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HomeMy WebLinkAboutCOUNCIL MINUTES 2000-05-17 32284 MINUTES OF THE ONE THOUSAND FOUR HUNDRED SEVENTEENTH REGULAR MEETING OF MAY 17, 2000 On May 17, 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 Walsh, Brian Duggan and Maureen Miller Brosnan Absent: John Pastor- illness Elected and appointed officials present. Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Robert Beckley, Director of Public Works, Dave Woodcox, Director of Building Inspection, Jim Inglis, Director of Housing, Mary Rutan, Personnel Director and Ian Wilshaw, Traffic Commission On a motion by Engebretson, seconded by Duggan, and unanimously adopted, it was #350-00 RESOLVED, that the minutes of the 1,416`h Regular Meeting of the Council held May 3, 2000 are hereby approved as submitted During the audience communication portion of the meeting, Councilmember Laura presented a Commendation to Dr Lynn Babcock in recognition of her considerable accomplishments and her service as President of the National Association of Elementary Principals Councilmember Vandersloot wished her husband, Don, a belated "Happy Brithday" and also thanked the participants and organizers of Arbor Day in Livonia Councilmember Engebretson announced that the Friends of Greenmead are having their Garden Walk on June 24, 2000, and he also spoke about changes in zoning ordinances REVISED - SEE BOLD TYPE 32285 On a motion by Engebretson, seconded by Walsh, and unanimously adopted, it was CR 351-00 RESOLVED, upon consideration of remarks of Councilmember Jack Engebretson, the Council does hereby refer the subject matter of covered parking in R-8 and R-8C zoning districts to the Planning Commission for a Public Hearing Councilmember Duggan wished all mothers a belated "Happy Mother's Day" A communication from the Department of Finance, dated April 20, 2000, re forwarding various financial statements of the City of Livonia for the month ending March 31, 2000, was received and placed on file for the information of the Council At the direction of the Chair, Item #21, Petition 00-3-8-3 for site plan approval for an office building located at 19815 Farmington Road, was removed from the Consent Agenda On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 352-00 RESOLVED, that having considered an application from Michael Coliton, 28652 Grandon, dated April 17, 2000, requesting permission to close Grandon, between Harrison and Brentwood, on Sunday, May 28, 2000, from 2:00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, June 3, 2000, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 353-00 RESOLVED, that having considered a petition, dated May 8, 2000, and a request from Ted White, 14460 Hubbard, in connection with issues pertaining to golf course management and fees, the Council does hereby refer this matter to the Mayor for a report and recommendation CR 354-00 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 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 of one (1) 2000 Ford Expedition 4-door 4x4 from Signature Ford, 3942 W Lansing Road, Perry, Michigan 48872, for a total price of $27,462 00, the same to be expended from the Traffic Bureau Capital Outlay Vehicle Account No 101-302-985-000 ($18,220 00), the Vehicle Salvage Settlement ($3,000 00) and the Federal Forfeiture Account No 265-334-985-000 Capital Outlay Vehicle 32286 ($6,242 00) for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low Macomb County consortium bid, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A communication from the Department of Finance, dated May 2, 1000, re an annual report on the investment activity of City funds, excluding the City's pension funds, was received and placed on file for the information of the Council CR 355-00 RESOLVED, that having considered the report and recommendation of the Personnel Director, dated April 24, 2000, approved for submission by the Mayor, and which transmits resolutions adopted by the Board of Trustees of the Livonia Employees Retirement System on December 1, 1999, and the Civil Service Commission on April 18, 2000, regarding approval of the transfer of funds between employee divisions of the Pension Accumulation Fund for the Retirement System's Defined Benefit Plan, the Council does hereby concur in the recommended action and does hereby authorize the transfer of surplus funds in the amount of $2,047,880 00 from the General Employee Division Reserves of the Pension Accumulation Fund, with $1,260,052 00 to be allocated to the Police Employee Division and $787,828 00 to be allocated to the Fire Employee Division, resulting in revised city contribution rates after the city's amortization payment of 2 91% and 17 06% for the Police and Fire Division, respectively, to be effective December 1, 1999 CR 356-00 RESOLVED, that having considered the report and recommendation of the Housing Director, dated April 21, 2000, approved for submission by the Mayor, and which indicates that the Housing Commission has recommended adjustments in the admission and continued occupancy income limits for Silver Village, Newburgh Village and City-owned homes, the Council does hereby concur and approve of the recommended action with respect to admission income limits and does hereby approve the following adjustments ADMISSION Present Income Limits Revised Income Limits One Person $33,450 $34,950 Two Persons $38,250 $39,950 Three Persons $43,000 $44,950 Four Persons $47,800 $49,900 32287 Five Persons $51,600 $53,900 Six Persons $55,450 $57,900 CR 357-00 RESOLVED, THAT WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs, and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and WHEREAS, to obtain its Fiscal Year 2000-2001 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1974, as amended, the City of Livonia must submit a Statement of Community Development Objectives and Projected Use of Funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate federal and state laws and Department of Housing and Urban Development regulations, and satisfactory assurances that, prior to submission of its Final Statement of Community Development Objectives and Projected Use of Funds, it has (a) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate income persons, and other important program requirements, (b) held a public hearing to obtain the views of citizens on community development and housing needs, and (c) provide citizens an adequate opportunity to examine the content of and to submit comments on the proposed Statement of Community Development Objectives and Projected Use of Funds, NOW, THEREFORE, BE IT RESOLVED by the City Council of Livonia, Michigan, that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year 2000-2001 Community Development Block Grant Program is hereby approved and shall be submitted to the U S Department of Housing and Urban Development. CR 358-00 RESOLVED, that having considered the report and recommendation of the Housing Director and the Supervisor of the Community Development Office of the Housing Commission, dated April 12, 2000, approved for submission by the Mayor, to which is attached a revised Program Manual for the CDBG-funded Minor Home Repair 32288 Program, the Council does hereby approve such revised Program Manual in the manner and form herein submitted A communication from Livonia Housing Commission, dated April 26, 2000, L re the Fiscal Year 2000 Capital Fund Modernization Program, the Fiscal Year 2000 Public Housing Drug Elimination Program and the Fiscal Year 2000 Section 8 Housing Choice Vouchers (Canton Commons) was received and placed on file for the information of the Council CR 359-00 RESOLVED, that having considered the report and recommendation of the Housing Director and the Supervisor of the Community Development Office of the Housing Commission, dated April 17, 2000, approved for submission by the Mayor, requesting approval to notify the U S Department of Housing and Urban Development of the City's intent to develop a consortium with Wayne County, Redford Township and Lincoln Park for the purpose of participating in the HOME Investment Partnerships Program (HOME), the Council does hereby authorize the Mayor to express, on behalf of the City of Livonia, its intent to develop a consortium for the purposes described in the aforementioned report and recommendation CR 360-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 26, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of W F Miller Company, 25125 Trans-X, Novi, Michigan 48376, for supplying the Public Service Division (Whispering Willows Golf Course Section) with one (1) 4-wheel drive hydraulic mower for a net price of $35,105 00, based on a total price of $37,795 00 less trade-in of $2,690 00, the same having been in fact the lowest bid received and meets all specifications CR 361-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 26, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Spartan Distributors, Inc., 487 W Division Street, Sparta, Michigan 49345, for supplying the Public Service Division (Whispering Willows, Idyl Wyld and Fox Creek Golf Course Sections) with three (3) 3-reel riding greensmowers for a net price of $34,760 00, based on a total price of $43,560 00 less trade-ins of 32289 $8,800 00, the same having been in fact the lowest bid received and meets all specifications CR 362-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 26, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Spartan Distributors, Inc , 487 W Division Street, Sparta, Michigan 49345, for supplying the Public Service Division (Whispering Willows and Idyl Wyld Golf Course Sections) with two (2) multi-reel fairway mowers for a net price of$36,479 00, based on a total price of $44,954 00 less trade-ins of $8,475 00, the same having been in fact the lowest bid received and meets all specifications CR 363-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 26, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Spartan Distributors, Inc., 487 W Division Street, Sparta, Michigan 49345, for supplying the Public Service Division (Idyl Wyld and Fox Creek Golf Course Sections) with two (2) 62" recycler mowers for a net price of $22,790 00, based on a total price of $23,340 00 less trade-in of $550 00, the same having been in fact the lowest bid received and meets all specifications CR 364-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 26, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Spartan Distributors, Inc., 487 W Division Street, Sparta, Michigan 49345, for supplying the Public Service Division (Parks Section) with one (1) 4-wheel drive hydraulic mower for a net price of $27,964 00, based on a total price of $31,764 00 less trade-in of $3,800 00, the same having been in fact the lowest bid received and meets all specifications CR 365-00 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 27, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of the CAT Rental Store, 24460 Novi Road, Novi, Michigan 48375, for supplying the Public Service Division (Road Maintenance Section) with one (1) 13" trailer-mounted self-feeding brush chipper for a net price of $22,660 00, based on a total price of $29,660 00 less trade-in of $7,000 00, the same having been in fact the lowest bid received and meets all specifications 32290 CR 366-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated April 17, 2000, which bears the signature of the Director of Finance, is approved by the Superintendent of Parks and Recreation and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Thompson-McCully Co , 11620 Whitmore Lake Road, Whitmore Lake, Michigan 48189, for completing all work required in connection with the 2000 Miscellaneous Parking Lot Paving Program (Contract 00-K) in the total amount of $99,097 41, based on the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $99,097 41 from funds already budgeted in Account No 101-707-974-000 (Capital Outlay) for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 367-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated April 26, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a letter from CSX Transportation requesting the City's participation in the CSX Railroad/Levan Road Grade Crossing Improvements, the Council does hereby approve of this request with the understanding that the City shall bear the material cost of the crossing materials (estimated to be $46,224 00) and the cost of restoring the asphalt pavement when the crossing is completed (estimated to be $24,800 00), FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $71,024 00 from the Michigan Transportation Fund (Major Road Account) to be paid to CSX Transportation for this purpose CR 368-00 RESOLVED, that having considered a communication from the Department of Law, dated April 20, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, concerning the need to amend a Development Project Agreement, dated November 18, 1992, between the City of Livonia and the Michigan Department of Natural Resources, the Council does hereby approve the amendment attached to said correspondence, and does hereby authorize the Mayor and City Clerk to execute such amendment, for and on behalf of the City of 32291 Livonia, and to do all other things necessary or incidental to the full performance of this resolution CR 369-00 RESOLVED, that having considered a communication from the City Planning Commission, dated April 13, 2000, which transmits its resolution 4-86-2000 adopted on April 11, 2000, with regard to Petition 00- 1-8-1, submitted by Parkside Credit Union, requesting site plan approval in connection with a proposal to renovate the exterior of the existing building, change the parking lot scheme and erect a new drive-thru structure on property located at 36525 Plymouth Road in the Northeast 1/4 of Section 32, 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 00-1-8-1 is hereby approved and granted, subject to the following conditions 1 That the site plan marked Sheet C-02 dated March 29, 2000, as revised, prepared by Engineering Services, Inc., is hereby approved and shall be adhered to, 2 That the landscape plan marked Sheet C-05 dated March 29, 2000, as revised, prepared by Engineering Services, Inc , is hereby 3 approved and shall be adhered to, 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 300 dated April 7, 2000, prepared by Woods Associates, Inc is hereby approved and shall be adhered to, 6 That the exterior building elevation plan marked Sheet 310 prepared by Woods Associates, Inc., dated April 7, 2000, as revised, is hereby approved and shall be adhered to, 7 That the brick used in the construction of the building shall be full- face four (4") inch brick, no exceptions, 8 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building and 32292 the enclosure gates shall be maintained and, when not in use, 9 closed at all times, That all light standards shall be shielded from the adjacent properties and shall not exceed 20 ft. in height; 10 That the landscape greenbelts along the south property line and along the south 205 ft. of the east property line shall be permanently substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 11 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiency as outlined in the correspondence dated March 8, 2000 that the entire parking lot shall be repaired, resealed and double striped, 12 That no signs, either freestanding or wall mounted, are approved with this petition, and 13 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient setback and any conditions related thereto CR 370-00 RESOLVED, that having considered a request from Councilmember Joe Laura regarding the subject of open sewer drains and ditches on Stonehouse and Lamont, as well as other areas in the City of Livonia, the Council does hereby refer this matter to the Mayor for a report and recommendation CR 371-00 WHEREAS, the City of Livonia has received a request from David B Marmon, Hoffer/ & Associates, P C , on behalf of J C Gibbons Manufacturing, Inc. and Gibbons Realty, L L.0 , dated April 24, 2000, proposing the establishment of an industrial development district; and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 1 36 acres lying in the Northwest 1/4 of Section 28 as more particularly described in the attachment to the application which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 80" Lim 32293 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 80 2 This City Council sets Monday, June 26, 2000, at 7•00 p m as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above CR 372-00 WHEREAS, pursuant to the direction of the City Council in its resolution 788-99, adopted on November 10, 1999, and in accordance with Section 3 08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of May 9, 2000, an assessment roll dated May 9, 2000, for the proposed road improvement consisting of 22 foot wide asphalt pavement (approximately 4" thick with a gravel base) with ditches and without curbs for Norfolk Avenue from 150 feet west of Melvin Avenue to Oporto Avenue, and Oporto Avenue from Norfolk Avenue to Morlock Avenue (630 feet), as modified to include a through street, in the Northeast 1/4 of Section 2, in the City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 788-99, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, June 28, 2000, to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official 32294 newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of June 28, 2000, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office A roll call vote was taken on the foregoing resolutions with the following result: AYES Laura, Engebretson, Vandersloot, Walsh, Duggan and Brosnan NAYS None A communication from Leo Soave, dated May 16, 2000, re his request that a brick wall be erected along the petitioner's property line to the north where it abuts the Crosswinds Estates Subdivision, was received and placed on file for the information of the Council (Petition 00-3-8-3) A preliminary site plan from Ben Tiseo, Architect, dated May 11, 2000, re L a proposal to construct an office building on property located at 19815 Farmington Road, was received and placed on file for the information of the Council (Petition 00-3- 8-3) Ben Tiseo, Tiseo Architects, Inc , 33150 Schoolcraft Road, Suite 104, Livonia, MI 48150 asked the Council for clarification of the resolution as offered On a motion by Laura, seconded by Vandersloot, and unanimously approved, it was CR 373-00 RESOLVED, that having considered a communication from the City Planning Commission, dated April 12, 2000, which transmits its resolution 4-77-2000 adopted on April 11, 2000, with regard to Petition 00- 3-8-3 submitted by Ben Tiseo, Tiseo Architects, Inc , requesting site plan approval in connection with a proposal to construct an office building on property located at 19815 Farmington Road in the Northeast 1/4 of Section 4, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the 32295 recommendation of the Planning Commission and Petition 00-3-8-3 is hereby approved and granted, subject to the following conditions 1 That the site plan marked Sheet P1, dated May 11, 2000, as revised, prepared by Tiseo Architects, Inc., is hereby approved and shall be adhered to, 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 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, 4 That the exterior building elevation plan marked Sheet P2 dated April 13, 2000, as revised, prepared by Tiseo Architects, Inc., is hereby approved and shall be adhered to, 5 That the brick used in the construction of the buildings shall be full- face four (4") inch brick, no exceptions, 6 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building, and the enclosure gates shall be maintained and, when not in use, closed at all times, 7 That all light standards shall be shielded from the adjacent properties and shall not exceed 20 ft. in height; 8 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in the correspondence dated April 3, 2000 - that all handicap spaces shall be identified and shall comply with the Michigan Barrier Free requirements, - that all parking spaces shall be double striped, 9 That the business center sign shown on the approved site plan is hereby approved and shall not exceed 18 square feet in sign area, and 10 That the petitioner shall grant a conservation easement acceptable to the Department of Law after the drain is installed for the west 50 feet of the property REVISED Wording has been deleted from CR 375-00 32296 On a motion by Laura, seconded by Engebretson, and unanimously adopted, it was CR 374-00 RESOLVED, that having considered Petition 00-3-8-3 submitted by Ben Tiseo, Tiseo Architects, Inc., requesting the modified site plan approval in connection with a proposal to construct an office building on property located at 19815 Farmington Road in the Northeast 1/4 of Section 4, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby refer the issues of the landscaping and protective wall associated with this petition to the Streets, Roads and Plats Committee for a report and recommendation On a motion by Duggan, seconded by Laura, and unanimously approved, it was CR 375-00 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated April 26, 2000, submitted pursuant to Council Resolution 216-95, in connection with flooding problems on Parklane (Fairway Farms Subdivision), the Council does hereby determine to take no further action on this matter On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 376-00 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated April 26, 2000, submitted pursuant to Council Resolution 425-99, regarding the subject of water rate increases, the Council does hereby determine to take no further action on Council Resolution 425-99 A communication from the Livonia Anniversary Committee, Inc , dated May 2, 2000, transmitting the Minutes of the Board Meeting held on April 27, 2000, re the donation of an activities sign for the advertisement of Spree events and other community events occurring throughout the year, was received and placed on file for the information of the Council (CR 47-00 and CR 259-99) 32296 On a motion by Laura, seconded by Engebretson, and unanimously adopted, it was CR 374-00 RESOLVED, that having considered Petition 00-3-8-3 submitted by Ben Tiseo, Tiseo Architects, Inc., requesting the modified site plan approval in connection with a proposal to construct an office building on property located at 19815 Farmington Road in the Northeast 1/4 of Section 4, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby refer the issues of the landscaping and protective wall associated with this petition to the Streets, Roads and Plats Committee for a report and recommendation On a motion by Duggan, seconded by Laura, and unanimously approved, it was CR 375-00 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated April 26, 2000, submitted pursuant to Council Resolution 216-95, in connection with flooding problems on Parklane (Fairway Farms Subdivision) in the area of Botsford Elementary School, the Council does hereby determine to take no further action on this matter On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 376-00 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated April 26, 2000, submitted pursuant to Council Resolution 425-99, regarding the subject of water rate increases, the Council does hereby determine to take no further action on Council Resolution 425-99 A communication from the Livonia Anniversary Committee, Inc., dated May 2, 2000, transmitting the Minutes of the Board Meeting held on April 27, 2000, re the donation of an activities sign for the advertisement of Spree events and other community events occurring throughout the year, was received and placed on file for the information of the Council (CR 47-00 and CR 259-99) Www. 32297 On a motion by Engebretson, seconded by Duggan and unanimously adopted, it was. CR 377-00 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated May 1, 2000, submitted pursuant to Council Resolution 851-97, regarding the subject of laptop computers for Councilmembers, the Council does hereby appoint on Ad Hoc Committee consisting of Dan Putman, Mike Slater, Karen Szymula, Jack Engbretson and Joan McCotter to study how the City of Farmington Hills handles the subject of computers and e-mail access for Councilmembers, and to report back to the Capital Improvement Committee by mid-June, 2000, FURTHER, the Council does hereby direct that this item shall remain in the Capital Improvement Committee for further consideration On a motion by Engebretson, seconded by Duggan and unanimously adopted, it was CR 378-00 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated May 1, 2000, submitted pursuant to Council Resolution 47-00, in connection with Council Resolution 259-99, and a request from Councilmember Joe Laura with respect to the donation of an activities sign for the advertisement of Spree events and other community events occurring throughout the year, the Council does hereby refer the matter of the design, purchase and installation of an activities sign for the purpose of advertising SPREE and other community events, which sign is to be located at the Civic Center Park, to the Mayor for implementation of the SPREE recommendations A communication from Time Warner Cable submitting its thirteenth Annual Report was received and placed on file for the information of the Council (CR 365-97) On a motion by Engebretson, seconded by Duggan and unanimously adopted, it was CR 379-00 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated May 1, 2000, submitted pursuant to Council Resolution 365-97, and having considered a communication from Carol Gibson, General Manager of Time Warner Cable, dated April 15, 1997, transmitting the Thirteenth Annual Report of Time Warner Cable of Livonia, the Council does hereby determine to take no further action on Council Resolution 365-97 32298 A communication from the Department of Public Works, Public Service Division, dated May 1, 2000, re a status report and recommendations for solving sewage backup problems due to tree roots for Ralph Horn, Pat Culver, Gerald Marrone and Mr and Mrs. Scott Newell, was received and placed on file for the information of the Council (CR 547-99). On a motion by Laura, seconded by Duggan, and unanimously approved, it was: CR 380-00 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 2, 2000, submitted pursuant to Council Resolution 547-99, regarding 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 this matter to the Mayor for a report and recommendation, FURTHER, the Council does hereby direct that this item shall remain in committee for further consideration A communication from Owen and Betty Johnson, 29425 Nortolk Street, Livonia, MI 48152, dated May 2, 2000, re their objection to a lot split at 20250 Fremont, submitted by Layford Wilson, because of the possibility of another septic field so close to their property and their concerns about the possibility of water flowing into their basement, was received and placed on file for the information of the Council On a motion by Laura, seconded by Duggan, and unanimously adopted, it was CR 381-00 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 2, 2000, submitted pursuant to Council Resolution 246-00, and having considered a communication from the City Assessor, dated March 9, 2000, approved for submission by the Mayor, with regard to a request from Layford Wilson, 20250 Fremont, 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 determine to deny the request for dividing and combining Tax Item Nos 32299 46-005-02-0006-002 and 46-005-02-0007-000 into two (2) 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 split would not be consistent with good planning and zoning practice A communication from the Department of Public Works, Public Service Division, dated May 17, 2000, re sanitary sewer service to the area of Fremont Street, S of Norfolk, and the proposed lot split at 20250 Fremont, was received and placed on file for the information of the Council Layford Wilson, 20250 Fremont, Livonia, MI 48152, spoke to the Council and inquired as to the timetable of the availability of sewer hook-up in his area A communication from the Department of Public Works, Engineering Division, dated March 1, 2000, re "Lessons Learned" related to the Old Rosedale Gardens Paving Project - what Council needs to know about micro/macro management of paving projects, knowledge of contracts, etc.- was received and placed on file for the information of the Council (CR 839-99) On a motion by Laura, seconded by Duggan, and unanimously adopted, it was CR 382-00 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 2, 2000, submitted pursuant to Council Resolution 839-99, and having considered a request from Councilmember Laura regarding the subject matter of the City's role in re-paving of streets, the Council does hereby determine to take no further action with respect to Council Resolution 839- 99 A communication from the Department of Public Works, Public Service Division, dated May 1, 2000 re Update Report on the Establishment of a City-Wide 32300 Street System Asset Management and Maintenance Program, was received and r L placed on file for the information of the Council CR 23-00). Councilmember Vandersloot took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 22 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 99-12-1-21) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Engebretson, Vandersloot, Walsh, Duggan, and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication James Szkrybalo, 14316 Gary Lane, Livonia, MI 48154, noted his presence at the meeting to the Council Councilmember Walsh took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Engebretson, Vandersloot, Walsh, Duggan, and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would 32301 become effective on publication took from the table, for second reading Duggan and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTION D OF SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Engebretson, Vandersloot, Walsh, Duggan, and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Vandersloot took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Engebretson, Vandersloot, Walsh, Duggan, and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Engebretson took from the table, for second reading and adoption, the following Ordinance 32302 AN ORDINANCE AUTHORIZING TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE FROM TIME WARNER, INC TO AOL TIME WARNER, INC , AND AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS RELATING THERETO A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Engebretson, Vandersloot, Walsh, Duggan, and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Vandersloot, seconded by Duggan, and unanimously adopted, it was CR 383-00 RESOLVED, that having considered a communication from the City Assessor, dated April 19, 2000, approved for submission by the Mayor, with regard to a request from Mr and Mrs Daniel Ryan, 20338 Brentwood, 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 determine to deny the request for dividing Tax Item No 46-004-01-0019-000 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 split would not be consistent with good planning and zoning practice Ben Tiseo, Tiseo Architects, Inc , 33150 Schoolcraft Road, Suite 104, Livonia, MI 48150 indicated the color of metal material to the Council in connection with Petition 00-2-2-10, submitted by Logan's Roadhouse for a full-service restaurant located on Schoolcraft Road east of Middlebelt Road On a motion by Duggan, seconded by Laura, it was CR 384-00 RESOLVED, that having considered a communication from the City Planning Commission, dated April 12, 2000, which transmits its resolution 4-79-2000, adopted on April 11, 2000, with regard to Petition 00-2-2-10, submitted by Logan's Roadhouse, Inc , requesting waiver use approval to construct and operate a full-service restaurant proposed to be located on the south side of Schoolcraft Road, east of Middlebelt Road, in 32303 the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 00-2-2-10 is hereby approved and granted, %"'' subject to the following conditions 1 That the site plan marked sheet C-1 prepared by Design and Engineering, P C , with a revision date of April 5, 2000, is hereby approved and shall be adhered to, 2 That the landscape plan marked sheet LP-1 prepared by Design and Engineering P C , with a revision date of April 6, 2000, is hereby approved and shall be adhered to, That the landscaping shown on the above-referenced landscape plan shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That the exterior elevations plans marked Sheets A3 and A4 submitted by Logan's Roadhouse, Inc., with a revision date of April 5, 2000, are hereby approved and shall be adhered to, except as modified under conditions 10, 12 and 16 below; 5 That the maximum number of customer seats shall not exceed 292, 6 That the brick used in the construction of the building shall be full- face four (4") inch brick, no exceptions, 7 That the three walls of the dumpster enclosure shall be constructed of the same brick used in the construction of the building and the enclosure gates, which shall be constructed of wood, shall be maintained and when not in use closed at all times, 8 That the petitioner shall comply with the stipulations listed in the correspondence dated March 7, 2000, from the Livonia Fire and Rescue Division of the Department of Public Safety; a) If the subject building is to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection, b) Access around buildings shall be provided for emergency vehicles with turning radius up to forty-five (45') feet wall-to- wall and a minimum vertical clearance of 13-1/2 feet. 32304 9 That additional appropriate screening material for rooftop-mounted mechanical units shall be provided if the parapet walls do not completely conceal all such units, 10 That two (2) wall signs are approved with a total combined sign area not to exceed 124 square feet, subject to the Zoning Board of Appeals granting a variance for one (1) excess sign, 11 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 12 That the two (2) strips of neon tubing shown on each building elevation is not approved and shall be eliminated, 13 That all signage for this restaurant shall not be illuminated beyond one hour after closing, 14 That all utility meters attached to the outside of the building shall be screened by means of appropriate landscaping, 15 That all off-street parking spaces provided in connection with this restaurant shall be double striped, and 16 That pre-finished metal awnings shall be installed above the windows in lieu of the wood shingles, and the color is to match the metal on top of the building, beige or tan, with the exact color number to be supplied to Council before the next regular meeting A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Engebretson, Vandersloot, Duggan and Brosnan NAYS Walsh The President declared the foregoing resolution duly adopted On a motion by Laura, seconded by Duggan, and unanimously adopted, it was CR 385-00 RESOLVED, that having considered a communication from the City Planning Commission, dated April 12, 2000, which transmits its resolution 4-81-2000, adopted on April 11, 2000, with regard to Petition 00-2-2-9, submitted by Logan's Roadhouse, Inc., requesting waiver use approval to utilize a Class C license in conjunction with a full-service restaurant proposed to be located on the south side of Schoolcraft Road, REVISED PETITION NO. 32305 east of Middlebelt Road, in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 00- 2-2-9 is hereby approved and granted; FURTHER, the Council does hereby waive the 1,000 foot separation requirement as set forth in Section 11 03(h) of Zoning Ordinance 543 On a motion by Engebretson, seconded by Walsh, and unanimously adopted it was. CR 386-00 RESOLVED, that having considered a communication from the City Planning Commission, dated April 12, 2000, which transmits its resolution 4-83-2000, adopted on April 11, 2000, with regard to Petition 00-2-2-14, submitted by Target Stores requesting waiver use approval to utilize a temporary freestanding garden center for outdoor display and sales of garden material on the sidewalk west of the store's main entrance from April 19 to July 1, inclusive, and carried on annually, on property located on the south side of Plymouth Road (Wonderland Mall) between Middlebelt Road and Milburn Avenue in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the city planning commission and petition 00-2- 2-14 is hereby approved and granted, subject to the following conditions 1 That the outdoor display shall be confined to the areas as illustrated on the site plan, received by the City Council Office on May 15, 2000, submitted by Target Stores, 2 That the materials to be sold on the sidewalk in front of the building shall be limited to annual and perennial flowers and potted shrubs, 3 That the time period within which the outdoor display will take place shall be limited to April 19 through July 1, inclusive, 4 That the outdoor display and sales to be located on the sidewalk in front of the building shall be limited so as to maintain a clear space for pedestrian circulation on the sidewalk of at least 12 feet in width at all times, and 5 That the applicant shall contact the City Inspection Department for the purpose of conducting an annual review of the outdoor display for compliance with the approved plan and this resolution 32306 A revised site plan with a letter from Target Stores attached, received May 15, 2000, outlining the "Free Standing Garden Center" for the store located at 30007 Plymouth Road, Livonia, MI 48150, was received and placed on file for the information of the Council On a motion by Walsh, seconded by Laura, and unanimously adopted, it was CR 387-00 RESOLVED, that the subject matter of outdoor sales and displays on a commercial property be referred to the Legislative Committee for a report and recommendation A communication from Rick P Mehrer, Administrator of Lutheran Heritage Village — Livonia, 33600 Luther Lane, Livonia, MI 48154, dated May 16, 2000, re the issues of evergreen landscaping and a deceleration lane on Farmington Road, was received and placed on file for the information of the Council (Petition 97-6-8-16) A communication from Edmund London & Associates, Architects and Planners for Luther Heritage Village — Livonia, 33600 Luther Lane, Livonia, MI 48154, dated May 15, 2000, re revised site plan and landscape plan and a letter from Wayne County Department of Public Services, Engineering Division, which proposes two options for a deceleration lane on Farmington Road, was received and placed on file for the information of the Council (Petition 97-6-8-16) Robert Zabowski of Edmund London Associates was present to answer questions of the Council On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 388-00 RESOLVED, that having considered a communication from the City Planning Commission, dated April 12, 2000, which transmits its 32307 resolution 4-74-2000 adopted on April 11, 2000, with regard to Petition 97-6- 8-16, submitted by Martin Luther Memorial Home, Inc., requesting approval to amend the site plan which was approved in connection with this petition for the construction of a housing complex for the elderly on property located at 14871 Farmington Road in the Northeast 1/4 of Section 21, the Council does hereby concur in the recommendation of the Planning Commission and the revisions to Petition 97-6-8-16 are hereby approved and granted, subject to the following conditions 1 That the site plan marked Sheet SP-1, dated May 15, 2000, as revised, prepared by Edmund London & Associates, is hereby approved and shall be adhered to, 2 That the landscape plan marked Sheet L-1, dated May 15, 2000, as revised, prepared by Edmund London & Associates, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the exterior building elevation plans marked Sheets SP-4 and SP-5, dated February 22, 2000, prepared by Edmund London & Associates, are hereby approved and shall be adhered to, 6 That the exterior building elevation plan marked Sheets SP-3, dated April 7, 2000, prepared by Edmund London & Associates, is hereby approved and shall be adhered to, 7 That the brick used in the construction of the buildings shall be full- face four (4") inch brick, no exceptions, 8 That all light standards shall be shielded from the adjacent properties and shall not exceed 20 ft. in height; 9 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in the correspondence dated April 3, 2000 - that all handicap spaces shall be identified and comply with the Michigan Barrier Free requirements, 32308 - that all parking spaces shall be double striped, 10 That the petitioner shall correct to the Fire Department's satisfaction the following site deficiencies as outlined in the correspondence dated March 6, 2000 - that if any buildings are to be provided with automatic sprinkler systems hydrants shall be located between 50 ft. and 100 ft. from Fire Department connections, - that adequate hydrants shall be provided and their spacing shall be consistent with City ordinances, - that access around buildings shall be provided for emergency vehicles with turning radius up to 45 ft. wall-to-wall and a minimum vertical clearance of 13-1/2 ft., - that a deceleration lane shall be considered, 11 That additional evergreen trees shall be planted along the south property line to shield the proposed drive and parking lot from the residents of Silver Village, consistent with the landscaping in Phase I of the development, and subject to review and approval by the Planning and Inspection Departments in cooperation with Silver Village; and 12. That a deceleration lane shall be added to the entrance on Farmington Road, subject to the review and approval of the Engineering Division and Wayne County, to be constructed as outlined in Option No. 1 and Option No. 2. On a motion by Walsh, seconded by Engebretson, it was RESOLVED, that having considered a communication from the City Planning Commission, dated April 12, 2000, which transmits its resolution 4-75-2000 adopted on April 11, 2000, with regard to Petition 97-7- 8-18, submitted by Hearthstone Assisted Living, requesting approval to amend the site plan which was approved in connection with this petition for construction of an assisted living facility on property located at 15670 Newburgh Road in the Southwest 1/4 of Section 17, the Council does hereby concur in the recommendation of the Planning Commission and the revisions to Petition 97-7-8-18 are hereby approved and granted, subject to a the following conditions 1 That the site plan marked Sheet C3 prepared by Mannik & Smith, Inc , as revised, dated May 11, 2000, is hereby approved and shall 32309 be adhered to, with the addition of a deceleration lane at the entrance drive as requested by the Traffic Bureau subject to the review and approval of the Engineering Division, 2 That the landscape plan dated May 11, 2000, as revised, prepared by Land Design, is hereby approved and shall be adhered to, and it shall also include additional evergreen trees and shrubs adjacent to the parking areas to the satisfaction of the Planning Director; 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 prepared by Maxwell Johanson Maher Architects, as received by the Planning Commission on April 7, 2000, is hereby approved and shall be adhered to, 6 That the brick used in the construction of the buildings shall be full- face four (4") inch brick, no exceptions, 7 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building, and the enclosure gates shall be maintained and when not in use, closed at all times, 8 That all light standards shall be of ornamental design, not exceeding a height of 16 feet, and shall be shielded from the adjacent properties, as shown on the additional information submitted to the City Council Office on May 16, 2000, 9 That the petitioner shall correct to the Engineering Division's satisfaction the following site deficiency as outlined in the correspondence dated March 17, 2000 - that a linear drainage system along the east property line, preventing additional storm water problems, shall be installed, 10 That the petitioner shall correct to the Fire Department's satisfaction the following site deficiencies as outlined in the correspondence dated March 6, 2000 32310 - that on-site hydrants shall be located between 50 ft. and 100 ft. from Fire Department connections - that adequate hydrants shall be provided and their spacing shall be consistent with City ordinances, - that access around buildings shall be provided for emergency vehicles with turning radius up to 45 ft. wall-to-wall and a minimum vertical clearance of 13-1/2 ft., 11 That the ground sign, as shown on the approved elevation plan, is hereby approved and shall be constructed out of the same brick as the principal building, 12 That the north driveway shall be restricted to one-way ingress and the south driveway to one-way egress, subject to the review and approval of the Traffic Bureau and/or Engineering Division, 13. That the north driveway shall be moved 40 feet so as to be located between Sherwood Court North and Sherwood Court South, and 14. That the building be limited to a height of 33'2" as depicted on the plan received by the City Council Office on May 16, 2000, showing the front elevation of the proposed facility. A communication from the Planning Commission, dated May 9, 2000, re Hearthstone Assisted Living Facility, 15670 Newburgh Road, Livonia, and the location of the north entrance drive and building elevations, was received and placed on file for the information of the Council (Petition 97-7-8-18) A communication from Hearthstone Assisted Living, 3663 N Sam Houston Parkway E, Ste 600, Houston, TX 77032, dated May 15, 2000, re addressing the concerns of Livonia residents related to traffic flow at the proposed facility, was received and placed on file for the information of the Council (Petition 97-7-8-18) 32311 A communication from Mannik & Smith, Inc., 1800 Indian Wood Circle, Maumee, Ohio 43537, re a revised site plan and lighting information related to the Hearthstone Assisted Living facility, was received and placed on file for the information of the Council (Petition 97-7-8-18) Denise Woods DiBiase, 15619 Liverpool, Livonia spoke to the Council expressing concerns of some of Livonia's residents and their lack of involvement regarding the building of Hearthstone Assisted Living facility at 15670 Newburgh Road (Petition 97-7-8-18) Don Hoppe, 15547 Liverpool, Livonia, spoke in opposition to the proposed retention pond to be built at the Hearthstone Assisted Living facility at 15670 Newburgh Road (Petition 97-7-8-18) Charles Fields, Development Manager of the proposed Hearthstone Assisted Living facility at 15670 Newburgh Road spoke to the Council and addressed the residents about their concerns related to the facility (Petition 97-7-8-18) Brian Geer of Mannik & Smith, Inc spoke to the Council regarding the proposed Hearthstone Assisted Living facility located at 15670 Newburgh Road (Petition 97-7-8-18) On a motion by Duggan, seconded by Laura, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a communication from the City Planning Commission, dated April 12, 2000, which transmits its resolution 4-75-2000 adopted on April 11, 2000, with regard to Petition 97- 7-8-18, submitted by Hearthstone Assisted Living, requesting approval to amend the site plan which was approved in connection with this petition for construction of an assisted living facility on property located at 15670 Newburgh Road in the Southwest 1/4 of Section 17, the Council does hereby table this matter to the Regular Meeting of June 5, 2000 A roll call vote was taken on the motion to substitute as follows AYES Laura, Engebretson, Vandersloot, Walsh, Duggan and Brosnan NAYS None The President declared the motion to substitute adopted 32312 On a motion by Duggan, seconded by Laura, it was CR 389-00 RESOLVED, that having considered a communication from the City Planning Commission, dated April 12, 2000, which transmits its resolution 4-75-2000 adopted on April 11, 2000, with regard to Petition 97- 7-8-18, submitted by Hearthstone Assisted Living, requesting approval to amend the site plan which was approved in connection with this petition for construction of an assisted living facility on property located at 15670 Newburgh Road in the Southwest 1/4 of Section 17, the Council does hereby table this matter to the Regular Meeting of June 5, 2000 A roll call vote was taken on the substitute resolution with the following result: AYES Laura, Engebretson, Vandersloot, Walsh, Duggan and Brosnan NAYS None The President declared the substitute resolution adopted On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was CR 390-00 RESOLVED, that having considered a communication from the City Planning Commission, dated April 12, 2000, which transmits its resolution 4-76-2000 adopted on April 11, 2000, with regard to Petition 00- 3-8-2, submitted by Plymouth Road Gas Company, requesting site plan approval in connection with a proposal to construct a gas station on property located at 39310 Plymouth Road in the Southwest 1/4 of Section 30, 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 00-3-8-2 is hereby approved and granted, subject to the following conditions. 1 That the site and landscape plan marked Sheet 1, dated April 12, 2000, as revised, prepared by Najim N Saymuah, A.I.A., is hereby approved and shall be adhered to, except for the fact that both driveways shall not exceed 35 ft. in width, 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 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, 32313 4 That the exterior building elevation plan marked Sheet 2, dated April 12, 2000, as revised, prepared by Najim N Saymuah, A.I.A., is hereby approved and shall be adhered to, 5 That the brick used in the construction of the buildings shall be full- face four (4") inch brick, no exceptions, 6 That all light standards shall be shielded from the adjacent properties and shall not exceed 20 ft. in height; 7 No outdoor storage, placement or display of merchandise shall be permitted at any time on this site, however, the foregoing prohibition shall not apply to the display, on the pump islands only, of oil based products as permitted in Section 11 03(a) of the Zoning Ordinance, 8 That window signage for the station shall be limited to what is permitted by Section 18 50D Permitted Signs, subheading (g) "Window Signage", 9 That no signs, either freestanding or wall mounted, are approved with this petition, and 10 That all parking spaces shall be 10' x 20' and double striped On a motion by Engebretson, seconded by Duggan, and unanimously adopted, it was CR 391-00 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated February 11, 2000, and the report and recommendation of the Chief of Police, dated April 7, 2000, approved for submission by the Mayor, regarding a request from N H Enterprises, Inc for transfer of ownership of a 1999 SDM licensed business from Garden Enterprises, Inc for a business located at 27405 Grand River, Livonia, Michigan 48152, Wayne County, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation Mr Zaid A. Fidal spoke to the Council regarding the property located at 27405 Grand River, Livonia where N H Enterprises, Inc. has requested a transfer of ownership of a 1999 SDM licensed business from Garden Enterprises, Inc 32314 A communication from the Inspection Department, dated May 16, 2000, re. an inspection conducted at 27405 Grand River which found that there has been no change to the parking area which is to be re-paved and re-striped, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Laura, and unanimously adopted, it was. CR 392-00 RESOLVED, that having considered a communication from Council President Maureen Miller Brosnan, dated May 9, 2000, requesting an amendment to Council Resolution 802-99, regarding the City Council Meeting Schedule for 2000, the Council does hereby amend and revise Council Resolution 802-99 to designate Monday, September 25, 2000 as a Council Regular Meeting (in place of Wednesday, September 27, 2000) and the balance of Council Resolution 802-99 shall remain in full force and effect. On a motion by Laura, seconded by Engebretson, and unanimously adopted, it was CR 393-00 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 Duggan, seconded by Laura, and unanimously adopted, it was CR 394-00 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated May 11, 2000, approved for submission by the Mayor, wherein it is requested that Council Resolution 300-00 be amended to approve a new Outdoor Service Permit for RCGS Enterprises, L.L.0 , the Council does hereby amend and revise Council Resolution 300-00 so as to have the same read as follows RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated January 10, 2000, and the report and recommendation of the Chief of Police, dated April 7, 2000, approved for submission by the Mayor, the Council does hereby approve the request from RCGS Enterprises, L.L C , for transfer of 32315 ownership of a 1998 Class C License (in escrow) and from Marc Owens Corporation for a business located at 35780 Five Mile Road, Livonia, Michigan 48154, Wayne County, to transfer location (Governmental Unit) (MCL 436 1531(1)) from 297 S Dragoon, Detroit, Michigan 48209, Wayne County, to 35780 Five Mile Road, Livonia, Michigan 48152, Wayne County, and for a new Outdoor Service Permit; FURTHER, the Council does hereby recommend denial of the request for a new SDM License to be held in conjunction with 1998 Class C licensed business (in escrow) based upon the fact that the applicant has not applied for a waiver use for this purpose, and because an SDM License is not appropriate for use at a restaurant/banquet facility in this location, pursuant to Sections 11 03 and 19 06 of Livonia Zoning Ordinance No 543, as amended, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission George Subu, owner of property located at 35780 Five Mile Road, formerly Bobby's Country House, announced the new name of the restaurant to be "Sand Traps on Five" Kathleen Culpert of Knolson Street spoke to the Council On a motion by Duggan, seconded by Laura, and unanimously adopted, this 1417th Regular Meeting of the Council of the City of Livonia was adjourned at 10 11 p m., May 17, 2000 4 Joan McCotter, City Clerk