HomeMy WebLinkAboutCOUNCIL MINUTES 1998-11-18 31317
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND EIGHTY-FIRST
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On November 18, 1998, 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 R Pastor, and Jack Engebretson Absent: John J
Walsh and Val I Vandersloot.
Elected and appointed officials present: Jack E Kirksey, Mayor; John
Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney;
Joan McCotter, City Clerk, Karen A. Szymula, Director of Legislative Affairs, Ronald
Reinke, Superintendent of Parks and Recreation, Linda McCann, Director of Community
Resources, Jim Inglis, Director of the Housing Commission, Jeff Bryant, Economic
Development Manager; and Michael Deller, City Librarian
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, * it was
#850-98 RESOLVED, that the minutes of the 1,380th Regular Meeting
of the Council of the City of Livonia, held November 4, 1998, are hereby
approved as submitted
*Councilmember Laura abstained from voting, which is recorded as a "yes" vote under
the provisions of Section 2 04 190B of the Livonia Code of Ordinances
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
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#851-98 RESOLVED, that the minutes of the 235`" Special Meeting of
the Council of the City of Livonia, held November 9, 1998, are hereby
approved as submitted
No one from the audience wished to speak during the audience
communication portion of the meeting
Councilmember Pastor reminded the viewing audience that this Saturday,
November 21, 1998, is the Holiday Parade The parade will commence at 9 00 a m at
Merriman and Plymouth Roads, ending up at Wonderland Mall on Middlebelt and
Plymouth Roads
Councilmember Brosnan also announced that this weekend is the YMCA
auction that will be held on Friday at 5 30 p m at Burton Manor She noted that only
about ten tickets were remaining and that many good items/trips were up for auction
President Engebretson announced the presence of Boy Scout Troop 270,
from Rosedale Gardens, in the audience Troop Leader Steve Boyce stated there are
about 45 boys in their troop, and those present were working on merit badges
A review of the procedures that will take place with respect to the Council
appointment to fill the unexpired term of the City Treasurer was explained by
Councilmember Brosnan She also stated that those interested in applying could obtain
a copy of this information from the City Council Office
A communication from the Engineering Division, dated November 16,
1998, re status of the Whispering Pines Site Condominium Subdivision and restoration
work in Sheffield Estates Subdivision was received and placed on file for the information
of the Council (CR 786-98)
On a motion by Duggan, seconded by Pastor, it was
#852-98 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
October 19, 1998, which bears the signature of the Director of Finance, is
reviewed by the City Attorney and approved for submission by the Mayor,
the Council does hereby accept the proposal submitted by Play
Environments, Inc , 563 College Avenue, Holland, Michigan 49423, in the
amount of$82,757 00 for supplying the Department of Parks and
Recreation with playground equipment for Bicentennial Park and Rotary
Park, FURTHER, the Council does hereby authorize the expenditure of
the sum of$82,757 00 from funds already budgeted in Account No 101-
707-974-000 for this purpose, FURTHER, the Council does hereby
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authorize the purchase of said items without competitive bidding for the
reasons indicated in the aforesaid communication, and such action is
taken in accordance Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
#853-98 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
October 23, 1998, which bears the signature of the Director of Finance, is
reviewed by the City Attorney and Director of Public Works and approved
for submission by the Mayor, with respect to a proposed extension of the
Lease Agreement with the Livonia Hockey Association for the Devonaire
Arena, the Council does hereby refer this matter to the Capital
Improvement Committee for its report and recommendation
A communication from the Department of Parks and Recreation, dated
October 26, 1998, re administrative response to CR 155-97 — subject of the feasibility
of building an all-season indoor sports complex to be paid for by user fees —was
received and placed on file for the information of the Council
#854-98 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
October 26, 1998, which bears the signature of the Director of Finance, is
reviewed by the City Attorney and approved for submission by the Mayor,
concerning the subject of the feasibility of building an all-season indoor
sports complex to be paid for by user fees, the Council does hereby
determine to take no further action with respect to this matter
#855-98 RESOLVED, that having considered the report and
recommendation of the Chairman of the Cable Television Commission,
dated October 22, 1998, which bears the signature of the Director of
Finance, is approved by the Director of Public Works and the Director of
Community Resources and is approved for submission by the Mayor, the
Council does hereby accept the bid of BAF Communications Corp , 314
Northstar Ct., Sanford, Florida 32771, in the total amount of $207,665 00
for supplying the Community Resources department with a cable TV video
production truck, the same having been in fact the lowest bid received and
meets all specifications, FURTHER, the Council does hereby authorize
the expenditure of a sum not to exceed $207,665 00 from funds already
budgeted for this purpose in Account No 297-751-985-000
#856-98 RESOLVED, that having considered the report and
recommendation of the Chairman of the Cable Television Commission,
dated October 29, 1998, which bears the signature of the Director of
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Finance, is approved by the Director of Community Resources and is
approved for submission by the Mayor, requesting authorization for the
expenditure of additional funds to utilize the current consultants previously
retained, pursuant to Council Resolution 528-97, for assisting the City in
negotiations for a new cable television franchise with Time-Warner, the
Council does hereby authorize the expenditure of a sum not to exceed
$70,000 00 for consulting services provided by the law firm of Varnum,
Riddering, Schmidt and Howlett, LLP, Bridgewater Place, P 0 Box 352,
Grand Rapids, Michigan 49501-0352, and the firm of Rice, Williams
Associates, 601 Pennsylvania Avenue, N W , Suite 900, Washington, D C
20004, from funds already budgeted for this purpose in Account No 297-
751-818-005
#857-98 RESOLVED, that having considered a communication from
the Director of the Housing Commission and the City Attorney, dated
October 9, 1998, approved for submission by the Mayor, to which is
attached a proposed lease agreement between the City of Livonia and
Nextel Communications, Inc for the lease of City-owned property
consisting of a portion of McNamara Towers No 1 roof area for a five-year
period with three successive five-year renewal periods for a monthly rate
of$1,000 00 with such monthly rental to increase by four (4%) percent per
year in connection with the installation of communications panels on the
penthouse of McNamara Towers No 1 by Nextel Communications, Inc ,
the Council does hereby authorize the Executive Director of the Housing
Commission, for and on behalf of the City of Livonia, to execute the
attached agreement in the manner and form herein submitted, as well as
to do all things necessary or incidental to the full performance of this
resolution, provided, FURTHER, that the proceeds of such lease shall be
for Housing Commission purposes
#858-98 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated October 14, 1998, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, wherein the Housing Commission has
recommended the following rental increases to become effective
December 1, 1998, with respect to the City-owned scattered site
properties as follows
Current Proposed
2 Bedroom $245 $255
29149 Morlock
20121 Floral
27545 Long
11683 Cardwell
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3 Bedroom $330 $340
11910 Cardwell
21411 Arcola
31220 Hathaway
19941 Deering
9880 Harrison
11784 Arcola
33916 Five Mile
4 Bedroom $395 $405
20120 Deering
The above rents exclude utilities
the Council does hereby concur in and approve of the recommended
action
A communication from the Livonia Housing Commission, dated October
19, 1998, re Notice of Intent to enter into contract with the U S Department of Housing
and Urban Development (HUD), Comprehensive Improvement Assistance Program
(CIAP), Modernization Project No Ml28-P055-909-98, was received and placed on file
for the information of the Council
#859-98 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 22, 1998,
approved for submission by the Mayor, regarding the establishment of a
fee schedule for Advanced Life Support (ALS) Ambulance Services for the
City of Livonia, the Council does hereby adopt the following rates for
Advanced Life Support transports
Residents $360 00
Non-residents $500 00
Mileage $ 5 00 per mile
FURTHER, the Council does hereby establish the following rates for
miscellaneous charges for Basic Life Support transports (in a manner
similar to that previously adopted in Council Resolution 639-96)
$ 50 00 for defibrillator patches
$ 75 00 for comitube when applied to a patient
$ 25 00 for the use of oxygen
El $300 00 for extricating trapped patients when tools are necessary
$ 25 00 for cervical collars
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$ 35 00 for disposable bag masks
$ 35 00 per year for subscription plan
(This annual prepayment would entitle any subscriber or
member of the subscriber's family residing at home to be
transported to an area hospital by Livonia Fire & Rescue,
their insurance would be accepted as full payment;
uninsured subscribers would not be billed beyond fee,
service would be limited to emergency transports but would
not extend to nursing homes or inter-hospital transports )
#860-98 RESOLVED, that having considered a communication from
the Department of Law, dated October 23, 1998, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, submitted pursuant to Council Resolution 316-88, and transmitting
for Council acceptance a Quit Claim Deed executed by Tony Naurato and
Lidia Veri, co-partners in Stamford Plaza, conveying to the City certain
property described as follows
The North 53 feet of the West 247 47 feet of the following described
parcel Part of the Northeast 1/4 of Section 9, T 1 S , R 9E ,
described as commencing at N 1/4 corner of said Sec 9 thence S
89D 33M 46S E 1072 79 ft along N line Sec 9 to the NE corner of
Heiman Park Subdivision, as recorded in Liber 75, Page 52 of
Wayne County Records, thence continuing S 89D 33M 46S E
277 47 ft along N line Sec 9 th S OOD 06M 44S W 53 0 ft to NW
corner of Lot 1 and the E line vacated Stamford Ave 60 0 ft wide
Seven Mile Super Highway Subdivision, as recorded in Liber 53,
Page 50, Wayne County Records, thence S OOD 06M 44S W 220 0
ft to SW corner Lot 480 th N 89D 33M 46S W 277 35 ft to E line
Heiman Park Subdivision thence N OOD 05M 10S E 273 0 ft along
E line Helman Park Subdivision to NE corner and the POB 1 7836
AC, subject to easements of record Also Lots 1-6 inclusive and
1/2 of a 20 0 ft wide vacated alley at rear and Lot 481 and the S 1/2
of a 20 0 ft wide vacated alley and Lot 480 of Seven Mile Super
Highway L53 P50, WCR
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Quit Claim Deed, 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,
including the acquisition of title insurance vis-a-vis the referenced
property, FURTHER, the Council does hereby appropriate and authorize
a sum not to exceed $200 00 from the $12 Million General Obligation
Road Bond Issue for this purpose, and FURTHER, that the Mayor and
City Clerk are authorized to execute a Quit Claim Deed conveying the
North 53 feet of the above-described property to the County of Wayne in a
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form to be approved by the Department of Law; FURTHER, the Council
having considered a communication from the Director of Finance, City
Attorney, Mayor and City Engineer to the Stamford Plaza Partnership,
dated October 9, 1998, does hereby approve the agreement with
Stamford Plaza Partnership wherein the City will pay for a private
sprinkler/landscaping company to ensure that proper measures are taken
during construction in 1999 to maintain the sprinkler system in working
condition for all undisturbed areas and to repair and replace all sprinkler
hoses and fittings, sod, and landscaping after construction is completed,
FURTHER, the Council does hereby appropriate and authorize the
expenditure of a sum not to exceed $1,000 00 from the $12 Million
General Obligation Road Bond Issue for this purpose
A communication from the Department of Law, dated October 28, 1998,
re administrative response to CR 757-98 — status of Ardmore Acres, Inc. located at
19810 Farmington Road —was received and placed on file for the information of the
Council
#861-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 20, 1998, approved for
submission by the Mayor, which transmits its resolution 10-175-98
adopted on October 13, 1998, with regard to Petition 98-10-8-32
submitted by Livonia Chrysler-Plymouth Jeep, Inc., requesting site plan
approval in connection with a proposal to construct a parking lot on
property located at 30495 Plymouth Road in the Northwest 1/4 of Section
35, pursuant to the provisions set forth in Section 18 58 of Ordinance No
543, as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 98-10-8-32 is hereby approved
and granted, subject to the following conditions
1) That the Site Plan marked Sheet C-1 prepared by Livonia Chrysler
Plymouth, as received by the Planning Commission on October 12,
1998, is hereby approved and shall be adhered to,
2) That the Landscape Plan marked Sheet C-2 prepared by Livonia
Chrysler Plymouth, as received by the Planning Commission on
October 12, 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
31324
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5) That overnight parking of vehicles on this site shall be prohibited,
two and
6) That no signage is approved with this petition All such signage
shall be separately submitted for review and approval by the
Planning Commission and City Council
#862-98 RESOLVED, that having considered a communication dated
October 28, 1998, from Michael R. Carson and Jacqueline M Reeves,
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 October 27, 1998, by the City Planning
Commission in its resolution 10-188-98 with regard to the Satellite Dish
Antenna Application submitted by Michael Carson requesting approval for
the installation of a satellite dish antenna for property located at 14855
Santa Anita Avenue in the Northeast % of Section 24, the Council does
hereby designate Wednesday, January 6, 1999, at 7 00 p m as the date
and time for conducting a public hearing with regard to this matter, such
hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, and the City Clerk is hereby requested to do all things
necessary in order to give proper notice in writing, as well as by the
publication of a notice in the City's official newspaper of such hearing and
the date and place thereof, in compliance with the requirements set forth
in Ordinance No 543, as amended, the Zoning Ordinance of the City of
Livonia
#863-98 RESOLVED, that having considered a communication from
Charles G Tangora of Brashear, Tangora and Spence, LLP, dated
October 29, 1998, 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 October 27, 1998, by the City
Planning Commission in its resolution 10-180-98 with regard to Petition
98-8-2-16 submitted by Dale T Culver d b a Culver Custom Homes
requesting waiver use approval to construct a detached condominium
project on property located on the north side of Schoolcraft Road between
Park Avenue and Fairway Drive in the Southeast 1/4 of Section 20, which
property is zoned R-2, the Council does hereby designate Wednesday,
January 6, 1999, at 7 00 p m as the date and time for conducting a public
hearing with regard to this matter, such hearing to be held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby
requested to do all things necessary in order to give proper notice in
writing, as well as by the publication of a notice in the City's official
newspaper of such hearing and the date and place thereof, in compliance
31325
with the requirements set forth in Ordinance 543, as amended, the Zoning
Ordinance of the City of Livonia
yFy:
A roll call vote was taken on the foregoing resolutions with the following result.
L.
AYES Duggan, Laura, Brosnan, Pastor, and Engebretson
NAYS None
On a motion Brosnan, seconded by Duggan, and unanimously adopted, it
was
#864-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 27, 1998,
submitted pursuant to Council Resolution 665-98, and a communication
from the City Planning Commission, dated July 27, 1998, which transmits
its resolution 7-111-98, adopted on July 14, 1998, with regard to Petition
98-6-2-11, submitted by Mt. Hope Memorial Gardens requesting waiver
use approval to erect a 6,800 sq ft. mausoleum within Mt. Hope Memorial
Gardens located on the east side of Middlebelt Road between Six Mile
Road and Pickford Avenue in the Southwest ' of Section 12, which
property is zoned AG, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 98-
6-2-11 is hereby approved and granted, subject to the following
conditions
1 That the mausoleum location shown on the Zoning and Boundary
Plan received by the Planning Department on June 22, 1998,
prepared by Brian Geer of Mannik & Smith, Inc , which is hereby
approved, shall be adhered to,
2 That the Site Plan received by the Planning Department on June
22, 1998, prepared by Brian Geer of Mannik & Smith, Inc., which is
hereby approved, shall be adhered to,
3 That the Building Elevation Plans marked Sheets AR4 and AR5
received by the Planning Department on July 9, 1998, as revised,
prepared by Baker, Bednar & Associates, Inc , which are hereby
approved, shall be adhered to,
4 That the Landscape Plan marked AS2 received by the Planning
Department on July 9, 1998, prepared by Baker, Bednar &
Associates, Inc , is hereby approved and shall be adhered to, and
shall be installed prior to final inspection and thereafter permanently
maintained in a healthy condition,
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5 That all roof top mechanical units shall be concealed from public
view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building,
6 That the gate at the south end of the maintenance building shall be
replaced, and
7 That the existing gravel area adjacent to the drive located to the
east of the maintenance building will be paved
A communication from Mannik & Smith, Inc , dated November 16, 1998,
re. bid for the new gate and the split face block to be used with regard to Petition 98-6-
2-11 (Mt. Hope Memorial Gardens) was received and placed on file for the information
of the Council.
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was.
#865-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 27, 1998,
submitted pursuant to Council Resolution 695-98, a letter from the
Michigan Liquor Control Commission, dated May 11, 1998, and a report
and recommendation from the Chief of Police, dated August 18, 1998,
approved for submission by the Mayor, the Council does hereby approve
of the request from Tweeny's Market, Inc. for transfer of ownership of a
1998 SDD-SDM licensed business from Tweeny's Pizza & Liquor, Inc for
a business located at 19191 Merriman, Livonia, Michigan, Wayne County;
and the City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
it was
#866-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 27, 1998,
submitted pursuant to Council Resolution 656-98, and a communication
from the City Planning Commission, dated August 6, 1998, which
transmits its resolution 7-123-98 adopted on July 28, 1998, with regard to
Petition 98-7-8-22 submitted by Terry Welker on behalf of Eternal Tattoos,
requesting site plan approval in connection with a proposal to construct an
31327
addition to the existing commercial building located at 27590 Plymouth
Road in the Southeast 1/4 of Section 25, pursuant to the provisions set
forth in Section 18 58 of Ordinance No 543, as amended, the Council
does hereby concur in the recommendation of the Planning Commission
and Petition 98-7-8-22 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan submitted by Terry Welker, as received by the
Planning Commission on June 19, 1998, is hereby approved and
shall be adhered to,
2 That the Exterior Building Elevation Plan submitted by Terry
Welker, as received by the Planning Commission on June 19,
1998, is hereby approved and shall be adhered to,
3 That the building materials of the new addition shall match the
building materials of the existing building so that upon completion
the entire structure shall look as if it were constructed at one time,
4 That the petitioner shall meet to the Inspection Department's
satisfaction the following requirements as outlined in the
correspondence dated July 21, 1998
a that the landscaping in the right-of-way and around the
monument sign shall be completed,
b that the existing dumpster shall be relocated and screened
with cement block;
c that the parking lot shall be re-striped with double striping,
and
d that the rear wall of the addition shall be of fireproof
construction with no windows or openings
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was.
#867-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 28, 1998, submitted pursuant to Council Resolution 634-98, and a
communication from the City Planning Commission, dated September 16,
1998, which transmits its resolution 9-145-98 adopted on September 15,
1998, with regard to Petition 98-7-3-4, submitted by Cliff M Alcantara,
requesting the vacating of a certain portion of the Harrison Avenue right-
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of-way located north of Six Mile Road adjacent to 28046 Six Mile Road,
the Council does hereby concur in the recommendation of the City
Planning Commission and does grant and approve the said Petition 98-7-
3-4, subject to the retention of a full width easement to protect existing
public utilities, and the Department of Law is hereby requested to prepare
the necessary vacating ordinance in accordance with this resolution
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#868-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 28, 1998, submitted pursuant to Council Resolution 634-98, and a
communication from the City Planning Commission, dated September 16,
1998, which transmits its resolution 9-145-98 adopted on September 15,
1998, with regard to Petition 98-7-3-4, submitted by Cliff M Alcantara,
requesting the vacating of a certain portion of the Harrison Avenue right-
of-way located north of Six Mile Road adjacent to 28046 Six Mile Road,
the Council does hereby refer the matter of establishing a fee structure to
recoup the administrative costs of vacating easements to the Department
of Law for its report and recommendation
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
#869-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 28, 1998, submitted pursuant to Council Resolution 636-98, with
regard to Petition 98-7-3-5, submitted by William and Lisa Flinchum, dated
July 21, 1998, wherein a request is submitted for the vacating of a certain
portion of the Oporto Avenue right-of-way adjacent to the property located
at 30063 Morlock, the Council does hereby determine to take no further
action with respect to this matter
A Progress Report on the Pavement Management System for the City of
Livonia, prepared by Toby Crow, ERES, dated October 27, 1998, was received and
placed on file for the information of the Council (CR 600-90 and CR 786-97)
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
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#870-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 28, 1998, submitted pursuant to Council Resolutions 600-90 and
786-97, regarding the topic of establishing a program for street
replacement and/or repair, the Council does hereby refer the matter of an
analysis for alternative financing for roads to the Department of Public
Works and the Department of Finance, such report and recommendation
to be completed prior to the Streets, Roads and Plats Committee meeting
of January 26, 1999
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was.
#871-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 28, 1998, submitted pursuant to Council Resolutions 600-90 and
786-97, regarding the topic of establishing a program for street
replacement and/or repair, the Council does hereby refer the matter of
alternative financing for roads to the administration to prepare a report to
the public for release in or about February, 1999
At the direction of the Chair, the next Agenda item pertaining to the
subject of the site plan review of curb cuts and driveways only with respect to the lot
split requested by Kim Haveraneck for Tax Item No 46-047-99-0001-000, located north
of Six Mile and east of Middlebelt, for property located at 18120 Middlebelt, was
rescheduled to the Regular Meeting of December 7, 1998 (CR 764-98)
A communication from Kim Haveraneck, dated November 10, 1998,
requesting a postponement of the review of the site plan with respect to property
located at 18120 Middlebelt was received and placed on file for the information of the
Council (CR 764-98)
On a motion by Laura, seconded by Brosnan, and unanimously adopted, it
was
#872-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 28, 1998, submitted pursuant to Council Resolution 781-97, and a
communication from the City Planning Commission, dated January 28,
1998, which sets forth its resolution 1-10-98 adopted on January 27, 1998,
with regard to Petition 97-12-6-8, submitted by the City Planning
31330
Commission, pursuant to Council Resolution 518-97, to determine
whether or not to amend the RUF district and to add a new zoning district
to be known as SE (Suburban Estates) for the purpose of providing for the
preservation of larger residential lots, and the Council having conducted a
public hearing with regard to this matter on March 30, 1998, pursuant to
Council Resolution 115-98, the Council does hereby determine to take no
further action with respect to this matter
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
it was
#873-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 2,
1998, submitted pursuant to Council Resolution 769-98, and a
communication from the City Planning Commission, dated September 16,
1998, which transmits its resolution 9-142-98, adopted on September 15,
1998, with regard to Petition 98-8-2-15, submitted by Michael Palazzolo
requesting waiver use approval to construct a car repair facility on
property located on the south side of Plymouth Road between Farmington
and Stark Roads in the Northeast 1/4 of Section 33, which property is
zoned C-2, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 98-8-2-15 is hereby
approved and granted, subject to the following conditions
1 That the Site Plan, as revised, marked Sheet 1 of 2 prepared by
ARC Design Services, Inc , dated November 11, 1998, is hereby
approved and shall be adhered to,
2 That the Exterior Building Elevation Plan, as revised, marked Sheet
2 of 2 prepared by ARC Design Services, Inc , dated November 11,
1998, is hereby approved and shall be adhered to,
3 That the landscaping shown on the Site Plan is hereby approved
except that the number of evergreen trees in the area immediately
south of the rear parking lot shall be increased from four to eight
trees, and all plant materials shall be installed to the satisfaction of
the Inspection Department and thereafter permanently maintained
in a healthy condition,
4 That all disturbed lawn areas, both on-site and between the site
and roadway in the Plymouth Road right-of-way, shall be sodded in
lieu of hydroseeding,
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5 That the dumpster enclosure shall be in accordance with the detail
on the Site Plan, and the gates shall be maintained and, when not
in use, closed at all times,
6 That all light fixtures as shown on the Site Plan details shall be
shielded from adjacent properties, and all light standards shall not
exceed 20 feet in height;
7 That the Ground Sign shown on the Site Plan detail is hereby
approved,
8 That the Wall Sign shown on the revised Exterior Building Elevation
Plan, dated November 11, 1998, is hereby approved,
9 That there shall be no overnight outdoor parking or storage of
vehicles on the site, and
10 That any references in the Building Elevation Plans to brick veneer
shall mean full-face 4" brick.
Mike Palazzolo, 31900 Utica Road, Fraser, MI —was present to answer Council
questions
A communication from Walter J Smerecki, tax collector for the Treasurer's
Office, dated October 30, 1998, re payment history of The Brake Shop, located at
11729 Merriman, was received and placed on file for the information of the Council
(CR 769-98)
The new Building Elevation Plan, revised November 2, 1998, re
illustrating new building materials with respect to Petition 98-8-2-15 was received and
placed on file for the information of the Council (CR 769-98)
A communication from Michael Palazzolo, The Brake Shop, dated
November 17, 1998, re the revised plans dated November 11, 1998, with respect to
Petition 98-8-2-15 was received and placed on file for the information of the Council
On a motion by Pastor, seconded by Duggan, and unanimously adopted,
I
it was
31332
#874-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 2,
1998, submitted pursuant to Council Resolution 828-97, and a letter from
the Michigan Liquor Control Commission, dated May 13, 1997, and a
report and recommendation from the Chief of Police, dated September 17,
1997, approved for submission by the Mayor, regarding a request from
Am, Inc for a new Outdoor Service Permit to be held in conjunction with a
1997 Class C licensed business with Dance-Entertainment Permit located
at 11791 Farmington Road, Livonia, Michigan 48150, Wayne County, the
Council does hereby determine to take no further action with respect to
this matter
Laura gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 25 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 98-6-1-9)
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
Laura invoked the Emergency Clause and gave second reading to the
foregoing Ordinance
Marvin Walkon, the petitioner, thanked everyone who spent time on the Millennium Park
project.
Mayor Kirksey expressed gratitude to the principals of Millennium Park and spoke to
Ladbroke as having been a good corporate citizen in Livonia for almost 50 years
Council President Engebretson relinquished the Chair at 8 45 p m to Councilmember
Brosnan to speak to how Millennium Park came about and the need to remember the
people at Ladbroke who lost their jobs
A roll call vote was then taken thereon with the following result:
AYES Duggan, Laura, Engebretson, Pastor, and Brosnan
NAYS None
31333
Councilmember Brosnan declared the foregoing Ordinance duly adopted, and would
become effective on publication
The President resumed the Chair at 8 53 p m
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#875-98 RESOLVED, that having considered a communication from
the City Assessor, dated October 12, 1998, approved for submission by
the Mayor, with regard to a request from Craig Nosel, 32304 Wisconsin,
Livonia, Michigan 48150, to divide Tax Item No 46-041-01-0050-000 into
three (3) parcels, the Council does hereby refer this matter to the Streets,
Roads and Plats Committee for its report and recommendation
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#876-98 RESOLVED, that having considered a communication from
the City Assessor, dated October 12, 1998, approved for submission by
the Mayor, with regard to a request from James Baker, 35564 Schoolcraft,
Livonia, Michigan 48150, to divide Tax Item No 46-080-99-0010-000 into
two (2) parcels, the Council does hereby refer this matter to the
Committee of the Whole for its report and recommendation
A communication from James Baker, 35564 Schoolcraft, Livonia, Michigan
48150, dated November 12, 1998, re intended use for the requested lot split at 35564
Schoolcraft Road was received and placed on file for the information of the Council
A communication from the Department of Law, dated November 2, 1998,
re administrative response to CR 691-98 — appraisal for the possible sale of City-
owned property located at 12313 Stark Road —was received and placed on file for the
information of the Council
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
31334
#877-98 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated November 2, 1998,
approved for submission by the Mayor, submitted pursuant to Council
taw Resolution 691-98, the Council does hereby request that, in accordance
with Council Resolution 300-88, the City-owned property located at 12313
Stark Road ( 35 acres, Sidwell No 111-99-0005-001) be posted with a
"For Sale" sign for 30 days prior to taking bids, and that the Director of
Finance prepare specifications and obtain competitive bids with a
minimum purchase price of$48,000 00 (with no restrictive covenants)
accompanied by a deposit in the form of a money order or certified check
which is equal to five percent of the bid price or $500 00, whichever is
greater, and in the event of a default, the deposit is subject to forfeiture or
liquidated damages, and all competitive bids shall thereafter be submitted
to the Council for consideration
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was.
#878-98 RESOLVED, that having considered a request from
Councilmember Brian Duggan, the Council does hereby refer the subject
of the formation of a City policy of payment for appraisals relative to the
sale of City-owned property to the Legislative Committee for its report and
recommendation
On a motion by Brosnan, seconded by Laura, it was
#879-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 16, 1998, which transmits
its resolution 10-173-98, adopted on October 13, 1998, with regard to a
Sign Permit Application submitted by Collins Signs, on behalf of
AmeriSuites, requesting approval to erect wall signage for the hotel
located at 19300 Haggerty Road in the Southwest 1/4 of Section 6, the
Council does hereby concur in the recommendation of the Planning
Commission and approves the said Sign Permit Application, subject to the
following conditions
1 That the Sign Package submitted by Collins Signs, as received by
the Planning Commission on September 22, 1998, is hereby
approved and shall be adhered to, except for the fact that the
signage for the north and south elevations shall only read
"AmeriSuites" and not include the graphic "A", and
2 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
31335
A roll call vote was taken on the foregoing resolution with the following result.
AYES Duggan, Laura, Brosnan, and Engebretson
NAYS Pastor
The President declared the resolution adopted
Duggan left the podium at 8 58 p m due to a conflict of interest with respect to the next
agenda item
On a motion by Laura, seconded by Pastor, it was
#880-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 21, 1998, which transmits
its resolution 10-177-98 adopted on October 13, 1998, with regard to the
Subdivision Entrance Marker and Landscape Plan in connection with
Cross Winds Estates Subdivision located on the west side of Farmington
Road between Seven Mile Road and Norfolk Avenue in the Northeast 1/4 of
Section 4, the Council does hereby concur in the recommendation of the
Planning Commission and the Subdivision Entrance Marker and
Landscape Plan are hereby approved and granted, subject to the following
conditions
1 That the Landscape and Entrance Marker Plan, as received by the
Planning Commission on September 28, 1998, is hereby approved
and shall be adhered to,
2 That the brick used in the construction of the sign shall be full-face
four (4") inch brick, no exceptions, and
3 That this approval is subject to the applicant being granted a
variance by the Zoning Board of Appeals for deficient setback and
any conditions related thereto
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Pastor, and Engebretson
NAYS None
The President declared the resolution adopted
Duggan returned to the podium at 8 59 p m
3133,
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
#881-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 16, 1998, which transmits
its resolution 10-172-98, adopted on October 13, 1998, with regard to
Petition 98-9-2-20, submitted by Buca di Beppo requesting waiver use
approval to construct a full service restaurant on property located on the
north side of Six Mile Road between the 1-275 Expressway and Fox Drive
in the Southwest % 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 98-9-2-20 is hereby approved and granted
(except that condition #4 regarding the Exterior Elevations Plan shall not
be approved at this time, and shall be reviewed at a later date by the City
Council), subject to the following conditions
1 That the Site Plan marked Sheet 1 of 2 of Job No 98072 prepared
by Arpee/Donnan, Inc , with a revision date of September 23, 1998,
is hereby approved and shall be adhered to,
2 That the Landscape Plan of Job No 98072 prepared by
Arpee/Donnan, Inc , with a revision date of October 5, 1998, is
hereby approved and shall be adhered to,
3 That the maximum number of customer seats to be provided is 246
seats,
4 That the Exterior Elevations Plan marked Sheet A6 1 prepared by
Shea Architects, Inc., dated October 9, 1998, is hereby approved
and shall be adhered to, except that the brick wainscot shown on
portion of the east, north and west elevations of the building shall
be 6 feet in height above grade level (rather than 4 feet as shown
on the plan),
5 That the brick used in the construction of the building shall be full-
face four (4") inch brick, no exceptions,
6 That screening for roof top mechanical units shall be provided as
shown on the Roof Plan marked Sheet L1 1 prepared by Shea
Architects, Inc , dated September 16, 1998, and shall consist of 5
foot high parapet walls and 5 foot high screen walls that will
enclose and conceal these units,
7 That the wall signage shown on the Wall Sign Plan marked Sheet 1
of 2 of Job No 98948 prepared by Federal Sign Corporation, with a
31337
revision date of September 25, 1998, is hereby approved and shall
8 be adhered to,
That the ground signage shown on the Ground Sign Plan marked
Sheet 2 of 2 of Job No 98948 prepared by Federal Sign
Corporation, dated September 22, 1998, is hereby approved and
shall be adhered to,
9 That all signage for this restaurant shall not be illuminated beyond
one hour after closing,
10 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval, and
11 That the elimination of the required protective wall along the
westerly property line is subject to the Zoning Board of Appeals
granting a waiver of the wall requirement.
Loretta Reeves, 3253 Mountain View Road, Lenoir City, Tennessee, representing Buca
di Beppo, spoke to the building elevations
A communication from Arpee/Donnan Inc., dated November 13, 1998, re
proposed retaining wall between the Union Cemetery and Buca di Beppo restaurant
was received and placed on file for the information of the Council
A communication from John B Carlin, Jr , Plunkett & Cooney, dated
November 13, 1998, re additional information with respect to Petition 98-9-2-20 (Buca
di Beppo) was received and placed on file for the information of the Council
A communication from the Historic Preservation Commission, dated
November 15, 1998, re indicating their approval of the revised site plan with respect to
the Buca di Beppo restaurant (Petition 98-9-2-20) was received and placed on file for
the information of the Council
The Landscape Plan prepared by Arpee/Donnan Inc., as revised on
November 9, 1998, re Buca di Beppo restaurant was received and placed on file for
the information of the Council
31333
On a motion by Pastor, seconded by Laura, and unanimously adopted, it
was
#882-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 20, 1998, which transmits
its resolution 10-174-98 adopted on October 13, 1998, with regard to
Petition 98-10-8-31 submitted by Jerry R. Brady, Sr , on behalf of Arbor
Drugs, requesting site plan approval in connection with a proposal to
construct a commercial building on property located at 33400 Six Mile
Road in the Southeast 1/4 of Section 9, pursuant to the provisions set forth
in Section 18 58 of Ordinance No 543, as amended, as well as a
subsequent communication from Brady & Co Ltd , dated November 18,
1998, withdrawing their request for site plan approval, the Council does
hereby determine to take no further action with respect to this matter
A communication from Brady & Co Ltd , dated November 18, 1998, re
withdrawing their request for site plan approval to construct an Arbor Drugs store at
33400 Six Mile Road (Petition 98-10-8-31) was received and placed on file for the
information of the Council
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#883-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 30, 1998, which transmits
its resolution 10-185-98 adopted on October 27, 1998, with regard to
Petition 98-10-8-33 submitted by River Pines Development, Inc.,
requesting approval of the Master Deed, bylaws and site plan in
connection with a proposal to construct the River Pines Site
Condominiums on property located at 34825 Seven Mile Road in the
Northwest % of Section 9, pursuant to the provisions set forth in Section
18 62 of Ordinance No 543, as amended, the Council does hereby refer
this matter to the Streets, Roads and Plats Committee for its report and
recommendation
A communication from the Director of Legislative Affairs, dated November
18, 1998, re Petition 98-10-8-33 by River Pines Development, Inc , was received and
placed on file for the information of the Council
31339
A communication from the Department of Law, dated November 16, 1998,
re size and brick restrictions for recently approved and pending condominium site
plans/master deeds was received and placed on file for the information of the Council
(Petition 98-10-8-33)
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#884-98 RESOLVED, that having considered 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 % of Section 9, pursuant to the
provisions set forth in Section 18 62 of Ordinance No 543, as amended,
the Council does hereby refer this matter to the Streets, Roads and Plats
Committee for its report and recommendation
A communication from the Department of Law, dated November 16, 1998,
re size and brick restrictions for recently approved and pending condominium site
plans/master deeds was received and placed on file for the information of the Council
(Petition 98-9-8-28 — Laurel Village Site Condominiums)
A resolution from the Zoning Board of Appeals' meeting of November 17,
1998, re denying the request for a variance (deficient lot area) for William Ditzhazy
was received and placed on file for the information of the Council (Petition 98-9-8-28)
A communication from William M Ditzhazy, dated November 18, 1998, re
asking the Council to table Petition 98-9-8-28, as he will be resubmitting a revised
request, was received and placed on file for the information of the Council
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
it was
31340
#885-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 12, 1998, which sets forth its
resolution 8-127-98, adopted on August 11, 1998, with regard to Petition
98-7-1-14, submitted by Dale and Sylvia Bowerman, for a change of
zoning of property located on the south side of Ann Arbor Trail between
Dowling Avenue and Newburgh Road in the Southwest 1/4 of Section 32,
from R-1 to RC, and the Council having conducted a public hearing with
regard to this matter on October 26, 1998, pursuant to Council Resolution
655-98, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 98-7-1-14 is hereby denied for the
following reasons
1 That the proposed change of zoning is incompatible to the
surrounding single family uses and zoning districts in the area,
2 That the proposed change of zoning will provide for an
unacceptable increase in density in the area, and
3 That the proposed change of zoning is not consistent with the
predominately single family residential character of the area
Jane Stewart, 36532 Dowling, Livonia, spoke in opposition to the rezoning requested in
Petition 98-7-1-14 and submitted a petition with 46 signatures also opposing
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#886-98 RESOLVED, that having considered a communication from
the City Librarian, dated October 19, 1998, 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 various gifts
and cash donations, in the total amount of$1,704 95, from the sources
indicated therein for use by the Livonia Public Library as indicated in the
aforesaid communication, FURTHER, the Council does hereby
appropriate and credit the amount of$1,704 95 to Account No
702-000-285-271 for the purposes as designated by the donors
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#887-98 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
31341
On a motion by Brosnan, seconded by Duggan, it was
#888-98 RESOLVED, that having considered a communication from
the Department of Law, dated November 12, 1998, approved for
submission by the Mayor, the Council does hereby, by a two-thirds roll call
vote in accordance with Section 7(1) of the Open Meetings Act, direct that
a closed Committee of the Whole meeting be held Monday, November 30,
1998, immediately following the 7 00 p m public hearings, for the
purposes of discussing litigation matters and attorney/client privileged
communications in connection with pending litigation regarding Citizens
Insurance Co./Busard v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Brosnan, Pastor, and Engebretson
NAYS None
The President declared the resolution adopted
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was.
#889-98 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated September 25, 1998, and the
report and recommendation of the Chief of Police, dated November 16,
1998, in connection therewith, approved for submission by the Mayor, the
Council does hereby determine that it has no objection to and does
recommend approval of the request from Busch's, Inc. for a new SDM
license with on-premise food service seating to be located at 37083 Six
Mile Road, Livonia, Michigan 48152, Wayne County; and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
Dan Courser, 15333 Treeside Court, Ann Arbor - thanked the Council for their
assistance in approving the foregoing liquor license, and invited everyone to attend their
open house on December 3, 1998 from 5 00 p m to 8 00 p m
On a motion by Laura, seconded by Pastor, it was
#890-98 RESOLVED, that having considered a communication from
the Department of Law, dated November 17, 1998, approved for
submission by the Mayor, the Council does hereby, by a two-thirds roll call
vote in accordance with Section 7(1) of the Open Meetings Act, direct that
a closed Committee of the Whole meeting be held Monday, November 23,
31342
1998, immediately following the 8 00 p m Study Meeting and continuing
Monday, November 30, 1998, immediately following the 7 00 p m public
hearings and Closed Committee of the Whole meeting with respect to
Citizens Insurance Co./Busard v City of Livonia for the purposes of
discussing pending litigation matters and attorney/client privileged
communications relative to the Tandy Corporation v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Brosnan, Pastor, and Engebretson
NAYS None
The President declared the resolution adopted
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#891-98 RESOLVED, that the Council does hereby rescind CR 760-
98 in connection with the establishment of a public hearing date for
Petition 98-8-8-26, submitted by Promus Hotel Corporation, on behalf of
Homewood Suites, to construct a hotel on property located at 19660
Haggerty Road
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was.
#892-98 RESOLVED, that the Council does hereby refer to the
Committee of the Whole for its report and recommendation the matter of
establishing a new public hearing date with respect to Petition 98-8-8-26,
submitted by Promus Hotel Corporation, on behalf of Homewood Suites,
to construct a hotel on property located at 19660 Haggerty Road
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#893-98 RESOLVED, that the Council does hereby rescind CR 761-
98 in connection with the establishment of a public hearing date for
Petition 98-8-8-27, submitted by Homestead Village, Inc , on behalf of
Homestead Hotel, to construct a hotel on property located at 19640
Haggerty Road
31343
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#894-98 RESOLVED, that the Council does hereby refer to the
Committee of the Whole for its report and recommendation the matter of
establishing a new public hearing date with respect to Petition 98-8-8-27,
submitted by Homestead Village, Inc., on behalf of Homestead Hotel, to
construct a hotel on property located at 19640 Haggerty Road
No one wished to speak during the audience communication portion of the
meeting
Councilmember Pastor reiterated his reminder of the upcoming Holiday
Parade, and expressed his hope that the Walsh's baby was delivered this evening
President Engebretson also expressed his hope that the Walsh's had a
safe and healthy birth of their expected second child, and thanked the City Channel 8
volunteers for all their efforts
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
this 1,381st Regular Meeting of the Council of the City of Livonia was adjourned at 9•33
p m , November 18, 1998
•
•
n7926 4 `
J. n McCotter, City Clerk