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HomeMy WebLinkAboutCOUNCIL MINUTES 2001-04-18 32916 MINUTES OF THE ONE THOUSAND FOUR HUNDRED THIRTY- NINTH REGULAR MEETING OF APRIL 18, 2001 On April 18, 2001, 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 Laura delivered the invocation Roll was called with the following result: Joe Laura, Jack Engebretson, Val I Vandersloot, John Walsh, and Maureen Miller Brosnan Absent: John Pastor and Brian Duggan - vacation Elected and appointed officials present. Jack E Kirksey, Mayor; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Ron Reinke, Superintendent of Parks and Recreation and John Hill, Assistant City Engineer On a motion by Vandersloot, seconded by Walsh, and unanimously adopted, it was CR 223-01 RESOLVED, that the minutes of the 1 ,438th Regular Meeting of the Council held April 4, 2001 are hereby approved as submitted On a motion by Vandersloot, seconded by Engebretson, and unanimously adopted, it was CR 224-01 RESOLVED, that the Council does hereby refer the matter of investigating the need to install "Stop" signs on Hubbard Street between Five Mile Road and Six Mile Road to the Traffic Commission for a report and recommendation During the audience communication portion of the agenda, Council President Brosnan congratulated Pam Hokett on her 20 years of service as a crossing guard at Grant Elementary School She also thanked her for her many years of dedicated service to the children of our community A communication from S J L Development of Livonia, L L.0 , 20025 Shadyside, 48152, dated April 18, 2001 re the Master Deed and Bylaws of Deer 32917 Woods of Livonia Condominiums located on the north side of Five Mile Road between Fairlane Drive and Ellen Drive, was received and placed on file for the information of the Council (Petition 00-11-2-35) Agenda Item #8 On a motion by Walsh, seconded by Vandersloot, it was CR 225-01 RESOLVED, that having considered a communication from the Director of Finance, dated March 27, 2001, approved for submission by the Mayor, with respect to the bids received for the sale of the City- owned property located at 19323 and 19337 Farmington Road (the former Fire Station No 3 site, Tax Item No 016-99-0020-000, and the adjacent residential parcel to the south, Tax Item No 016-99-0019-000, respectively), the Council doe s hereby reject the bids received on March 21, 2001, in connection with this item, FURTHER, the Council does hereby request that the bid process be repeated, and that the said property be posted with a "For Sale" sign for 30 days prior to taking bids, and that the Director of Finance prepare specifications and obtain competitive bids with no minimum bid price, which bids shall be accompanied by a deposit in the form of a money order or certified check which is equal to five (5%) percent of the bid price, and in the event of a default, the deposit is subject to forfeiture or liquidated damages, and all competitive bids shall thereafter be submitted to the Council for consideration CR 226-01 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated January 24, 2001, and the report and recommendation of the Chief of Police, dated March 23, 2001, in connection therewith, the Council does hereby recommend approval of the request from 7-Eleven, Inc , to add Saqib Rizwan as co-licensee in the 2000 SDM license located at 8988 Middlebelt Road, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 227-01 RESOLVED, that having considered a communication from the Chief of Police, dated March 7, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby determine that the City-owned 1986 Chevrolet formerly utilized by the Intelligence Bureau is considered surplus property and does hereby authorize the disposal of such equipment by donating same to the Western Wayne Narcotics Enforcement Group as recommended in the aforesaid communication 32918 CR 228-01 WHEREAS, in 1872, J Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving up paper, wood for our homes, fuel for our fires, and countless other wood products, and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, and WHEREAS, Livonia has been recognized as a Tree City USA by The National Arbor Day Foundation for the last two years and desires to continue its tree-planting practices NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members of the City Council of the City of Livonia hereby proclaim Friday, April 27, 2001, as Arbor Day in the City of Livonia, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, we urge all citizens to plant trees to promote the well being of this and future generations, and we invite citizens to join in the commemoration of Arbor Day planned by the Tree City Committee at Castle Gardens Park adjacent to Randolph Elementary School at 2 30 p m on April 27, 2001 BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor John Engler, State Senator Thaddeus McCotter, State Representative Laura M Toy, State Representative John C Stewart, the Michigan Municipal League State and Federal Affairs Division, the Conference of Western Wayne and the Plymouth Road Development Authority A communication from the Housing Commission, dated March 15, 2001, re gun buy-back program whereby Livonia residents have a method to dispose of guns 32919 they no longer wish to own, and to reduce in-home gun related accidents, was received and placed on file for the information of the Council CR 229-01 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated March 23, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a plan showing the proposed installation of a fountain and plaza with landscaping at Rotary Park, the Council does hereby approve the request of the Rotary Club of Livonia, P O Box 51964, Livonia, Michigan 48151-0421, to install a drinking fountain and plaza with landscaping at this location subject to execution of appropriate Hold Harmless Agreements, which shall be approved as to form by the Department of Law; FURTHER, since all costs will be borne by the Rotary Club of Livonia, the Council does, for and on behalf of the City of Livonia, accept this donation CR 230-01 RESOLVED, that the City of Livonia, Michigan, does hereby accept the terms of the Agreement as received from the Michigan Department of Natural Resources, and that the City of Livonia does hereby specifically agree, but not by way of limitation, as follows 1 To appropriate all funds necessary to complete the project during the project period and to provide Five Hundred Thousand ($500,000 00) dollars to match the grant authorized by the Department. 2 To maintain satisfactory financial accounts, documents, and records to make them available to the Department for auditing at reasonable times 3 To construct the project and provide such funds, services, and materials as may be necessary to satisfy the terms of said Agreement. 4 To regulate the use of the facility constructed and reserved under this Agreement to assure the use therefore by the public on equal and reasonable terms 5 To comply with any and all terms of said Agreement including all terms not specifically set forth in the foregoing portions of this Resolution CR 231-01 RESOLVED, that having considered a communication from the City Planning Commission, dated March 26, 2001, which 32920 transmits its resolution 3-47-2001, adopted on March 20, 2001, with regard to Petition 00-11-2-35, submitted by SJL Development, L.L.0 , requesting waiver use approval to construct a cluster housing project on property located on the north side of Five Mile Road between Fairlane Drive and Ellen Drive in the Southwest 1/4 of Section 16, which property is zoned R-3C, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation CR 232-01 RESOLVED, that having considered a communication from the City Planning Commission, dated March 26, 2001, which transmits its resolution 3-42-2001 adopted on March 20, 2001, with regard to Petition 01-1-8-6 submitted by Bruce Weber, on behalf of Weber's Floral Gifts, requesting site plan approval in connection with a proposal to renovate the exterior of the commercial building located on the south side of Five Mile Road between Harrison Avenue and Lyons Avenue at 28301 Five Mile Road in the Northeast 1/4 of Section 24, 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 01-1-8-6 is hereby approved and granted, subject to the following conditions 1 That the Exterior Building Elevation Plan marked Drawing Number 1, dated January 15, 2001, is hereby approved and shall be adhered to, 2 That no signs, either freestanding or wall mounted, are approved with this petition, and 3 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 CR 233-01 RESOLVED, that having considered a communication from the City Planning Commission, dated March 26, 2001, which transmits its resolution 3-45-2001 adopted on March 20, 2001, with regard to Petition 01-1-8-11 submitted by Bill Brown Ford, requesting site plan approval in connection with a proposal to construct a car ramp to the commercial building located on the north side of Plymouth Road between Tech Center Drive and Sears Avenue at 30400 Plymouth Road (the former Terrace Theater site) in the Southwest 1/4 of Section 26, 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 01-1-8-11 is hereby approved and granted, subject to the following conditions 32921 1 That the Site Plan marked Sheet 2, dated January 25, 2001, as revised, prepared by Michael L Priest & Associates, is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plans marked Sheet A-3 and A- 4, both dated February 13, 2001, as revised, prepared by Architectural Design, is hereby approved and shall be adhered to, 3 That the building materials used in the construction of the addition shall match that of the existing building, 4 That no signs, either free standing or wall mounted, are approved with this petition, all such signage shall be separately submitted for review and approval by the Planning Commission and City Council, and 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 CR 234-01 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, May 30, 2001, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 01-2-1-2, submitted by Craig Corbell of Hunter Homes, Inc., for a change of zoning of property located on the east side of Newburgh Road between Five Mile Road and Ladywood Road in the Southwest 1/4 of Section 17, from R-9 to R-C, the City Planning Commission in its resolution 4-54-2001 having recommended to the City Council that Petition 01-2-1-2 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 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 32922 requested to do all other things necessary or incidental to the full performance of this resolution CR 235-01 RESOLVED, that having considered a communication from Charles G Tangora, Brashear, Tangora, Gallagher, Creighton & Amann, L.L.P , dated April 5, 2001, 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 April 3, 2001 by the City Planning Commission in its resolution 4-56-2001 with regard to Petition 00-12-2-38, submitted by Craig Corbell of Hunter Homes, Inc., requesting waiver use approval to construct a Planned Residential Development on property located on the east side of Newburgh Road between Five Mile and Ladywood Roads in the Southwest 1/4 of Section 17, which property is zoned R-9, the Council does hereby designate Wednesday, May 30, 2001, at 7 00 p m as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia A roll call vote was taken on the foregoing resolutions with the following result: AYES Laura, Engebretson, Vandersloot, Walsh, and Brosnan NAYS None On a motion by Laura, seconded by Engebretson, and unanimously adopted, it was CR 236-01 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated March 27, 2001, submitted pursuant to Council Resolution 547-99, and a communication from Councilmember Maureen Miller Brosnan, dated August 9, 1999, in response to requests for assistance from Ralph Horn, Pat Culver, Gerald Marrone and Mr and Mrs Scott Newell in connection with sidewalk repair and replacement and sewage backup problems due to tree roots, the Council does hereby refer the matter of establishing a pilot program and policy for sidewalk repair and replacement and sewage backup problems due to tree roots, similar to the one adopted by the City of Warren, to the Mayor On a motion by Laura, seconded by Vandersloot, and unanimously 32923 adopted, it was CR 237-01 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated March 27, 2001, submitted pursuant to Council Resolution 547-99, and a communication from Councilmember Maureen Miller Brosnan, dated August 9, 1999, in response to requests for assistance from Ralph Horn, Pat Culver, Gerald Marrone and Mr and Mrs Scott Newell in connection with sidewalk repair and replacement and sewage backup problems due to tree roots, the Council does hereby determine to take no further action with respect to this matter A communication from the Department of Law, dated March 16, 2001, re a timeline of events necessary for submitting the matter of the establishment of a Charter Revision Commission to the voters in the 2001 General Election was received and placed on file for the information of the Council (CR 853-00) On a motion by Engebretson, seconded by Laura, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 3, 2001, submitted pursuant to Council Resolution 852-00, and a communication from Councilmember Jack Engebretson, dated October 31, 2000, wherein it is proposed that a Livonia Charter Revision Commission be established for the purpose of updating the current City Charter, the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council, does hereby declare for an election of the general revisions of the Charter of the City of Livonia, as provided and permitted by Section 18 of Act No 279 of the Public Acts of 1909, as amended, BE IT FURTHER RESOLVED, that the question of having a general Charter revision shall be submitted to the electors of the City of Livonia for adoption or rejection at the regular City Election to be held on November 6, 2001, BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner provided by law, and shall provide all ballots therefor, such ballots to be in the following form "Shall there be a general revision of the Charter of the City of Livonia?" 32924 Yes 0 No Li BE IT FURTHER RESOLVED, that the canvass and determination of said votes shall be made in accordance with the laws of the State of Michigan, BE IT FURTHER RESOLVED, that at such election, there shall be elected from the City at large a Charter Commission consisting of nine electors of the City having a residence therein of at least one year who are not officers or employees of the City, the selection of such Charter Commission to be void if the proposition to revise is not adopted, The candidates for such Charter Commission shall be elected in the manner prescribed by the City Charter for the election of members of the City Council, BE IT FURTHER RESOLVED, that the final time for receiving Affidavits of Identity and filing fees for candidates for the office of Charter Commissioner shall be 4.00 p m , June 19, 2001, at the Office of the City Clerk, and the City Clerk shall forthwith after the adoption of this resolution make available appropriate Affidavit of Identity forms, and the City Clerk shall give notice by publication not less than one week before the last time for filing Affidavits of said time, BE IT FURTHER RESOLVED, that the Charter Commissioners elected at this election shall be compensated at a rate to be established by the City Council in advance of the election for a period not to exceed twelve months and shall be entitled to incur necessary expenses in connection with the work of the Charter, and shall hold their first meeting on the first Tuesday following their election at the City Council Chambers A roll call vote was taken on the foregoing resolution with the following result: AYES Laura and Engebretson NAYS Vandersloot, Walsh and Brosnan The President declared the resolution denied Janet Cooper, 8887 Parkside, Livonia, 48150, spoke in favor of establishing a Charter Commission and provided a hand-out of concerns about the Livonia City Charter and reasons why the Charter should be updated 32925 A communication from Janet Cooper, 8887 Parkside, Livonia, 48150, dated April 18, 2001, re concerns about the Livonia City Charter and reasons why the Charter should be updated, was received and placed on file for the information of the Council On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was. CR 238-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 3, 2001, submitted pursuant to Council Resolution 852-00, and a communication from Councilmember Jack Engebretson, dated October 31, 2000, wherein it is proposed that a Livonia Charter Revision Commission be established for the purpose of updating the current City Charter, the Council does hereby refer the matter of projected expenses and source of funding for updating the City Charter to the Administration for its report and recommendation On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was CR 239-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 3, 2001, submitted pursuant to Council Resolution 852-00, and a communication from Councilmember Jack Engebretson, dated October 31, 2000, wherein it is proposed that a Livonia Charter Revision Commission be established for the purpose of updating the current City Charter, the Council does hereby refer the subject of who is eligible to serve on the City Charter Revision Commission to the Department of Law for its report and recommendation On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was CR 240-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 3, 2001, submitted pursuant to Council Resolution 852-00, and a communication from Councilmember Jack Engebretson, dated October 31, 2000, wherein it is proposed that a Livonia Charter Revision Commission be established for the purpose of updating the current City Charter, the Council does 32926 hereby refer the subject of limiting the Scope of Changes to the City Charter to include only language updates and technical corrections to the Department of Law for its report and recommendation On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was CR 241-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 3, 2001, submitted pursuant to Council Resolution 852-00, and a communication from Councilmember Jack Engebretson, dated October 31, 2000, wherein it is proposed that a Livonia Charter Revision Commission be established for the purpose of updating the current City Charter, the Council does hereby refer the subject of voter approval of revisions to the City Charter in multiple phases to the Department of Law for its report and recommendation On a motion by Walsh, seconded by Engebretson, it was CR 242-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 3, 2001, submitted pursuant to Council Resolution 852-00, and a communication from Councilmember Jack Engebretson, dated October 31, 2000, wherein it is proposed that a Livonia Charter Revision Commission be established for the purpose of updating the current City Charter, the Council does hereby refer the subject of possible alternate methods of amending the City Charter to the Department of Law for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Walsh and Brosnan NAYS Laura The President declared the resolution duly adopted Councilmember Vandersloot gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 27 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 00-10-1-18) (CR 176-01) 32927 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 Councilmember Laura took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 4 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 00-10-1-20) (CR 139-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Engebretson, Vandersloot, Walsh, and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Laura, it was RESOLVED, that having considered a communication from the City Assessor, dated March 21, 2001, approved for submission by the Mayor, with regard to a request from Mr Kenneth Stefanski, 30420 Wentworth, Livonia, Michigan 48154, and Ms Therese McBride, 30414 Wentworth, Livonia, Michigan 48154, 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 determine to deny the request for combining and dividing Tax Item Nos 46-055-01-0079-000 and 46-055-01-0080-000 into three (3) parcels since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot combination and division would not be consistent with good planning and zoning practice The President declared the motion denied for lack of support. On a motion by Vandersloot, seconded by Walsh, it was 32928 CR 243-01 RESOLVED, that having considered a communication from the City Assessor, dated March 21, 2001, approved for submission by the Mayor, with regard to a request from Mr Kenneth Stefanski, 30420 Wentworth, Livonia, Michigan 48154, and Ms Therese McBride, 30414 Wentworth, Livonia, Michigan 48154, to combine and divide Tax Item Nos 46-055-01-0079-000 and 46-055-01-0080-000 into three (3) parcels, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Walsh and Brosnan NAYS Laura and Engebretson The President declared the resolution duly adopted A communication from the Planning Department, dated April 10, 2001, to which is attached a drawing and the March 14, 1968 minutes of the Zoning Board of Appeals, re a history of lot splits on Lots 37, 38 and 39 of Merriman Estates Subdivision, relative to the proposed lot split and combination of lots 79 and 80 of Merriman Estates Subdivision, 30420 Wentworth and 30414 Wentworth, Livonia, 48154, was received and placed on file for the information of the Council On a motion by Engebretson, seconded by Walsh, it was CR 244-01 RESOLVED, that having considered a communication from the City Clerk, dated March 22, 2001, which transmits a letter from Jeffrey G York, Miller, Johnson, Snell & Cummiskey, P L.0 , on behalf of RVP Fiber Company, L L C , dated Mach 20, 2001, requesting the City's consent to assignment of a Telecommunications Permit, the Council does hereby approve of the assignment of the Telecommunications Permit previously granted to US Xchange to RVP Fiber Company, L.L.0 , pursuant to Section 12 06 120 of the Livonia Code of Ordinances, as amended, which Telecommunications Permit was granted by Council Resolution 734-00, adopted on September 25, 2000, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the Consent to Assignment of Telecommunications Permit attached to the aforesaid communication, subject to approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution 32929 At the direction of the Chair, Item #18 was moved to the next Regular Council Meeting of May 2, 2001 On a motion by Walsh, seconded by Engebretson, it was CR 245-01 RESOLVED, that having considered a communication from the City Planning Commission, dated March 26, 2001, which transmits its resolution 3-44-2001 adopted on March 20, 2001, with regard to Petition 01-1-8-10 submitted by Hunt's Hardware Store, requesting site plan approval in connection with a proposal to construct an addition to the commercial building located on the south side of Seven Mile Road between Farmington Road and Gill Road at 33567 Seven Mile Road in the Northeast 1/4 of Section 9, 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 01-1-8- 10 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet C-1, dated March 15, 2001, as revised, prepared by Lindhout Associates Architects, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L-1, dated March 15, 2001, as revised, prepared by Lindhout Associates Architects, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plan marked Sheet A-2, dated March 15, 2001, provided that the plan be further revised to indicate the material to be used on the east elevation as textured paint in lieu of panel brick, prepared by Lindhout Associates Architects, 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 exceptions, 7 That all light standards shall be shielded from the adjacent properties and shall not exceed 20 ft. in height, 32930 8 That the wall signage shown on the approved Elevation Plan is hereby approved and shall be adhered to, 9 That all signage shall not be illuminated beyond one (1) hour after this business closes, 10 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for adding on to a nonconforming building and excess signage and any conditions related thereto, and 11 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 Laura, Engebretson and Walsh NAYS Vandersloot and Brosnan The President declared the foregoing resolution duly adopted On a motion by Walsh, seconded by Vandersloot, it was CR 246-01 RESOLVED, that having considered a communication from Councilmember John J Walsh, dated April 4, 2001, the Council does hereby discharge the matter of Petition 99-8-GB-4, submitted by James Martin, requesting approval to substitute a greenbelt for the protective wall located at 20414 Farmington Road (Council Resolution 805-99), from further consideration by the Legislative Committee A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Walsh and Brosnan NAYS Laura The President declared the resolution duly adopted James Martin, 18211 Pershing, Livonia, 48152, spoke to the Council and asked that a decision be made as to whether a greenbelt or a protective wall should be allowed On a motion by Walsh, seconded by Vandersloot, it was 32931 CR 247-01 RESOLVED, that having considered a communication from James Martin, 18211 Pershing, Livonia, Michigan 48152, dated August 31, 1999, which in accordance with the provisions of Section 19 08 of Ordinance No 543, as amended, the Zoning Ordinance, takes an appeal from a determination made by the City Planning Commission in its resolution 8-151-99 adopted on August 24, 1999, with regard to Petition 99-8-GB-4 submitted by James Martin requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18 45 of Ordinance No 543, as amended, for property located at 20414 Farmington Road in the Northwest 1/4 of Section 3, and the Council having conducted a public hearing with regard to this matter on Monday, November 8, 1999, pursuant to Council Resolution 638-99, the Council does hereby reject the recommendation of the Planning Commission and Petition 99-8-GB-4 is hereby approved and granted subject to the following conditions 1 That the landscaped greenbelt along the east property line, as shown on the plan received by the Planning Commission on September 2, 1999, shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, and 2 That if there is any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a protective barrier, the owner of the property shall be required to construct the protective wall pursuant to Section 18 45 A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Walsh and Brosnan NAYS Laura The President declared the resolution duly adopted On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 248-01 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Delta Research Corporation, received in the Office of the City Clerk on January 31, 2001, covering new industrial facilities to be located within City of Livonia Industrial Development District No 80, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies 32932 ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Delta Research Corporation, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7.00 p m on Wednesday, March 26, 2001, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Delta Research Corporation, finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Delta Research Corporation covering new industrial facilities to be located within the City of Livonia Industrial Development District No 80 for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a letter of agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process Applications for Industrial Facility Exemption Certificates On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it was CR 249-01 RESOLVED, that having considered a communication from the City Planning Commission, dated December 14, 2000, which sets forth its resolution 12-208-2000 adopted on December 12, 2000, with regard to Petition 00-11-1-21, submitted by James Morphew, for a change of zoning 32933 of property located on the west side of Farmington Road between Five Mile Road and Lyndon Avenue in the Northeast 1/4 of Section 21, from R- 2 to C-1, and the Council having conducted a public hearing with regard to this matter on Wednesday, March 28, 2001, pursuant to Council Resolution 14-01, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-11-1-21 is hereby denied for the following reasons 1 That the proposed change of zoning would constitute a spot zone since it is not contiguous to a similar zoning district; 2. That the proposed change of zoning will be detrimental to and not in harmony with the zoning and land uses along Farmington Road in this area, 3 That the existing commercial zoning in proximity to the Farmington and Five Mile Road intersection adequately provides for commercial uses in this area, 4 That the proposed change of zoning will not provide for a comprehensive solution to future development of the subject property, as well as adjacent properties, 5 That the proposed change of zoning would tend to encourage future requests for similar zoning changes along the west side of Farmington Road in this area, and 6 That the proposed change of zoning is inconsistent with the Future Land Use Plan designation of office use for the subject area On a motion by Laura, seconded by Walsh, and unanimously adopted, it was CR 250-01 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, May 30, 2001, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 00-12-1-22, submitted by Masoud Shango, for a change of zoning of property located on the south side of Schoolcraft Road east of Merriman Road in the Northwest 32934 1/4 of Section 26, from P and M-1 to C-3, the City Planning Commission in its resolution 01-10-2001 having recommended to the City Council that Petition 00-12-1-22 be denied, and 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, FURTHER, the Petitioner shall pay all added costs to the City associated with the rescheduling of this matter On a motion by Walsh, it was RESOLVED, that having considered a communication from the City Planning Commission, dated February 5, 2001, which sets forth its resolution 01-11-2001 adopted on January 30, 2001, with regard to Petition 00-12-1-23, submitted by Leo Soave, for a change of zoning of property located on the east side of Cross Winds Road north of Six Mile Road in the Southwest 1/4 of Section 11, from RUFC to R-3, and the Council having conducted a public hearing with regard to this matter on Monday, April 2, 2001, pursuant to Council Resolution 99-01, the Council does hereby refer this subject matter to the Committee of the Whole for a report and recommendation The President declared the motion denied for lack of support. On a motion by Laura, seconded by Engebretson, and unanimously adopted, it was CR 251-01 RESOLVED, that having considered a communication from the City Planning Commission, dated February 5, 2001, which sets forth its resolution 01-11-2001 adopted on January 30, 2001, with regard to Petition 00-12-1-23, submitted by Leo Soave, for a change of zoning of property located on the east side of Cross Winds Road north of Six Mile Road in the Southwest 1/4 of Section 11, from RUFC to R-3, and the Council having conducted a public hearing with regard to this matter on Monday, April 2, 2001, pursuant to Council Resolution 99-01, the Council does hereby approve Petition 00-12-1-23 for preparation of the ordinance for 32935 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 A communication from the Engineering Division, dated April 11, 2001, re storm detention and flooding issues in Cross Winds Court relative to the rezoning of property located on the east side of Cross Winds Road north of Six Mile Road from RUFC to R-3, was received and placed on file for the information of the Council (Petition 00-12- 1-23) On a motion by Laura, seconded by Walsh, and unanimously adopted, it was: CR 252-01 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda. On a motion by Laura, seconded by Engebretson, it was CR 253-01 RESOLVED, that having considered a communication from the Department of Law, dated April 17, 2001, approved for submission by the Mayor, the Council does hereby, by a two-thirds roll call vote in accordance with section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation regarding Little v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Engebretson, Vandersloot, Walsh, and Brosnan NAYS None The President declared the resolution duly adopted On a motion by Engebretson, seconded by Vandersloot, and unanimously adopted, this 1,439th Regular Meeting of the Council of the City of Livonia was adjourned at 8 51p.m., April 18, 2001 piteJ6, oan McCotter, City Clerk