Commission in its resolution 10- 170-97 with regard to Petition 97-2-8-1 submitted by First Federal of Michigan, requesting approval of all plans required by Section 18 58 of Zoning Ordinance #543 in connection with a proposal to erect an ATM and construct a new driveway for the bank located at 28999 Five Mile Road in the Northwest 1/4 of Section 24, the Council does hereby designate Monday, December 15, 1997, at 7 00 p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place 30562 thereof, in compliance with the requirements set forth in Ordinance No 543, as amended, the Zoning Ordinance of the City of Livonia. #910-97 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 Wednesday, December 10, 1997, at 7 00 p m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: Petition 97-9-1-14, submitted by Leo Soave for a change of zoning of property located on the west side of Farmington Road, south of Norfolk, in the Northeast 1/4 of Section 4, from RUFA to R-3, the City Planning Commission in its resolution 10-175-97 having recommended to the City Council that Petition 97-9-1-14 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 Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS None On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was: #911-97 RESOLVED, that having considered a communication from the City Planning Commission, dated October 14, 1997, which transmits its resolution 9-154-97, adopted on September 30, 1997, with regard to Petition 97-7-2-16, submitted by St. Mary's Antiochian Orthodox Church, requesting waiver use approval to construct a new church sanctuary on 30563 property located on the east side of Merriman Road between Curtis and Seven Mile Roads in the Northwest 1/4 of Section 11, which property is Li, zoned R3 and R5, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 97- 7-2-16 is hereby approved and granted, subject to the following conditions. 1 That the Site Plan dated October 9, 1997, as revised, prepared by Taweel Associates, which is hereby approved, shall be adhered to, 2. That the Building Elevations marked Sheets A-110, A-111, A-112 and A-113 dated October 14, 1997, prepared by Angelos Demetriou & Associates, which are hereby approved, shall be adhered to, 3 That a landscape plan shall be submitted to the Planning Commission for approval within 30 days of the date of approval of this petition by the City Council, 4 That handicapped parking be provided as required, 5 That new site lighting equipment shall be as specified in a letter dated September 11, 1997, from Taweel Associates, and L6 That the bell tower shall be no higher than 75 feet, plus an additional 10 feet for the cross The following individuals from the audience addressed this matter 1) David Cezon, 18531 Bainbridge - inquired as to the notification process and stated that none of the neighbors were aware of this proposed addition. He also raised various questions regarding traffic, the height of the tower, and the ringing of the bells, 2) James Peltier, Hillbrook- stated he was unaware of this proposal He also had questions regarding the tower height and the frequency of bell ringing, 3) Father George Shalhoub, 16821 Yorkshire - Pastor of St. Mary's He addressed some of the concerns raised at the meeting from the neighbors, and 4) Lami Taweel, architect for the project - addressed the lighting for the bell tower On a motion by Feenstra, seconded by McGee, it was. #912-97 RESOLVED, that the Council does hereby refer to the financial advisor, Richard Barch, for his report and recommendation the subject of the average cost to each homeowner of a $5 6 million bond issue to be utilized for the purchase of the Ward Evangelical Presbyterian 30564 Church property, said report to be referred back to the Capital Improvement Committee A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Duggan. NAYS Laura. The President declared the resolution adopted Communications from the Public Utility Manager and the Director of Public Works, dated October 9, 1997 and October 23, 1997, re. proposed water and sewer rate increases were received and placed on file for the information of the Council (CR 390-97) On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was. #913-97 RESOLVED, that having considered the reports and recommendations of the Water, Sewer and Waste Committee, dated October 15 and October 28, 1997, submitted pursuant to Council Resolution 754-97, the report and recommendation of the Water and Sewer Board, the Director of Public Works and the Public Utility Manager, dated August 15, 1997, approved by the Director of Finance and approved for submission by the Mayor, wherein it is recommended that the Council authorize increases in existing water and sewer rates, the Council does hereby request that the Department of Law prepare an appropriate ordinance amendment to the following sections of the Livonia Code of Ordinances for submission to Council. 1 Amend Title 13, Chapter 8, Section 040, to increase the water consumption rate from $10 38 to $11 05 (per 1000 cubic feet), effective with the first billing on and after January 1, 1998; and 2 Amend Title 13, Chapter 20, Section 120 D 1 to increase the Wayne County wastewater disposal charge from $10 23 to $12 11 (per 1000 cubic feet of water used), effective with the first billing on and after January 1, 1998 On a motion by Brosnan, seconded by Duggan, it was #914-97 RESOLVED, that having considered the report and recommendation of the City Council/Schools Liaison Committee, dated 30565 October 28, 1997, submitted pursuant to Council Resolution 825-97, in connection with a communication from the City Planning Commission, dated June 23, 1997, transmitting its resolution 6-101-97, adopted on June 17, 1997, with regard to the proposed preliminary plat of Jacol Subdivision to be located on the north side of Six Mile Road, east of Laurel Drive in the Southwest 1/4 of Section 9, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on June 17, 1997, and by the City Council on October 8, 1997, the Council does hereby refer this matter to the Streets, Roads and Plats Committee The President relinquished the Chair to the Vice President at 900 p m to address the foregoing matter A roll call vote was then taken on the foregoing resolution with the following result: AYES Vandersloot, McGee, Taylor, Duggan, and Brosnan. NAYS. Feenstra and Laura. The Vice President declared the resolution adopted. The President resumed the Chair at 9.15 p m. At the direction of the Chair, Item #36 was moved up on the agenda and considered next. On a motion by Brosnan, seconded by Vandersloot, it was #915-97 RESOLVED, that having considered a communication from Council President Joe Laura, dated October 17, 1997, with respect to the request for approval of the proposed preliminary plat for Jacol Subdivision to be located on the north side of Six Mile Road, east of Laurel Drive, in the Southwest 1/4 of Section 9, the Council does hereby repeal and rescind Council Resolution 824-97 for the reasons indicated in the aforesaid communication A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS Feenstra. The President declared the resolution adopted 30566 A communication from the Department of Finance, dated November 3, 1997, re additional information on liability/property insurance was received and placed on file for the information of the Council (CR 848-97) On a motion by McGee, seconded by Feenstra, it was #916-97 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated October 28, 1997, submitted pursuant to Council Resolution 848-97, concerning the subject of renewal options for liability and property insurance subsequent to the expiration of the City's current liability and property insurance coverage with Michigan Municipal Risk Management Authority, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed insurance agreement with Michigan Municipal Risk Management Authority (MMRMA), 14001 Merriman Road, Livonia, Michigan 48154, in the manner and form herein submitted (Option 1 with Stop Loss) for a total minimum annual contribution of$1,282,404 00 for the first year of a three- year period, December 1, 1997 through December 1, 2000, with premiums for years 2 and 3 not to increase by more than 10% of the last year's contribution level, FURTHER, the Council does hereby authorize the said item without competitive proposals in accordance with the provisions set forth in Section 3 04 140D2 and D4 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Duggan. NAYS Laura. The President declared the resolution adopted On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #917-97 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated October 28, 1997, submitted pursuant to Council Resolution 393-97, and a communication from the Planning Director, dated October 15, 1997, approved for submission by the Mayor, to which is attached a proposed policy statement regarding Public Act 198, Tax Abatements, the Council does hereby take this means to indicate its approval of the October 1997 Policy Statement as presented for use in connection with requests for tax abatements. 30567 On a motion by McGee, seconded by Duggan, and unanimously adopted, it was. #918-97 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated October 28, 1997, submitted pursuant to Council Resolution 686-97, and a communication from the Director of Community Resources, dated August 6, 1997, which bears the signature of the Director of Finance, is approved by the City Attorney and approved for submission by the Mayor, and to which is attached a proposed Fiscal Year 1998 Municipal Credit and Community Credit Contract between the City of Livonia and SMART, the Council does hereby authorize the Mayor and City Clerk to execute the Municipal Credit and Community Credit Contract for and on behalf of the City of Livonia for Fiscal Year 1998 and to do all other things necessary or incidental to the full performance of this resolution. A communication from the Office of the Mayor, dated October 14, 1997, re. draft outline pertaining to the reorganization of administrative responsibilities for the City's economic development functions was received and placed on file for the information of the Council (CR 695-97) On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #919-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 29, 1997, submitted pursuant to Council Resolution 547-97, and a communication from the City Planning Commission, dated June 9, 1997, which transmits its resolution 6-89-97 adopted on June 3, 1997, with regard to Petition 95- 6-8-12 submitted by Albert Abbo &Associates, on behalf of the Nicholas Plaza, requesting approval to revise the site and landscape plans that were previously approved with this petition for the property located at 31429 Schoolcraft Road in the Northwest 1/4 of Section 26, the Council does hereby concur in the recommendation of the Planning Commission and the request for revision to Petition 95-6-8-12 is hereby approved and granted subject to the following conditions. 1 That the revised Site and Landscape Plan, submitted by the Nicholas Plaza Shopping Center, as received by the Planning Commission on May 12, 1997, is hereby approved and shall be adhered to and shall supersede the approval as set forth in Planning Commission Resolution 6-127-95, and 30568 2. That the two parking spaces in the middle of the parking lot shall be eliminated, and to provide for a total of 31 parking spaces On a motion by Brosnan, seconded by Feenstra, and unanimously adopted, it was. #920-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 29, 1997, submitted pursuant to Council Resolution 547-97, and a communication from the City Planning Commission, dated June 9, 1997, which transmits its resolution 6-89-97 adopted on June 3, 1997, with regard to Petition 95- 6-8-12 submitted by Albert Abbo &Associates, on behalf of the Nicholas Plaza, requesting approval to revise the site and landscape plans that were previously approved with this petition for the property located at 31429 Schoolcraft Road in the Northwest 1/4 of Section 26, the Council does hereby authorize the Inspection Department to take all steps necessary to insure compliance with the revised site and landscape plan submitted in connection with Petition 95-6-8-12 by Albert Abbo & Associates, on behalf of Nicholas Plaza, for property located at 31429 Schoolcraft Road in the Northwest 1/4 of Section 26, including utilizing any bond monies held by the City in connection with this project in order to complete the necessary landscaping work. On a motion by Feenstra, seconded by Vandersloot, and unanimously adopted, it was #921-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 29, 1997, submitted pursuant to Council Resolution 578-97, concerning the subject of the timeliness of service provided by Northwest Transport Company in connection with the Northwest Transport User-Side Subsidy Transportation Program (Dial-a-Ride), the Council does hereby refer the subject of an apparent change of procedure with regard to the licensing of such vehicles (i e , change to a $50 fee as opposed to the granting of a temporary license) to the Chief of Police for his report and recommendation On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #922-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 29, 1997, submitted pursuant to Council Resolution 578-97, concerning the subject of the timeliness of service provided by Northwest Transport Company in 30569 connection with the Northwest Transport User-Side Subsidy Transportation Program (Dial-a-Ride), the Council does hereby refer the subject of the preparation of additional contract language for subsequent contracts for the User-Side Subsidy Transportation Program (Dial-a-Ride) regarding the cleanliness of the vehicles used in connection with this program, including a more precise definition of what is considered "clean" as well as a proposed penalty if the vehicles are not properly kept clean to the Department of Law for its report and recommendation. On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was: #923-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 29, 1997, submitted pursuant to Council Resolution 605-97, the Council does hereby refer the subject of the removal of the public pay phones located near the property at 13507 Middlebelt Road in the Northeast 1/4 of Section 26 (the subject property in Petition 97-6-8-17 submitted by Wal- Mart Stores, Inc.) to the Department of Law for its report and recommendation regarding the appropriate procedure to be utilized to remove such phones if they are located on public property or, in the alternative, to have the owner of the property remove them if the phones are located on private property Ralph Williams, 18630 Foch - addressed the Wal-Mart petition (97-6-8-17), stated that Wal-Mart had not sent anyone to any meetings that had any authority, and indicated that Wal-Mart has not been doing their part in this matter On a motion by Taylor, seconded by Vandersloot, and unanimously adopted, it was. #924-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 29, 1997, submitted pursuant to Council Resolution 830-97, and a communication from the City Planning Commission, dated September 18, 1997, which transmits its resolution 9-150-97 adopted on September 16, 1997, with regard to Petition 97-8-8-21 submitted by Mohamad R. Chahrour, requesting site plan approval in connection with a proposal to construct a gas station/convenience store on property located at 29401 Seven Mile Road in the Northeast 1/4 of Section 11, 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 97-8-8-21 is hereby approved and granted, subject to the following conditions 30570 1 That the Site & Landscape Plan marked Sheet 1 dated November 5, 1997, as revised, prepared by Architectural Design and Construction, is hereby approved and shall be adhered to, 2. That there shall be no dumpster located outside of the building, and all trash must be contained within the building except on the day the trash is scheduled for removal, 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 Plans marked Sheet 2 dated July 21, 1997, as revised, prepared by Architectural Design and Construction is hereby approved and shall be adhered to, 6 No outdoor storage, placement or display of merchandise shall be permitted at any time on this site, however, the foregoing prohibition shall not apply to the display, on the pump islands only, of oil-based products as permitted in Section 11 03(a) of the Zoning Ordinance, and 7 That window signage for this station shall be limited to what is permitted in Section 18 50D Permitted Signs, subheading (g), "Window Signage" On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was. #925-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 29, 1997, submitted pursuant to Council Resolution 821-97, and a communication from Councilmember Michael P McGee, dated September 17, 1997, regarding a request for consideration of funding in the next fiscal year to develop and implement a City "Home Page" on the internet to increase public access to Livonia government and services, the Council does hereby refer the subject of the creation of an action plan for the development of a web site for the City to the Mayor for a report and recommendation, the same to be submitted to Council within 30 days 30571 On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #926-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 29, 1997, submitted pursuant to Council Resolution 821-97, and a communication from Councilmember Michael P McGee, dated September 17, 1997, regarding a request for consideration of funding in the next fiscal year to develop and implement a City "Home Page" on the internet to increase public access to Livonia government and services, the Council does hereby refer the subject of a proposed source of funds (estimate of $8,000 00 to $10,000 00) in the 1997-98 fiscal year budget for the development and implementation of a City "Home Page" on the internet to the Director of Finance for a report and recommendation On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was. #927-97 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 29, 1997, submitted pursuant to Council Resolution 821-97, and a communication from Councilmember Michael P McGee, dated September 17, 1997, regarding a request for consideration of funding in the next fiscal year to develop and implement a City "Home Page" on the Internet to increase public access to Livonia government and services, the Council does hereby authorize the Information Systems Manager, with the Director of Finance, to do all things necessary to prepare specifications and obtain competitive bids for the development and implementation of a City "Home Page" on the internet in accordance with the provisions set forth in the Finance Ordinance, the same to be submitted to Council for its consideration Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE' BY ADDING SECTION 3 THERETO (Petition 97-6-1-8) 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. 30572 Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 2.08 AND 2.10 OF ARTICLE II, SECTION 4 03 OF ARTICLE IV, AND SECTION 10 02 OF ARTICLE X OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 97-5-6-3) 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 gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION (b) OF SECTION 18 47 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 97-5-6-4) 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. Feenstra took from the table, for second reading and adoption, the following Ordinance• AN ORDINANCE AMENDING CHAPTER 08 (ELECTRICAL CODE) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS. None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 30573 Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 050 AND 060 OF CHAPTER 12 (ELECTRICAL LICENSING) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Feenstra took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SUBSECTION D OF SECTION 060, CHAPTER 04 (BUILDING CODES) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Taylor, seconded by Vandersloot, it was: #928-97 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated September 26, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a summary of bids received to supply the Fire Department with uniforms and related uniform items, the Council does hereby reject all bids received in connection with this item and does hereby authorize the Fire Chief, together with the Director of Finance, to do all things necessary to prepare specifications 30574 and re-advertise for bids for Fire Department uniforms in accordance with the provisions set forth in the Finance Ordinance, the same to thereafter be submitted to Council for its consideration A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, McGee, and Taylor NAYS Feenstra, Duggan, and Laura. The President declared the resolution adopted On a motion by Feenstra, it was RESOLVED, that the Council does hereby request that there be an investigation conducted by either the City Council or the Department of Law with respect to the allegations made against Allie Brothers concerning the bid for the Fire Department uniforms and related uniform items. The President declared the motion failed for lack of support. On a motion by Taylor, seconded by Vandersloot, it was. RESOLVED, that having considered a communication from the City Planning Commission, dated October 15, 1997, which transmits its resolution 9-168-97, adopted on September 30, 1997, with regard to a Sign Permit Application, submitted by Danilo Josifoski, on behalf of the Pick-A-Bone Family Tavern & Banquet Hall, requesting approval for signage for the restaurant located at 30325 Six Mile Road, in the Northeast 1/4 of Section 14, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to the following conditions: 1 That the Sign Package submitted by Danilo Josifoski, on behalf of the Pick-A-Bone restaurant, as received by the Planning Commission on September 18, 1997, is hereby approved and shall be adhered to, and 2 That the signage shall not be illuminated beyond one hour after the restaurant closes. On a motion by Duggan, seconded by McGee, it was. RESOLVED, that the Council does hereby determine to substitute an approving resolution in lieu of the foregoing which would stipulate that the signage not be illuminated beyond 30 minutes after the restaurant closes, as opposed to the one hour limitation proposed. 30575 A roll call vote was taken on the motion to substitute as follows AYES Brosnan, McGee, and Duggan. NAYS Feenstra, Vandersloot, Taylor, and Laura. The President declared the motion to substitute denied. A roll call vote was then taken on the originally proposed resolution by Taylor, seconded by Vandersloot, as follows. #929-97 RESOLVED, that having considered a communication from the City Planning Commission, dated October 15, 1997, which transmits its resolution 9-168-97, adopted on September 30, 1997, with regard to a Sign Permit Application, submitted by Danilo Josifoski, on behalf of the Pick-A-Bone Family Tavern & Banquet Hall, requesting approval for signage for the restaurant located at 30325 Six Mile Road, in the Northeast 1/4 of Section 14, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions 1 That the Sign Package submitted by Danilo Josifoski, on behalf of the Pick-A-Bone restaurant, as received by the Planning Commission on September 18, 1997, is hereby approved and shall be adhered to, and 2 That the signage shall not be illuminated beyond one hour after the restaurant closes. with the following result: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura. NAYS Duggan. The President declared the resolution adopted. On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was: #930-97 RESOLVED, that having considered a communication from the City Planning Commission, dated October 20, 1997, which transmits its resolution 10-174-97, adopted on October 14, 1997, with regard to a Sign Permit Application, submitted by Mohamad Chahrour on behalf of Citgo, requesting approval for signage for the gas station located at 29401 Seven Mile Road, in the Northeast 1/4 of Section 11, the Council 30576 does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions 1 That the sign shall be a low profile monument sign, 4'x8' maximum, mounted on a 5' brick wall base, and the total maximum sign height shall not exceed 9', and 2 That the signage shall not be illuminated beyond one hour after the gas station closes On a motion by Duggan, seconded by McGee, and unanimously adopted, it was. #931-97 RESOLVED, that having considered a communication from the City Planning Commission, dated October 14, 1997, which transmits its resolution 9-157-97, adopted on September 30, 1997, with regard to Petition 97-8-2-20, submitted by Costco Companies, Inc., requesting waiver use approval to utilize an SDD license and an SDM license in connection with a major retail facility proposed to occupy an existing building located on the east side of Haggerty Road between Seven and Eight Mile Roads in the Northwest 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 97-8-2-20 is hereby approved, as modified, so as to allow waiver use approval for an SDM license only; FURTHER, the request for waiver use approval to utilize an SDD license is hereby denied for the following reasons. 1 That the petitioner has failed to affirmatively show that the proposed use of an SDD license is in compliance with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance#543, 2. That there is no demonstrated need for additional SDD licensed facilities in this area of the City; and 3 That the proposed use is incompatible to and not in harmony with the surrounding uses in the area. On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was. #932-97 RESOLVED, that having considered a communication from the City Planning Commission, dated October 14, 1997, which transmits its resolution 9-159-97, adopted on September 30, 1997, with regard to Petition 97-8-2-21, submitted by Costco Companies, Inc., requesting 30577 waiver use approval to utilize an SDD license and an SDM license in connection with a major retail facility proposed to occupy an existing building located on the east side of Middlebelt Road between Schoolcraft and Plymouth Roads in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 97-8-2-21 is hereby approved, as modified, so as to allow waiver use approval for an SDM license only; FURTHER, the request for waiver use approval to utilize an SDD license is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed use of an SDD license is in compliance with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance #543, 2. That there is no demonstrated need for additional SDD licensed facilities in this area of the City; and 3 That the proposed use is incompatible to and not in harmony with the surrounding uses in the area. Duggan left the podium at 1013 p m due to a conflict of interest regarding the next Agenda item. On a motion by Brosnan, seconded by Taylor, it was #933-97 RESOLVED, that having considered a communication from the City Clerk, dated October 20, 1997, which indicates that the proprietor of Lakeside Estates Subdivision No 2, situated in the Southeast 1/4 of Section 33, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval, and the Council having received a communication from the City Planning Commission, dated October 15, 1997, wherein said Commission approved the final plat for the said subdivision in its resolution 9-162-97, adopted on September 30, 1997, and the Council having considered a report from the City Engineer, dated November 3, 1997, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 339-97, adopted on April 30, 1997, said preliminary plat having been recommended for approval by the City Planning Commission on February 4, 1997, in its resolution 2-21-97, NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Lakeside Estates Subdivision, located in the Southeast 1/4 of Section 33, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia, and FURTHER, the City Clerk is hereby 30578 requested to do all 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: AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura. NAYS None The President declared the resolution adopted. Duggan returned to the podium at 10.14 p m On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was. #934-97 RESOLVED, that having considered a communication from the City Planning Commission, dated August 25, 1997, which sets forth its resolution 8-130-97 adopted on August 19, 1997, with regard to Petition 97-6-1-9, submitted by Joseph Trupiano and John D Dinan, for a change of zoning of property located on the south side of Pembroke Road between Newburgh Road and Victor Parkway in the Southeast 1/4 of Section 6, from RUFC to OS, and the Council having conducted a public hearing with regard to this matter on Monday, October 20, 1997, pursuant to Council Resolution 745-97, the Council does hereby approve Petition 97-6-1-9 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Duggan, seconded by Brosnan, it was #935-97 RESOLVED, that having considered communications from the Department of Law, dated October 22, 1997 and November 5, 1997, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that Closed Committee of the Whole Meetings be held on Monday, November 10, 1997, at 6 30 p m. for the purposes of discussing pending Public Safety Union Contract Negotiations and at 7 00 p m for the purposes of discussing litigation matters and Attorney-Client privileged communications A roll call vote was taken on the foregoing resolution with the following result: 30579 AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura. NAYS None The President declared the resolution adopted. On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was. #936-97 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 Feenstra, seconded by Duggan, and unanimously adopted, it was. #937-97 RESOLVED, that having considered a letter from Tina Greniewicki, Chairman of the Grace Lutheran Church Art & Craft Show, dated October 30, 1997, which requests permission to display signs announcing the 9th Annual Art & Craft Show to be held on Saturday, November 15, 1997, which signs are approximately 15" x 22" in size and which will be located as follows Farmington at 8 Mile Road Middlebelt at 8 Mile Road Farmington at 7 Mile Road Middlebelt at 7 Mile Road Farmington at 6 Mile Road Middlebelt at 6 Mile Road Farmington at 5 Mile Road Middlebelt at 5 Mile Road Farmington at Plymouth Middlebelt at Plymouth Farmington at Ann Arbor Trail Middlebelt at Ann Arbor Trail Merriman at 8 Mile Road Newburgh at 8 Mile Road Merriman at 7 Mile Road Newburgh at 7 Mile Road Merriman at 6 Mile Road Newburgh at 6 Mile Road Merriman at 5 Mile Road Newburgh at 5 Mile Road Merriman at Plymouth Newburgh at Plymouth Merriman at Ann Arbor Trail Newburgh at Ann Arbor Trail Inkster at 8 Mile Road Inkster at 7 Mile Road Inkster at 6 Mile Road Inkster at Plymouth and which signs would be displayed from November 6, 1997, through November 15, 1997, the Council does hereby deny this request, inasmuch as Grace Lutheran Church is not located within the City of 30580 Livonia and granting this request would set a precedent for non-Livonia organizations. Councilmember Feenstra requested that the Allie Brothers complaints be forwarded to the Mayor and for him to forward these same complaints to the Ethics Committee for its report and recommendation. Councilmember Duggan thanked everyone who voted for him on November 4, 1997 Council President Laura thanked all the citizens who voted during the City Regular Election, held November 4, 1997 No one wished to speak during the audience communication portion of the meeting. On a motion by Brosnan, seconded by Duggan, and unanimously adopted, this 1,356th Regular Meeting of the Council of the City of Livonia was adjourned at 1024 p m , November 5, 1997 4 G / Joan otter, City lerk