HomeMy WebLinkAboutCOUNCIL MINUTES 1998-09-09 31186
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SEVENTY-SIXTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On September 9, 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 Laura delivered the invocation
Roll was called with the following result: Joe Laura, Maureen Miller
Brosnan, John J Walsh, Val I Vandersloot, John R. Pastor, and Jack Engebretson
Absent: Brian Duggan (on City business)
Elected and appointed officials present: Jack E Kirksey, Mayor; Scott
Miller, Planner II, Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney;
Joan McCotter, City Clerk, Karen A. Szymula, Director of Legislative Affairs, John
Fegan, Director of Inspection, Linda McCann, Director of Community Resources, Jeff
Bryant, Economic Development Manager; Laura M Toy, City Treasurer; and Ian
Wilshaw, Traffic Commission.
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#671-98 RESOLVED, that the minutes of the 1,375th Regular
Meeting of the Council of the City of Livonia, held August 24, 1998, are
hereby approved as submitted
During audience communication, Melanie Meenen, 15908 Gary Lane,
addressed the issue of ADA compliance for handicapped persons and the stadium
seating proposed for the new AMC megaplex theater Councilmember Laura requested
a letter be sent by the administration to Jonna Companies and to AMC Theaters with
respect to this issue
Councilmember Pastor announced that this morning fellow Jaycee Matt
Boitos was discovered to have a brain hemorrhage, and was now in St. Mary Hospital
He put a call out to fellow Jaycees to say a prayer for Matt.
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A communication from the Department of Finance, dated August 20,
1998, re forwarding various financial statements of the City of Livonia for the month
ending July 31, 1998, was received and placed on file for the information of the
Council
A communication from the Engineering Division, dated September 3,
1998, re status report on the Pines of Winfield Subdivision and restoration work in
Sheffield Estates Subdivision was received and placed on file for the information of the
Council
On a motion by Brosnan, seconded by Pastor, it was
#672-98 RESOLVED, that having considered an application from
Rose Brokaw, 30121 Mason, dated August 13, 1998, requesting
permission to close Mason Street between Melvin and Doris on Saturday,
September 12, 1998, from 12 00 p m to 1000 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, September 13, 1998, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#673-98 RESOLVED, that having considered an application from
Brenda Lefevre, 18362 Glastonbury Drive (Caliburn Manor), dated
August 18, 1998, requesting permission to close Glastonbury Drive
between Caliburn and Glengary on Saturday, September 19, 1998, from
2 00 p m. to 1000 p m for the purpose of conducting a block party, the
Council does hereby grant permission as requested, including therein
permission to conduct the said affair on Sunday, September 20, 1998, in
the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
#674-98 RESOLVED, that having considered an application from
Tracy A. Bauman, 13979 Hubbard, dated August 20, 1998, requesting
permission to close Hubbard Street between Scone and Perth on
Saturday, September 26, 1998, from 1 00 p m to 7 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Sunday, September 27, 1998, in the event of inclement weather,
the action taken herein being made subject to the approval of the Police
Department.
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#675-98 RESOLVED, that having considered a letter from Jeffry A.
Campeau, representing the Livonia Jaycees, dated August 17, 1998,
which requests permission to place 24" x 36" signs announcing the
Livonia Jaycees Annual Haunted House, which signs shall be installed on
October 7, 1998, at the following intersections
Eight Mile and Merriman (Southwest)
Seven Mile and Middlebelt (Northeast)
Grand River and Inkster (Northwest)
Six Mile and Inkster (Southwest)
Schoolcraft and Inkster (Northwest)
Plymouth and Inkster (Southwest)
Joy and Inkster (Northwest)
Joy and Merriman (Northeast)
Schoolcraft and Merriman (Northeast)
Schoolcraft and Middlebelt (Northeast)
Plymouth and Middlebelt (Northeast)
Joy and Newburgh (Northeast)
Plymouth and Newburgh (Northeast)
Six Mile and Newburgh (Northeast)
Five Mile and Levan (Northwest)
Schoolcraft and Levan (Northeast)
Five Mile and Farmington (Southeast)
Six Mile and Farmington (Northwest)
Seven Mile and Farmington (Northeast)
and all signs to be removed no later than November 1, 1998, the Council
does hereby grant and approve this request with the understanding that
no more than nineteen (19) signs shall be installed
#676-98 RESOLVED, that having considered a letter from Jane
Soltesz, President of the Livonia Historical Society, dated August 14,
1998, and a subsequent letter dated August 22, 1998, which request
permission to place two banner signs (7' x 3' and 5' x 3') and twenty 25" x
15" signs announcing the Flea Market to be held September 20, 1998, at
Greenmead, which signs shall be installed on September 11, 1998, at the
following intersections
Newburgh and Eight Mile, SE and SW corners
Newburgh and Seven Mile, NE, NW, SE and SW corners
Newburgh and Six Mile, NE, NW, SE and SW corners
Newburgh and Five Mile, NE, NW, SE and SW corners
Newburgh and Plymouth Road, NE, NW, SE and SW corners
Farmington Road and Eight Mile, SE and SW corners
and all signs to be removed no later than September 20, 1998, the
Council does hereby grant and approve this request in the manner and
form herein submitted
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#677-98 RESOLVED, that having considered a communication from
the City Assessor, dated August 13, 1998, approved for submission by
the Mayor, with regard to a request from Paschalis and Karen Mazaris,
33801 Sleepy Hollow, Livonia, Michigan 48150, and in accordance with
the provisions of 1967 PA 288, as amended, as well as Section 18 46 of
Ordinance 543, as amended, the Council does hereby approve of the
proposed division of Tax Item No 46 132 06 0010 000 into two (2)
parcels, the legal descriptions of which shall read as follows
PARCEL A.
Lot 11 except the westerly part measuring 10 11 ft. on the north lot line
and 10 7 ft. on the southwest lot line, Sleepy Hollow Estates, a
Subdivision of the S E 1/4 of Section 33, T 1 S, R 9 E, City of Livonia,
Wayne County, Michigan Plat recorded in Liber 80, Pages 33-34,
W C R. Subject to easements and restrictions of record
PARCEL B.
Lot 10, Sleepy Hollow Estates, a Subdivision of the S E 1/4 of Section
33, T 1 S, R 9 E, City of Livonia, Wayne County, Michigan Plat recorded
in Liber 80, Pages 33-34, W C R. Subject to easements and restrictions
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 this
approval is contingent upon the petitioner obtaining a variance from the
Zoning Board of Appeals to allow for a front yard setback as allowed in R-
1 zoning districts
A communication from the Traffic Commission, dated August 18, 1998, re
administrative response to CR 194-98, 451-98 and 509-98, respectively - installation of
a traffic light at the intersection of Mayfield and Seven Mile Road (or immediate
vicinity), installation of two (2) stop signs at Western Golf Drive/Western Golf Court;
and installation of a traffic signal at the intersection of Seven Mile and North Roads -
was received and placed on file for the information of the Council
#678-98 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 7, 1998, which bears
the signature of the Director of Finance, is approved by the City Attorney
and is approved for submission by the Mayor Pro Tem, and to which is
attached a proposed amendment to the subcontract agreement between
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the City of Livonia and Growth Works, Inc., previously authorized by
Council Resolution 892-97, which amendment would extend the
agreement through September 30, 1998, and provide that the County of
Wayne will reimburse the City of Livonia for Youth Assistance Program
costs up to a maximum of $38,000 00, the Council does, for and on behalf
of the City of Livonia, authorize the Mayor and City Clerk to execute the
said amendment in the manner and form herein submitted, subject to
approval as to form by the Department of Law
A communication from the Division of Police, dated August 6, 1998, re
administrative response to CR 460-98 - increasing enforcement of parking and driving
on the Merriman Road right-of-way adjacent to George's Livonia Gardens -was
received and placed on file for the information of the Council
#679-98 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, received in the Office of the City
Clerk on April 23, 1998, and a report and recommendation from the Chief
of Police, dated August 12, 1998, approved for submission by the Mayor,
the Council does hereby approve of the request from Rite Aid of
Michigan, Inc. for transfer of ownership of a 1997 SDD-SDM licensed
;;. business with Sunday Sales Permit, together with a request for a new
drive-up window, from Perry Drug Stores, Inc. and to transfer location
from 37367 Six Mile to 37399 Six Mile, 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
#680-98 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 18, 1998, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, is approved as to form by the City Attorney, and is
approved for submission by the Mayor, to which is attached a contract
between the Michigan Department of Transportation, Wayne County, and
the City of Livonia, for the improvement of Five Mile Road from 1-275 to
Levan Road, the Council does hereby authorize the Mayor and City Clerk,
for and on behalf of the City of Livonia, to execute this contract in the
manner and form herein submitted; FURTHER, the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$75,186 00 from the $12 Million General Obligation Road Bond Issue for
the City's estimated share of this project; and the City Clerk is hereby
requested to forward a certified copy of this resolution, together with the
signed contract, to the Wayne County Department of Public Services,
Division of Engineering
#681-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 12, 1998, which transmits its
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resolution 7-121-98, adopted on July 28, 1998, with regard to a Sign
Permit Application, submitted by Pentagon Properties Limited
Partnership, requesting approval to erect signage for property located at
19500 Haggerty Road in the Southwest 1/4 of Section 6, the Council does
hereby concur, in part, 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 Pentagon Properties Limited
Partnership, as received by the Planning Commission on June 24,
1998, is hereby approved and shall be adhered to, except for the
following;
• that the M-1 business center sign shall not exceed 8 feet in
height;
• that the conditions imposed and variances granted by the
Zoning Board of Appeals at its meeting of June 9, 1998,
shall be adhered to,
2 That all signage for this development shall not be illuminated
beyond one hour after the last business closes, and
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
#682-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 17, 1998, which transmits its
resolution 8-131-98, adopted on August 11, 1998, with regard to a Sign
Permit Application, submitted by Intercity Neon on behalf of First Federal
of Michigan, requesting approval to erect signage for the bank located at
37307 Six Mile Road in the Northwest 1/4 of Section 17, 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 Intercity Neon Sign Company,
as received by the Planning Commission on July 28, 1998, is
hereby approved and shall be adhered to,
2 That all signage for this bank branch shall not be illuminated
beyond one hour after closing with the exception of the ATM
machine, and
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
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#683-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 12, 1998, which transmits its
resolution 8-128-98, adopted on August 11, 1998, with regard to Petition
98-7-2-13, submitted by Stuart Frankel on behalf of Newburgh Plaza
requesting waiver use approval to operate a full service restaurant within
an existing building (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 98-7-2-13 is hereby approved and granted,
subject to a limitation on the maximum number of customer seats to be
provided in the restaurant of 116 seats.
#684-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 17, 1998, which transmits its
resolution 8-130-98, adopted on August 11, 1998, with regard to the
proposed revised and expanded preliminary plat for Cross Winds Estates
Subdivision to be located on the west side of Farmington Road, south of
Norfolk Avenue, in the Northeast 1/4 of Section 4, City of Livonia, Wayne
County, Michigan, and the revised and expanded preliminary plat having
been approved by the City Planning Commission on August 11, 1998, the
Council does hereby approve of the said revised and expanded
preliminary plat based upon the same conditions as those set forth in the
aforesaid Planning Commission action and subject to the receipt of a
report and recommendation by the City Engineer relative to the
development plans and specifications for the improvements herein, and
the financial assurances guaranteeing the satisfactory installation of such
improvements, FURTHER, the Council does hereby waive the open
space requirement of the Subdivision Rules and Regulations
#685-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 17, 1998, which transmits its
resolution 8-132-98 adopted on August 11, 1998, with regard to Petition
98-8-8-24 submitted by John T Campo & Associates, on behalf of the
Holiday Inn, requesting site plan approval in connection with a proposal to
renovate the exterior of the hotel and nightclub located at 17123 Laurel
Park Drive in the Southeast 1/4 of Section 7, 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 98-8-8-24 is hereby approved and granted, subject to the
following conditions
1 That the Exterior Building Elevation Plans marked Sheet A-3 0 and
#r. A-3 1 prepared by John T Campo & Associates, as received by the
Planning Commission on July 21, 1998, are hereby approved and
shall be adhered to,
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2 That the three pages of color renderings showing the existing and
proposed conditions of the Exterior Building Elevations prepared
by Campo Architects, as received by the Planning Commission on
July 21, 1998, are hereby approved and shall be adhered to,
3 That the petitioner shall meet to the Inspection Department's
satisfaction all exterior renovations as outlined in a letter dated
July 16, 1998, from John T Campo & Associates, Inc., and
4 That a hard coat system shall be placed on the bottom portion of
the columns
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Brosnan, Walsh, Vandersloot, Pastor, and Engebretson.
NAYS None
The reports submitted by AT&T entitled "Wireless Services - Questions &
Answers" and "Wireless in your Community -A Question-and-Answer Handbook" were
received and placed on file for the information of the Council (CR 486-98)
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#686-98 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated August 18,
1998, submitted pursuant to Council Resolution 326-97, and the report
and recommendation of the Director of Public Works - Engineering
Division, dated April 7, 1997, approved as to form by the City Attorney
and approved for submission by the Mayor, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the attached Underground Easement (Right-of-Way)
No RFW 65883, which would grant an easement to the Detroit Edison
Company across the following described City-owned property
(Whispering Willows Golf Course) located in the Northwest 1/4 of Section
5, with the additional provision that the easement shall revert back to the
City if the wireless communication facilities at that location are abandoned
or removed at some future date
Land located in the Northwest 1/4 of Section 5, T 1 S , R. 9 E ,
City of Livonia, Wayne County, Michigan, being more particularly
described as commencing at the Northwest corner of said Section
5, thence S 00°00'50" E , 491 42 feet; thence S 85°18'28" E ,
78 70 feet to a point on the east right-of-way of Newburgh Road,
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thence continuing S 85°18'28" E , 197 99 feet; thence S
44°08'28" E , 94 81 feet; thence N 68°45'32" E , 150 25 feet;
thence S 43°14'28" E , 235 47 feet; thence N 66°53'32" E ,
227 00 feet; thence S 23°06'28" E , 120 02 feet to the point of
beginning, thence N 41°39'36" E , 245 00 feet, thence S
69°42'33" E , 311 75 feet to the point of ending Containing 6,681
square feet more or less
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#687-98 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated August 18,
1998, submitted pursuant to Council Resolution 429-95, regarding the
subject of"Agenda Livonia 1995" and the matter of the development and
implementation of plans to clean and utilize Newburgh Lake, the Council
does hereby determine to take no further action with respect to this item
On a motion by Pastor, seconded by Vandersloot, and unanimously
adopted, it was
#688-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 19, 1998,
submitted pursuant to Council Resolution 281-98, a letter from the
Michigan Liquor Control Commission, dated November 7, 1997, and a
report and recommendation from the Chief of Police, dated February 20,
1998, in connection therewith, the Council does hereby recommend
approval of the request from Garden Enterprises, Inc. to transfer all stock
interest in 1997 SDM licensed corporation by dropping Fatine Konja as
sole stockholder through transfer of 1,000 shares to new stockholder
Shakouri Hermiz Hanna for a business located at 27405 Grand River,
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
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#689-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 19, 1998,
submitted pursuant to Council Resolution 873-97, and a communication
from the City Planning Commission, dated October 7, 1997, which
transmits its resolution 9-161-97, adopted on September 30, 1997, with
regard to Petition 97-9-2-24, submitted by Alan Tanski requesting waiver
use approval for the display and sale of used cars on property located on
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the southeast corner of Plymouth Road and Laurel Avenue in the
Northwest 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 97-9-2-24 is hereby approved and granted,
subject to the following conditions
1) That the Site Plan marked Sheet SP-1, dated September 4, 1997,
prepared by Allen & Laux, Inc., is hereby approved and shall be
adhered to,
2) That the Building Elevation Plans marked Sheet A-1, dated
September 4, 1997, prepared by Allen & Laux, Inc., are hereby
approved and shall be adhered to,
3) That the landscaping shown on the approved site plan shall be
installed prior to final inspection and shall thereafter be
permanently maintained in a healthy condition,
4) That proposed new grass areas both on-site and between the site
and the roadways in the Plymouth and Laurel Avenue right-of-way
shall be sodded,
5) That all landscaped areas shall be irrigated by means of an
underground sprinkler system, and
6) That no more than two (2) one ton (by manufacturer's definition) or
larger trucks (but in no event larger than 1-1/2 ton) shall be allowed
to be displayed outdoors at any time on petitioner's property on
either the southeast or southwest corner of Plymouth Road and
Laurel Avenue for a period not to exceed thirty (30) days for each
truck, and such trucks shall not be stored on any portion of either
property which abuts Plymouth Road or Laurel Avenue
A communication from the Inspection Department, dated August 28, 1998,
re the barbed wire on the property located at 34501 Plymouth Road was received and
placed on file for the information of the Council (Petition 97-9-2-24)
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was:
#690-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 19, 1998,
submitted pursuant to Council Resolution 895-97, and the report and
recommendation of the Department of Law, dated October 14, 1997,
approved for submission by the Mayor, regarding the subject of the
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Application Form for Zoning Variances, the Council does hereby
determine to take no further action with respect to this matter
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#691-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 25, 1998,
submitted pursuant to Council Resolution 430-98, and a letter from
Michael Roth of Dembs Roth Group, 27300 West Eleven Mile Road, Suite
806, Southfield, Michigan 48034, dated April 22, 1998, requesting to
lease or purchase certain City-owned property, the Council does hereby
request that the Department of Law do all things necessary to obtain an
appraisal of the City-owned property located south of the CSX Railroad
on the west side of Stark Road ( 36 acres), Sidwell No 111-99-0005-001,
and does further authorize and appropriate the expenditure of a sum not
to exceed $3,000 00 from Account No 101-267-972-001 for this purpose,
FURTHER, the Council requests, in accordance with Council Resolution
300-88, that the Director of Finance thereafter prepare specifications and
obtain competitive bids for the sale of the property and all competitive
bids shall be submitted thereafter to the Council for consideration
On the motion by Pastor, seconded by Walsh, and unanimously adopted,
it was
#692-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 25, 1998,
submitted pursuant to Council Resolution 430-98, and a letter from
Michael Roth of Dembs Roth Group, 27300 West Eleven Mile Road, Suite
306, Southfield, Michigan 48034, dated April 22, 1998, requesting to
lease or purchase certain City-owned property, the Council does hereby
refer the matter of the method of a bidding process giving the developer
and residents an opportunity to purchase the City-owned property located
south of the CSX Railroad on the west side of Stark Road ( 36 acres),
Sidwell No 111-99-0005-001, to the Department of Law for its report and
recommendation
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was
#693-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 25, 1998,
submitted pursuant to Council Resolution 8-98, with respect to the size of
signage for charitable organizations and the Sign Ordinance in general,
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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
#694-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 25, 1998,
submitted pursuant to Council Resolution 17-98, and of the Department of
Law, dated December 16, 1997, approved for submission by the Mayor,
submitted pursuant to Council Resolution 963-97, regarding a proposed
amendment to Section 040 of Title 2, Chapter 26 of the Livonia Code of
Ordinances, as amended, to authorize the Director of Building Inspection
or the Senior Building Inspector to issue appearance tickets if there is
reasonable cause to believe that a person has violated an ordinance
which the Department of Inspection is authorized to enforce, the Council
does hereby determine to take no further action with respect to this
matter
Brosnan gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTION 370 TO TITLE 15,
CHAPTER 04 (BUILDING CODES) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
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
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was.
#695-98 RESOLVED, that having considered 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 refer to
the Committee of the Whole for its report and recommendation 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
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On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
it was
#696-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 27, 1998, which transmits its
resolution 7-110-98, adopted on July 14, 1998, with regard to Petition 98-
6-2-10, submitted by Steven and Patricia Chambers, requesting waiver
use approval to operate a carry-out ice cream shop with customer seating
in an existing building located on the east side of Farmington Road
between Plymouth Road and Van Court in the Northwest 1/4 of Section
34, which property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 98-
6-2-10 is hereby approved and granted, subject to the following
conditions
1 That the number of customer seats shall be limited to no more than
12 seats, and
2 That the site deficiency described in a letter dated July 7, 1998,
from the Inspection Department, which relates to the need for
maintenance and/or restoration of the grass areas east of the City
sidewalk, adjacent to the Farmington Road right-of-way, shall be
rectified to that department's satisfaction prior to the issuance of a
Certificate of Occupancy
On a motion by Walsh, seconded by Pastor, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated June 15, 1998, which sets forth its
resolution 6-88-98 adopted on June 9, 1998, with regard to Petition 98-4-
2-6 submitted by Total Entertainment Restaurant Corporation requesting
waiver use approval to operate a full service restaurant within the 7-
Farmington Shopping Center, located on the north side of Seven Mile
Road between Farmington Road and Gill Road in the Southeast 1/4 of
Section 4, which property is zoned C-2, and the Council having conducted
a public hearing with regard to this matter on August 17, 1998, pursuant
to Council Resolution 506-98, the Council does hereby reject the
recommendation of the City Planning Commission and said Petition 98-4-
2-6 is hereby approved and granted, subject to the following conditions
1 That the total number of customer seats shall not exceed 202,
2 That the proposed exterior cooler and freezer units shall be
screened by wood fencing as shown on the Floor Plan and
proposed Back Elevation Plan marked Sheet 1, dated April 23,
1998, as prepared by Rip A. Moore & Associates, Architects,
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3 That any signage proposed to be erected on the building shall be
submitted for approval pursuant to the Special Area Development
Control as set forth in Section 18 47 of Zoning Ordinance 543, and
4 That the wall shall be brought up to Code and dense landscaping
shall be installed to the satisfaction of the Planning Department
with a minimum of 7' trees, that all overhead lights shall be
shielded from the residents, and that no parking lot sweeping shall
occur between the hours of 11 00 p m and 7 00 a m
A communication from Plunkett & Cooney, dated September 1, 1998, re
submitting various information with respect to the proposed restaurant by Total
Entertainment Restaurant Corp (Bailey's Pub & Grille) to be located within the 7-
Farmington Shopping Center, as well as the petitioner's 1997 Annual Report and
Common Stock portfolio dated July 17, 1997, were received and placed on file for the
information of the Council (Petition 98-4-2-6)
A report from the Planning Department, dated August 28, 1998, re
restaurants located within a three (3) mile radius of Seven Mile and Farmington Roads
was received and placed on file for the information of the Council (Petition 98-4-2-6)
A communication from the Windridge Village Homeowners Association,
dated August 12, 1998, re requesting Council deny Petition 98-4-2-6 (allowing
Bailey's Pub & Grille) was received and placed on file for the information of the Council
Communications (8) from various residents re Petition 98-4-2-6 (Bailey's
Pub & Grille) - two (2) in opposition and six (6) in favor -were received and placed on
file for the information of the Council
Communications (15) from various residents, dated August 25, 1998, re
expressing support for Petition 98-4-2-6 (Bailey's Pub & Grille), as well as
communications (6) from various employees in the area, dated August 27, 1998,
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expressing support of same were received and placed on file for the information of the
Council
The following individuals from the audience addressed this matter
1 Louis Vidra, 19448 Stamford - stated opposition,
2. Diane Martin, 19332 Pollyanna - opposed,
- 3 Richard Sayig, 34122 Gable - in favor of; and
4 Sandra Merrill, 19484 Stamford - concerned about liability if people jump the wall
on to her property
Walsh and Pastor withdrew their motions on the foregoing resolution to approve
On a motion by Walsh, seconded by Brosnan, and unanimously adopted,
it was.
#697-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 15, 1998, which sets forth its
resolution 6-88-98 adopted on June 9, 1998, with regard to Petition 98-4-
2-6 submitted by Total Entertainment Restaurant Corporation requesting
waiver use approval to operate a full service restaurant within the 7-
Farmington Shopping Center, located on the north side of Seven Mile
Road between Farmington Road and Gill Road in the Southeast 1/4 of
Section 4, which property is zoned C-2, and the Council having conducted
a public hearing with regard to this matter on August 17, 1998, pursuant
to Council Resolution 506-98, the Council does hereby refer this item to
the Committee of the Whole for its report and recommendation
On a motion by Laura, seconded by Walsh, and unanimously adopted, it
was
#698-98 RESOLVED, that the Council does hereby refer to the
Inspection Department the matter of inspecting the protective wall with
regard to Petition 98-4-2-6, submitted by Total Entertainment Restaurant
Corporation, requesting waiver use approval to operate a full service
restaurant within the 7-Farmington Shopping Center, located on the north
side of Seven Mile Road between Farmington Road and Gill Road in the
Southeast 1/4 of Section 4, and to take appropriate action, if necessary
On a motion by Laura, seconded by Vandersloot, and unanimously
adopted, it was
iii..
#699-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 15, 1998, which sets forth its
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resolution 6-87-98 adopted on June 9, 1998, with regard to Petition 98-5-
2-8 submitted by Total Entertainment Restaurant Corporation requesting
waiver use approval to utilize a Class C license in connection with a full
service restaurant within the 7-Farmington Shopping Center, located on
the north side of Seven Mile Road between Farmington Road and Gill
Road in the Southeast 1/4 of Section 4, which property is zoned C-2, and
the Council having conducted a public hearing with regard to this matter
on August 17, 1998, pursuant to Council Resolution 507-98, the Council
does hereby refer this item to the Committee of the Whole for its report
and recommendation
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#700-98 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 17, 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 a cash donation in the amount of $4,340 00 from the
Plastomer Corporation, $100 00 from the Livonia Jaycees, $64 60 from
the Plymouth Community United Way and an anonymous donation in the
amount of$100 00, FURTHER, the Council does hereby appropriate and
credit the same to Account #702-000-285-215 for use in the Livonia Youth
Assistance Program
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was
#701-98 RESOLVED, that having considered a communication from
the Chief of Police, dated August 20, 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 cash
donations in the amount of $37,340 53 from the contributors set forth in
the attachment, the same to be deposited in and credited to Account
#702-000-285-211 for use in the D.A.R.E Program
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#702-98 RESOLVED, that having considered a communication from
the Department of Law, dated August 27, 1998, approved for submission
by the Mayor, transmitting for Council acceptance a Grant of Easement,
Imo more particularly described as
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Grant of Easement dated August 20, 1998, executed by Michael F
Siggia, a married man, and Linda Siggia, his wife, to the City of
Livonia, for
A Public Easement for Private Sanitary Sewer
The South 12 feet of the following described parcel
That part of the North 1/2 of the South 1/2 of the Southwest 1/4 of
the Northwest 1/4 of Section 35, T 1 S , R. 9 E , City of Livonia,
Wayne County, Michigan, described as beginning at a point at the
Southeast corner of Merriman Road and Richland Avenue, S
88°49'04" E , 175 00 feet to a point of beginning, thence
proceeding S 00°59'44" W , 165 00 feet, thence S 88°49'04" E.,
65 00 feet, thence N 00°59'44" E , 165 00 feet, thence N
88°49'04" W , 65 00 feet to the point of beginning (Property Tax
No 138-99-0063-002)
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant 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 Walsh, and unanimously adopted,
it was
#703-98 RESOLVED, that having considered an application from
Diane Cieslak, 15749 Ellen Drive, dated September 1, 1998, requesting
permission to close Roycroft between Ellen Drive and Gary Lane on
Saturday, September 19, 1998, from 2 00 p m to 10'00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Sunday, September 20, 1998, in the event of inclement weather,
the action taken herein being made subject to the approval of the Police
Department.
Ms. Cieslak thanked the Council for putting her late item on the agenda.
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was.
#704-98 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
31203
At the direction of the Chair, Item X-1 concerning the subject of the
staffing in the Treasurer's Office (CR 201-98) was rescheduled to the Regular Meeting
of September 23, 1998
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#705-98 RESOLVED, that having considered a letter from the
Department of Law, dated September 4, 1998, approved by the Director
of Finance and approved for submission by the Mayor, the Council does
hereby refer the subject of the annual budget for the fiscal year ending
November 30, 1999, to the Finance, Insurance and Budget Committee to
be held on Monday, September 21, 1998
No one from the audience wished to speak at the end of the meeting.
Councilmember Pastor again asked for prayers for fellow Jaycee Matt
Boitos
On a motion by Walsh, seconded by Brosnan, and unanimously adopted,
this 1,376th Regular Meeting of the Council of the City of Livonia was adjourned at 9.26
p m , September 9, 1998
Jo McCotter, City Clerk