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HomeMy WebLinkAboutCOUNCIL MINUTES 2000-11-08 REVISED 32626 MINUTES OF THE ONE THOUSAND FOUR HUNDRED TWENTY-EIGHTH REGULAR MEETING OF NOVEMBER 8, 2000 On November 8, 2000, 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 Pastor and Maureen Miller Brosnan Absent: John Walsh and Brian Duggan Elected and appointed officials present: Jack E Kirksey, Mayor; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Michael Slater, Director of Finance, Dave Woodcox, Director of Building Inspection, Mary Rutan, Personnel Director; Kevin Roney, Public Utility Manager; Jeff Bryant, Economic Development Director; John Hill, Assistant City Engineer and Karen Szymula, Director of Legislative Affairs. On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 799-00 RESOLVED, that the minutes of the 1,427' Regular Meeting of the Council held October 25, 2000 are hereby approved as submitted AYES Laura, Engebretson and Brosnan NAYS None PRESENT Vandersloot and Pastor Councilmember Vandersloot mentioned that the voter turn-out in Livonia for the Presidential election held on November 7, 2000 was 51,996, which is 75% of the total registered voters She congratulated City Clerk Joan McCotter and her staff for a job well done Councilmember Pastor reminded the residents of the Holiday Parade to be held on Saturday, November 18, 2000 32627 On a motion by Pastor, seconded by Laura, and unanimously adopted, it was CR 800-00 RESOLVED, that the Council does hereby refer the subject matter of the status of street lighting at Hillcrest Court next to the Kroger store on Five Mile Road east of Merriman Road to the Engineering Division for a report and recommendation A communication from the Department of Finance, dated October 23, 2000, re forwarding various financial statements of the City of Livonia for the month ending September 30, 2000, was received and placed on file for the information of the Council A communication from the Department of Law, dated October 24, 2000, re Frank Solnikowski and Nancy Solnikowski v City of Livonia Zoning Board of Appeals, Wayne County Circuit Court Case No 00-024779 AA, was received and placed on file for the information of the Council Background information regarding the 1-275 Noise Abatement issue, supplied by the Mayor's office, was received and placed on file for the information of the Council (Agenda Item #13) Bob Risser, 3413 Woods Edge Drive, Okemos, MI 48864, representative from Michigan Concrete Paving Association, spoke to the Council re the issue of I- 275 Noise Abatement and informed Council that he is working with the residents of Farmington Hills and MDOT to find a resolution to this problem, and is willing to assist the City of Livonia in this matter Mayor Kirksey spoke regarding the 1-275 Noise Abatement issue He stated that he has met with the head of the State Transportation Department, he is planning a Town Hall Meeting for the end of November or beginning of December so that residents can have an opportunity to voice their concerns, and he hopes to have State Senators and State Representatives and other officials at this meeting for a dialogue with the residents On a motion by Engebretson, seconded by Laura, and unanimously 32628 adopted it was CR 801-00 RESOLVED, that having considered a letter from Julie Culp, Franklin High School Patriots Club, dated October 17, 2000, requesting permission to place 24" x 22" lawn-type signs advertising fall and spring craft shows to be conducted on Saturday, November 18, 2000, and Saturday, March 17, 2001, and which signs would be installed at all major intersections of the City on Saturday, November 11, 2000 for the fall show and Saturday, March 10, 2001, for the spring show and removed the day following each show, the Council does hereby approve of and concur in this request in the manner and form herein requested CR 802-00 RESOLVED, that having considered a communication from the Personnel Director, dated October 13, 2000, which bears the signature of the Du ector of Finance and is approved for submission by the Mayor, transmitting a copy of a resolution adopted by the Civil Service Commission at its regular meeting of October 12, 2000, regarding the establishment of the classification of Assistant Director of Building Inspection, the Council does hereby concur in the recommendation of the Civil Service Commission and the Classification of Positions Plan is hereby amended to establish the classification of Assistant Director of Building Inspection with the following salary schedule 1999-2000 2000-2001 Step 1 $50,419.20 $51,937 60 Step 15 51,334 40 52,873 60 Step 2 52,312 00 53,872 00 Step 3 54,412 80 56,035 20 Step 4 56,596 80 58,302 40 Step 5 58,822 40 60,590 40 the same benefits (i e , longevity, vacation credit, sick leave, dental, optical, medical benefits, etc.) as extended to other full-time classified Civil Service employees shall be afforded this position CR 803-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated October 18, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize B & V Construction, Inc , 48400 West Road, P 0 Box 930029, Wixom, Michigan 48393-0029, to provide snow removal services for city streets during the 2000-2001 snow season for snowfalls of over four (4") inches in accumulation and as authorized 32629 by the Mayor, pursuant to the terms stated in the attached letter dated October 4, 2000, FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 804-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated October 13, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase from Morton Salt, Inc., 100 N Riverside Plaza, Chicago, Illinois 60606, of 75% of the city's requirement of rock salt used for ice control at the unit price bid of $20 40 per ton for the period through April 15, 2001, submitted to the consortium of Farmington Hills, Southfield, Southfield School District, etc., the same having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize the purchase from Cargill Salt, Inc , 24950 Country Club Boulevard, Suite 450, North Olmsted, Ohio 44070, of 25% of the city's requirement of rock salt used for ice control at the unit price bid of $26 79 per ton, the same having been in fact the second lowest bid received for this item, FURTHER, the Council does hereby authorize such expenditure from funds already budgeted in Account No 101-463- i 784-000 for this purpose air CR 805-00 RESOLVED, that having considered a communication from the Director of Public Works (in his capacity as Street Administrator), dated October 19, 2000, which bears the signature of the Director of Finance, is approved for submission by the Mayor, and submitted pursuant to Act 54, of the Public Acts of Michigan of 1999, as amended, with regard to the transfer of funds for the Fiscal Year 1999-2000 from the Major Street System Account to the Local Street System Account, having adequately maintained its major streets, the Council does hereby authorize the transfer of a sum up to, but not to exceed, $800,000 00 from those funds designated for use on the Major Street System to be used on the Local Street System, and for purposes of this resolution, the Major and Local Streets refer to the lists attached to the aforementioned communication, FURTHER, the Council does hereby authorize a budget adjustment in the amount of $800,000 00 from the Unexpended Fund Balance to Account No 202-484-965-203 for this purpose, and the City Clerk and Director of Finance are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution 32630 CR 806-00 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated October 13, 2000, which bears the signature of the Director of Finance, is approved by the Chairman of the Water and Sewer Board, and is approved for submission by the Mayor, requesting an additional appropriation for additional work necessary to complete the Year 2000 Watermain Replacement Project (Contract 00-A), previously authorized pursuant to Council Resolution 329-00, the Council does hereby appropriate and authorize the expenditure of the additional sum of $86,877 69 from funds available in Account No 592---158-000 (Construction-In- Progress Water Main Replacement) for this purpose for the reasons outlined in the aforesaid communication with the understanding that such fund shall be reimbursed in the amount of $18,346 93 from the Plymouth Road Development Authority for the Piymouth Road Section and in the amount of $7,526 00 from the Clarenceville School District for the Lathers Avenue Section for enlarging the existing water service to the Botsford Elementary School, FURTHER, the Council does hereby authorize final payment to be made to SOS Service Group, Inc in the amount of $86,877 69 for this work. A communication from the Engineering Division, dated October 16, 2000, re the status of removal of construction debris on the north side of Plymouth Road, east of Farmington Road, and the fact that MDOT believes that all of the material will be removed by the end of the month, was received and placed on file for the information of the Council CR 807-00 RESOLVED, that having considered a communication from the Planning Director, dated October 23, 2000, to which is attached a request from Estate Millcreek L L C , dated October 20, 2000, requesting that the City grant a sanitary sewer easement over City-owned property located on the south side of Seven Mile Road, east of Brookfield Avenue, in the Northwest 1/4 of Section 10, the Council does hereby refer this matter to the Engineering Division, Water and Sewer Board and the Department of Parks and Recreation for a report and recommendation CR 808-00 RESOLVED, that having considered a communication from the Planning Director, dated October 23, 2000, to which is attached a request from Estate Millcreek L L C , dated October 20, 2000, requesting that the City grant a sanitary sewer easement 32631 over City-owned property located on the south side of Seven Mile Road, east of Brookfield Avenue, in the Northwest 1/4 of Section 10, the Council does hereby refer this matter to the Water, Sewer and Waste Committee for its report and recommendation CR 809-00 RESOLVED, that having considered a communication from the City Planning Commission, dated October 5, 2000, which transmits its resolution 10-178-2000, adopted on October 3, 2000, with regard to Petition 00-8-2-29, submitted by PRS Contracting, Inc., requesting waiver use approval to operate a limited service restaurant at the Livonia-5 Shopping Plaza located on the south side of Five Mile Road between Sunbury and Harrison Avenues in the Northwest 1/4 of Section 24, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 00-8-2-29 is hereby approved and granted, subject to the following conditions 1 That the proposed restaurant shall be limited to no more than 30 customer seats, 2 That the restrooms in the proposed restaurant shall comply with Michigan Barrier Free size requirements, and 3 That Michigan Barrier Free requirements shall be complied with in regard to number, location and size of handicapped parking spaces provided on the site and each handicapped space shall be accompanied by its own identification sign CR 810-00 RESOLVED, that the Council does hereby refer the matter of the height of the existing dumpster wall on the property located at the Livonia-5 Shopping Plaza located on the south side of Five Mile Road between Sunbury and Harrison Avenues (subject property in Petition 00-8-2-29) to the Inspection Department for its report and recommendation. CR 811-00 RESOLVED, that having considered a communication from the City Planning Commission, dated September 20, 2000, which transmits its resolution 9-170-2000 adopted on September 19, 2000, with regard to Petition 00-9-8-12 submitted by Pinnacle Auburn Hills, LLC, on behalf of Victor Park Place Office, requesting site plan approval in connection with a proposal to construct an office building on property located at 19301 Victor Parkway in the Southeast 1/4 of Section 6, 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 32632 and Petition 00-9-8-12 is hereby approved and granted, subject to the following conditions 1 That the Site Plans for Phase I & Phase II, marked Sheets A-101 and A-102, both dated September 1, 2000, prepared by Hobbs & Black Associates, are hereby approved and shall be adhered to, 2 That the Landscape Plans for Phase I & Phase II, marked Sheets L1 and L2, both dated August 30, 2000, as revised, prepared by Michael J Dul & Associates, are 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- L 200, dated September 1, 2000, prepared by Hobbs & Black Associates, 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, 8 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and deficient size of parking stalls in the underground parking structure and any conditions related thereto, 9 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in the correspondence dated September 13, 2000 - that all the parking spaces shall be double striped, and - that all handicap spaces shall be identified and comply with the Michigan Barrier Free Code, 32633 10 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 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; and 12 That all roof top mechanical equipment appurtenances shall be shielded from view using colors and material compatible with the colors and material used for construction of the building CR 812-00 RESOLVED, that having considered a communication from the City Planning Commission, dated October 23, 2000, which transmits its resolution 10-181-2000 adopted on October 3, 2000, with regard to Petition 00-9-8-13, submitted by James R. Jones, Jr , Architect, on behalf of Darden Restaurants, Inc , requesting site plan approval to repaint the exterior of the Red Lobster restaurant located at 29980 Plymouth Road in the Southeast 1/4 of Section 26, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-9-8-13 is hereby approved and granted, subject to the following conditions 1 That the Exterior Finish Plan marked AE-1 dated August 23, 2000, as revised, prepared by James R Jones, Jr , Architect, is hereby approved and shall be adhered to, 2 That the colors of the restaurant shall correspond with those specified on the "Red Lobster Remodel Color Legend" submitted to the Planning Commission on September 19, 2000, 3 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in the correspondence dated September 27, 2000 - that the entire parking lot shall be repaired, resealed and double striped, - that all handicap spaces shall be identified and comply with the Michigan Barrier Free Code, - that the existing landscaping of the site shall be trimmed, cleaned up and maintained, 32634 - that the landscaping timbers near the front entrance shall be replaced and new edging shall be installed around the rear landscaping beds, - that the existing dumpsters shall be kept in their enclosure and the enclosure gates shall be maintained and, when not in use, closed at all times, and 4 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 813-00 RESOLVED, that having considered a communication from the City Planning Commission, dated October 23, 2000, which transmits its resolution 10-182-2000 adopted on October 3, 2000, with regard to Petition 00-9-8-14, submitted by Frank L Grisa, P E , on behalf of Rosina V Grisa, requesting site plan approval to refinish the second floor exterior elevation of the building located at 15225 Farmington Road in the Northeast 1/4 of Section 21, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-9-8-14 is hereby approved and granted, subject to the following conditions 1 That the Exterior Finish Plan, marked Sheet 1, dated September 19, 2000, as revised, prepared by Frank L Grisa, P E , is hereby approved and shall be adhered to, except for the fact that the dryvit material shall wrap around the southeast comer of the second floor and continue 30 feet along the south elevation, and the remaining upper half of the south elevation shall be painted to match that of the dryvit; 2 That the color of the dryvit shall correspond with those specified on Sheet 2, dated September 19, 2000, and submitted to the Planning Commission on September 20, 2000, 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; 4 That if the diagonal wood siding is power washed, it shall be re-stained, and 32635 5 That the parking lot repairs shall be made and double striping shall be employed CR 814-00 WHEREAS, residents of the west portion of Livonia have voiced concern that the recent repaving of I- 275 has greatly increased the level of freeway noise in their neighborhoods, and WHEREAS, unacceptable freeway noise levels are present in neighborhoods near the freeway; and WHEREAS, the 1-275 repaving project came in an estimated $30 million under budget; and WHEREAS, that $30 million could finance substantial noise abatement; and WHEREAS, the Michigan Department of Transportation ("MDOT") has the responsibility for maintaining 1-275 in a way which minimizes the inconvenience of motorists and nearby residents alike, NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Livonia hereby request and urge MDOT to develop and implement an efficient and effective 1-275 noise abatement program 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 Gerald Law, Michigan Department of Transportation Director James DeSana, the Michigan Municipal League State and Federal Affairs Division, and the Conference of Western Wayne CR 815-00 RESOLVED, that the Council does hereby request that the Mayor consider scheduling a Town Hall Meeting with residents, state officials, etc , to discuss problems with 1-275 noise levels and possible solutions to these problems CR 816-00 RESOLVED, that the Council does hereby refer the subject of 1-275 noise abatement to the Streets, Roads and Plats Committee for its report and recommendation CR 817-00 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 tromp 32636 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, January 8, 2001, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 00-8-1-15, as amended, submitted by the Livonia Public Schools, for a change of zoning of property located on the west side of Cranston Avenue between Orangelawn Avenue and West Chicago Road in the Northeast 1/4 of Section 34, from PL to R-1, the City Planning Commission in its resolution 10-188- 2000 having recommended to the City Council that Petition 00- 8-1-15 be approved only with respect to Lots 1137 to 1146 and Lots 1167 to 1172, also including the east one-half of the adjacent vacated street, of Rosedale Gardens Subdivision No 4 , 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 Laura, Engebretson, Vandersloot, Pastor and Brosnan NAYS None At the direction of the Chair, Agenda Item #15, request for the City to enact an ordinance amendment that would require the use of helmets for bicyclists and rollerbladers who are under 16 years of age, was adjourned until the Regular Meeting of the Council on December 11, 2000 On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was 32637 CR 818-00 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated October 17, 2000, submitted pursuant to Council Resolution 251- 00, regarding the subject of meter separation for irrigation purposes, the Council does hereby determine to take no further action with respect to this matter On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was CR 819-00 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated October 17, 2000, submitted pursuant to Council Resolution 251- 00, regarding the subject of meter separation for irrigation purposes, the Council does hereby refer the matter of identifying meter charges on water bills to the Administration for its report and recommendation A communication from the Department of Finance, dated October 18, 2000, re solicitation of quotes for Liability and Property insurance coverage for the City of Livonia, was received and placed on file for the information of the Council (CR 680-00) A communication from the Department of Finance, dated October 25, 2000, re additional information on the Insurance Renewal Quote from MMRMA for the City liability and property insurance coverage, was received and placed on file for the information of the Council On a motion by Vandersloot, seconded by Laura, and unanimously adopted, it was CR 820-00 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated October 23, 2000, submitted pursuant to Council Resolution 680-00, and a communication from the Director of Finance, dated August 16, 2000, approved for submission by the Mayor, as well as a subsequent communication from the Director of Finance, dated 32638 October 18, 2000, regarding the renewal of the City's liability and property insurance coverage, 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) for a total minimum annual contribution of $910,000 00 for each year of a three-year period, December 1, 2000 through December 1, 2003, FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3 04 140D2 and D4 of the Livonia Code of Ordinances, as amended A communication from Mafalda Soave and Wintergarden Tavern, dated July 6, 2000, re a Cooperative Parking Agreement between these two businesses to make their respective parking spaces available to customers of both establishments, was received and placed on file for the information of the Council (Petition 00-6-8-9) A communication from Hellenic Bakery and Wintergarden Tavern, dated March 6, 2000, re a Cooperative Parking Agreement between these two businesses to make their respective parking spaces available to customers of both establishments, was received and placed on file for the information of the Council (Petition 00-6-8-9) On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was CR 821-00 RESOLVED, that having considered a report and recommendation of the Committee of the Whole, dated October 24, 2000, submitted pursuant to Council Resolution 663-00, and a communication from the City Planning Commission, dated August 3, 2000, which transmits its resolution 7-151-2000 adopted on July 25, 2000, with regard to Petition 00-6-8-9, submitted by Wintergarden Tavern, L L C , requesting site plan approval in connection with a proposal to construct a parking lot on property located at 33326 Seven Mile Road in the Southwest 1/4 of Section 32639 3, 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 00-6-8-9 is hereby approved and granted, subject to the following conditions 1 That the Revised Site and Landscape Plan marked Sheets SP-1 and SP-2, dated August 23, 2000, prepared by Stucky- Vitale Architects, is hereby approved and shall be adhered to, 2 That all light standards shall be shielded from the adjacent properties and shall not exceed 16 ft. in height; 3 That a six-foot high masonry wall shall be installed along the north property line instead of the five foot wall, 4 That the easterly portion of the masonry wall measured from the gate on the neighbor's lot to the north to the right-of-way of Westmore Avenue shall be offset approximately two (2') feet from the property line, and 5 That the petitioner shall provide sufficient signage off Westmore indicating one-way traffic only and a "Do Not Enter" sign at the west end of the alley On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 822-00 RESOLVED, that having considered a report and recommendation of the Committee of the Whole, dated October 24, 2000, submitted pursuant to Council Resolution 663-00, the Council does hereby refer the subject of parking deficiencies at Fat Willy's and Wintergarden Tavern, located on the northeast corner of Seven Mile and Farmington Roads in the southwest 1/4 of Section 3, and whether a legal or historical basis exists for allowing these establishments to operate with deficient parking to the Department of Law for its report and recommendation On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 823-00 RESOLVED, that having considered a report and recommendation of the Committee of the Whole, dated October 24, 2000, submitted pursuant to Council Resolution 663-00, the Council 32640 does hereby refer the subject of property maintenance and parking problems at D & G Heating, located near Seven Mile and Farmington Roads, to the Inspection Department for its report and recommendation On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 824-00 RESOLVED, that having considered a report and recommendation of the Committee of the Whole, dated October 24, 2000, submitted pursuant to Council Resolution 663-00, the Council does hereby refer the matter of the installation of "No Parking" signs on Westmore Avenue to the Traffic Commission for its report and recommendation On a motion by Laura, seconded by Engebretson, it was RESOLVED, that having considered a report and recommendation of the Committee of the Whole, dated October 24, 2000, submitted pursuant to Council Resolution 663-00, and a communication from the City Planning Commission, dated April 7, 2000, which sets forth its resolution 3-59-2000 adopted on March 28, 2000, with regard to Petition 00-2-2-5 submitted by Fulcrum Real Estate, L L C , on behalf of Wintergarden Tavern, L L.0 , requesting waiver use approval to expand the liquor license serving area in an existing building located on the northeast corner of Seven Mile Road and Farmington Road in the Southwest 1/4 of Section 3, which property is zoned C-2, and the Council having conducted a Public Hearing with regard to this matter on Monday, May 22, 2000, pursuant to Council Resolution 278-00, the Council does hereby refer Petition 00-2-2-5 to the Committee of the Whole for a report and recommendation Councilmember Laura withdrew his motion for the proposed foregoing resolution Councilmember Engebretson withdrew his support for the proposed foregoing resolution On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 825-00 RESOLVED, that having considered a report and recommendation of the Committee of the Whole, dated October 24, 2000, submitted pursuant to Council Resolution 663-00, and a communication from the City Planning Commission, dated April 7, 32641 2000, which sets forth its resolution 3-59-2000 adopted on March 28, 2000, with regard to Petition 00-2-2-5 submitted by Fulcrum Real Estate, L L C , on behalf of Wintergarden Tavern, L L.0 , requesting waiver use approval to expand the liquor license serving area in an existing building located on the northeast corner of Seven Mile Road and Farmington Road in the Southwest 1/4 of Section 3, which property is zoned C-2, and the Council having conducted a Public Hearing with regard to this matter on Monday, May 22, 2000, pursuant to Council Resolution 278-00, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 00-2-2-5 is hereby approved and granted subject to the following conditions 1 That the tavern shall be limited to a maximum of forty-six (46) seats, and 2 That all parking lot improvements referred to in CR 821-00 shall be completed prior to Certificate of Occupancy being issued or this waiver use taking effect, FOR THE FOLLOWING REASONS 1 That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 11 03 and 19 06 of the Zoning Ordinance, 2 That the subject site has the capacity to accommodate the proposed use, and 3 That the proposed use is compatible to and in harmony with the surrounding uses in the area On a motion by Laura, seconded by Engebretson, and unanimously adopted, it was CR 826-00 RESOLVED, that having considered a report and recommendation of the Committee of the Whole, dated October 24, 2000, submitted pursuant to Council Resolution 663-00, the Council does hereby refer the subject of the number of Police responses for assistance and violations at the Wintergarden Tavern, located on the northeast corner of Seven Mile and Farmington Roads, in the past three years to the Administration for its report and recommendation On a motion by Laura, seconded by Engebretson, and unanimously 32642 adopted, it was CR 827-00 RESOLVED, that having considered a report and recommendation of the Committee of the Whole, dated October 24, 2000, submitted pursuant to Council Resolution 663-00, the Council does hereby refer the subject of parking lot maintenance and deficiencies (including double striping of the parking spaces), number of seats, and the number of permitted mechanical amusement devices at Fat Willy's, located at the northeast corner of Seven Mile and Farmington Roads, to the Inspection Department for its report and recommendation A communication from Chester Fortuna, 33486 Norfolk, Livonia, dated October 17, 2000, re his viewpoint of the lack of service and commitment of Detroit Edison to their customers relative to power outages, was received and placed on file for the information of the Council A communication from the Office of Mayor, dated September 28, 2000, re the Administration's strategy in handling complaints related to outages and disruptions in electrical service attributed to Detroit Edison, as well as other community efforts to resolve this problem, was received and placed on file for the information of the Council (CR 678-99) A report from Detroit Edison, dated October 24, 2000, including maps and advertisements regarding electrical outages and some of their present and future projects, was received and placed on file for the information of the Council On a motion by Laura, seconded by Engebretson, and unanimously approved, it was CR 828-00 RESOLVED, that having considered a report and recommendation of the Committee of the Whole, dated October 24, 2000, submitted pursuant to Council Resolution 676-99, and having considered a request from Councilmember Joe Laura regarding the 32643 matter of citizen concerns with respect to the service provided by Detroit Edison, the Council does hereby request that Detroit Edison provide semi-annual reports to the City regarding outages, claims and complaints. A communication from the Livonia Economic Development Partnership, dated October 18, 2000, transmitting its Annual Report, was received and placed on file for the information of the Council The Economic Development Office Annual Report for the period of July 13, 1998 to July 16, 1999, dated July 23, 1999, was received and placed on file for the information of the Council A communication from the Department of Law, dated November 2, 2000, re tax increment financing not being an available option for the Seven Mile/Middlebelt area, was received and placed on file for the information of the Council (CR 637-99) A communication from the Planning Department, dated October 11, 2000, re Act 198 Tax Incentive expansion proposal to include Office properties and "High Technology Activity" in properties zoned M-1, M-2 and Office, was received and placed on file for the information of the Council (CR 746-00) On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 829-00 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 24, 2000, submitted pursuant to Council Resolution 746-00, and the reports and recommendations of the Economic Development Director, dated September 26, 2000, and October 11, 2000, approved for submission by the Mayor, in connection with expanding the City's Act 198 Tax Incentive Program to include office properties and "High Technology Activity" in properties zoned M-1, M-2 and Office, the Council does hereby concur in the 32644 recommendation set forth in the aforementioned report dated October 11, 2000, and the following guidelines are hereby approved - Act 198 Tax Abatements may be granted for properties located outside M-1 and M-2 zoning classifications for businesses that qualify under Act 198 as expanded by Public Act 247 of 2000, effective June 29, 2000, which are "engaging in a high-technology activity and/or in research and development laboratories" only in instances where the Act 198 Tax Abatement is required and used as the local incentive "match" to qualify the business for a Michigan Economic Growth Authority ("MEGA") incentive package. - The duration of tax abatements for MEGA projects outside M-1 and M-2 zoning classifications shall not exceed three (3) years (or a shorter duration at the discretion of the Council) rather than applying the duration matrix adopted pursuant to Council Resolution 144-00 that will continue to be utilized for traditional M-1 and M-2 projects applying for Industrial Facilities Exemption Certificates Councilmember Laura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 45 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" 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 A communication from the Engineering Division, dated October 31, 2000, re concurrence with request of Bernard Kaftan of Huntington Park Homes to waive sidewalk requirement at new homes located at 15374 and 15410 Shadyside, was received and placed on file for the information of the Council REVISED - SEE BOLD TYPE 32645 On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was CR 830-00 RESOLVED, that having considered a letter from Mr Bernard Kaftan, Huntington Park Homes, dated October 11, 2000, requesting elimination of the sidewalk requirement with respect to the new homes being constructed at 15374 and 15410 Shadyside, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject properties would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing in this area A communication from the Engineering Division, dated October 31, 2000, re: new legal description to be used for a sanitary sewer easement at On The Pond Apartments, 8 Mile Road between Farmington and Gill Roads, was received and placed on file for the information of the Council (CR 435-88) On a motion by Pastor, seconded by Laura, and unanimously adopted, it was. CR 831-00 RESOLVED, that having considered a communication from Mason L. Brown, II, P E , MH Consulting Service, Inc., on behalf of RNA- II Limited Partnership, dated October 10, 2000, requesting the vacating of a sanitary sewer easement and dedication of a corrected easement for a sanitary sewer associated with On the Pond Apartments, located on Eight Mile Road between Gill and Farmington Roads, in the North 1/4 corner of Section 4, the Council does hereby amend and revise Council Resolution 435-88 so as to have the same read as follows RESOLVED, that having considered a communication dated April 18, 1988, from the Department of Law transmitting for Council acceptance three (3) Grants of Easement, more particularly described as (1) Grant of Easement dated March 1, 1988, executed by R.N.A. II, a Michigan Limited Partnership, by A.S Nakadar, General Partner, for Commencing at the North quarter corner of Section 4, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan Thence N 89°41'00" East, 680 00 feet along the North line of said Section 4, thence S 00°19'00" East, 581 59 feet, thence S 45°19'00" East 216 94 feet; thence N 89°41'00" East 129 00 feet to a point on the centerline of a 16 foot easement for the 32646 location of a storm sewer and the point of beginning of this centerline description, thence S 00°19'00" East 410 99 feet to the end of said description (2) Grant of Easement dated October 1, 2000, executed by R N.A. II, a Michigan Limited Partnership, by A.S Nakadar, Managing Partner, for. New 20-foot wide Sanitary Sewer Easement Commencing at the North 1/4 corner of Section 4, T 1 S , R. 9 E , and proceeding thence along the North and South 'A line of said Section 4, S 00°04'56" W , 60 00 feet to a point on the South line of Base Line Road, thence along said line, N 89°41'00" E , 370 42 feet; thence S 00°19'00" E , 256 96 feet; thence due East 64 33 feet to a point on the centerline of a 20-foot wide Sanitary Sewer Easement and Point "A" and the point of beginning of this centerline description, thence along the centerline of said 20-foot wide easement S 00°30'02" W , 357 13 feet; thence S 45°29'53" E , 291 63 feet; thence S 44°58'54" E , 198 25 feet to Point "B", thence continuing from Point "B" S 70°20'09" E , 178 28 feet to Point "C", thence continuing from Point "C" S 69°48'39" E , 349 78 feet, thence N 84°04'48" E , 292 61 feet to Point "D", thence continuing from Point "D" N 83°51'36" E , 210 00 feet; thence N 00°13'37" W , 254 00 feet to a point of ending, thence from aforementioned Point "A" along the centerline of said 20-foot wide easement DUE EAST 180 00 feet to a point of ending, thence from aforementioned Point "B" along the centerline of said 20-foot wide easement S 17°50'15" W , 53 56 feet to a point of ending and also the point of beginning of existing sanitary sewer easement as recorded in Liber 24025, Page 846, Wayne County Records, thence from aforementioned Point "C" along the centerline of said 20-foot wide easement N 00°23'27" E , 343 90 feet to a point of ending, thence from aforementioned Point "D" along the centerline of a 20-foot wide easement N 17°11'43" W , 324 75 feet; thence S 89°3218" W , 296 67 feet to a point of ending and ending of this easement description (3) Grant of Easement dated March 1 , 1988, executed by R N.A. II, a Michigan Limited Partnership, by A S Nakadar, General Partner, for. Commencing at the North Quarter corner of Section 4, Town 1 South, Range 9 East, City of Livonia, Wayne County, 32647 Michigan Thence North 89 degrees 41 minutes 00 seconds East 370 00 feet along the North line of said Section 4, v Thence South 00 degrees 19 minutes 00 seconds East 65 00 feet to a point on the centerline of a 10 foot wide easement for the location of a water main and the point of beginning of this centerline description, Thence along the centerline of said 10 foot easement North 89 degrees 41 minutes 00 seconds East 304 00 feet to a point on the centerline of a 12 foot wide easement; Thence along the centerline of said 12 foot wide easement South 00 degrees 19 minutes 00 seconds East 243 75 feet to a point "A", Thence from said point "A" along the centerline of said 12 foot wide easement South 89 degrees 41 minutes 00 seconds West 176 00 feet; Thence from said point "A" along the centerline of said 12 foot wide easement South 00 degrees 19 minutes 00 seconds East 2i0 33 feet to a point "B", Thence from said point "B" along the centerline of said 12 foot easement South 89 degrees 41 minutes West 51 00 feet; Thence from said point "B" along the centerline of said 12 foot wide easement South 00 degrees 19 minutes 00 seconds East 65 00 feet, Thence continuing along the centerline of said 12 foot easement South 45 degrees 19 minutes 00 seconds East 211 9 feet to a point "C", Thence from said point "C" along the centerline of said 12 foot easement South 44 degrees 41 minutes 00 seconds West 118 00 feet; Thence from said point "C" along the centerline of said 12 foot easement South 45 degrees 19 minutes 00 seconds East 10 00 feet; Thence continuing along the centerline of said 12 foot easement North 89 degrees 41 minutes 00 seconds East 228 67 feet to a point "D", Thence from said point "D" along the centerline of said 12 foot easement South 00 degrees 19 minutes 00 seconds East 128 88 feet; Thence continuing along the centerline of said 12 foot easement South 45 degrees 19 minutes 00 seconds East 13 58 feet; Thence continuing along the centerline of said 12 foot easement South 00 degrees 19 minutes 00 seconds East 146 69 feet; Thence continuing along the centerline of said 12 foot easement South 70 degrees 19 minutes 00 seconds East 73 63 feet; Thence continuing along the centerline of said 12 foot easement North 89 degrees 39 minutes 56 seconds East 38 51 to a point "E", Thence from said point "E" along the centerline of said 12 foot easement South 00 degrees 20 minutes 04 seconds East 70 00 feet; Thence continuing along the centerline of said 12 foot easement South 22 degrees 09 minutes 56 seconds West 40 00 feet; Thence continuing from said point 32648 "E" along the centerline of said 12 foot easement North 89 degrees 39 minutes 56 seconds East 175 43 feet; Thence continuing along the centerline of said 12 foot easement North 71 degrees 18 minutes 24 seconds East 149 68 feet; Thence continuing along the centerline of said 12 foot easement South 18 degrees 41 minutes 36 seconds East 71 46 feet; Thence continuing along the centerline of said 12 foot easement North 89 degrees 41 minutes 00 seconds East 192 75 feet; Thence continuing along the centerline of said 12 foot easement North 00 degrees 19 minutes 00 seconds West 330 91 feet to a point "F", Thence continuing from said point "0" along the centerline of said 12 foot easement North 89 degrees 41 minutes 00 seconds East 650 06 feet to said point "F", Thence from said point "F" continuing along the centerline of said 12 foot easement North 89 degrees 41 minutes 00 seconds East 200.20 feet; Thence continuing along the centerline of said 12 foot ease- ment South 00 degrees 03 minutes 10 seconds West 390 52 feet; Thence continuing along the centerline of said 12 foot easement South 16 degrees 12 minutes 57 seconds West 57 96 feet; Thence continuing along the centerline of said 12 foot easement South 06 degrees 21 minutes 13 seconds East 10 00 feet to the point of ending of this centerline description, said point being South 83 degrees 38 minutes taw 47 seconds West 75 49 feet from the Southeasterly most corner of the project site the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution, FURTHER, to the extent that the previously recorded easement referred to in (2) above was incorrect due to a clerical error in the legal description, the following property (incorrect easement) is hereby vacated Commencing at the North Quarter corner of Section 4, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan Thence North 89 degrees 41 minutes 00 seconds East 370 00 feet along the North line of said Section 4, thence S 00 degrees 19 minutes 00 seconds East 710 00 It and thence S 49 degrees 19 minutes 00 seconds East, 490' and thence South 70 degrees 19 minutes 00 seconds East 45 00 feet to a point on the centerline of a 20 foot wide easement for the location of a sanitary sewer and the point of beginning of this centerline description, Thence along the 32649 centerline of said 20 foot easement North 19 degrees 41 minutes 00 seconds East 47 00 feet to a point "G" on the centerline of a 20 foot wide easement; Thence along the diko centerline of said 20 foot wide easement North 43 degrees 43 minutes 08 seconds West 193 14 feet; Thence continuing along the centerline of said 20 foot wide easement North 45 degrees 19 minutes 00 seconds West 300 00 feet; Thence continuing along the centerline of said 20 foot easement North 00 degrees 19 minutes West 356 49 feet; Thence continuing along the centerline of said 20 foot wide easement North 89 degrees 41 minutes 00 seconds East 180 00 feet to a point of ending; Thence from the aforesaid point "G" along the centerline of said 20 wide foot easement South 71 degrees 10 minutes 48 seconds East 185.82 feet to a point "H", Thence from said point "H" along the centerline of said 20 foot easement North u0 degrees 19 minutes 00 seconds West 353 63 feet; Thence from said point "H" along the centerline of said 20 foot easement South 71 degrees 10 minutes 48 seconds East 345 14 feet; Thence continuing along the centerline of said 20 foot easement North 83 degrees 38 minutes 47 seconds East 285 71 feet to a point "I", Thence from said point "I" along the centerline of said 20 foot easement South 18 degrees 41 minutes 36 seconds West 320 52 feet; Thence continuing along the centerline of said 20 foot easement South 89 degrees 41 minutes 00 seconds West 310 00 feet; Thence from said point "I" continuing along the centerline of said 20 foot easement North 83 degrees 38 minutes 47 seconds East 212 74 feet; Thence continuing along the centerline of said 20 foot easement North 00 degrees 19 minutes 00 seconds West 260 60 feet to the point of ending of this centerline description On a motion by Pastor, seconded by Laura, and unanimously adopted, it was CR 832-00 RESOLVED, that having considered a communication from the City Assessor, dated October 2, 2000, approved for submission by the Mayor, with regard to a request from Leo Soave, 34822 Pembroke, 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 of Tax Item No 46-050-99-0044- 000 into three (3) parcels, the legal descriptions of which shall read as follows 32650 PARCEL A Part of the Northwest 1/4 of Section 13, T 1 S , R.9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point distant South 00 degrees 06 minutes 30 seconds West 1101.24 feet and due West 1256 91 feet from the North 1/4 corner of said Section 13, and proceeding thence due South 88 10 feet; thence due West 320 00 feet; thence due North 88 10 feet; thence due East 320 00 feet to the Point of Beginning Except the West 30 00 feet thereof PARCEL B Part of the Northwest 1/4 of Section 13, T 1 S , R.9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point distant South 00 degrees 06 minutes 30 seconds West 1101.24 feet and due West 1256 91 feet and due South 88 10 feet from the North 1/4 corner of said Section 13, and proceeding thence due South 88 00 feet; thence due West 320 00 feet; thence due North 88 00 feet; thence due East 320 00 feet to the Point of Beginning Except the West 30 00 feet thereof PARCEL C Part of the Northwest 1A of Section 13, T 1 S , R.9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point distant South 00 degrees 06 minutes 30 seconds West 1101 24 feet and due West 787 91 feet from the North 1/4 corner of said Section 13, and proceeding thence due South 176 10 feet; thence due West 469 00 feet; thence due North 176 10 feet; thence due East 469 00 feet to the Point of Beginning 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 until a variance is granted by the Zoning Board of Appeals as to every nonconforming lot resulting from such split, none of said lots may be sold, leased or transferred A paid receipt received in the Office of the City Clerk, dated November 6, 2000, re false alarm billing for Real Seafood Grill, 37716 Six Mile Road, Livonia, was received and placed on file for the information of the Council Mr Samir Mashni, 27010 Joy Road, Redford, Michigan 48239, spoke to the Council about a new restaurant that will have a proposed opening in 32651 early January, 2001 It will be called the Sheik Bar & Grill, featuring Middle Eastern cuisine, and it will be located at 37716 Six Mile Road, Livonia On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was CR 833-00 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 1, 2000, and the report and recommendation of the Chief of Police, dated October 20, 2000, approved for submission by the Mayor, the Council does hereby approve of the request from Dean's Place, Inc for transfer of ownership of a 2000 Class C Licensed Business with Outdoor Service (One Area) from Real Seafood Company of Laurel Park Place, Inc for a business located at 37716 Six Mile, Suite A 100, Livonia, Michigan 48152, Wayne County; and for an Official Food Permit; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Pastor, seconded by Vandersloot, and unanimously adopted, it was CR 834-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated October 9, 2000, which bears the signature of the Director of Finance and is approved for submission by Mayor, with regard to the improvement of the parking area in front of the Kingston Terrace Condominiums located on the west side of Middlebelt Road (S.A.D No 399) in the Northeast 1/4 of Section 35, the Council does hereby determine as follows To authorize a revision and amendment to Special Assessment District No 399 in accordance with the revised assessment roll attached to the aforesaid communication so as to increase the total assessment as set forth in the confirmed assessment roll for Special Assessment District No 399 from $65,520 00 to $70,504 00, with the assessments to be increased to the assessment rate of $1,259 00 per unit (a 7 3% increase), which amendment will reflect actual costs incurred in this project; To establish the final project cost at $89,571.23, of which $70,504 00 is to be charged to the special assessment district and $19,067.23 is to be assumed by the City's 32652 Michigan Transportation Fund (Major Road Account) receipts, To authorize an expenditure in the amount of $89,571.23 from the General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($70,504 00) and from Michigan Transportation Fund (Major Road Account) receipts ($19,067.23). and the City Assessor, City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution A communication from the Engineering Division, dated November 1, 2000, re bonding and other issues insuring the protection and/or repair of Grove and Savoie Streets during and following the construction of Wooded Creek Subdivision, located on the south side of Six Mile Road between Savoie and Harrison, was received and placed on file for the information of the Council Mr William Roskelley, representative of the Wooded Creek Subdivision, spoke to the Council regarding the following points 1 Corrected legal description for the subdivision 2 Asking for a sidewalk requirement waiver, and 3 Requesting permission to provide an Irrevocable Letter of Credit instead of a Cash Bond in the amount of $11,200 00 Bill Craig, 20050 Milburn, Livonia, addressed the Council regarding the question of whether the new Wayne County Stormwater Management Ordinance was taken into consideration relating to the Site Plan for Wooded Creek Subdivision On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was CR 835-00 RESOLVED, that having considered a communication from the City Planning Commission, dated October 5, 2000, which transmits its resolution 10-179-2000, adopted on October 3, 2000, 32653 with regard to the proposed preliminary plat of Wooded Creek Subdivision to be located on the south side of Six Mile Road between Savoie and Harrison in the Northwest 1/4 of Section 13, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on October 3, 2000, the Council does hereby approve of the said preliminary plat based upon the same conditions as those set forth in the aforesaid Planning Commission action and subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements, subject to the following conditions. (1) That the Petitioner will provide an Irrevocable Letter of Credit in lieu of a Cash Bond as stated in the Engineering Division letter of November 1, 2000, for the same amount of $11,200 00, and (2) That the sidewalk requirement in the Site Plan be waived Councilmember Engebretson would like the record to show that he supports condition (2) of the foregoing resolution with reluctance because of safety concerns for residents without sidewalks in their subdivision A communication from Earl G Goetsch, 15255 Knolson, Livonia, dated October 30, 2000, re his concerns related to installation of a proposed wireless communications facility by Sprint PCS to be located at 39200 Five Mile Road, was received and placed on file for the information of the Council (Petition 00-7-2-28) A communication from Richard Connor Riley & Associates, L.L.0 , 30150 Telegraph Road, Suite 420, Bingham Farms, Michigan, 48025, dated November 1, 2000, re revised site plans for a flagpole design for a telecommunications tower, was received and placed on file for the information of the Council (Petition 00-7-2-28) On a motion by Pastor, seconded by Laura, it was 32654 CR 836-00 RESOLVED, that having considered a communication from the City Planning Commission, dated October 5, 2000, which transmits its Resolution 10-184-2000, adopted on October 3, 2000, with regard to Petition 00-7-2-28, submitted by R.0 Riley & Associates, on behalf of Sprint PCS, requesting waiver use approval to install a 133 foot monopole antenna structure for shared usage and its accompanying electronic equipment cabinets on property located on the north side of Five Mile Road between the 1-275 Freeway and Knolson Avenue in the southwest 1/4 of Section 18, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 00-7-2-28 is hereby approved and granted, subject to the following conditions 1 That the architectural Site Plan, marked Sheet A-1, prepared by Kennith Clark Associates, Inc , with a revision date of September 26, 2000, is hereby approved and shall be adhered to, 2 That the enlarged Site Plan, marked Sheet A-2, prepared by Kennith Clark Associates, Inc , with a revision date of September 26, 2000, is hereby approved and shall be adhered to, 3 That the Tower Elevations, marked Sheet A-3, prepared by Kennith Clark Associates, Inc., with a revision date of September 26, 2000, are hereby approved and shall be adhered to, 4 That the Site Details Plan, marked Sheet A-4, prepared by Kennith Clark Associates, Inc , with a revision date of September 26, 2000, is hereby approved and shall be adhered to, 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Engebretson, Vandersloot and Pastor NAYS Brosnan The President declared the resolution duly adopted 32655 On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it was CR 837-00 RESOLVED, that having considered a communication from Rebecca C Touchstone, Advertising/Publicity Head, Plymouth Theatre Guild, dated October 26, 2000, requesting permission to display signs announcing the upcoming theatrical shows to be held at the Water Tower Theatre on the grounds of Northville Psychiatric Hospital, the Council does hereby deny this request. Councilmember Pastor left the podium at 9 30 p m due to a conflict of interest. On a motion by Laura, seconded by Engebretson, and unanimously adopted, it was CR 838-00 RESOLVED, that GHP II, LLC, 34018 Beacon, Livonia, Michigan 48150, as proprietor, having requested the City Council to approve the River Pines Site Condominium Development in the Northwest 1/4 of Section 9 of the City of Livonia (hereafter the "Condominium"), and it further appearing that approval of the Master Deed, bylaws and site plan for the Condominium was given by the City Planning Commission on October 30, 1998, and by the City Council on September 15, 1999, and it further appearing that such site plan, together with Development Plans and specifications for improvements have been examined and approved by the Department of Public Works as set forth in the report of that Department, dated October 23, 2000, therefore, the City Council does hereby determine as follows (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including Sections 18 62 and 18 63 of Ordinance No 543, as amended, and the provisions referenced therein, and the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such Department, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval granted by the City shall be considered null, void and of no effect whatsoever; 32656 (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said ordinance provisions, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in such ordinance provisions, (4) That the proprietor shall enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved Development Plans, (5) That as a condition of obtaining necessary engineering permits prior to commencing the required improvements, the proprietor shall file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period in the following amounts (a) General Improvement Bond $16,000 00, of which at least $ 5,000 00 shall be in cash (b) Sidewalk Bond $ 22,000 00, of which at least $ 4,000 00 shall be in cash (c) Grading & Soil Erosion $ 7,200 00 cash and require cash payments in the total amount of $37,955 00 (6) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the Condominium in accordance with City ordinances Councilmember Pastor returned to the podium at 9 31 p m 32657 A communication from the law offices of Abbott, Nicholson, Quilter, Esshaki & Youngblood, dated November 6, 2000, re application of Wendy's International for Site Plan Review and Approval, was received and placed on file for the information of the Council (Petition 00-5-2-19) Kim Homan, attorney for Abbott, Nicholson Quilter, Esshaki & Youngblood, 300 River Place, Suite 3000, Detroit, Michigan 48207, was present at the meeting and spoke regarding the application of Wendy's International for site plan review and approval On a motion by Laura, seconded by Pastor, and unanimously adopted, it was CR 839-00 RESOLVED, that having considered a communication from the City Planning Commission, dated July 14, 2000, which sets forth its resolution 7-137-2000 adopted on July 11, 2000, with regard to Petition 00-5-2-19 submitted by Jeffery A. Scott Architects, on behalf of Wendy's International, requesting waiver use approval to construct and operate a full service restaurant with drive-up window facilities on property located on the west side of Middlebelt Road between Schoolcraft Road and Industrial Road in the Northeast 1/4 of Section 26, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on Wednesday, October 4, 2000, pursuant to Council Resolution 603-00, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 00-5-2-19 is hereby denied, for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance No 543, 2 That the proposed use, due to its location, size and character, would be detrimental to and would adversely affect the surrounding uses in the area, 3 That the proposed site layout and its relation to streets giving access to it, particularly with respect to vehicular turning movements in relation to routes of traffic flow and location and access to off-street parking, will be hazardous and inconvenient to the neighboring property and the neighboring area in general, 32658 4 That the proposed use is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to insure compatibility and appropriateness of uses, 5 That the petitioner has failed to comply with all the concerns deemed necessary for the safety and welfare of the City and its residents, 6 That the petitioner's proposed use would exacerbate a parking and access problem already existing at the site, and 7 That the presence of petitioner's proposed use, and signage therefore, would exacerbate existing driver confusion at an already congested intersection On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was. CR 840-00 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 7 53 acres lying in the North 1/2 of Section 25, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 81," and WHEREAS, written notice has been given by certified mail to Oliver/Hatcher Construction & Development, Inc of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 81, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 81 , and WHEREAS, on Wednesday, October 18, 2000, a public hearing was held on the establishment of proposed City of Livonia Industrial 32659 Development District No 81, at which time Oliver/Hatcher Construction & Development, Inc and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of Oliver/Hatcher Construction & Development, Inc. attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 81 " EXHIBIT A Part of the North 1/2 of Section 25, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, being more particularly described as follows Commencing at the Northwest corner of Section 25 T 1 S , R 9 E , City of Livonia, Wayne County, Michigan and running thence South 00 degrees 27 minutes 00 seconds West along the West line of said Section 25, a distance of 1169 51 feet to a point; thence South 89 degrees 34 minutes 33 seconds east, a distance of 60 00 feet to a point on the Easterly line of Middlebelt Road (width varies), thence along the Easterly line of Middlebelt Road, South 00 degrees 27 minutes 00 seconds west, 166 93 feet; thence South 89 degrees, 34 minutes 33 seconds East, a distance of 127 81 feet; thence North 73 degrees 41 minutes 04 seconds east, a distance of 261 60 feet; thence South 89 degrees 34 minutes 33 seconds East, a distance of 594 27 feet; thence South 33 degrees 45 minutes 30 seconds East, a distance of 90 69 feet, thence South 12 degrees 33 minutes 51 seconds East, a distance of 181 35 feet; thence South 00 degrees 26 Minutes 49 seconds West; a distance of 522 53 feet; thence South 61 degrees 31 minutes 39 seconds East, a distance of 6718 feet to the point of beginning of the site herein described, thence proceeding South 89 degrees 27 minutes 35 seconds East, a distance of 630 00 feet; thence South 00 degrees 13 minutes 23 REVISED - SEE BOLD TYPE 32660 seconds West, a distance of 520 67 feet to a point on the Northerly line of the Chesapeake and Ohio Railroad right- of-way (99 feet wide), thence North 89 degrees 26 minutes 43 seconds West along the Northerly line of said railroad right-of-way, said line being 49 50 feet Northerly of, as measured at right angles to and parallel with the East and West 1/4 line of said Section 25, a distance of 630 00 feet; thence North 00 degrees 13 minutes 23 seconds East, a distance of 520 52 feet to the point of beginning of the site herein described, containing 327,971 square feet or 7 53 acres of land more or less. On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was CR 841-00 City of Livonia, County of Wayne, Michigan A resolution granting the "Speculative Building" designation to Oliver/Hatcher Construction & Development, Inc 's facilities located at 28451 and 28501 Schoolcraft Road, Livonia, Michigan pursuant to and in accordance with Act 198 of the Public Acts of 1974, as amended WHEREAS, the City Council of the City of Livonia has established an Industrial Development District, pursuant to the provisions of Act No 198 of the Public Acts of 1974, as amended, (the "Act") encompassing land situated in the City of Livonia and comprised of an area of approximately 7 53 acres lying in the North 1/2 of Section 25, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is referred to as "City of Livonia Industrial Development District No 81," and WHEREAS, the City of Livonia has received a request from Oliver/Hatcher Construction & Development, Inc for a "Speculative Building in Units"-designation pursuant to the Act for facilities which are being constructed within said Industrial Development District; and WHEREAS, the City wishes to preserve its right to induce qualified manufacturers to locate in the City of Livonia at said facilities by offering the opportunity for tax abatement under the Act; and WHEREAS, the granting of said designation will under the Act allow the City of Livonia to consider future applicants the granting of tax REVISED - See Bold Type 32661 abatement for such qualified manufacturers as may purchase or become tenants of the facilities, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA AS FOLLOWS 1 The City of Livonia hereby grants to the industrial facilities located at 28451 and 28501 Schoolcraft Road, Livonia, Michigan, pursuant to the authority delegated to the City of Livonia under Act 198 of 1974, as amended, the "Speculative Building In Units" designation 2 The City of Livonia accepts the preliminary division of the facilities into four (4) units identified as follows a Unit #1 - 31,412 square feet b Unit#2 - 31,412 square feet c. Unit#3 - 22,685 square feet d Unit#4 - 22,685 square feet which units are depicted on the attached sketch incorporated herein 3 Oliver/Hatcher Construction & Development, Inc. may assemble one or more of said units into larger units or single unit for sale or lease to a qualified manufacturer or manufacturers as same is defined in Act 198 of 1974, as amended 4 The granting of the "Speculative Building in Units" designation for the facility does not create any vested right on the part of Oliver/Hatcher Construction & Development, Inc., its successors in interests or any tenants of the facilities to receive tax abatement as provided under Act 198 of 1974, as amended, the designation being granted to preserve the opportunity for future qualified manufacturer or manufacturers under said Act to submit an application(s) to the City of Livonia requesting tax abatement under said Act. 5 The City Clerk is hereby directed to forward a certified copy of this resolution to the State Tax Commission for the State of Michigan e 32662 EXHIBIT A Part of the North 1/2 of Section 25, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, being more particularly described as follows Commencing at the Northwest corner of Section 25 T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan and running thence South 00 degrees 27 minutes 00 seconds West along the West line of said Section 25, a distance of 1169 51 feet to a point; thence South 89 degrees 34 minutes 33 seconds east, a distance of 60 00 feet to a point on the Easterly line of Middlebelt Road (width varies), thence along the Easterly line of Middlebelt Road, South 00 degrees 27 minutes 00 seconds west, 166 93 feet; thence South 89 degrees, 34 minute-5' 33 seconds East, a d;stance of 127 81 feet; thence North 73 degrees 41 minutes 04 seconds east, a distance of 261 60 feet; thence South 89 degrees 34 minutes 33 seconds East, a distance of 594 27 feet; thence South 33 degrees 45 minutes 30 seconds East, a distance of 90 69 feet; thence South 12 degrees 33 minutes 51 seconds East, a distance of 181 35 feet; thence South 00 degrees 26 Minutes 49 seconds West, a distance of 522 53 feet; thence South 61 degrees 31 minutes 39 seconds East, a distance of 67 18 feet to the point of beginning of the site herein described, thence proceeding South 89 degrees 27 minutes 35 seconds East, a distance of 630 00 feet; thence South 00 degrees 13 minutes 23 seconds West, a distance of 520 67 feet to a point on the Northerly line of the Chesapeake and Ohio Railroad right- of-way (99 feet wide), thence North 89 degrees 26 minutes 43 seconds West along the Northerly line of said railroad right-of-way, said line being 49 50 feet Northerly of, as measured at right angles to and parallel with the East and West 1/4 line of said Section 25, a distance of 630 00 feet; thence North 00 degrees 13 minutes 23 seconds East, a distance of 520 52 feet to the point of beginning of the site herein described, containing 327,971 square feet or 7 53 acres of land more or less On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was CR 842-00 RESOLVED, that the Council does hereby refer the matter of current taxes for the entire Millennium Park property, and 32663 the prospective taxes for the completed project to the City Assessor for a report and recommendation On a motion by Pastor, seconded by Vandersloot, and unanimously adopted, it was CR 843-00 RESOLVED, that having considered a communication from the City Planning Commission, dated August 3, 2000, which sets forth its resolution 7-144-2000, adopted on July 25, 2000, with regard to Petition 00-6-1-12, submitted by Alex Ali, for a change of zoning of property located on the southerly 135 feet of Lot 5 of Strathcona Gardens Subdivision, located on the northwest corner of Deering Road and Five Mile Road in the Southeast 1/4 of Section 13, from OS to C-1, and the Council having conducted a public hearing with regard to this matter on Wednesday, October 18, 2000, pursuant to Council Resolution 707-00, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-6-1-12 is hereby denied for the following reasons 1 That the proposed change of zoning is inconsistent with the Future Land Use Plan designation of office use for the subject area, Ere 2 That the proposed change of zoning is inconsistent with the existing OS zoning district occurring on the lands to the west, north and east of the subject property; 3 That the existing commercial zoning along Five Mile Road between Middlebelt and Inkster Roads adequately provides for commercial uses in this area, 4 That there is no demonstrated need for additional commercial uses in this area, 5 That the proposed change of zoning is not necessary for the development of the subject property; and 6 That the proposed change of zoning would tend to encourage future requests for similar zoning changes along the north side of Five Mile Road in this area A communication from the Engineering Division, dated November 2, 2000, re the methods of payment for past paving projects on Lyndon Avenue 32664 between Middlebelt and Merriman Roads, relative to the proposed Special • Assessment Street Improvement Project on Henry Ruff Road, was received and placed on file for the information of the Council A communication from the Engineering Division, dated November 2, 2000, re estimates of costs for various pavement cross sections relative to the proposed Special Assessment Street Improvement Project on Henry Ruff Road, was received and placed on file for the information of the Council A communication from the Engineering Division, dated October 23, 2000, re the condition of Hoy Road, and assessment costs for alternate paving methods for Henry Ruff Road, was received and placed on file for the information of the Council Don Laurenchuk, 14726 Flamingo, Livonia, spoke to the Council in support of the proposed paving on Henry Ruff Road between Lyndon and Five Mile Road Leo Culver, 30407 Hoy, spoke to Council asking them to investigate alternate ways to keep costs down on the paving project on Henry Ruff Road between Lyndon and Five Mile Road On a motion by Pastor, seconded by Laura and unanimously adopted, it was CR 844-00 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 24, 2000, on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on October 18, 2000, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine to make the road improvement consisting of the proposed street improvement of Henry Ruff between Five 32665 Mile and Lyndon in the Northeast and Northwest 1/4 of Section 23, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated August 24, 2000, (4) determine that the estimated cost of such improvement is $370,000 00, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 80% of paving ($255,367 48) and 80% of drainage ($41,000 00) and that a portion of the balance of said cost and expense of said public improvement amounting to 18% of paving ($57,515 98) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) and the Council does hereby request that the Livonia Board of Education agree to assume their share in the cost of this project which is estimated to be in the amount of 2% of paving costs ($6,116 54) and 20% of drainage costs ($10,000 00) for a total share of $16,116 54 (8) determine that assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance, (9) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A Special Assessment District in the N E and N W 1/4 of Section 23, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan described as containing the property listed on the attached Special Assessment Roll and shown on the attached Special Assessment District Map 32666 (10) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (11) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon as required by Section 3 08 110 of the said Code On a motion by Pastor, seconded by Laura, and unanimously adopted, it was CR 845-00 RESOLVED, that the Council does hereby refer the matter of possible additional traffic control measures to be taken on Henry Ruff (additional signs, etc ) and related parking issues to the Traffic Commission for its report and recommendation On a motion by Pastor, seconded by Laura, and unanimously adopted, it was CR 846-00 RESOLVED, that having considered a communication from the Department of Law, dated October 27, 2000, 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, Pastor and Brosnan 32667 NAYS None The President declared the foregoing resolution duly adopted On a motion by Pastor, seconded by Vandersloot, and unanimously adopted, it was CR 847-00 RESOLVED, that having considered a communication from the Department of Law, dated October 24, 2000, approved for submission by the Mayor, which submits a quit claim deed for City-owned property located on Seven Mile Road west of Parkville for right-of-way purposes in connection with the Seven Mile Road Improvement Project, the legal description of which is as follows The South 60 feet of the following described properties located in part of the Southwest 1/4 of Section 1, Town 1 South, Range 9 East, City of Livonia Wayne County Michigan Parcel 1 The East 150 00 feet of Lot 415 Supervisor's Livonia Plat No 7 of the West 'A of the Southwest 'A of Section 1, T 1 S , R. 9 E , thereof as recorded in Liber 66 of Plats on Page 58, Wayne County Records, except the North 60 feet thereof; and Parcel 2 The West 100 feet of East 250 00 feet Lot 415 Supervisor's Livonia Plat No 7 of the West 1/2 of the Southwest 1/4 of Section 1, T 1 S , R 9 E , thereof as recorded in Liber 66 of Plats on Page 58, Wayne County Records the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute a quit claim deed to the County of Wayne and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction On a motion by Engebretson, seconded by Pastor, and unanimously adopted, this 1,428th Regular Meeting of the Council of the City of Livonia was adjourned at 10 03 p m , November 8, 2000 cCotter, City Clerk