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HomeMy WebLinkAboutCOUNCIL MINUTES 2000-06-05 32318 MINUTES OF THE ONE THOUSAND FOUR HUNDRED EIGHTEENTH REGULAR MEETING OF JUNE 5, 2000 On June 5, 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 Engebretson delivered the invocation Roll was called with the following result: Jack Engebretson, Val I Vandersloot, John Walsh, John Pastor, Brian Duggan, Joe Laura and Maureen Miller Brosnan Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; Mike Slater, Director of Finance, Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Linda McCann, Director of Community Resources, Dave Woodcox, Director of Building Inspection and Karen Szymula, Director of Legislative Affairs. On a motion by Vandersloot, seconded by Duggan, and unanimously adopted, it was. #395-00 RESOLVED, that the minutes of the 1,417th Regular Meeting of the Council held May 17, 2000 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Walsh, Duggan, Laura and Brosnan NAYS None PRESENT Pastor During an audience communication, Councilmember Pastor mentioned that the thoughts and prayers of his family were with Mr DeVito 32319 A communication from the Department of Finance, dated May 18, 2000, re. forwarding various financial statements of the City of Livonia for the month ending April 30, 2000, was received and placed on file for the information of the Council A communication from the Engineering Division, dated May 25, 2000, re Whispering Pines Site Condominiums Quarterly Status Report, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was. CR 396-00 RESOLVED, that the Council does hereby determine to remove the quarterly status reports obligation of the Engineering Department regarding the Whispering Pines Site Condominiums from further agendas At the direction of the Chair, Item No 3 re request for adoption of resolution in support of the re-legalization of Community Radio was removed from the Consent Agenda A communication from the Department of Finance, dated May 30, 2000, re a total of $500,000 remains unappropriated from the City's $12 Million Transportation Bond Issuance was received and placed on file for the information of the Council (Consent Agenda Item #6) On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 397-00 RESOLVED, that having considered an application from Thomas P Daly, 33147 Scone, dated May 13, 2000, requesting permission to close Westmore, between the addresses of 14027 and 14015, and Scone, between the addresses of 33159 and 33123, on Saturday, June 10, 2000, from 4 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 17, 2000, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. 32320 CR 398-00 RESOLVED, that having considered a letter from Helen M Oppat, dated May 10, 2000, representing The Women of St. Aidan, which requests permission to display signs announcing St. Aidan's 17th Annual Craft Show to be held on Saturday, September 23, 2000, which signs are to be 18" x 24" in size and which will be displayed at all major intersections in the City from Sunday, September 17, 2000, through Sunday, September 24, 2000, the Council does hereby grant and approve this request in the manner and form herein submitted CR 399-00 RESOLVED, that having considered a communication from the Mayor, dated May 12, 2000, wherein he has requested approval of the reappointment of Richard Gallagher, 29991 Munger, Livonia, Michigan 48154, to the Economic Development Corporation of the City of Livonia Board of Directors for a six-year term expiring June 7, 2006, the Council does hereby confirm and approve such reappointment. CR 400-00 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 6, 2000, and the report and recommendation of the Chief of Police, dated May 1, 2000, approved for submission by the Mayor, the Council does hereby approve of the request from R.S N B INC for transfer of ownership of a 1999 Class C License from Old Mexico, Inc for a business located at 28407 Five Mile Road, Livonia, Michigan 48154, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 401-00 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 4, 2000, which bears the signature of the Director of Finance, is approved by the Director of Public Works, approved as to the form by the City Attorney, and approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia, the Michigan Department of Transportation, and Wayne County, for the improvement of Five Mile Road from Middlebelt Road to Inkster Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement in the manner and form herein submitted, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $46,754 00 from the $12 Million General Obligation Road Bond Issue for the City's estimated share of this project, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreement, to the Wayne County Department of Public Services, Division of Engineering CR 402-00 RESOLVED, that the Council does hereby refer the matter of the amount remaining in the $12 Million General Obligation Road Bond issue to the Director of Finance for a report and recommendation 32321 CR 403-00 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 4, 2000, which bears the signature of the Director of Finance, is approved by the Director of Public Works, approved as to the form by the City Attorney, and approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia, the Michigan Department of Transportation, and Wayne County, for the improvement of Six Mile Road from Merriman Road to Middlebelt Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement in the manner and form herein submitted, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $80,332 00 from the $12 Million General Obligation Road Bond Issue for the City's estimated share of this project; and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreement, to the Wayne County Department of Public Services, Division of Engineering CR 404-00 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Dearborn Lithogaph, Inc , dated May 16, 2000, covering new industrial facilities to be located within City of Livonia Industrial Development District 73, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, August 14, 2000, at 7.00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, August 14, 2000, at 7.00 p m at Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application lam CR 405-00 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 125 584), as well as 32322 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, July 17, 2000, at 7.00 pm at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items. (1) Petition 99-10-1-16, submitted by the City Planning Commission, pursuant to Council Resolution 218-00, for a change of zoning of property located on the west side of Farmington Road north of Seven Mile Road (the former Fire Station No 3 site and the adjacent residential parcel to the south) in the Southeast 1/4 of Section 4 from PL and RUF to C-2, the City Planning Commission in its resolution 5-92-2000 having recommended to the City Council that Petition 99-10-1-16 be approved, (2) Petition 00-3-1-4, submitted by the City Planning Commission, pursuant to Council Resolution 152-00, for a change of zoning of property located on the south side of Glendale Avenue between Farmington Road and Merriman Road in the Northwest 1/4 of Section 27 from PL to M-2, the City Planning Commission in its resolution 5-93-2000 having recommended to the City Council that Petition 00-3-1-4 be approved, (3) Petition 00-3-1-5, as amended, submitted by Sam Baki, for a change of zoning of property located at the southwest corner of Gill Road and Northland Drive in the Southwest 1/4 of Section 4 from RUFB to R-2, the City Planning Commission in its resolution 5-94- 2000 having recommended to the City Council that Petition 00-3-1- 5, as modified to rezone the property from RUFB to R-3, be approved, and (4) Petition 00-4-1-6, submitted by SSOE, Inc , on behalf of Meijer, for a change of zoning of property located at the east side of Middlebelt Road between Schoolcraft Road and the Chesapeake and Ohio Railroad in the Northwest 1/4 of Section 25 from M-2 to C-2, the City Planning Commission in its resolution 5-95-2000 having recommended to the City Council that Petition 00-4-1-6 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have 32323 notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution CR 406-00 RESOLVED, that having considered a communication from Bill Brown Ford, Inc., dated May 18, 2000, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on May 9, 2000, by the City Planning Commission in its resolution 5-104-2000, with regard to Petition 00-1-2-4, submitted by Bill Brown Ford, Inc., requesting waiver use approval for signage for commercial property located on the north side of Plymouth Road, between Tech Center Drive and Sears Avenue in the Southwest 1/4 of Section 26, which property is zoned C-2, the Council does hereby designate Monday, August 14, 2000, at 7.00 p m for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia CR 407-00 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 125 584), as well as Article XVII 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, July 10, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 00-4-6-2, submitted by the City Planning Commission on its own motion, to determine whether or not to amend Article XVII of the Zoning Ordinance so as to provide for SDD and SDM licensed establishments as waiver uses in the M-2 (General Manufacturing) District, the City Planning Commission in its resolution 5-100-2000 having recommended to the City Council that Petition 00-4-6-2 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City 32324 or a newspaper of general circulation in the City of Livonia as well as to, L. not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution CR 408-00 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Trio Tool Company, dated May 26, 2000, covering new industrial facilities to be located within City of Livonia Industrial Development District 74, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property that will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, August 21, 2000, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, August 21, 2000, at 7.00 pm at Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application A roll call vote was taken on the foregoing resolutions with the following result: AYES Engebretson, Vandersloot, Walsh, Pastor, Duggan, Laura and Brosnan NAYS None On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 409-00 RESOLVED, that the Livonia City Council does determine to L. take no further action on a request for adoption of a resolution in support 32325 of the re-legalization of Community Radio submitted by Tom Ness, Publisher of Jam Rag Magazine A communication from Tom Ness, Publisher of Jam Rag Magazine, dated May 26, 2000, re his not seeking another resolution from the City of Livonia, but only submitting updated information of the re-legalization of Community Radio, was received and placed on file for the information of the Council Audit reports of the City of Livonia (Financial Report with Additional Information dated November 30, 1999), the District Court Funds of District No 16 (Financial Report with Additional Information dated November 30, 1999), the Economic Development Corporation (Financial Report dated November 30, 1999) and the City of Livonia (Federal Awards Supplemental Information dated November 30, 1999), were received and placed on file for the information of the Council (CR 314-00) On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was CR 410-00 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated May 9, 2000, submitted pursuant to Council Resolution 314-00, and the report and recommendation of the Director of Finance, dated April 7, 2000, approved for submission by the Mayor, with respect to audit reports of the City of Livonia (Financial Report with Additional Information dated November 30, 1999), the District Court Funds of District No 16 of the City of Livonia (Financial Report with Additional Information dated November 30, 1999), the Economic Development Corporation of the City of Livonia (Financial Report dated November 30, 1999) and the Federal Awards of the City of Livonia (Supplemental Information dated November 30, 1999), the Council does hereby refer the subject of revenue base to the Finance, Insurance and Budget Committee for its report and recommendation On a motion by Vandersloot, seconded by Duggan, and unanimously adopted, it was CR 411-00 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated 32326 May 9, 2000, submitted pursuant to Council Resolution 314-00, and the report and recommendation of the Director of Finance, dated April 7, 2000, approved for submission by the Mayor, with respect to audit reports of the City of Livonia (Financial Report with Additional Information dated November 30, 1999), the District Court Funds of District No 16 of the City of Livonia (Financial Report with Additional Information dated November 30, 1999), the Economic Development Corporation of the City of Livonia (Financial Report dated November 30, 1999) and the Federal Awards of the City of Livonia (Supplemental Information dated November 30, 1999), the Council does hereby determine to take no further action with respect to Council Resolution 314-00 On a motion by Duggan, seconded by Engebretson, and unanimously adopted, it was CR 412-00 RESOLVED, that having considered the matter of the solid waste/recycling contract between the City of Livonia and Waste Management of Michigan, Inc., the Council does hereby determine to postpone this subject matter to the City Council Regular Meeting of June 14, 2000 Front Elevation Plans, A.1 and A.2, dated May 31, 2000, submitted in connection with Petition 99-10-8-25 by Redford Oak Plaza, on behalf of Big Lots, was received and placed on file for the information of the Council A communication from Ralph Williams, 18630 Foch, dated March 11, 2000 re a proposal to have better communication between the City of Livonia and potential petitioners for businesses in the City was received and placed on file for the information of the Council A communication from the Inspection Department, dated May 25, 2000, re a review of the existing conditions at the proposed Big Lots site, 30000 Plymouth Road, was received and placed on file for the information of the Council (CR 185-00) On a motion by Walsh, seconded by Engebretson, it was CR 413-00 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 15, 2000, 32327 submitted pursuant to Council 185-00, and a communication from the City Planning Commission, dated February 16, 2000, which transmits its resolution 2-31-2000 adopted on February 8, 2000, with regard to Petition 99-10-8-25 submitted by Redford Oak Plaza, on behalf of Big Lots, requesting site plan approval in connection with a proposal to renovate a portion of the exterior building elevation of the commercial building located at 30000 Plymouth Road in the Southeast 1/4 of Section 26, 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 99-10-8-25 is hereby approved and granted, subject to the following conditions 1 That the front exterior of the building shall be constructed in accordance with Front Exterior Elevation No A as depicted on Sheet A.1 of the proposed Front Elevation Plan, dated May 30, 2000, as revised, prepared by Dimensions in Architecture, 2 That light fixtures shall be installed and used as an architectural feature, with added fixtures at the far left and far right columns of Big Lots' entrance, 3 That a color scheme consistent with the current color scheme of 4 Media Play shall be adhered to, That the dryvit and red band shall be extended along the west portion of the building, 5 That the front façade incorporate either a "door" or "windows" to aesthetically enhance the area between the proposed entrance to petitioner's store and the entrance to Media Play; 6 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in the correspondence dated May 25, 2000. That the entire parking lot shall be repaved and the pavement behind the front building line shall be repaired, That the damaged concrete curbing shall be repaired or replaced, That the masonry planter box shall be repaired or removed, That all trash and debris shall be removed from the Garden Center area, the damaged gates and doors shall be repaired 32328 and painted, and all peeling and rusted metal shall be repainted, That all coping/flashing and all stained and faded E I F S on the Media Play store front shall be repainted, That all landscaping in the island areas shall be restored and maintained, and all dead or dying trees shall be replaced, That all graffiti shall be removed from the building; and That all trash and debris shall be removed from the north and east fence line, 7 That only the 111 sq ft. "Big Lots" wall sign, as shown on the approved elevation plan and the sign packet by All Star Signs, is hereby approved and shall be adhered to, 8 That the panels of the ground sign shall be equally divided between the two tenants at 15 sq ft. each, or no additional graphics shall be permitted, and 9 That any additional signage for this site shall come back before the Planning Commission and City Council for their review and approval A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Walsh, Pastor, and Brosnan NAYS Duggan and Laura The President declared the resolution duly adopted On a motion by Duggan, seconded by Laura, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 15, 2000, submitted pursuant to Council 72-00, and a communication from the City Planning Commission, dated November 10, 1999, which sets forth its resolution 11-190-99 adopted on November 9, 1999, with regard to Petition 99-9-2-28, submitted by Modern Moving Company requesting waiver use approval to permit outdoor parking of moving company vehicles on property located on the south side of Eight Mile Road between Merriman Road and Osmus Avenue in the Northeast 1/4 of Section 3, and also having considered a separate communication from the City Planning 32329 Commission, dated November 10, 1999, and the Council having conducted a Public Hearing with regard to this matter on January 10, 2000, pursuant to Council Resolution 824-99, the Council does hereby deny said Petition 99-9-2-28 A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan and Laura NAYS Engebretson, Vandersloot, Walsh, Pastor and Brosnan The President declared the resolution failed A communication from the Department of Law, dated June 1, 2000 re cost of $250 00 for inspection time relative to violations issued by the Inspection Department against Dennis Rice, owner of Modern Moving, was received and placed on file for the information of the Council (Petition 99-9-2-28) On a motion by Engebretson, seconded by Vandersloot, it was CR 414-00 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 15, 2000, submitted pursuant to Council 72-00, and a communication from the City Planning Commission, dated November 10, 1999, which sets forth its resolution 11-190-99 adopted on November 9, 1999, with regard to Petition 99-9-2-28, submitted by Modern Moving Company requesting waiver use approval to permit outdoor parking of moving company vehicles on property located on the south side of Eight Mile Road between Merriman Road and Osmus Avenue in the Northeast 1/4 of Section 3, and also having considered a separate communication from the City Planning Commission, dated November 10, 1999, and the Council having conducted a public hearing with regard to this matter on January 10, 2000, pursuant to Council Resolution 824-99, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 99-9-2-28 is hereby approved and granted, subject to the following conditions 1 That no more than three (3) trucks/trailers are to be parked or stored at any one time on that portion of the subject property located 50 feet south of the existing building, 2 That moving company trucks shall not be parked or stored any closer to the Eight Mile Road right-of-way line than the offset in the 32330 westerly building wall marking the south end of the office portion of the building, nor shall any moving company trucks be parked any further south than the rear wall of the existing building, 3 That other than routine maintenance, there shall be no on-site repair of trucks and other vehicles, 4 That all the existing barbed wire on top of the chain link fence enclosing the subject property shall be removed, 5 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in their correspondence dated September 29, 1999 That the debris in the southeast corner of the site shall be cleaned up, - That parking areas shall be repaired, resealed and double- striped, and barrier-free parking shall be provided in conformance to the Michigan Barrier Free Rules as to size and location, 6 That all of the conditions imposed on this site in connection with Zoning Board of Appeals Case No 8609-157 shall be adhered to, 7 That the use of the existing loud speakers, which presently is a nuisance to the residential neighborhood to the south, shall be discontinued, and 8 That petitioner shall pay all city inspection costs as a condition precedent of approval, and shall remove the outside speakers and barbed wire before issuance of any zoning compliance permits A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Walsh and Brosnan NAYS Pastor, Duggan and Laura The President declared the resolution duly adopted A communication from the Department of Community Resources, dated May 3, 2000 submitted pursuant to Council Resolution 849-99, was received and placed on file for the information of the Council 32331 A communication from the Chairperson of the Livonia Historical Commission, dated May 16, 2000, re a report of the statement of funds available for work on the Alexander Blue House, was received and placed on file for the information of the Council A communication from the Department of Community Resources, dated May 3, 2000, re Concept plans for restoration/completion of the Alexander Blue House at Greenmead, was received and placed on file for the information of the Council (CR 850-99) On a motion by Engebretson, seconded by Vandersloot, and unanimously adopted, it was. CR 415-00 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated May 16, 2000, submitted pursuant to Council Resolution 91-96, regarding the renovation of the Alexander Blue House, the Council does hereby authorize the Director of Public Works, together with the Director of Community Resources and the Director of Finance, to advertise and solicit proposals from qualified architects to prepare a detailed schematic design, elevation and cost estimate for the restoration of the Alexander Blue House based upon the concept plan presented to the Capital Improvement Committee on May 16, 2000, the same to thereafter be submitted to Council for its consideration, FURTHER, the Council does hereby direct that this item shall remain in committee for further consideration A Site Plan, received by the City Council Office, dated May 24, 2000, for the proposed Single Family Residential Development (Existing Zoning District RUFA to remain), relative to Petition 99-11-1-20 submitted by Leo Soave, was received and placed on file for the information of the Council (CR 257-00) Councilmember Duggan left the podium at 8 47 p m due to a conflict of interest. 32332 A communication from Leo Soave, dated May 31, 2000, re withdrawing Petition 99-11-1-20 from consideration of the Council, was received and placed on file for the information of the Council On a motion by Vandersloot, seconded by Walsh, and unanimously adopted, it was CR 416-00 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 24, 2000, submitted pursuant to Council Resolution 257-00, and a communication from the City Planning Commission, dated January 28, 2000, which sets forth its resolution 1-13-2000, adopted on January 25, 2000, with regard to Petition 99-11-1-20, submitted by Leo Soave Builders, for a change of zoning of property located on the south side of Six Mile Road between Oporto Street and Middlebelt Road in the Northeast 1/4 of Section 14, from RUFA to R-1, and the Council having conducted a public hearing with regard to this matter on Monday, March 20, 2000, pursuant to Council Resolution 95-00, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-11-1-20 is hereby denied for the following reasons 1 That the proposed change of zoning is inconsistent with the predominate RUF zoning in the area, 2 That the change of zoning would provide for lot sizes which are smaller than the prevailing lot sizes in the area, 3 That the proposed change of zoning is incompatible to and not in harmony with the general character of the area, and 4 That the proposed change of zoning is not necessary for the continued use of the subject property for residential purposes Councilmember Duggan returned to the podium at 8 53 p m On a motion by Duggan, seconded by Pastor, it was CR 417-00 RESOLVED, that having considered a communication from the City Assessor, dated May 8, 2000, approved for submission by the Mayor, with regard to a request from Mr Kim Kostich, Anchor Homes Corporation, P0 Box 510054, Livonia, Michigan 48151, 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 32333 approve of the proposed division of Tax Item No 46-051-01-0255-000 into two (2) parcels, the legal descriptions of which shall read as follows PARCEL A The west 70 0 feet of Lot 255 of "Supervisor's Livonia Plat No 3", of part of the N 1/2 of S W '/4 of Sec. 13, T 1S , R. 9 E , Livonia Twp , Wayne Co , Mich Subject to easements and restrictions of record L. 66 P 16 Wayne County Records PARCEL B The east 70 0 feet of Lot 255 of "Supervisor's Livonia Plat No 3", of part of the N 1/2 of S W 1/4 of Sec. 13, T 1S , R. 9 E , Livonia Twp , Wayne Co , Mich Subject to easements and restrictions of record L 66 P 16 Wayne County Records 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 roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Walsh, Pastor, Duggan and Brosnan NAYS Laura The President declared the resolution duly adopted On a motion by Duggan, seconded by Engebretson, it was RESOLVED, that having considered a communication from the City Planning Commission, dated February 15, 2000, which transmits its resolution 2-29-2000, adopted on February 8, 2000, with regard to Petition 99-12-SN-17, submitted by Flooring America, requesting approval for signage for the commercial building located at 30295 Plymouth Road in the Northeast 1/4 of Section 36, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-12-SN-17 is hereby approved, subject to the following conditions 1 That the Sign Package submitted by Toledo Sign, as received by the Planning Commission on December 17, 1999, is hereby approved and shall be adhered to, except for the following 32334 That the wall sign for the north elevation of the building shall not exceed 44 sq ft. in sign area, and That the wall sign for the east elevation of the building shall not exceed 44 sq ft. in sign area, 2 That all signage shall not be illuminated between the hours of midnight and 5.00 a m 3 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess of the number of signs and the amount of sign area allowed by the sign ordinance, 4 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, and 5 That any "bleeding" of the letters that appears to the mansard roof shall be repainted so as not to show Councilmember Engebretson withdrew his support from the foregoing resolution On a motion by Duggan, seconded by Walsh, it was tiro CR 418-00 RESOLVED, that having considered a communication from the City Planning Commission, dated February 15, 2000, which transmits its resolution 2-29-2000, adopted on February 8, 2000, with regard to Petition 99-12-SN-17, submitted by Flooring America, requesting approval for signage for the commercial building located at 30295 Plymouth Road in the Northeast 1/4 of Section 36, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-12-SN-17 is hereby approved, subject to the following conditions 1 That the Sign Package submitted by Toledo Sign, as received by the City Council on March 23, 2000, by Drawing #6340, is hereby approved and shall be adhered to, except for the following That the wall sign for the north elevation of the building shall not exceed 43 sq ft. in sign area, and one line of copy, and, - That the wall sign for the east elevation of the building shall not exceed 43 sq ft. in sign area, and one line of copy 2 That all signage shall not be illuminated between the hours of midnight and 5 00 a m 3 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess of the number of signs and the amount of sign area allowed by the sign ordinance, 4 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, and 5 That any "bleeding" of the letters that appears to the mansard roof shall be repainted so as not to show A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Walsh, Duggan, Laura and Brosnan NAYS Pastor The President declared the resolution duly adopted On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 419-00 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 concur in the recommendation of the Planning Commission and the revisions to Petition 97-7-8-18 are hereby approved and granted, subject to 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 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; 32336 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 biro 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 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, 32337 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, for employees and vendors, 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 Engineering Division, dated May 24, 2000, re drainage concerns at the Hearthstone Assisted Living Facility, was received and filed for the information of the Council (Petition 97-7-8-18) A Preliminary Drainage Plan, submitted by Mannik & Smith, dated June 5, 2000, re Hearthstone Assisted Living Facility, 15670 Newburgh Road, was received and placed on file for the information of the Council (Petition 97-7-8-18) Mr Tangora of Brashear, Tangor & Spence was present to answer questions of the Council Mr Charles Fields of Hearthstone Assisted Living, Inc and Brian Geer of Mannick & Smith, architect for the Hearthstone Assisted Livonia facility, spoke to the Council regarding Petition 97-7-8-18 Denice Woods DiBiase, 15619 Liverpool, Livonia spoke to the Council regarding the Hearthstone Assisted Living Facility to be located at 15670 Newburgh Road (Petition 97-7-8-18) On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was REVISED - IDD 32338 CR 420-00 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 2 15 acres lying in the Southwest 1/4 of Section 27, 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. 80", and WHEREAS, written notice has been given by certified mail to Delta Research Corporation 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 80 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 80, and WHEREAS, on May 10, 2000, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 80, at which time Delta Research Corporation 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 Delta Research Corporation 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 80" EXHIBIT A 27E6B1 El 0C3B2A THAT PART OF THE SW SEC OF7 T1S R93 DES AS BEG AT THE POINT DIS OD OOM 39 SEC E ALONG THE W SEC LINE E 1619 80 FT AND S 89D 13M 14 SEC E 1000 31 FT FROM THE SW COR OF 32339 SEC 27 AND PROC TH S 89D 13M 14 SEC E 196 10 FT TH On a motion by Walsh, seconded by Engebretson, and unanimously adopted, it was CR 421-00 RESOLVED, that the Council does hereby refer the parking lot proposal and Petition 00-2-2-5 back to the Planning Commission for a new report and recommendation A communication from the Planning Department, dated June 1, 2000, re the adequacy of off-street parking for the businesses located at the northeast corner of Seven Mile and Farmington Roads, including Wintergarden Tavern, LL C , was received and placed on file for the information of the Council (Petition 00-2-2-5) A communication from the Department of Law, dated June 2, 2000, re the history of the parking situation at the Wintergarden Tavern, L.L.0 , along with the legal implications of denial of the proposed waiver use petition, was received and placed on file for the information of the Council (Petition 00-2-2-5) David Hood spoke on behalf of the Wintergarden, L.L.0 and answered questions of the Council Ken Operhall, 19130 Westmore, spoke to the Council regarding the availability of documentation to the residents relative to proposed Petition 00-2-2-5, Wintergarden, L.L.0 On a motion by Duggan, seconded by Laura, and unanimously adopted, it was. CR 422-00 RESOLVED, that having considered 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.0 , 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 32340 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 the subject of the parking lot proposal at Fat Willy's to the Administration for its report and recommendation On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was. CR 423-00 RESOLVED, that having considered a communication from the Director of Community Resources, dated May 1, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation of Farmer Jack Gift Certificates in the total amount of $490 00 from the Kiwanis Early Risers to the Community Resources Department to be used as indicated in the aforesaid communication. On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was CR 424-00 RESOLVED, that having considered a communication from the Chief of Police, dated May 11, 2000, approved for submission by the Mayor, requesting permission to place lawn signs in front of several City buildings reminding and encouraging motorists to wear seatbelts, to coincide with ABC (America Buckles UP Children) and the Drive Michigan Safely traffic enforcement grant and which signs would be displayed from May 17, 2000 through July 8, 2000, the Council does hereby approve and grant this request in the manner and form herein submitted Sgt. Wes McKee, Livonia Police Department, was present and showed samples of the lawn signs that will be placed in conjunction with the ABC (America Buckles UP Children) Program, and spoke to the effectiveness of the program During the audience communication portion of the meeting, Helen Oppat spoke abut the 17th Annual Craft Show at St. Aidan's Church Councilmember Pastor spoke about the success of the Childrens' Miracle Network and thanked all who donated to this cause He stated they raised over $208,000,000 nationally and $2,000,000 locally Councilmember Engebretson reminded everyone of the Greenmead Garden Walk that is to be held on June 24, 2000 32341 Councilmember Duggan reminded everyone to vote in the school election to be held on June 12, 2000 On a motion by Duggan, seconded by Pastor, and unanimously adopted, this 1418th Regular Meeting of the Council of the City of Livonia was adjourned at 9 37 p.m , June 5, 2000 ttircf- )U11., ' Alan McCotter, City Clerk