HomeMy WebLinkAboutCOUNCIL MINUTES 1999-02-24 31461
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND EIGHTY-SEVENTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On February 24, 1999, 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 Duggan delivered the invocation
Roll was called with the following result: Brian Duggan, Joe Laura,
Maureen Miller Brosnan, John J Walsh, Val I Vandersloot, John R Pastor, and Jack
Engebretson Absent: None
Elected and appointed officials present: John Nagy, City Planner; Robert
J Schron, City Engineer; Sean P Kavanagh, City Attorney; Ann W Tavolacci, Deputy
City Clerk, Karen A. Szymula, Director of Legislative Affairs, Mary Rutan, Personnel
Director; and Ian Wilshaw, Traffic Commission
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#90-99 RESOLVED, that the minutes of the 1,386th Regular Meeting
of the Council of the City of Livonia, held February 10, 1999, are hereby
approved as noted with the correction pertaining to CR #73-99
Council Resolution #73-99 is corrected to read as follows
#73-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated
January 26, 1999, submitted pursuant to Council Resolution 884-98, and a
communication from the City Planning Commission, dated September 30,
1998, which transmits its resolution 9-161-98, adopted on September 29,
1998, with regard to Petition 98-9-8-28 submitted by William Ditzhazy,
requesting Master Deed, Bylaws and Site Plan approval in connection with
a proposal to construct the Laurel Village Site Condominiums on property
located at 18981 Laurel Road in the Northwest 1/4 of Section 9, pursuant
to the provisions set forth in Section 18 62 of Ordinance No 543, as
amended, the Council does hereby concur in the recommendation of the
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Planning Commission and Petition 98-9-8-28 is hereby approved and
granted, subject to the following conditions
1 That the Master Deed complies with the requirement of the
Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of the
Livonia Code of Ordinances, and Article XX of Ordinance No 543,
Section 20 01-20 06 of the ordinance, except the following shall be
incorporated
That the first floor of each condominium unit shall be brick or stone,
on all four sides, and the total amount of brick or stone on each
two-story colonial or cape cod unit shall not be less than 70%, with
full brick chimney, and the total amount of brick or stone on each
one-story ranch style home shall not be less than 80%, with full
brick chimney; and square foot minimums of usable living space
shall be 2,900 for two-story colonials, 2,700 for two-story cape cods
and 2,200 for one-story ranch style homes, FURTHER, sidewalk
and street light requirements shall be waived,
2 That the brick used in the construction of each condominium unit
shall be full-face four (4") inch brick, no exceptions,
3 That the revised Site Plan prepared by Motco Land S.E.A.
Corporation Shrader-Porter of Michigan, Inc , as received by the
.121aRRIN-Cremmissieff City Council on Auguct 25, 1998 January 13,
1999, is hereby approved and shall be adhered to,
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4 That the petitioner shall meet to the satisfaction of the Engineering
Division the matter of backyard drainage and storm sewer runoff as
outlined in the correspondence dated September 14, 1998, and
5 That a fully detailed Landscape Plan shall be submitted to the
Planning Commission and City Council for their review and
approval
On a motion by Brosnan, seconded by Pastor, it was
#91-99 RESOLVED, that the minutes of the 236th Special Meeting of
the Council of the City of Livonia, held February 17, 1999, are hereby
approved as submitted
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A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Brosnan, Walsh, Pastor, and Engebretson
NAYS None
ABSTAIN Laura
PRESENT Vandersloot.
The President declared the resolution adopted
There was no audience communication at the beginning of the meeting
A communication from the Engineering Division, dated February 19, 1999,
re status of the Whispering Pines Site Condominium Subdivision (Pines of Winfield)
was received and placed on file for the information of the Council (CR 786-98)
Councilmember Laura requested that the status of the Whispering Pines
Site Condominiums only be reported to council on a quarterly basis, rather than at each
Regular Meeting, unless there is a substantial development or building permits are
issued
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#92-99 RESOLVED, that the Council does hereby amend the
Orders of the Day to allow Agenda Item Nos 29, 30 and 31 to be moved
to the end of the meeting, after Agenda Item No 35
A communication from the Engineering Division, dated February 22, 1999,
re additional information on the change order to the construction contract for a right-
turn lane at Plymouth and Merriman Roads was received and placed on file for the
information of the Council (Consent Agenda Item #12)
On a motion by Duggan, seconded by Pastor, it was
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#93-99 RESOLVED, that having considered a letter from the
Treasurer of Hearts of Livonia, dated January 29, 1999, the Council does
hereby determine as follows
1 That Hearts of Livonia is a worthy non-profit charity in the
community;
2 That the City of Livonia shall be one of the co-sponsors of the 1999
Golf Day Benefit;
3 That Hearts of Livonia is hereby granted approval to use the
Whispering Willows, Fox Creek and Idyl Wyld Municipal Golf
Courses on Wednesday, August 25, 1999, for the 22nd annual golf
outing, and
4 That Hearts of Livonia is hereby granted approval to display
banners on Five Mile and Farmington Roads from August 1, 1999,
through August 31, 1999, at no additional cost to Hearts of Livonia,
which signs shall be removed by September 1, 1999
A communication from the Office of the City Clerk, dated February 4,
1999, re determination of the salaries of elected officials by the Local Oft;cers
Compensation Commission was received and placed on file for the information of the
Council
#94-99 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated January 25, 1999, 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 1999
Chevrolet Tahoe from Buff Whelan Chevrolet, Inc , 40445 Van Dyke,
Sterling Heights, Michigan 48131, in the amount of$27,805 34, the same
to be appropriated and expended from the following
Salvage Cost for Totaled Vehicle $ 1,800 00
MMRMA Insurance Proceeds 8,527 50
Capital Projects #401 Fund 17,477 84
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as the same is based
upon the low Oakland County Cooperative Purchasing Program, 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
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#95-99 RESOLVED, that having considered a communication from
the Personnel Director, dated February 5, 1999, which bears the signature
of the Director of Finance and is approved for submission by the Mayor,
and which transmits a resolution adopted by the Civil Service Commission
on February 4, 1999, wherein the Commission has recommended
approval of an increase in the hourly wage for the classification of
Seasonal Clerk, which rate increase is as follows
Classification Current Wage Rate Proposed Wage Rate
Seasonal Clerk (1st season) $6 45 $9 00
Seasonal Clerk (2nd season) 6.95 9.25
the Council does hereby concur in and approve of the aforesaid action
#96-99 RESOLVED, that having considered a communication from
the Director of Finance, dated January 22, 1999, approved for submission
by the Mayor, to which is attached a proposed agreement between the
City of Livonia and Karoub Associates, 200 North Capitol Avenue, Suite
500, Lansing, Michigan 48933, to act as the City's legislative consultant
for the period January 1, 1999, through December 31, 1999, for an annual
fee of$24,000 00, including all expenses, the Council does hereby
approve the agreement in the manner and form herein submitted, and the
Mayor and City Clerk are hereby authorized, for and on behalf of the City
of Livonia, to affix their signatures to the said agreement, subject to
approval as to form by the Department of Law
#97-99 RESOLVED, that having considered a communication from
the Department of Law, dated January 22, 1999, approved for submission
by the Mayor, submitted pursuant to Council Resolutions 106-95 and 107-
95, transmitting for Council acceptance two Warranty Deeds, dated
January 13, 1999, executed by Richard Paul Spens and Laura H Spens,
conveying to the City certain properties described as follows.
The North 60 feet of the following described parcel
The West 1/2 of the West 1/2 of the Northeast 1/4 of the Northeast 1/4 of
the Northwest 1/4 of Section 12, T 1 S , R. 9 E., City of Livonia, Wayne
County, Michigan (Part of Tax Parcel No 046-99-0040-000, 28515
Seven Mile Road right-of-way)
AND
The North 60 feet of the following described parcel
The East 1/2 of the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of
the Northwest 1/4 of Section 12, T 1 S , R. 9 E , City of Livonia, Wayne
County, Michigan (Part of Tax Parcel No 046-99-0050-000, 28215
Seven Mile Road right-of-way)
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the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Warranty Deeds, and the City Clerk is hereby requested to
do all other things necessary or incidental to fulfill the purpose of this
resolution, and FURTHER, that the Mayor and City Clerk are authorized
to execute Quit Claim Deeds conveying the above-described properties to
the County of Wayne in a form to be approved by the Department of Law
#98-99 RESOLVED, that having considered a communication from
the Department of Law, dated January 21, 1999, approved for submission
by the Mayor, submitted pursuant to Council Resolution 377-98,
transmitting for Council acceptance a Warranty Deed executed by
Dominic and Elaine Soave and Michael and Kim Soave, conveying to the
City certain property described as follows
The North 27 feet of the South 60 feet of the following parcel of land Part
of the SE 1/4 of Section 4, T 1 S , R 9E , City of Livonia, Wayne County,
Michigan, described as beginning S 89°57'10" West, 1,176 20 feet from
the Southeast corner of Section 4, thence S 89°57'10" West, 150 10 feet;
thence N 0°05'45" East, 310 feet; thence N 89°57'10" East, 149 51 feet;
thence S 0°00'50" East, 310 feet to the point of beginning 1 07 acres.
(33612 Seven Mile Road) Tax ID No 016-99-0025-000
and a Quit Claim Deed executed by Domin,:, and Elaine Soave and
Michael and Kim Soave, conveying to the City certain property described
as follows
The South 33 feet of the following parcel of land Part of the SE 1/4 of
Section 4, T 1 S , R 9E , City of Livonia, Wayne County, Michigan,
described as beginning S 89°57'10" West, 1,176 20 feet from the
Southeast corner of Section 4, thence S 89°57'10" West, 150 10 feet;
thence N 0°05'45" East, 310 feet; thence N 89°57'10" East, 149 51 feet;
thence S 0°00'50" East, 310 feet to the point of beginning 1 07 acres
(33612 Seven Mile Road) Tax ID No 016-99-0025-000
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Warranty Deed and Quit Claim Deed, which deeds were
previously recorded in the Office of the Register of Deeds and returned to
the City Clerk, and the City Clerk is hereby requested to do all other things
necessary or incidental to fulfill the purpose of this resolution, and
FURTHER, that the Mayor and City Clerk are authorized to execute a Quit
Claim Deed conveying the south 60 feet of the above-described property
to the County of Wayne in a form to be approved by the Department of
Law
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A communication from the Department of Law, dated January 22, 1999,
re administrative response to CR 398-98 — definition of home business and home
occupation —was received and placed on file for the information of the Council
#99-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated January 7, 1999, which bears the signature of the Director of
Finance, is approved by the Director of Community Resources and is
approved for submission by the Mayor, to which is attached a summary
outlining the final allocation of costs in connection with the 1998 Sidewalk
Program (Contract 98-C), pursuant to Council Resolution 410-98, the
Council does hereby determine as follows
• To establish the final project cost at $262,674 01 of which a total of
$200,814 84 is to be charged to the Single Lot Assessments and
$51,100 17 is to be charged to the following City funds Major
Road Account ($15,677 75) and Local Road Account ($35,422 42),
• To authorize an additional expenditure of $8,184 00 from Account
#101-737-931-220 to cover costs related to Greenmead as directed
by the Director J Community Resources,
• To authorize an additional expenditure of $577 75 from the Major
Road Account and $17,822 42 from the Local Road Account of the
Michigan Transportation Fund to cover costs related to the
construction of handicap ramps at major and local roads and to
cover the administrative costs connected with the City work, and
• To authorize final payment of$28,133 41 to LaRocca, Inc , 34677
Navin, Livonia, Michigan 48152, for additional work related to
Contract 98-C
#100-99 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 13, 1999, approved
by the Director of Public Works and approved for submission by the
Mayor, regarding replacement and/or construction of new sidewalks in the
City of Livonia pursuant to the 1998 Sidewalk Repair Program (Contract
98-C) at the locations and in the amounts indicated in the attachment to
the aforesaid communication, which work was done pursuant to Council
Resolution No 410-98 adopted on May 20, 1998, and in accordance with
the provisions of Section 12 04 340 of Chapter 4 of Title 12 of the Livonia
Code of Ordinances, as amended, the City Treasurer is hereby directed to
send a statement of charges to all property owners in the amounts listed
above in accordance with Section 3 08 150 of Title 3, Chapter 8 of the
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Livonia Code of Ordinances, as amended, and the Council does hereby
establish the evening of May 5, 1999, at 8 00 p m at the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan, as the time and place when
the Council shall meet for the purpose of adopting a resolution placing a
special assessment upon said properties for such charges unless the
same are paid prior to the date of such meeting, and the City Clerk and
City Treasurer are hereby requested to do all things necessary or
incidental to the full performance of this resolution
#101-99 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 6, 1999, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and approved for submission by the Mayor, with regard to
the street improvement of Savoie and Grove, south of Six Mile Road and
east of Middlebelt Road in the Northwest 1/4 of Section 13, the Council
does hereby determine that based upon actual costs certain deficiencies
do exist, and pursuant to provisions set forth in Section 3 08 270 of the
Livonia Code of Ordinances, as amended, that Special Assessment
District No 380 shall be revised and amended in accordance with the
revised assessment roll attached to the aforesaid communication so as to
revise the original assessment rate of$53 00 per foot to a new
assessment rate of$54 40 per foot, which rate will reflect actual costs
incurred for this project, and so as to revise the total assessment as set
forth in the confirmed assessment roll for S.A.D No 380 from
$247,723 59 to $254,267 23, FURTHER, the Council does hereby
authorize the City Assessor to increase the assessments in the total
amount of$12,717 42 for parcels listed in Attachment Ill of the aforesaid
communication, so as to include the cost of additional work requested by
property owners within the assessment district; FURTHER, the Council
does hereby establish the final project cost at $457,374 43 of which
$266,984 65 shall be charged to the special assessment district and
$190,389 78 shall be the City's share, FURTHER, the Council does
hereby authorize an expenditure in the amount of$457,374 43 for this
purpose from the General Obligation Road Improvement Bond Issue with
the provision that the General Obligation Road Improvement Bond Issue
be reimbursed at such time as funds are available from the next Special
Assessment Paving Bond Issue ($266,984 65) and from the Michigan
Transportation Fund (Local Road Account) receipts ($190,389 78),
FURTHER, the Council does hereby authorize an increase in the contract
amount for Nagle Paving Company (Contract 97-E) from $377,335 65 to
$399,375 69
#102-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated January 6, 1999, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, to which is
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attached Change Order No 1 in connection with the installation of the
right-turn lane at Plymouth and Merriman Roads, previously authorized in
Council Resolution 774-98 adopted on October 7, 1998, the Council does
hereby approve and authorize such change order in the amount of
$6,388.21 for this project payable to Peter A. Basile Sons, Inc., P 0 Box
532530, 13000 Newburgh Road, Livonia, Michigan 48151, FURTHER,
the Council does hereby appropriate and authorize the expenditure of the
additional amount of$6,343 41 from the Major Road Account of the
Michigan Transportation Fund for this purpose
#103-99 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 3, 1999, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, is approved as to the form by the City Attorney, and is
approved for submission by the Mayor, to which is attached a proposed
agreement between the Michigan Department of Transportation, Wayne
County, and the City of Livonia, and a proposed agreement between
Wayne County and the City of Livonia for the resurfacing of Five 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 these agreements in the manner and form herein
submitted, FURTHER, the Council does hereby appropriate and authorize
the expenditure of the sum of$214,500 00 from the $12 Mil;ion General
Obligation Road Bond Issue for the City's estimated share of this project,
with the anticipation of a refund of approximately $130,050 00 when
federal funding is received for this project; and the City Clerk is hereby
requested to forward a certified copy of this resolution, together with the
signed agreements, to the Wayne County Department of Public Services,
Division of Engineering
#104-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 1, 1998, which transmits its
resolution 9-164-98, adopted on September 29, 1998, with regard to a
Sign Permit Application, submitted by Metro-Detroit Signs, on behalf of
Residence Inn, requesting approval to erect an additional wall sign for the
hotel located at 17250 Fox Drive in the Southwest 1/4 of Section 7, and a
communication from the City Planning Commission, dated January 15,
1999, which transmits its resolution 1-8-99, adopted on January 12, 1999,
with regard to an additional Sign Permit Application, also submitted by
Metro-Detroit Signs, on behalf of Residence Inn, requesting approval for
additional signage for the hotel, the Council does hereby concur in the
recommendation of the Planning Commission and approves the said Sign
Permit Applications, subject to the following conditions
REVISED PAGE - SEE CR 1105-99
31470
1 That the Sign Package, submitted by Metro-Detroit Signs, as
received by the Planning Commission on September 15, 1998, is
hereby approved and shall be adhered to,
2 That the Sign Package, submitted by Metro-Detroit Signs, as
received by the Planning Commission on December 22, 1998, is
hereby approved and shall be adhered to, except for the fact that
the large pylon sign shall not be permitted, and
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
#105-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 1, 1999, which transmits
its resolution 1-23-99, adopted on January 26, 1999, with regard to
Petition 98-12-2-32, submitted by Peter J Terry, requesting waiver use
approval to operate a limited service restaurant within the Concord Plaza
located on the east side of Middlebelt Road between Terrence and
Sunnydale Avenues in the Northwest 1/4 of Section 13, which property is
zoned C-2, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 98-12-2-32 is hereby
approved and granted, subject to a limitation on the number of customer
seats not to exceed a total of 30
#106-99 RESOLVED, that having considered a letter from Bobby's
Country House, 35780 W Five Mile Road, Livonia, Michigan 48154,
requesting approval of the sale and transfer of the assets and leasehold
interest of Bobby's Country House to Harry Sisko, George Demopoulos
and Walter Martin (on behalf of an entity to be formed), the Council does
hereby refer this item to the Capital Improvement Committee for its report
and recommendation
#107-99 RESOLVED, that having considered a letter from Bobby's
Country House, 35780 W Five Mile Road, Livonia, Michigan 48154,
requesting approval of the sale and transfer of the assets and leasehold
interest of Bobby's Country House to Harry Sisko, George Demopoulos
and Walter Martin (on behalf of an entity to be formed), the Council does
hereby refer this request to the Department of Law to take all steps
necessary to obtain an appraisal on the subject real estate, the same to
thereafter be submitted to Council for its consideration, FURTHER, the
Council does hereby appropriate and authorize the expenditure of a sum
not to exceed $5,500 00 from Account No 101-267-972-000 for this
purpose
#108-99 RESOLVED, that having considered a request from
Councilmember Brian Duggan, the Council does hereby refer the subject
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matter of the City policy regarding Class C liquor license quotas to the
Legislative Committee for its report and recommendation
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, Pastor, and
Engebretson
NAYS None
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
#109-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 9, 1999,
submitted pursuant to Council Resolution 617-98, a communication from
Council Vice President Walsh, dated August 19, 1998, and a
communication from the City Planning Commission, dated June 4, 1998,
which transmits its resolution 5-81-98 adopted on May 19, 1998, with
regard to Petition 98-5-8-17, submitted by Abington Development, Inc ,
requesting approval of the Master Deed, Bylaws and a Site Plan in
connection with a proposal to construct a s to condominium development
on property located at 29505 Clarita Avenue in the Northeast 1/4 of
Section 11, pursuant to the provisions set forth in Section 18 62 of
Ordinance No 543, as amended, the Council does hereby determine that
this item shall remain in committee
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#110-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 9, 1999,
submitted pursuant to Council Resolution 739-98, and a communication
from the City Planning Commission, dated June 25, 1998, which transmits
its resolution 6-106-98 adopted on June 23, 1998, with regard to Petition
98-5-8-15 submitted by A.D I Realty, Inc , on behalf of Arbor Drugs,
requesting Site Plan approval in connection with a proposal to construct a
retail store on property located at 29500 Five Mile Road in the Southwest
1/4 of Section 14, pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, and the Council having conducted a
public hearing with regard to this matter on September 2, 1998, pursuant
to Council Resolution 542-98, the Council does hereby determine that this
item shall remain in committee
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A communication from F Matthew Ray, Architect, dated February 15,
1999, re their intention to submit revised site drawings and a new prototype building
design with respect to Petition 98-5-8-15 (Arbor Drugs) was received and placed on file
for the information of the Council
Walsh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 33 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 98-7-1-12)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Vandersloot gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 98-11-3-6)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Duggan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 030 OF TITLE 9,
CHAPTER 16 (LARCENY) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, Pastor, and
Engebretson
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NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Brosnan took from the table, for second reading and adoption, the
following Ordinance, as revised
AN ORDINANCE ADDING SECTION 015 TO TITLE 12,
CHAPTER 08 (STREET AND ALLEY VACATIONS) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
Upon unanimous consent of Council, Brosnan withdrew her motion for second reading
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#111-99 RESOLVED, that the Council does hereby refer a proposed
ordinance adding Section 015 to Title 12, Chapter 08 (Street and Alley
Vacations) of the Livonia erode of Ordinances, as amended, with respect
to a fee structure for administrative costs of handling vacating petitions to
the Legislative Committee for its report and recommendation
A communication from the Department of Law, dated February 11, 1999,
re change to proposed fee structure for administrative costs of handling vacating
petitions was received and placed on file for the information of the Council
Walsh left the podium at 8 25 p m due to a potential conflict of interest on the next
agenda item
On a motion by Duggan, seconded by Brosnan, it was
#112-99 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated January 18, 1999,
approved for submission by the Mayor, the Council does hereby establish
the following fees and charges pursuant to Section 12 06 050C and
Section 12 06 060 of the Livonia Code of Ordinances
(Telecommunications)
Telecommunications Permit Application Fee $10,000 00
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Annual fee for use of the public rights-of-way by
telecommunications providers $ 60/ft. major roads
$ 25/ft. local roads
FURTHER, the Council does hereby determine that the annual fee
established herein for use of the rights-of-way by telecommunications
providers shall be considered an interim fee only and shall be subject to
recalculation upon the conclusion of the Plante and Moran study of these
costs pursuant to Council Resolution 648-98
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Brosnan, Vandersloot, Pastor, and Engebretson
NAYS Laura
The President declared the resolution adopted
A communication from the Department of Law, dated February 18, 1999,
re establishment of fee for telecommunications permit applications and interim fee for
use of the public right-of-way was received and placed on file for the info-,nation of the
Council
Walsh returned to the podium at 8 35 p m
On a motion by Walsh, seconded by Laura, it was
#113-99 RESOLVED, that having considered a request from David A.
MacDonald, Plante & Moran Cresa, LLC, on behalf of Spring Engineering
and Manufacturing Corp , dated January 27, 1999, and a communication
from the Economic Development Manager, dated February 8, 1999,
approved for submission by the Mayor, wherein it is indicated that Spring
Engineering and Manufacturing Corp intends to transfer facilities from
35300 Glendale Avenue, Livonia, Michigan 48154, to Canton Township,
and which further indicates that Spring Engineering and Manufacturing
Corp desires to obtain a 1974 P.A. 198 exemption for the Canton
Township facility, the Council does hereby consent to the transfer as
herein requested, and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Walsh, Vandersloot, Pastor, and Engebretson
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NAYS Duggan and Brosnan
The President declared the resolution adopted
On a motion by Duggan, seconded by Pastor, it was
#114-99 RESOLVED, that having considered a communication from
Sam Baki, Baki's Unique Home Builders, Inc., 36700 W Seven Mile Road,
Livonia, Michigan 48152, received in the Office of the City Clerk on
February 3, 1999, requesting an amendment to the Livonia Zoning
Ordinance to increase the allowable square footage of garage floor areas
and the number of garage door openings for a single-family one-story
home with a total floor area of 2,800 square feet or larger and a two-story
home with a total floor area of 3,400 square feet or larger, the Council
does hereby determine to take no further action with respect to this item
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Brosnan, Walsh, Vandersloot, Pastor, and Engebretson
NAYS Laura
The President declared the resolution adopted
A communication from the Director of Legislative Affairs, dated February
24, 1999 re forwarding a denying resolution adopted by the Zoning Board of Appeals
on February 23, 1999, with respect to Sam Baki's request for a four-car garage on
Curtis (Appeal Case No 9902-21) was received and placed on file for the information of
the Council
On a motion by Laura, seconded by Vandersloot, and unanimously
adopted, it was
#115-99 RESOLVED, that having considered a communication from
the City Assessor, dated January 26, 1999, approved for submission by
the Mayor, with regard to a request from Alex and Gina Ali, 15408
Auburndale, Livonia, Michigan 48154, and Mohsin Giryoun, 31560 Five
Mile Road, Livonia, Michigan 48154, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46 of
Ordinance 543, as amended, the Council does hereby determine to deny
31476
the request for dividing and combining Tax Item Nos 46-060-01-0628-001
and 46-060-01-0629-001 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
h,„ zoning practice
The following individuals from the audience spoke in opposition to the requested lot
split:
Ken Walters, 15411 Auburndale, Livonia, and
Charles Cassar, 15805 Auburndale, Livonia
A communication from Gina Ali, dated February 20, 1999, re requesting
Council to view the street of her requested lot split and combination (31540 and 31560
Five Mile) was received and placed on file for the information of the Council
A communication from Tommi Mozier West, 15810 Auburndale, Livonia
48154, dated February 18, 1999, re requesting Council to deny the lot split requested
by Gina and Alex Ali was received and placed on file for he information of the Council
A petition signed by 44 residents, dated February 19, 1999, re opposing
the requested lot split and combination of property located north of Five Mile and west
of Merriman (31540 and 31560 Five Mile) was received and placed on file for the
information of the Council
Duggan left the podium at 8 49 p m due to a conflict of interest on the next Agenda
item
On a motion by Laura, seconded by Vandersloot, it was
RESOLVED, that having considered a communication from
the City Assessor, dated January 26, 1999, approved for submission by
the Mayor, with regard to a request from Raymond and Bonnie Bihary,
16580 Merriman Road, Livonia, Michigan 48154, to divide Tax Item No
46-054-01-0021-000 into two (2) parcels, the Council does hereby refer
this matter to the Streets, Roads and Plats Committee for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
31477
AYES Laura, Vandersloot, and Engebretson
NAYS Brosnan, Walsh, and Pastor
The President declared the resolution denied
The petitioner, Raymond Bihary, 16580 Merriman, spoke to his lot split request.
Additionally, Charles Fugate, 31069 Munger, spoke in opposition to the requested lot
split.
A communication from Eleanor Sejfula, 16544 Merriman, Livonia, received
on February 22, 1999, re stating her objection to the proposed lot split at 16580
Merriman was received and placed on file for the information of the Council
A communication from Charles D Fugate, 31069 Munger, Livonia 48154,
received on February 18, 1999, re opposing the requested lot split of property located
at 16580 Merriman, owned by Raymond and Bonnie Bihary, was received and placed
on file for the information of the Council
On a motion by Brosnan, seconded by Pastor, it was
RESOLVED, that having considered a communication from
the City Assessor, dated January 26, 1999, approved for submission by
the Mayor, with regard to a request from Raymond and Bonnie Bihary,
16580 Merriman Road, Livonia, Michigan 48154, and in accordance with
the provisions of 1967 PA 288, as amended, as well as Section 18 46 of
Ordinance No 543, as amended, the Council does hereby approve of the
proposed division of Tax Item No 46-054-01-0021-000 into two (2)
parcels, contingent upon receiving a letter from the petitioner promising to
build either a one story or a maximum of a one and one-half story home
on the site, the legal descriptions of which parcels shall read as follows
PARCEL A.
The West 250 20 feet of Lot 21, Bell Creek Estates, part of the N W 1/4 of
Section 14, T 1 S , R 9E , Livonia Township (now City of Livonia),
Wayne County, Michigan, as recorded in Liber 67, Page 33, W C R
Subject to easements of record
31478
PARCEL B.
The East 125 40 feet of Lot 21, Bell Creek Estates, part of the N W 1/4 of
Section 14, T 1 S , R 9E , Livonia Township (now City of Livonia),
Wayne County, Michigan, as recorded in Liber 67, page 33, W C R.
Subject to easements of record
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
The President relinquished the Chair at 9 05 p m in order to speak to the foregoing lot
split request.
A roll call vote was then taken on the foregoing resolution with the following result:
AYES Brosnan, Walsh, and Pastor
NAYS Laura, Vandersloot, and Engebretson
The Vice President declared the resolution denied
On a motion by Engebretson, seconded by Brosnan, it was
#116-99 RESOLVED, that having considered a communication from
the City Assessor, dated January 26, 1999, approved for submission by
the Mayor, with regard to a request from Raymond and Bonnie Bihary,
16580 Merriman Road, Livonia, Michigan 48154, to divide Tax Item No
46-054-01-0021-000 into two (2) parcels, the Council does hereby
reschedule this matter to the Regular Meeting of March 24, 1999
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Engebretson, Vandersloot, Pastor, and Walsh
NAYS Laura
The Vice President declared the resolution adopted
The President resumed the Chair at 9 18 p m
Duggan returned to the podium at 9 18 p m
31479
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#117-99 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated February 9, 1999, approved
for submission by the Mayor, and a communication from Allie Brothers,
dated February 8, 1999, wherein it is indicated that Allie Brothers has
offered to hold the prices bid in 1997 through November 30, 2000, the
Council does hereby accept such offer of Allie Brothers, 20295 Middlebelt,
Livonia, Michigan 48152, for supplying the Division of Police with Police
uniforms at the same unit prices previously accepted in Council Resolution
87-97 for a total estimated price of$41,750 00, which prices shall remain
in effect through November 30, 2000, FURTHER, the Council does
hereby authorize the said purchase without compet,tive bidding for the
reasons indicated in the aforesaid communication, 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 February 12,
1999, re delinquent account balance for false alarm billings for the property located at
Imo 20295 Middlebelt Road (for which payment was received on February 23, 1999) was
received and placed on file for the information of the Council
On a motion by Vandersloot, seconded by Laura, and unanimously
adopted, it was
#118-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 1, 1999, which transmits
its resolution 1-19-99, adopted on January 26, 1999, with regard to
Petition 98-11-2-28, submitted by Busch's, Inc , requesting waiver use
approval to operate a restaurant with more than 30 seats within Busch's
Marketplace in Newburgh Plaza located on the south side of Six Mile
Road between Newburgh Road and Fitzgerald Avenue in the Northwest
1/4 of Section 17, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 98-11-2-28 is hereby approved and granted, subject to a
limitation on the number of customer seats not to exceed a total of 56
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
it was
31480
#119-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 1, 1999, which transmits
its resolution 1-20-99, adopted on January 26, 1999, with regard to
Petition 98-11-2-29, submitted by Stuart Frankel, on behalf of Newburgh
Plaza, requesting waiver use approval to operate a full service restaurant,
LaShish Restaurant, proposed to occupy a specified unit (as delineated in
the legal description approved by the Engineering Division) within the
Newburgh Plaza located on the south side of Six Mile Road between
Newburgh Road and Fitzgerald Avenue in the Northwest 1/4 of Section
17, which property is zoned C-2, the Council does hereby reschedule this
matter to the Regular Meeting of March 10, 1999
A fax communication from LaShish Headquarters, dated February 18,
1999, re forwarding a list of their other restaurant locations was received and placed
on file for the information of the Council
A revised site plan, marked Revision XXX, re Petition 98-11-2-29 for the
LaShish Restaurant proposed to be located within the Newburgh Plaza, was received
and placed on file for he information of the Council
Pastor left the podium at 9 23 p m due to a conflict of interest on the next Agenda item
On a motion by Laura, seconded by Duggan, it was
#120-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 27, 1999, which transmits
its resolution 1-21-99, adopted on January 26, 1999, with regard to
Petition 98-12-2-30, submitted by Buca, Inc , requesting waiver use
approval to utilize a Class C license in connection with a proposed
restaurant to be located on the north side of Six Mile Road between the I-
275 Expressway and Fox Drive in the Southwest 1/4 of Section 7, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 98-
12-2-30 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 the Zoning Ordinance
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, and Engebretson
NAYS None
31481
The President declared the resolution adopted
Pastor returned to the podium at 9 24 p m
On a motion by Brosnan, seconded by Pastor, it was
#121-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 1, 1999, which transmits
its resolution 1-14-99 adopted on January 26, 1999, with regard to Petition
99-1-8-5, submitted by Chris Bailey, on behalf of Super Tire Discount,
requesting site plan approval in connection with a proposal to refurbish the
exterior of the commercial building located at 19268 Middlebelt Road in
the Southwest 1/4 of Section 1, 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 99-1-8-5 is hereby approved and granted, subject to the following
conditions
1 That the Site Plan, marked Sheet SP-1, prepared by Wilson &
Associates, as received by the Planning Commission on December
23, 1998, is hereby approved and shall be adhered to,
2 That the Landscape Plan, marked Sheet LS-1, prepared by Wilson
& Associates, as received by the Planning Commission on
December 23, 1998, is hereby approved and shall be adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the Exterior Building Elevation Plan, marked Sheet A-2,
prepared by Wilson & Associates, as received by the City Council
on February 22, 1999, is hereby approved and shall be adhered to,
6 That the walls of the trash dumpster area and oil tank storage
enclosure shall be painted and constructed to match the building,
and the enclosure gates shall be maintained and, when not in use,
closed at all times,
7 That all new light standards shall be shielded from the adjacent
properties and shall not exceed 20 feet in height;
31482
8 That no signs, either freestanding or wall-mounted, are approved
with this petition, all such signage shall be separately submitted for
review and approval by the Planning Commission and City Council,
and
9 That the parking lot situated on the west and south sides of the
building shall be fully repaved and the parking area to the east side
of the building is to be repaired
The President relinquished the Chair at 9 26 p m in order to speak to this matter
A roll call vote was then taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Brosnan, Engebretson, Vandersloot, Pastor, and
Walsh
NAYS None
The Vice President declared the resolution adopted
A communication from the Department of Finance, dated February 12,
1999, re delinquent account balance for false alarm billings for the property located at
19268 Middlebelt Road (for which payment was received on February 22, 1999) was
received and placed on file for the information of the Council
The floor plan and building elevations, revised on February 22, 1999, re
Petition 99-1-8-5 (Super Tire Discount located at 19268 Middlebelt Road) was received
and placed on file for the information of the Council
The President resumed the Chair at 9 31 p m
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#122-99 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
I
L
31483
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#123-99 RESOLVED, that having considered a communication from
the Plymouth Road Development Authority, dated February 22, 1999,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 66-99, which submits an offer to purchase City-owned property
located at 31602 Plymouth Road (Sidwell No 108-99-0050-000) in the
Southeast 1/4 of Section 27, more particularly described as
The North 165 ft. of the South 375 ft. of the West 50 ft. of the East
705 ft. of the S E 1/4 of Section 27, T 1 S , R. 9 E , City of Livonia,
Wayne County, Michigan, more particularly described as
Beginning at a point which is distant N 89 degrees 2220" W
655 00 ft. and N 0 degrees 07'50" W 210 00 ft. from the S E
corner of said Section 27, thence N 89 degrees 22'20"W 50 00 ft.,
thence N 0 degrees 07'50" W 165 00 ft., thence S 89 degrees
22'20" E 50 00 ft., thence S 0 degrees 07'50" E 165 00 ft. to the
point of beginning, containing 8,249.28 square feet or 0 18938
acres of land Subject to and/or together with all easements or
rights of record (31602 Plymouth Road)
the Council does hereby accept said offer to purchase and does hereby
authorize the sale of the aforesaid City-owned property to the Plymouth
Road Development Authority, 33000 Civic Center Drive, Livonia, Michigan
48154, for a total purchase price of$20,000 00, which sale is conditioned
upon the purchaser providing such title work as may be required for this
transaction at its expense, the action herein being taken in order to best
serve the interests of the community and in accordance with Section
3 05 090(A) of the Livonia Code of Ordinances, as amended, and the
Mayor and City Clerk are hereby authorized, for and on behalf of the City
of Livonia, to execute a quit claim deed and such other documents as may
be necessary or incidental to fulfill the purpose of this resolution, and the
Department of Law is hereby requested to prepare and place in proper
form such legal documents as may be necessary to consummate this
transaction
Michael Polsinelli, Chairman of the Plymouth Road Development Authority, 25800
Northwestern Highway, Southfield, was present to answer questions
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was.
31484
#124-99 RESOLVED, that having considered a communication from
the Department of Law, dated February 8, 1999, approved for submission
by the Mayor, transmitting for Council acceptance three corrected Grants
of Easement, more particularly described as
(1) Grant of Easement dated January 25, 1999, executed by Anthony
and Mary Greco, to the City of Livonia, for
An easement described as Commencing at a point on the North
line of the subject parcel distant S 89°2810" E , 215 00 feet from
the Northwest corner thereof and proceeding thence S 89°2810"
E , 597 00 feet to a corner of the property; thence S 00°05'21" W ,
6 00 feet; thence N 89°2810" W , 567 00 feet; thence S 00°35'41"
E., 10 00 feet; thence N 89°2810" W , 29 93 feet; thence N
00°35'41" W , 16 00 feet to the Point of Beginning over that
property described as
Part of the N W 1/4 of Section 29, T 1 S , R. 9 E , beginning S
00°35'41" W , 1822 85 feet from the N 1/4 corner of Section 29,
thence S 00°35'41" W , 33 15 feet; thence N 89°28'10" W ,
1090 00 feet; thence N 00°35'41" E., 132 00 feet; thence S
89°28'10" E., 812.00 feet; thence S 00°05'21" W , 96 85 feet;
thence S 89°03'19" E , 277 15 feet to the Point of Beginning
(12853/12851 Levan Road, Livonia, MI)
(2) Grant of Easement dated January 25, 1999, executed by John and
Linda Klotz, to the City of Livonia, for
A 6 foot wide easement for water main purposes described as the
South 6 00 feet of the West 600 00 feet of the East 855 00 feet of
that parcel described as the South 130 00 feet of the North
1,724 00 feet of the East 1,310 00 feet of the Northwest 1/4 of
Section 29, Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, except the West 280 00 feet thereof Parcel
114-99-0006-000 (12955 Levan Road)
(3) Grant of Easement dated January 25, 1999, by Anthony and Mary
Greco, to the City of Livonia, for.
An easement described as The North 6 0 feet of the West 20 00
feet of that parcel described as part of the N W 1/4 of Section 29,
T 1 S , R. 9 E , beginning S 00°35'41" W , 1,724 00 feet from the
N 1/4 corner of Section 29 and proceeding thence S 00°35'41" W ,
98 85 feet; thence N 89°2810" W , 277 15 feet; thence N
00°05'21" E , 98 85 feet; thence S 89°28'10" E , 277 00 feet to the
Point of Beginning (12855 Levan Road, Livonia, MI)
31485
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid corrected Grants of Easement and the City Clerk is hereby
requested to have the same recorded in the Office of the Register of
Deeds and to do all other things necessary or incidental to fulfill the
purpose of this resolution
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#125-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 16, 1998, which transmits
its resolution 12-204-98, adopted on December 15, 1998, with regard to
Petition 98-11-2-23, submitted by T Rogvoy Associates, Inc., on behalf of
Millennium Park, L.L.0 , requesting waiver use approval to construct a
Meijer store, a Home Depot, and a five (5) tenant building on property
located on the east side of Middlebelt Road between Schoolcraft Road (I-
96 Jeffries Freeway) and the CSX Railroad right-of-way 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 98-11-2-23 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan, marked Sheet SPA-2, prepared by T Rogvoy
Associates, Inc., dated November 11, 1998, is hereby approved
and shall be adhered to,
2 That the Landscape Plan, marked Sheet SPA-3, and the 10
Landscape Detail Plans, marked Sheets SPA-3a through SPA-3j,
prepared by Design Team Limited, all dated November 9, 1998,
are hereby approved and shall be adhered to,
3 That the Building Elevation Plan, marked Sheet SPA-4, prepared
by T Rogvoy Associates, Inc., dated November 3, 1998, is hereby
approved and shall be adhered to,
4 That the Building Elevation Plan, marked Sheet SPA-5a, prepared
by SSOE Architects Inc , dated November 9, 1998, is hereby
approved and shall be adhered to,
5 That the Building Elevation Plan marked sheet SPA-6a prepared
by Greenberg Farrow Architects, dated November 10, 1998, is
hereby approved and shall be adhered to,
31486
6 That the Building Elevation Plan, marked Sheet SPA-7a, prepared
by T Rogvoy Associates, Inc., dated November 9, 1998, 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 lawn areas (except outlots) shall be sodded in lieu of
hydroseeding,
9 That all rooftop mechanical units shall be concealed from view on
all sides by screening that shall be of a compatible character,
material and color to other exterior materials on the buildings,
10 That no signs, either freestanding or wall mounted, are approved
with this petition, all such signage shall be separately submitted
for review and approval by the Planning Commission and City
Council,
11 That the 140,000 sq ft. building will be restricted to five (5)
tenants, and
12 That the petitioner shall correct to the satisfaction of the
Engineering Division the concerns as outlined in their
correspondence dated November 23, 1998
Marvin Walkon, 5 Manor Wood, Bloomfield Hills — introduced various individuals who
spoke and/or made presentations with respect to this matter
Mark Drane, T Rogvoy Associates, 6735 Telegraph Road, Bloomfield Hills — gave an
overview of the project;
Ralph Nunez, Design Team, Ltd , 19080 W Ten Mile Road, Southfield — reviewed the
landscape plan for the site,
Scott Nowakowski and Al Kachinowski, Meijer, Inc , 2929 Walker Ave , Grand Rapids—
addressed the new look of their proposed store with the concept of individual centers,
Mike B Kline, Electra Lume, Inc , 3055 Hilton, Ferndale — addressed the lighting aspect;
and
Tim Platt, Home Depot, 233 Washington Street, Grand Haven — stated they would like
their store to open in mid-fall
31487
A communication from Meijer, Inc , dated February 22, 1999, re a store
seating comparison between the Livonia, Northville and Westland stores was received
and placed on file for the information of the Council
A communication from the Director of Planning, received on February 24,
1999, re lighting photometrics at the Pentagon Entertainment Center was received and
placed on file for the information of the Council
The landscape plan marked Sheet SPA-3a for Millennium Park, revised on
February 17, 1999, was received and placed on file for the information of the Council
The minutes of the Committee of the Whole meeting held Monday,
February 22, 1999, re the Millennium Park Development were received and placed on
file for the information of the Council
was On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
#126-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 21, 1999, which transmits
its resolution 12-205-98, adopted on December 15, 1998, with regard to
Petition 98-11-2-24, submitted by Meijer, Inc., requesting waiver use
approval to utilize an SDM license in connection with a Meijer store
proposed to be located on the east side of Middlebelt Road between
Schoolcraft Road (1-96 Jeffries Freeway) and the CSX Railroad right-of-
way in the Northwest 1/4 of Section 25, which property is zoned C-2, the
Council does hereby concur the recommendation of the City Planning
Commission and said Petition 98-11-2-24 is hereby approved and granted
with respect to the SDM license only (petitioner having withdrawn its
request for the SDD license), subject to the following conditions.
1 That the proposed use is in compliance with all of the special and
general waiver use standards and requirements as set forth in
Sections 11 03 and 19 06 of Zoning Ordinance No 543,
2 That the subject site has the capacity to accommodate the
proposed use, and
31488
3 That the utilization of an SDM license is a part of the normal
operation of the subject business
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
#127-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 16, 1998, which transmits
its resolution 12-206-98, adopted on December 15, 1998, with regard to
Petition 98-11-2-25, submitted by T Rogvoy Associates, Inc., on behalf of
Millennium Park, L.L.0 , requesting waiver use approval to operate a
restaurant within a Meijer store proposed to be located on the east side of
Middlebelt Road between Schoolcraft Road (1-96 Jeffries Freeway) and
the CSX Railroad right-of-way 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 98-
11-2-25 is hereby approved and granted, subject to a limitation on the
number of customer seats not to exceed a total of 140
There was no audience communication at the end of the meeting
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, this 1,387th Regular Meeting of the Council of the City of Livonia was
adjourned at 11 11 pm , February 24, 1999
J4a McCotter, City Clerk