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HomeMy WebLinkAboutCOUNCIL MINUTES 2002-06-05 33575 MINUTES OF THE ONE THOUSAND FOUR HUNDRED SIXTY-SIXTH REGULAR MEETING OF JUNE 5, 2002 On June 5, 2002, 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 Knapp delivered the invocation Roll was called with the following result: Donald Knapp, Linda Dolan, Gerald Taylor, Joe Laura and Jack Engebretson Absent: Val Vandersloot - vacation, Maureen Miller Brosnan — maternity leave Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Michael Slater, Director of Finance, Sherron Schultz, City Assessor; Linda McCann, Director of Community Resources, Karen Szymula, Director of Legislative Affairs, Kevin Roney, Public Utility Manager; Ian Wilshaw, Traffic Commission and Stan Dobis, Cable Commission On a motion by Taylor, seconded by Dolan, and unanimously adopted, it was CR 292-02 RESOLVED, that the minutes of the 1,465th Regular Meeting of the Council held May 22, 2002 are hereby approved as submitted During the audience communication portion of the agenda, Mayor Kirksey spoke about the proposed millage to be voted upon at the August 6 primary election He outlined the following details 1 This will basically be a millage devoted to the improvement of the road system in the City of Livonia, with the exception of the 1-96 and 1-275 expressways. There will be some consideration given to sidewalks and trees, but 92% of the millage will be for roads 2 The amount of the millage will be 89 mills, which will be about $61 00 - L $62 00 per year based on the average-priced home of $187,000 00, which breaks down to $1 19 per week. 3 The millage will be of a ten-year duration 33576 4 It has been decided that this will be a millage issue and not a bond issue City Clerk Joan McCotter reminded voters that there is a school election on Monday, June 10, 2002 On a motion by Laura, seconded by Dolan, it was CR 293-02 RESOLVED, the Council does hereby amend and revise Council Resolution 709-01 adopted at the November 7, 2001 Regular Meeting so as to have the same read as follows RESOLVED, that having considered a communication from the Council President, dated October 15, 2001, to which is attached a proposed schedule of Council Study and Regular Meetings for the period January 1, 2002, through December 31, 2002, the Council does hereby approve the following dates for City Council meetings for 2002, subject to change with notice Study Meetings Regular Meetings JANUARY Monday, January 7 Wednesday, January 16 Wednesday, January 23 Wednesday, January 30 FEBRUARY Monday, February 4 Wednesday, February 13 Wednesday, February 20 Wednesday, February 27 MARCH Monday, March 4 Wednesday, March 13 Monday, March 18 Wednesday, March 27 APRIL Monday, April 1 Wednesday, April 10 Monday, April 15 Wednesday, April 24 MAY Monday, April 29 Wednesday, May 8 Monday, May 13 Wednesday, May 22 JUNE Wednesday, May 29 Wednesday, June 5 Wednesday, June 12 Wednesday, June 19 JULY Monday, June 24 Monday, July 1 Monday, July 8 Wednesday, July 17 33577 AUGUST Monday, August 5 Monday, August 12 Monday, August 19 Wednesday, August 28 SEPTEMBER Wednesday, September 4 Wednesday, September 11 Wednesday, September 18 Wednesday, September 25 OCTOBER Monday, September 30 Wednesday, October 9 Monday, October 14 Wednesday, October 23 NOVEMBER Monday, October 28 Wednesday, November 6 Wednesday, November 13 Wednesday, November 20 DECEMBER Monday, November 25 Monday, December 9 Wednesday, December 11 Wednesday, December 18 A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Dolan and Laura NAYS Taylor and Engebretson The President declared the resolution duly adopted Council President Engebretson presented Councilmember Laura with his ten- year service pin A communication from Councilmember Vandersloot, dated June 4, 2002, re requesting that the SMART issue be moved to the next Regular Meeting of June 19, 2002 because of her absence, was received and placed on file for the information of the Council A communication from Councilmember Brosnan, dated June 5, 2002, re requesting that the SMART issue be moved to the Regular Meeting of July 3, 2002, because of her absence from the meeting of June 19, 2002, was received and placed on file for the information of the Council 33578 At the direction of the chair, Agenda Item #12, SMART Transportation, was moved to the meeting of Monday, July 1, 2002 A communication from the Department of Finance, dated May 20, 2002, re forwarding various financial statements of the City of Livonia for the month ending April 30, 2002, was received and placed on file for the information of the Council A communication from the Planning Director, dated May 13, 2002, re the revised Site Plan for Boulder Pines Condominiums, approved pursuant to CR 241-02, which eliminates two homes resulting in wider lots for the remainder of the units and increased setbacks adjacent to the Nature Preserve, was received and placed on file for the information of the Council (Petition 2001-11-02-26) On a motion by Taylor, seconded by Dolan, it was CR 294-02 RESOLVED, that having considered an application from Pamela A. Elliott, 32458 Maryland, Livonia, Michigan 48150, dated May 16, 2002, requesting permission to close Maryland between Hubbard and Ohio on Saturday, July 13, 2002, from 3 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 295-02 RESOLVED, that having considered an application from Sandy O'Halloran, 28640 Grandon, Livonia, Michigan 48150, dated May 10, 2002, requesting permission to close Grandon, between Harrison and Brentwood, on Saturday, June 29, 2002, from 2 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, June 30, 2002, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. A communication from Richard W McDowell, Chairperson of the Board of Ethics, dated May 6, 2002, re submitting the Fourth Annual Report of the Board of Ethics, pursuant to Section 2 200 070(D)(9) of the Livonia Code of Ordinances, was received and placed on file for the information of the Council 33579 CR 296-02 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated May 9, 2002, approved for submission by the Mayor, the Council does hereby approve and recognize 161110 the Clarenceville High School Homecoming Parade to be held on Friday, September 20, 2002, beginning at 6 00 p m , FURTHER, the Council does hereby approve the parade route as follows Exit the west driveway of Botsford Elementary and travel north on Brentwood to Pembroke, west on Pembroke to Maplewood, north on Maplewood to Morlock, west on Morlock to Parkville, south on Parkville to Bretton, west on Bretton to Middlebelt, and north on Middlebelt to the Clarenceville High School athletic field, FURTHER, the Council does hereby request that the Wayne County Road Commission allow the City of Livonia to close the necessary roads between the hours of 6 00 p m and TOO p m or until the roads are returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, as to Wayne County only; and that Lt. Kevin I Dawley is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia CR 297-02 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated May 13, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of twelve (12) Eyewitness Industrial Grade In-Car Video Systems from Kustom Signals, Inc , 9325 Pflumm, Lenexa, Kansas 66215, fora total price of $51,828 00, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract #071 B8000611), and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 298-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated May 17, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of the CAT Rental Store, 24460 Novi Road, Novi, Michigan 48375, for supplying the Public Service Division (Road Maintenance Section) with three (3) 17" trailer-mounted drum style brush chippers for a net price of $93,625 00, based on a total price of $113,625 00 less trade-in of $20,000 00, the same having been in fact the lowest bid received which meets all specifications 33580 CR 299-02 WHEREAS, the City of Livonia believes quality roads are a vital part of any community, and WHEREAS, certain improvements are necessary to Seven Mile Road to increase traffic safety and to encourage economic development, and WHEREAS, the County of Wayne has committed to surfacing the Road in an area generally described as Seven Mile Road from Middlebelt Road to Inkster Road and the City of Livonia will assist financially in the surfacing of the Road, and WHEREAS, the City of Livonia will provide payment to the County of Wayne in the amount of $749,497 (as found in Exhibit A to this Agreement) of the total cost of the project; and NOW, THEREFORE BE IT RESOLVED, that the Livonia City Council does hereby approve the proposed Agreement between the City of Livonia and County of Wayne for the surfacing of Seven Mile Road from Middlebelt Road to Inkster Road, and does hereby authorize an expenditure in the amount of $439,300 00 from funds already budgeted in Account No 202-463-818-125 (Major Street Fund - County Project Participation), FURTHER, the Council does hereby authorize an additional appropriation and expenditure in the amount of $310,197 00 from the Unexpended Fund Balance of the Major Road Fund (202) for this purpose, and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are authorized to execute the Agreement on behalf of the City of Livonia CR 300-02 RESOLVED, that having considered a communication from the City Planning Commission, dated May 9, 2002, which transmits its resolution 5-62-2002, adopted on May 7, 2002, with regard to Petition 02- 3-2-6, submitted by Joseph Barts, on behalf of White Castle Michigan LLC, requesting waiver use approval to construct and operate a limited service restaurant with drive-thru service located at 30105 Plymouth Road on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 02-3-2-6 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 of 3 of Job No 6-6967 prepared by Nowak & Fraus, dated April 17, 2002, is hereby approved and shall be adhered to, 33581 2 That the Landscape Plan marked Sheet 3 of 3 of Job No 6-6967 prepared by Nowak & Fraus, dated April 17, 2002, is hereby approved and shall be adhered to, 3 That the landscaping shown on the above referenced Landscape Plan shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That all sodded and landscape areas shall be irrigated with underground sprinkler systems, 5 That the Building Elevations Plans marked Sheets 15042-A2 and 15042-A3 prepared by White Castle System, Inc , dated July 11, 2001, are hereby approved and shall be adhered to, except that the strip of encased neon shown on each elevation is not approved and shall be eliminated, 6 That the maximum number of customer seats shall not exceed 25, 7 That all light fixtures as shown on the Site Plan detail shall be shielded from adjacent properties and all light standards shall not exceed 20 feet in height above grade, 8 That all rooftop mounted mechanical equipment shall be concealed in accordance with the equipment screen detail on the Structural Steel Plan and Details Plan marked Sheet 15042-S1 prepared by White Castle System, Inc , dated July 11, 2001, 9 That the brick used in the construction of the building shall be full face four (4) inch brick, no exceptions, 10 That the dumpster enclosure shall be constructed of brick in accordance with the Refuse Enclosure Plan marked Sheet 15042- SD5 prepared by White Castle System, Inc , dated August 9, 2001, except that steel gates shall be substituted for the wood gates and shall be of similar design and construction as the gates recently approved under Petition 02-1-8-2, 11 That all off-street parking spaces provided in connection with this restaurant shall be double-striped, 12 That the handicapped parking space shall be individually signed as required, 33582 13 That one wall sign on the front elevation as depicted on the Wall Sign Plan marked File No 025037 prepared by Total Image Specialists, dated January 16, 2002, is hereby approved with a sign area not to exceed 38 square feet; 14 That the Monument Sign Plan marked File No 020260 prepared by Total Image Specialists, dated March 13, 2002, is hereby approved and shall be adhered to, and 15 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for A communication from the Department of Law, dated May 14, 2002, - Administrative Response — re the history of the Haggerty Road Investments Limited Partnership v City of Livonia Consent Judgment and what latitude the Council has in requiring conditions for any approvals, was received and placed on file for the information of the Council (CR 226-02) A communication from Mark Moylan, General Manager, Champps Americana Restaurant, dated May 17, 2002, re his opposition to the development of a proposed Bone Yard Restaurant on Haggerty Road between Seven and Eight Mile Roads, was received and placed on file for the information of the Council CR 301-02 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Eric Stempien, 14443 Ronnie Lane, Livonia, Michigan 48154, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2005, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 CR 302-02 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, 33583 July 15, 2002 at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 2002-03-01-02 submitted by Harvey & Shirley Prysdale requesting to rezone property located on the south side of Bretton Road between Middlebelt Road and Melvin Avenue (29901 Bretton Road) in the Southeast 1/4 of Section 2 from RUFA to R-1, the City Planning Commission in its resolution 05-57-2002 having recommended to the City Council that Petition 02-3-1-2 be denied, (2) Petition 2002-03-01-03 submitted by Djelosh Juncaj requesting to rezone property located on the south side of Eight Mile Road between Middlebelt Road and Brentwood Avenue (29023 Eight Mile Road) in the Northwest % of Section 1 from C-1 to C-2, the City Planning Commission in its resolution 05-58-2002 having recommended to the City Council that Petition 02-3-1-3 be denied, 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 amendments to the Zoning Ordinance, and/or (b) location of the proposed changes 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 CR 303-02 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, September 23, 2002 at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 2002-04-01-04 submitted by Leo Soave requesting to rezone property located on the south side of Six Mile Road between Oporto Street and Middlebelt Road in the Northeast 1/4 of Section 14 from RUF to OS, the City Planning Commission in its resolution 05-59-2002 having recommended to the City Council that Petition 02-4-1-4 be approved, 33584 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 amendments to the Zoning Ordinance, and/or (b) location of the proposed changes 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 CR 304-02 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, August 7, 2002 at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 2002-04-01-05 submitted by Zef Martin Ivezaj requesting to rezone property located on the south side of Eight Mile Road between Gill and Ellen Roads in the Northwest '/4 of Section 4 from RUF to R-C, the City Planning Commission in its resolution 05-60- 2002 having recommended to the City Council that Petition 02-4-1- 5, as amended to R-4 be approved, and (2) Petition 2002-04-01-06 submitted by Timothy & Carol McGee, Mamie Tansley, Jude and Rebecca Mansilla and James Tyler requesting to rezone properties located on the north and south sides of Norfolk Avenue between Osmus and Parker Avenues (31790, 31800, 31780, 31710, 31785 and 31789 Norfolk Avenue) in the Northeast 1/4 of Section 3 from R-3 to R-2, the City Planning Commission in its resolution 05-61-2002 having recommended to the City Council that Petition 02-4-1-6 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 amendments to the Zoning Ordinance, and/or (b) location of the proposed changes 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 33585 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 Knapp, Dolan, Taylor, Laura and Engebretson NAYS None A communication from Department of Public Works, dated May 17, 2002, re annual pavement repair programs for 2001, 2002, and 2003, with and without additional millage, was received and placed on file for the information of the Council (CR 499-99) The 2003 Pavement Reconstruction/ Road Improvement Financial Summary distributed at the Streets, Roads and Plats Committee meeting of May 21, 2002, which represents the first year of a ten-year plan for repair, was received and placed on file for the information of the Council A communication from the Department of Public Works, dated May 13, 2002, re noise level readings received from MDOT after the pavement grinding project was completed along portions of 1-275 in Livonia, was received and placed on file for the information of the Council (CR 816-00) A communication from the Department of Law, dated May 24, 2002, re ordinance amendments to provide for changes in the water service rates and revenues, Livonia sewage disposal system, and industrial waste surcharge, was received and placed on file for the information of the Council (CR 280-02) fhwThe Detroit City Council Public Hearing on Fiscal Year 2002-2003 Proposed Water and Sewerage System Budgets and Rates, dated February 7, 2002, 33586 prepared by Gary Fujita, Interim Deputy Director, was received and placed on file for the information of the Council A communication from the Detroit Water and Sewerage Department re Water and Sewer Rate Methodology Presentation Report, dated June 3, 2002, was received and placed on file for the information of the Council Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Councilmember Knapp invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Knapp, Dolan, Taylor, Laura and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 33587 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 Councilmember Knapp invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Knapp, Dolan, Taylor, Laura and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 Councilmember Knapp invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Knapp, Dolan, Taylor, Laura and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Knapp, seconded by Laura, and unanimously adopted, it 33588 was CR 305-02 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated June 3, 2002, submitted pursuant to Council Resolution 279-02, and the report and recommendation of the Water and Sewer Board, dated April 29, 2002, which bears the signature of the Finance Director and is approved for submission by the Mayor, regarding the request to increase water and sewer consumption rates, industrial surcharge rate and industrial waste control charge to be effective July 1 , 2002, the Council does hereby refer the matter of contacting State legislators to request that a bill be introduced to allow for more local representation regarding Detroit Water and Sewerage Department cost apportionment to the Administration for its report and recommendation On a motion by Knapp, seconded by Laura, and unanimously adopted, it was CR 306-02 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated June 3, 2002, submitted pursuant to Council Resolution 279-02, and the report and recommendation of the Water and Sewer Board, dated April 29, 2002, which bears the signature of the Finance Director and is approved for submission by the Mayor, regarding the request to increase water and sewer consumption rates, industrial surcharge rate and industrial waste control charge to be effective July 1, 2002, the Council does hereby refer the question of why Livonia wholesale costs are higher than other neighboring communities to the Water and Sewer Board for its report and recommendation Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 02-2-3-2) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Taylor, seconded by Laura, it was 33589 RESOLVED, that having considered a communication from the City Planning Commission, dated January 18, 2002, which transmits its resolution 01-02-2002 adopted on January 15, 2002, with regard to Petition 02-1-8-2 submitted by Kentucky Fried Chicken, requesting site plan approval in connection with a proposal to renovate the exterior building elevations of the restaurant located at 13485 Farmington Road in the Northeast 1/4 of Section 28, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 02-1-8-2 is hereby approved and granted, subject to the following conditions 1 That the Exterior Building Elevation Plan marked Sheet 1 dated 12/18/01, as revised, prepared by DeConti/Jernigan and Associates, is hereby approved and shall be adhered to, 2 That all light fixtures located on the building shall be angled, not more than 20 degrees from the horizontal line of the ground, and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadways, 3 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excessive signage and any conditions related thereto, including the following, - Two (2) wall signs at 11 sq ft each with the graphic "KFC", - One (1)wall sign at 54 sq ft. with the "colonel's face" graphic, - Encased lighting band, - Illuminated cupola tower; 4 That no exposed neon tubing shall be permitted on the building nor shall the awnings be internally illuminated, 5 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 6 That a new dumpster enclosure shall be provided or the existing enclosure shall be completely renovated such that it matches the picture received by Council on 5/13/02 and the enclosure gates shall be maintained and when not in use closed at all times Council President Engebretson passed the gavel to Council Vice-President Knapp at 8 45 p m 33590 On a motion by Engebretson, seconded by Laura, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a communication from the City Planning Commission, dated January 18, 2002, which transmits its resolution 01-02-2002 adopted on January 15, 2002, with regard to Petition 02-1-8-2 submitted by Kentucky Fried Chicken, requesting site plan approval in connection with a proposal to renovate the exterior building elevations of the restaurant located at 13485 Farmington Road in the Northeast 1/4 of Section 28, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby determine to refer this item to the Committee of the Whole for a report and recommendation A roll call vote was taken on the motion to substitute as follows AYES Knapp, Dolan, Taylor, Laura and Engebretson NAYS None The President declared the motion to substitute adopted A roll call vote was then taken on the substitute resolution proposed by Engebretson, seconded by Laura, as follows. CR 307-02 RESOLVED, that having considered a communication from the City Planning Commission, dated January 18, 2002, which transmits its resolution 01-02-2002 adopted on January 15, 2002, with regard to Petition 02-1-8-2 submitted by Kentucky Fried Chicken, requesting site plan approval in connection with a proposal to renovate the exterior building elevations of the restaurant located at 13485 Farmington Road in the Northeast 1/4 of Section 28, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby determine to refer this item to the Committee of the Whole for a report and recommendation with the following result: AYES Knapp, Dolan, Taylor, Laura and Engebretson NAYS None The President declared the motion duly adopted 33591 Council Vice-President Knapp passed the gavel back to Council President Engebretson at 8 52 p m Norm Masters, representative from Schoolcraft Associates, Inc., was present at the meeting to answer questions of the Council On a motion by Taylor, seconded by Laura, it was RESOLVED, that having considered a communication from the City Engineer, dated May 23, 2002, approved for submission by the Mayor, to which is attached a letter from Art Mack, dated May 8, 2002, requesting waiver of the sidewalk requirement at the Pierson Center located at 32625 W Seven Mile Road, the Council does hereby deny this request since there are sidewalks in the immediate neighborhood and granting this request would be detrimental to the best interests of the City and its residents Councilmember Laura withdrew his support from the foregoing resolution Councilmember Taylor withdrew his motion from the foregoing resolution On a motion by Laura, seconded by Taylor, and unanimously adopted, it was CR 308-02 RESOLVED, that having considered a communication from the City Engineer, dated May 23, 2002, approved for submission by the Mayor, to which is attached a letter from Art Mack, dated May 8, 2002, requesting waiver of the sidewalk requirement at the Pierson Center located at 32625 W Seven Mile Road, the Council does hereby determine to take no further action on this request due to the fact that the request has been withdrawn by the petitioner Art Mack, American Management and Leasing at Pierson Center, was at the meeting and stated his desire to withdraw this petition On a motion by Taylor, seconded by Laura, it was, CR 309-02 RESOLVED, that having considered a communication from the City Planning Commission, dated May 9, 2002, which transmits its resolution 05-65-2002 adopted on May 7, 2002, with regard to Petition 02- 4-8-11 submitted by Bonn Office Building, requesting site plan approval in connection with a proposal to construct an office building on property located at 11700 Newburgh Road in the Southwest 1/4 of Section 29, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of 33592 the Planning Commission and Petition 02-4-8-11 is hereby approved and granted, subject to the following conditions. 1 That the Site Plan marked Sheet 1 dated 4/15/02 prepared by Irving Tobocman Architect, is hereby approved and shall be adhered to, 2. That the Landscape Plan marked Sheet L1 dated 4/15/02, as revised, prepared by Michael J Dul & Associates, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plans marked Sheet 4 and Sheet 5 both dated 4/15/02 prepared by Irving Tobocman Architect, is hereby approved and shall be adhered to, 6 That the brick used in the construction shall be full face four (4) inch brick, no exception, 7 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times, 8 That all light fixtures shall not exceed 20 ft. in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 9 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated April 30, 2002 - that all handicap spaces shall be identified and comply with the Michigan Barrier Free Code 33593 10 That the petitioner shall correct to the Engineering Department's satisfaction the following as outlined in the correspondence dated May 2, 2002 - that the existing sidewalk along Plymouth Road shall be repaired or replaced - that a 6 ft. wide sidewalk shall be installed along this property's Newburgh Road right-of-way 11 That no signs, either freestanding or wall mounted, are approved with this petition, and 12 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Dolan, Taylor and Laura NAYS Engebretson The President declared the resolution duly adopted On a motion by Dolan, seconded by Knapp, and unanimously adopted, it was CR 310-02 RESOLVED, that having considered the report and recommendation of the Department of Law, dated May 24, 2002, regarding armed police reserves patrolling public school grounds, the Council does hereby approve the Agreements with the Livonia and Clarenceville Public Schools school districts, or any school within the City that requests such an Agreement, for possession of weapons in their District's weapon-free school zones by authorized persons employed by the City of Livonia, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the aforesaid agreements in the manner and form herein submitted On a motion by Taylor, seconded by Laura, it was CR 311-02 RESOLVED, that having considered a communication from the Department of Assessment, dated May 30, 2002, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole meeting 33594 be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Detroit Edison and Consumers Energy v City of Livonia A roll call vote was taken on the foregoing resolution with the following result AYES Knapp, Dolan, Taylor, Laura and Engebretson NAYS None The President declared the resolution duly adopted On a motion by Laura, seconded by Taylor, and unanimously adopted, it was CR 312-02 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 Taylor, seconded by Dolan, it was CR 313-02 RESOLVED, that having considered a communication from the Mayor, dated June 3, 2002, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1 ) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held for the purposes of discussing pending negotiations with the Livonia Police Lieutenants and Sergeants Association A roll call vote was taken on the foregoing resolution with the following result AYES Knapp, Dolan, Taylor, Laura and Engebretson NAYS None The President declared the resolution duly adopted During the audience communication portion of the agenda, Council President Engebretson reminded all residents to vote in the School election to be held on Monday, June 10, 2002 He also congratulated the Brosnan family on the birth of their daughter, Eleanor Grace, born on May 30, 2002 On a motion by Knapp, seconded by Laura, and unanimously adopted, this 1,466`h Regular Meeting of the Council of the City of Livonia was adjourned at 9 08 p m , June 5, 2002 //lie/dev7Zbi, Alan McCotter, City Clerk