HomeMy WebLinkAboutCOUNCIL MINUTES 2000-04-19 32223
MINUTES OF THE ONE THOUSAND FOUR HUNDRED FIFTEENTH
REGULAR MEETING OF April 19, 2000
On April 19, 2000, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8 00 p m Councilmember Pastor delivered the invocation
Roll was called with the following result. John R Pastor, Brian Duggan,
Joe Laura, Jack Engebretson, Val I Vandersloot, John J Walsh and Maureen Miller
Brosnan
Absent: None
Elected and appointed officials present. Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney,
Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Robert
Beckley, Director of Public Works, and Jeff Bryant, Economic Development Director
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
#261-00 RESOLVED, that the minutes of the 1,414th Regular Meeting
of the Council held April 5, 2000 are hereby approved as submitted
During an audience communication, Barbara Case, Plymouth Coordinator
for the Million Mom March to be held in Washington, D C on Mother's Day, addressed
the Council and explained the goals and activities of this group
Matt Cowles of Northville, Michigan announced his candidacy for State
Representative and told the Livonia residents he would be glad to know of their
concerns
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John Stewart of Plymouth, Michigan announced that he is running for
State Representative and extended an invitation to a celebration of his 51st birthday and
his wife's 11th anniversary as Director of the Plymouth Historical Museum on May 9,
2000 at the Plymouth Historical Museum
Mayor Kirksey spoke about the anniversaries of the tragedies in
Oklahoma City and Columbine, Denver He also expressed his sorrow regarding the
shootings at the senior center in Lincoln Park.
A communication from the Department of Finance, dated March 30, 2000,
re forwarding various financial statements of the City of Livonia for the month ending
February 29, 2000, was received and placed on file for the information of the Council
A communication from the Department of Law, dated April 10, 2000, re
Tandy Corporation v City of Livonia, United States District Court Case No 97-74735,
was received and placed on file for the information of the Council
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#262-00 RESOLVED, that having considered an application from
Brian Huntoon, 18417 Foch, dated March 20, 2000, requesting permission
to close Foch between Pickford and Clarita on Saturday, May 20, 2000,
from 10 00 a m to 10 00 p m for the purpose of conducting a block party,
the Council does hereby grant permission as requested, including therein
permission to conduct the said affair on Saturday, May 27, 2000, in the
event of inclement weather, the action taken herein being made subject to
the approval of the Police Department.
#263-00 RESOLVED, that having considered an application from
Nancy Beasley and Kristen Brielmaier, 9114 Danzig, dated March 30,
2000, requesting permission to close Danzig between the addresses of
9102 and 9162 on Saturday, July 22, 2000, from 12 00 p m to 10 00 p m
for the purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Saturday, July 29, 2000, in the event of inclement weather, the
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action taken herein being made subject to the approval of the Police
Department.
#264-00 RESOLVED, that having considered an application from
Kathleen A. Fitzgerald, 9917 Cranston, dated March 31, 2000, requesting
permission to close Cranston between Elmira and Orangelawn on
Monday, May 29, 2000, from 2 00 p m to 8 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the approval of
the Police Department.
#265-00 RESOLVED, that having considered a communication from
Russell P Flynn, Woodbury Park Homeowners Association
Representative, 37288 Weymouth Drive, dated March 20, 2000, appealing
the determination of the Livonia Traffic Commission which denied the
request for the installation of a "Stop Sign" on the east side of Westchester
facing Newburgh Road, the Council does hereby refer this matter to the
Streets, Roads and Plats Committee for its report and recommendation
A communication from the Traffic Commission dated March 17, 2000 re
Administrative Response — the excessive speed of vehicles traveling on Fitzgerald
Street (Five Mile and Newburgh Road area) and an increase of traffic patrol in this area
—was received and placed on file for the information of the Council (CR 4-00)
#266-00 RESOLVED, that having considered a communication from
the Director of Community Resources and the Chairperson of the
Historical Commission, dated March 23, 2000, approved for submission by
the Mayor, to which is attached a letter from Lawrence R. Donaldson, St.
Andrew's Society of Detroit, requesting permission to hold the 151st,
152nd and 153rd Annual Highland Games at Greenmead, with the 151st
event to be held on Saturday, August 5, 2000, the Council does hereby
grant permission as requested, the action taken herein being subject to
the following conditions
1 That the St. Andrew's Society of Detroit and all equipment
operators shall provide the City of Livonia with appropriate
insurance policies naming-the City of Livonia as additional insured
with liability coverage of $1 million, and all certificates of insurance
shall be submitted to the Department of Law for approval by the
City prior to each event,
2 That the St. Andrew's Society of Detroit and any vendors involved
imp in the sale of beer or wine on Greenmead property shall provide the
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City of Livonia with an insurance policy naming the City of Livonia
as additional insured with liquor liability coverage in the amount of
$1 million, such certificate to be submitted to the Department of
Law for approval by the City prior to each event;
3 That the St. Andrew's Society of Detroit shall execute a hold
harmless agreement in favor of the City of Livonia in a manner and
form acceptable to the Department of Law;
4 That all vendors must obtain transient merchant licenses from the
City of Livonia prior to the event, and all necessary licenses and
permits from state and county agencies prior to each event;
5 That the St. Andrew's Society of Detroit shall pay the event fee and
the police fee as stated on the City of Livonia Fees/Waivers IV
Category Grid as established in Council Resolution 371-93,
adopted on May 5, 1993,
FURTHER, the Council does hereby approve the proposed flat rate fee of
$6,000 00 (to be renegotiated in 2001 and 2002) as set forth in the
attachment to the aforementioned correspondence from the St. Andrew's
Society of Detroit for use of the property, with the further understanding
that the Historical Commission will be receiving $1 00 from the proceeds
of each advance ticket sold and additional revenues from the operation of
its food booths and gift shop
#267-00 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 24, 2000, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which sets forth Water and Sewer Board resolution WS 3298
3/00, the Council does hereby accept the bid of S L C Meter Service, Inc.,
3059 Dixie Highway, Waterford, Michigan 48328, for supplying the Public
Service Division (Water Maintenance Section) with copper water tubing at
the unit prices as shown on the attachment to the aforementioned
communication for the estimated total cost of $18,390 00 for the 2000
calendar year, the same having been in fact the lowest bid received which
meets all specifications, and the bids of Etna Supply Company and U S
Filter are hereby rejected for the reasons indicated in the attachment.
#268-00 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 24, 1999, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which sets forth Water and Sewer Board resolution WS 3301
3/00, the Council does hereby accept the bid of D'Angelo Brothers, Inc ,
24485 Middlebelt Road, Farmington Hills, Michigan 48336, for performing
water main taps and service connections, 3/4" to 2", at various locations
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throughout the city, at the unit prices as shown on the attachment to the
aforementioned communication for the period April 1, 2000 through March
31, 2001, with a cap of $4,000 00 in the retainage amount, the same
having been in fact the lowest overall bid received and meets all
specifications
#269-00 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 24, 2000, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which sets forth Water and Sewer Board resolution WS 3297
3/00, the Council does hereby accept the bid of S L C Meter Service, Inc.,
3059 Dixie Highway, Waterford, Michigan 48328, for supplying the Public
Service Division (Water Maintenance Section) with water service parts
and fittings at the unit prices bid for the estimated total cost of $17,394 50
for the 2000 calendar year, including $26 00 each for 4-1/4" roadway
boxes, the same having been in fact the lowest bid received and meets all
specifications, FURTHER, the Council hereby waives the irregularity in
the bid submitted regarding the missing unit price for 4-1/4" roadway
boxes
#270-00 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 24, 2000, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which sets forth Water and Sewer Board resolution WS 3296
3/00, the Council does hereby determine to accept the bid of Nankin
Sand, 39740 Cherry Hill Road, Canton, Michigan 48187, which meets
specifications, for supplying the Public Service Division (Water
Maintenance Section) with topsoil at the unit bid price of $6 38 per yard
delivered and $5 00 per yard for pickup, FURTHER, in the event the
lowest bidder is unable to furnish the material, the Council hereby
determines to accept the second low bid of Wolverine Contractors, Inc.,
P 0 Box 760026, Lathrup Village, Michigan 48076, which also meets
specifications, as an alternate for supplying the Public Service Division
(Water Maintenance Section) with topsoil at the unit bid price of $7 19 per
yard delivered and $6 39 per yard for pickup
#271-00 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated March 31, 2000, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the proposal submitted by Davey Resource
Group, 1500 N Mantua Street, P 0 Box 5193, Kent, Ohio 44240, dated
March 15, 2000, for providing consulting services with respect to a Tree
Inventory and Comprehensive Community Forest Management Plan with
a link to the City's Arc View GIS, in an amount not to exceed $73,550 00,
FURTHER, the Council does hereby authorize the expenditure of a sum
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not to exceed $40,000 00 from funds already budgeted in Capital Outlay
Account No 101-781-987-000 for this purpose, FURTHER, the Council
does hereby appropriate and authorize the expenditure of a sum not to
exceed $33,500 00 from Contractual Services - Forestry Account No 205-
527-818-045 for this purpose, with the provision that this account be
reimbursed in the amount of $20,000 00 from that portion of the project
which is to be financed by the federal grant; and the Mayor and City Clerk
are hereby authorized to execute a contract, for and on behalf of the City
of Livonia, with such firm, subject to approval as to form by the City
Attorney, and to do all other things necessary or incidental to the full
performance of this resolution
#272-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated March 22, 2000, which bears the signature of the Director of
Finance, is approved by the Chairman of the Water and Sewer Board and
approved for submission by Mayor, with regard to the improvement of
Ashurst Road, north of Five Mile Road (S.A.D No 400) in the Southeast
and Southwest 1/4 of Section 16, THE COUNCIL DOES HEREBY
DETERMINE AS FOLLOWS
- To authorize a revision and amendment to Special Assessment
District No 400 in accordance with the revised assessment roll
attached to the aforesaid communication so as to decrease the
total assessment as set forth in the confirmed assessment roll for
Special Assessment District No 400 from $120,072 18 to
$117,760 07, with the assessments to be decreased to the
assessment rate of $89 64 per assessable foot (a 1 9% decrease),
which amendment will reflect actual costs incurred in this project;
To authorize a revision and amendment to Special Assessment
District No 400 in accordance with the revised assessment roll
attached to the aforesaid communication so as to increase the
assessments as set forth in the confirmed assessment roll for
Special Assessment District No 400 in the total amount of
$7,921 00 for parcels listed in Attachment III, so as to include the
cost of additional work requested by property owners within the
assessment district,
To authorize an expenditure in the amount of $315,976,81, of which
$113,155 00 shall be expended from the Water and Sewer Fund
#592 (Resolution No WS 3237 7/98), $71,429 49 from the
Michigan Transportation Fund (Local Road Account) receipts and
$125,681 07 from the General Obligation Road Improvement Bond
Issue with the provision that the Bond Issue be reimbursed at such
time as funds are available from the next Special Assessment
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Paving Bond Issue, and $5,711 25 shall be additionally expended
from the Water and Sewer Fund #592 (Resolution No WS 3302
03/00, approved March 20, 2000),
and the City Assessor, City Clerk and City Treasurer are hereby
authorized to do all things necessary or incidental to the full performance
of this resolution
#273-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 15, 2000, which transmits its
resolution 3-54-2000, adopted on March 14, 2000, with regard to Petition
00-1-SN-3, submitted by Victor Park West, requesting approval for
signage for the office building located at 19575 Victor Parkway in the
Southeast 1/4 of Section 6, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 00-1-SN-3 is
hereby approved, subject to the following conditions
1 That the Sign Package submitted by Huron Sign Company, as
received by the Planning Commission on March 7, 2000, is hereby
approved and shall be adhered to,
2 That this ground sign shall not be illuminated between the hours of
midnight and 5 00 a m , and
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
A communication from the Planning Commission, dated April 18, 2000, re
sign requirements for the Victor Park West Monument sign, was received and placed on
file for the information of the Council
# 274-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 29, 2000, which transmits its
resolution 3-61-2000, adopted on March 28, 2000, with regard to Petition
00-2-2-8, submitted by Jeff Williams of Playworld Unlimited, on behalf of
the Livonia Rotary Club, requesting waiver use approval to conduct a
carnival consisting of rides, games and food concessions from April 26,
2000 through May 7, 2000, inclusive, in the parking lot of the Wonderland
Mall located on the south side of Plymouth Road between Middlebelt
Road and Milburn Avenue in the Northeast 1/4 of Section 35, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 00-
2-2-8 is hereby approved and granted, subject to the following conditions
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1 That the carnival shall be limited to the dates as specified by
Playworld Unlimited, which are April 26, 2000, through May 7,
2000, inclusive,
2 That the proposed carnival operation shall be confined to the area
as illustrated on the site plan submitted with this request;
3 That all rides, food concessions, booths and all other equipment
and apparatus relating to the operation of the carnival shall be
located at least 60 feet distant from the Plymouth Road right-of-way
line,
4 That all trucks and other transportation-related vehicles and
equipment and temporary housing quarters for security personnel
only shall be parked or stored within the southwesterly portion of
the Wonderland Mall parking lot, but no closer than 200 feet from
the adjacent residential properties to the south,
5 That there shall be no motors running on the stored trucks during
late hours, especially between 9 00 p m to 7 00 a m including
motors on any refrigeration trucks,
6 That the hours of operation of the carnival shall be as stated in a
letter dated February 15, 2000, from Jeff Williams, Routing Director
of Playworld Unlimited, which have been approved by the Police
Department, and
7 That unobstructed access to any hydrants within the carnival area
shall be provided for the Fire Department.
#275-00 RESOLVED, that having considered a request from Joseph
Charnawskas, the Council does hereby refer the subject of the
encroachment of a drain easement by the property adjacent to 36927
Munger to the Inspection Department, Engineering Division and the
Department of Law for their respective reports and recommendations to
be submitted to council within 60 days
#276-00 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a Public Hearing
will take place before the City Council of the City of Livonia on Monday,
June 19, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
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Petition 00-2-1-2, submitted by Leo Soave, for a change of zoning of
property located on the south side of Seven Mile Road between Blue
Skies Drive and Glengarry Drive in the Northeast 1/4 of Section 7 from
R-3C to OS, the City Planning Commission in its resolution 3-57-2000
having recommended to the City Council that Petition 00-2-1-2 be
denied,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment to the
Zoning Ordinance, and/or (b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia as well as to,
not less than fifteen (15) days prior to said public hearing, cause to have
notice to be given by certified mail to each public utility company and to
each railroad company owning or operating any public utility or railroad
within the districts or zones affected, and further, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution
#277-00 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a Public Hearing
will take place before the City Council of the City of Livonia on
Wednesday, May 31, 2000, at 7 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following item
Petition 00-2-1-3, submitted by Leo Soave, for a change of zoning of
property located on the south side of Clarita Avenue between Middlebelt
Road and Melvin Avenue (29705 Clarita) in the Northeast 1/4 of Section
11 from R-5 to R-1, the City Planning Commission in its resolution 3-58-
2000 having recommended to the City Council that Petition 00-2-1-3 be
approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment to the
Zoning Ordinance, and/or (b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia as well as to,
not less than fifteen (15) days prior to said public hearing, cause to have
notice to be given by certified mail to each public utility company and to
each railroad company owning or operating any public utility or railroad
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within the districts or zones affected, and further, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution
#278-00 RESOLVED, that having considered a communication from
Fulcrum Real Estate, L L C , on behalf of Wintergarden Tavern, L.L.0 ,
dated April 4, 2000, which in accordance with the provisions of Section
19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an
appeal from a determination made on March 28, 2000, by the City
Planning Commission in its resolution 3-59-2000 with regard to Petition
00-2-2-5 submitted by Fulcrum Real Estate, L L C , on behalf of
Wintergarden Tavern, L L C , requesting waiver use approval to expand
the liquor license serving area in an existing building located on the
northeast corner of Seven Mile Road and Farmington Road in the
Southwest 1/4 of Section 3, which property is zoned C-2, the Council does
hereby designate Monday, May 22, 2000, 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 543, as amended, the Zoning Ordinance of the City of
Livonia
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Pastor, Duggan, Laura, Engebretson, Vandersloot, Walsh and
Brosnan
NAYS None
A communication from the Mayor, dated March 22, 2000, re
Administrative Response - a report from the Inspection Department on existing signage
at 13802 Merriman Road, (Sunoco Station), was received and placed on file for the
information of the Council (CR 150-00) (Petition 99-11-8-31)
A communication from the Inspection Department, dated March 22, 2000,
re Administrative Response — the compliance with the Sign Ordinance at a Sunoco
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Station located at 13801 Merriman Road — was received and placed on file for the
information of the Council (CR 150-00) (Petition 99-11-8-31)
A communication from Metro Environmental Contracting, Inc., 524
Centralia, Dearborn Hts , MI 48127, dated March 3, 2000, re Sunoco gas station
located at Schoolcraft and Merriman, was received and placed on file for the information
of the Council (Petition 99-11-8-31)
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#279-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 28, 2000,
submitted pursuant to Council Resolution 149-00, and a communication
from the City Planning Commission, dated January 28, 2000, which
transmits its resolution 1-18-2000 adopted on January 25, 2000, with
regard to Petition 99-11-8-31, submitted by Ali Bazzy, on behalf of
Sunoco, requesting site plan approval in connection with a proposal to
construct additions to and renovate the exterior building elevations of the
gas station located at 33234 Schoolcraft Road in the Southwest 1/4 of
Section 22, 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 99-11-8-31 is
hereby approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet C-1 with a revised date of
February 2, 2000, prepared by Metro Environmental Contracting,
Inc., is hereby approved and shall be adhered to, except that the
landscape plan shall be brought back to the Planning Commission
for review and approval,
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
4 That the Exterior Building Elevation Plan marked Sheet C-2 with a
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revised date of February 2, 2000, prepared by Metro
Environmental Contracting, Inc , is hereby approved and shall be
adhered to,
5 That the design of the canopy and pumps shall be consistent with
the plans prepared by Antista Fairclough, marked Sheet No 1,
Canopy Horizons Graphics, dated July 29, 1998, and Sheet No 8,
Pump Style A, dated May 28, 1998,
6 That a dark shade of brown brick shall be used in the construction
of the building and canopy columns as indicated in the brick
sample provided to the Council by cover letter dated March 3,
2000, from Metro Environmental Contracting, Inc , and the brick
shall be 100% full-face four (4") inch brick, no exception,
7 That all mechanical rooftop equipment shall be screened from
public view, as approved by the Planning Director;
8 That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building, and
the enclosure gates shall be maintained and, when not in use,
closed at all times,
9 That the gas pump island canopy shall not exceed 18 ft. in height
and its support columns shall be covered with the same brick used
in the construction of the station/convenience store,
10 That all light standards shall be replaced and shielded from the
adjacent properties and shall not exceed 20 feet in height;
11 That the petitioner shall correct to the Inspection Department's
satisfaction the following site deficiencies as outlined in the
correspondence dated December 20, 1999
- That all restrooms shall comply with the Michigan Barrier Free
requirements,
- That the route from the parking lot shall also comply with the
Michigan Barrier Free requirements (ramps, doors, etc ), and
- That all parking spaces shall be identified, double striped and
comply with the Michigan Barrier Free requirements,
12 That the petitioner shall correct to the Traffic Bureau and
Engineering Division's satisfaction the following site deficiencies as
outlined in the correspondence dated November 29, 1999
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- That the driveway connecting to Farmington Road and
immediately north of westbound Schoolcraft Road shall be
eliminated, and
- That the remaining driveway connecting Farmington Road shall
be widened as required,
13 That additional landscaping, similar to what is approved for the rest
of the site, shall be installed in the area of the eliminated driveway;
14 No outdoor storage, placement or display of merchandise shall be
permitted at any time on this site, however, the foregoing
prohibition shall not apply to the display, on the pump islands only,
of oil-based products as permitted in Section 11 03(a) of the Zoning
Ordinance,
15 That window signage for the station shall be limited to what is
permitted by Section 18 50D Permitted Signs, subheading (g)
"Window Signage",
16 That no signs, either freestanding or wall mounted, are approved
with this petition, and all such signage shall be separately
submitted for review and approval by the Planning Commission and
City Council, and
17 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient yard
setback and any conditions related thereto
A communication from the Livonia Anniversary Committee, dated March
26, 2000, re the allocation of funds from Livonia SPREE to charitable organizations,
was received and placed on file for the information of the Council (CR 115 00)
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, it was
#280-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 28, 2000,
submitted pursuant to Council Resolution 115-00, regarding the subject
matter of the allocation of funds from Livonia Spree to charitable
organizations, the Council does hereby determine to take no further action
with respect to this matter
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A communication from the Public Service Division, dated February 7,
2000, re an update on cost reductions that have been implemented on the
recommendations of Tel-Adjust, Inc , was received and placed on file for the information
of the Council (CR 294-99)
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
#281-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 28, 2000,
submitted pursuant to Council Resolution 294-99, and the report and
recommendation of the Public Utility Manager and the Director of Public
Works, dated February 7, 2000, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, regarding the
telecommunications audit performed for the City by Tel-Adjust, Inc. and
the cost savings realized by the City as a result of this work, and the
implementation of the recommendations made by Tel-Adjust, Inc , the
Council does hereby determine to take no further action with respect to
this matter
On a motion by Engebretson, seconded by Vandersloot, and unanimously
adopted, it was
#282-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 28, 2000,
submitted pursuant to Council Resolution 294-99, and the report and
recommendation of the Public Utility Manager and the Director of Public
Works, dated February 7, 2000, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, regarding the
telecommunications audit performed for the City by Tel-Adjust, Inc. and
the cost savings realized by the City as a result of this work, and the
implementation of the recommendations made by Tel-Adjust, Inc , the
Council does hereby request that the Department of Public Works
consider utilizing Tel-Adjust, Inc to perform another telecommunications
audit in the year 2001
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
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#283-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 28, 2000,
submitted pursuant to Council Resolution 80-99, the Council does hereby
establish the following fees and charges pursuant to Section 12 06 050c
and Section 12 06 060 of the Livonia Code of Ordinances
(Telecommunications), as amended
Telecommunications Permit Application Fee $10,000 00
Annual fee for use of the public rights-of-way
by telecommunications providers
Major Streets $1.25 per linear foot
Local Streets $0 36 per linear foot
State Trunklines $1.28 per linear foot
County Roads $0 79 per linear foot
FURTHER, the Council does hereby amend and revise Council
Resolution 112-99 to be consistent with the action taken herein
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#284-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 28, 2000,
submitted pursuant to Council Resolution 80-99, the Council does hereby
refer the matter of granting incentives for telecommunication providers to
install their facilities underground to the Department of Law for its report
and recommendation
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
#285-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 28, 2000,
submitted pursuant to Council Resolution 80-99, the Council does hereby
refer the matter of the regulation of telecommunication providers that
share conduit or are re-leasing facilities to the Department of Law for its
report and recommendation
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
32238
#286-00 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated April
3, 2000, submitted pursuant to Council Resolution 512-98 regarding a
water and sewer training session for Councilmembers, the Council does
hereby determine to take no further action with respect to this matter
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, it was
#287-00 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated April
3, 2000, submitted pursuant to Council Resolution 1043-97, and the report
and recommendation of the Water and Sewer Board, dated January 20,
2000, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, regarding additional work
requested in connection with the Water Distribution System Program,
which project was previously authorized pursuant to Council Resolution
1042-97, the Council does hereby authorize such additional work to be
performed by Camp, Dresser & McKee, Inc., One Woodward Avenue,
Suite 1500, Detroit, Michigan 48226, FURTHER, the Council does hereby
appropriate and authorize the expenditure of the additional sum of
$94,314 00 for this purpose from the Unexpended Fund Balance of the
Water and Sewer Fund with the understanding that such Fund shall be
reimbursed at such time as future bond proceeds become available
A communication from the Department of Law, dated January 4, 2000, re
requests for franchises to provide customers in the City of Livonia with electricity as it
becomes available in the deregulation process in the State of Michigan and proposed
amendments adding Chapter 300 (Energy Utility Franchises) to Title 2 and adding
Chapter 96 (Electric Franchise) to Title 5 of the Appendix of the Livonia Code of
Ordinances, was received and placed on file for the information of the Council (CR 536-
99)
A communication from the Department of Law, dated April 14, 2000, re
utility deregulation and proposed electric franchise agreements, and the proposed
creation of an "Energy Fund" to offset utility costs connected with the operation of City-
32239
owned buildings and facilities, was received and placed on file for the information of the
Council
A communication from the Department of Law, dated April 17, 2000, re a
proposed Amendment to Title 2, Chapter 300 (Energy Utility Franchises) of the Livonia
Code of Ordinances, as amended, was received and placed on file for the information of
the Council
Councilmember Walsh gave first reading to the following Ordinance
AN ORDINANCE ADDING CHAPTER 300 (ENERGY
UTILITY FRANCHISES) TO TITLE 2 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 Walsh, seconded by Laura, and unanimously adopted, it
was
#288-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 4, 2000,
submitted pursuant to Council Resolution 226-00, and the report and
recommendation of the Department of Law, dated January 4, 2000,
submitted pursuant to Council Resolution 536-99, regarding requests for
franchises to provide customers in the City of Livonia with electricity as it
becomes available in the deregulation process in the State of Michigan,
the Council does hereby request that the Department of Law enter into
negotiations with those companies that have applied for electric franchises
from the city and thereafter submit proposed ordinance amendments
granting such franchises to the City Council for its consideration
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
#289-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 4, 2000,
32240
submitted pursuant to Council Resolution 537-99, and a communication
from Sue Hayes, Corporate Account Manager for CMS Marketing,
Services and Trading, One Jackson Square, Suite 1060, Jackson,
Michigan 49201, expressing an interest in obtaining a franchise to provide
potential customers in the City of Livonia with electricity as it becomes
available in the deregulation process in the State of Michigan, the Council
does hereby determine to take no further action with respect to this item
A communication from CMS Energy Marketing, Services and Trading
Company, One Jackson Square, Suite 1060, Jackson, MI 49201-2277, dated April 5,
2000, re expressing an interest in obtaining a franchise to provide City of Livonia
residents with electricity as it becomes available in the deregulation process in the State
of Michigan, was received and placed on file for the information of the Council (CR 537-
99)
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#290-00 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated April
3, 2000, submitted pursuant to Council Resolution 1043-97, in connection
with the selection of a consultant to develop a water distribution system
control enhancements program, the Council does hereby determine to
take no further action with respect to this matter
Councilmember Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 14 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 99-9-1-13)
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
32241
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#291-00 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 10, 2000, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, wherein it is requested that Council Resolution
777-99 be amended to provide for certain alternative uses of the subject
property in the event restaurant/banquet facilities prove economically
unfeasible, the Council does hereby amend and revise Council Resolution
777-99 so as to have the same read as follows
RESOLVED, that having considered the report and recommendation of
the Committee of the Whole, dated October 26, 1999, submitted pursuant
to Council Resolution 573-99, and the report and recommendation of the
Director of Finance, dated October 7, 1999, approved for submission oy
the Mayor, submitted pursuant to Council 574-99, and which submits a
competitive bid received in connection with the sale of City-owned
property located at 35780 Five Mile Road (Bobby's Country House), more
particularly described as
That part of the Southeast 1/4 of Section 17, T 1 S , R. 9 E ,
City of Livonia, Wayne County, Michigan, described as
beginning S 89°44'50" E , 1,319 10 feet and N 0°00'30" W ,
60 00 feet from the South 1/4 corner of Section 17 and
proceeding thence N 0°00'30" W , 171 00 feet, thence S
89°44'50" E , 307 00 feet; thence S 0°00'30" E , 33 00 feet;
thence S 89°44'50" E , 129 00 feet; thence S 0°00'30" E ,
138 00 feet, thence N 89°44'50" W , 436 00 feet to the point
of beginning Containing 70,298 27 square feet or 1 614
acres of land
the Council does hereby accept the bid and authorize the sale of the
aforesaid city-owned property to a limited liability company to be formed
by Ronald Cochell and George Subu, having its address at 32400 Ford
Road, Garden City, Michigan 48135, for a total purchase price of
$751,015 00, which sale is conditioned upon A) the purchaser using the
property in accordance with the Use Restrictions Agreement which
was attached to the Law Department's April 10, 2000 letter to
Council, B) execution by the purchaser of the Reciprocal Easement
Agreement which was attached to the Instructions to Bidders distributed
prior to the bid opening, and C) the purchaser providing such title work as
may be required for this transaction, the action herein being taken in order
to best serve the interests of the community; and the Mayor and City Clerk
are hereby authorized, for and on behalf of the City of Livonia, to execute
32242
a quit claim deed, the Use Restrictions Agreement, the Reciprocal
Easement Agreement, and such other documents as may be necessary or
incidental to fulfill the purpose of this resolution, and the Department of
Law is hereby requested to prepare and place in proper form such legal
documents as may be necessary to consummate this transaction,
FURTHER, the proceeds of the sale of such property shall be allocated to
the Capital Projects Fund 401 to be used for the purpose of partially
financing the cost of a proposed Police Department computer replacement
project
A communication from the Department of Law, dated April 10, 2000, re
request to amend Council Resolution 777-99 in connection with the sale of City-owned
Bobby's Country House site, located at 35780 Five Mile Road, Livonia, MI, was
received and placed on file for the information of the Council
Councilmember Walsh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 17 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 00-2-1-1)
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
Councilmember Walsh invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result:
AYES Pastor, Duggan, Laura, Engebretson, Vandersloot, Walsh,
and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Duggan left the podium at 8 45 p m due to a conflict of interest.
32243
Councilmember Engebretson took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 33 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO 543,
AS AMENDED, KNOWN AND CITED AS "THE CITY
OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 99-10-1-17)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Pastor, Laura, Engebretson, Vandersloot, Walsh and
Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Duggan returned to the podium at 8 47 p m
Councilmember Walsh took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 145 OF
TITLE 10, CHAPTER 66 (VEHICLE EQUIPMENT) OF
THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Pastor, Laura, Engebretson, Vandersloot, Walsh and
Brosnan
NAYS Duggan
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Vandersloot, seconded by Pastor, and
32244
lbw unanimously adopted, it was
#292-00 RESOLVED, that having considered a communication from
the City Assessor, dated March 22, 2000, approved for submission by the
Mayor, with regard to a request from Mr and Mrs Jack Pelon, Jr , 20320
Purlingbrook, Livonia, Michigan 48152, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46 of
Ordinance 543, as amended, the Council does hereby approve of the
proposed division of Tax Item No 46-005-99-0059-000 into four (4)
parcels, the legal descriptions of which shall read as follows
PARCEL 1
Part of the Northeast 1/4 of Section 2, T 1S , R. 9 E , City of Livonia, Wayne
County, Michigan, described as
Commencing at the North 1/4 corner of said Section 2, thence due South
826 50 feet along the North/South Y4 line of said Section 2 said line also
being the centerline of Purlingbrook Road (60 feet wide), thence N 89°
57' 46" E 30 00 feet to a point on the East right of way line of said
Purlingbrook Road said point being the POINT OF BEGINNING, thence
continuing N 89° 57' 46" E 286 00 feet; thence Due South 82 61 feet,
thence S 89° 57' 23" W 286 00 feet to a point on the said East right of
way line, and thence Due North 82 65 feet along said East right of way
line to the POINT OF BEGINNING Containing 0 543 acres of land, more
or less Subject to any and all easements or rights of way of record, if
any
PARCEL 2
Part of the Northeast 1/4 of Section 2, T 1S , R. 9 E , City of Livonia, Wayne
County, Michigan, described as
Commencing at the North '14 corner of said Section 2, thence due South
826 50 feet along the North/South % line of said Section 2 said line also
being the centerline of Purlingbrook Road (60 feet wide), thence N 89°
57' 46" E 316 00 feet to the POINT OF BEGINNING, thence continuing N
89° 57' 46" E 318 07 feet to a point on the West right of way line of
Oporto Avenue (50 feet wide), thence S 00° 06' 50" W 82 58 feet along
said West right of way line, thence S 89° 57' 23" W 317 91 feet; and
thence Due North 82 61 feet to the POINT OF BEGINNING Containing
0 602 acres of land, more or less Subject to a temporary easement for the
installation of a sanitary sewer over the Easterly 10 feet. Also subject to
any and all easements or rights of way of record, if any
PARCEL 3
Part of the Northeast 1/4 of Section 2, T 1S , R. 9 E , City of Livonia, Wayne
County, Michigan, described as
32245
Commencing at the North 1/4 corner of said Section 2, thence Due South
991 80 feet along the North/South '/ line of said Section 2 said line also
being the centerline of Purlingbrook Road (60 feet wide), thence N 89°
57' 00" E 30 00 feet to a point on the East right of way line of said
Purlingbrook Road said point being the POINT OF BEGINNING, thence
Due North 82 65 feet along said East right of way line, thence N 89° 57'
23" E 286 00, thence Due South 82 61 feet; and thence S 89° 57' 00" W
286 00 feet to the POINT OF BEGINNING Containing 0 542 acres of
land, more or less Subject to any and all easements or rights of way of
record, if any
PARCEL 4
Part of the Northeast 1/4 of Section 2, T 1 S , R. 9 E , City of Livonia, Wayne
County, Michigan, described as
Commencing at the North '/4 corner of said Section 2, thence Due South
991 80 feet along the North/South '/ line of said Section 2 said line also
being the centerline of Purlingbrook Road (60 feet wide), thence N 89°
57' 00" E 316 00 feet to the POINT OF BEGINNING, thence Due North
82 61 feet; thence N 89° 57' 23" E 317 91 feet to a point on the West
right of way line of Oporto Avenue (50 feet wide), thence S 00° 06'50" W
82 58 feet along said West right of way line, and thence S 89° 57' 00" W
317 75 feet to the POINT OF BEGINNING Containing 0 601 acres of
land, more or less Subject to a temporary easement for the installation of
a sanitary sewer over the Easterly 10 feet. Also subject to any and all
easements or rights of way of record, if any
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds, PROVIDED, HOWEVER, that until a
variance is granted by the Zoning Board of Appeals as to every
nonconforming lot resulting from such split, none of said lots may be sold,
leased or transferred
On a motion by Walsh, seconded by Pastor, and unanimously
adopted, it was
#293-00 RESOLVED, that having considered a letter from the
Michigan Economic Development Corporation, dated March 27, 2000, with
regard to a loan application submitted to the Michigan Strategic Fund by
Sure Fit Metal Products, Inc , wherein it is indicated that the proceeds of
Industrial Development Revenue Bonds issued by the Fund are for a new
facility to be located in Redford Charter Township, Michigan, and that the
said company will be transferring its existing facility from Livonia,
Michigan, to Redford Charter Township, Michigan, the Council does
hereby give notice that it consents to the transfer of employment as herein
requested in accordance with Section 12a of the Michigan Strategic Fund
32246
Act, 1984 PA 270, and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
Councilmember Duggan left the podium at 8 50 p m. due to a conflict of interest.
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
#294-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 15, 2000, which transmits its
resolution 3-53-2000 adopted on March 15, 2000, requesting approval of
the entrance marker and landscaping for Petition 98-12-PL-1, submitted
by Alfred DeFlaviis, Merriman Forest, L L.0 , in connection with a proposal
to construct the Merriman Forest Subdivision on property located on the
east side of Merriman Road between Seven Mile Road and Mayville Drive
in the Northwest 1/ 4 of Section 11, the Council does hereby concur in the
recommendation of the Planning Commission, and Petition 98-12-PL-1 is
hereby approved and granted, subject to the following conditions
1 That the Landscape Plan marked Sheet 1, dated February 8, 2000,
prepared by Arpee/Donnan Inc , is hereby approved and shall be
2 adhered to,
That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition, and
4 That the entrance marker and its location, as shown on the
approved plan, is hereby approved and shall be adhered to, except
for the fact that the sign shall be constructed of natural materials
(i e , brick) and that the lettering shall consist of brass
A roll call vote was taken on the foregoing resolution with the following result.
AYES Pastor, Laura, Engebretson, Vandersloot, Walsh and Brosnan
NAYS None
The President declared the resolution duly adopted
On a motion by Engebretson, seconded by Pastor, and unanimously
32247
adopted, it was
#295-00 RESOLVED, that having considered a communication from
the City Clerk, dated March 20, 2000, which indicates that the proprietor of
the Merriman Forest Subdivision, situated in the Northwest 1/4 of Section
11, has delivered final true plats to the City Clerk and requested that said
plat be presented to Council for final approval, and the Council having
received a communication from the City Planning Commission, dated
March 15, 2000, wherein said Commission approves the final plat for the
said subdivision in its resolution 3-56-2000, adopted on March 14, 2000,
and the Council having considered a report from the City Engineer, dated
February 23, 2000, recommending approval of the final plat of said
subdivision, the preliminary plat of which was approved by the Council in
its resolution 620-99, adopted on August 30, 1999, said preliminary plat
having been recommended for approval by the City Planning Commission
on February 9, 1999, in its resolution 2-31-99, NOW, THEREFORE, the
Council does hereby determine to grant its approval to the final plat of
Merriman Forest Subdivision, located in the northwest 1/4 of Section 11,
City of Livonia, Wayne County, Michigan, as submitted by the proprietor
thereof, which proprietor is also hereby required to do all things necessary
to obtain full compliance with the Subdivision Control Act of Michigan of
1967, as amended, and the ordinances of the City of Livonia, and turther,
the City Clerk is hereby requested to do all things necessary or incidental
to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result.
AYES Pastor, Laura, Engebretson, Vandersloot, Walsh and Brosnan
NAYS None
The President declared the foregoing resolution adopted
Councilmember Duggan returned to the podium at 8 51 p m
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#296-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 14, 2000, which transmits its
resolution 2-46-2000, adopted on February 29, 2000, with regard to
Petition 00-1-SN-1, submitted by the University of Phoenix, requesting
approval for signage for the commercial building located at 17740 Laurel
Park Drive North in the Southeast 1/4 of Section 7, the Council does
32248
hereby reject the recommendation of the City Planning Commission and
Petition 00-1-SN-1 is hereby denied for the following reasons
1 That the petitioner has failed to comply with all the requirements
outlined in Section 18 50G of the Zoning Ordinance,
2 That the petitioner has not justified the need for any additional
signage for this location or having a tenant identified on the
building,
3 That approving this sign request would set an undesirable
precedent for the area, and
4 That approving this petition would not be aesthetically in the City's
best interest.
Mr Steve Isbister, 5480 Corporate Center Drive, Troy, MI, presented a
letter from Schostak Bros regarding landlord's support for signage at the University of
Phoenix site located at 17370 N Laurel Park Drive, Livonia, MI 48152 (Petition 00-01-
SN-01)
A communication from Schostak Bros , 25800 Northwester Highway, Suite
780, Southfield, MI 48075, dated April 17, 2000, re landlord's support for signage at
the University of Phoenix site located at 17370 N Laurel Park Drive, Livonia, MI 48152,
was received and placed on file for the information of the Council (Petition 00-01-SN-
01)
Mr Reinhart Lemke was present at the meeting on behalf of Schostak
Bros to answer questions of the Council
On motion by Laura, seconded by Walsh, it was
#297-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 14, 2000, which transmits its
resolution 2-47-2000, adopted on February 29, 2000, with regard to
Petition 00-1-SN-2, submitted by Big Boy Restaurant, requesting approval
for two (2) wall signs for the commercial building located at 37123 Six Mile
Road in the Northwest 1/4 of Section 17, the Council does hereby concur
32249
in the recommendation of the Planning Commission and Petition 00-1-SN-
L2 is hereby approved, subject to the following conditions
1 That the sign package submitted by Ledy Design Group, as
received by the Planning Commission on December 29, 1999, is
hereby approved and shall be adhered to,
2 That all signage for this restaurant shall not be illuminated beyond
one (1) hour after closing,
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval,
4 That the existing pole sign shall be removed prior to the installation
of the wall sign on the north building elevation, and
5 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess number of
signs prior to being presented to the City Council
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Engebretson, Vandersloot, Walsh and Brosnan
NAYS Pastor
The President declared the resolution duly adopted
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#298-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 29, 2000, which transmits its
resolution 3-65-2000, adopted on March 28, 2000, with regard to Petition
00-2-2-12, submitted by Ronald Cochell, requesting waiver use approval
to operate a full-service restaurant in an existing building located on the
north side of Five Mile Road between Golfview Drive and Ellen Drive
(formerly Bobby's Country House) in the Southeast 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 00-
2-2-12 is hereby approved and granted, subject to the following
conditions
32250
1 That the Building Elevations Plan, marked Sheet P-3, prepared by
Daniel Scott Cannon, as received by the Planning Commission on
February 23, 2000, is hereby approved and shall be adhered to,
2 That the proposed lower level vestibule addition shall be
constructed at the entrance at the east end of the building in
conformance with the lower level floor plan, marked Sheet P-1,
prepared by Daniel Scott Cannon, as received by the Planning
Commission on February 23, 2000,
3 That the brick used in the construction of the vestibule addition
shall match the brick on the existing building and shall be full-face
four (4") inch brick, no exception,
4 That the handicapped parking spaces of the required size and
number shall be provided in compliance with barrier free
requirements and shall be equally distributed for the upper and
lower levels,
5 That landscaping for screening purposes along the south sides of
the dumpster enclosure and the walk-in cooler enclosure shall be
provided with the type, size and number of plant materials to be
determined through consultation with the Planning Department
staff;
6 That the landscaping referenced above shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition, and
7 That all signage for this site, either freestanding or wall mounted,
shall be submitted for review and approval of the Planning
Commission and City Council
A communication from the Department of Law, dated April 18, 2000, re
the designated number of parking spaces in connection with the sale of City-owned
property located at 35780 Five Mile Road (Bobby's Country House) was received and
placed on file for the information of the Council
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
32251
#299-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 29, 2000, which transmits its
resolution 3-67-2000, adopted on March 28, 2000, with regard to Petition
00-2-2-11, submitted by Ronald Cochell, requesting waiver use approval
to utilize a Class C liquor license in conjunction with a full-service
restaurant proposed to be operated in an existing building located on the
north side of Five Mile Road between Golfview Drive and Ellen Drive
(formerly Bobby's Country House) in the Southeast 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 00-
2-2-11 is hereby approved and granted
On a motion by Laura, seconded by Walsh, and unanimously adopted, it
was
#300-00 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated January 10, 2000, and the
report and recommendation of the Chief of Police, dated April 7, 2000,
approved for submission by the Mayor, the Council does hereby approve
the request from RCGS Enterprises, L L C , for transfer of ownership of a
1998 Class C License (in escrow) from Marc Owens Corporation for a
business located at 35780 Five Mile Road, Livonia, Michigan 48154,
Wayne County, and to transfer location (Governmental Unit) (MCL
436 1531(1)) from 297 S Dragoon, Detroit, Michigan 48209, Wayne
County, to 35780 Five Mile Road, Livonia, Michigan 48152, Wayne
County; FURTHER, the Council does hereby recommend denial of the
request for a new SDM License and Outdoor Service Permit to be held in
conjunction with 1998 Class C licensed business (in escrow) based upon
the fact that the applicant has not applied for a waiver use for this
purpose, and because an SDM License is not appropriate for use at a
restaurant/banquet facility in this location, pursuant to Sections 11 03 and
19 06 of Livonia Zoning Ordinance No 543, as amended, and the City
Clerk is hereby requested to forward a certified copy of this resolution to
the Michigan Liquor Control Commission
George Subu, petitioner for the former Bobby's Country House site, 35780
Five Mile Road, thanked the various City departments that were involved in expediting
the process related to the waiver petition and obtaining the liquor license
On a motion by Laura, seconded by Duggan, it was
#301-00 RESOLVED, that having considered a letter from Sarkis M
Anusbigian, Westborn Market, dated March 6, 2000, requesting
32252
permission to hang fourteen (14) 2'6" x 6' decorative flags on various light
poles located in the parking lot at 14925 Middlebelt Road, and which flags
would be placed in such location until September 30, 2000, the Council
does hereby approve and grant this request in the manner and form
herein submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Vandersloot, Walsh and Brosnan
NAYS Pastor and Engebretson
The President declared the resolution duly adopted
Sarkis M Anusbigian, representative of Westborn Market, 14925
Middlebelt Road, explained to the Council the reason for the decorative flags being
displayed before official consent of the Council
On a motion by Engebretson, seconded by Pastor, it was
#302-00 RESOLVED, that the Council does determine to refer the
subject matter of decorative flags on light poles in commercial parking lots
to the Legislative Committee for a report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Engebretson, Vandersloot, Walsh and Brosnan
NAYS Duggan and Laura
The President declared the resolution duly adopted
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was
#303-00 RESOLVED, that having considered a communication from
the City Treasurer dated April 17, 2000, regarding the replacement of
sidewalks in the City of Livonia on the following parcels in the following
amounts
Parcels of property and assessment, as outlined in the
Treasurer's letter, dated April 17, 2000, is included herein
by reference,
32253
which work was done pursuant to Council Resolution 178-99 and in
accordance with the provisions of Section 12 04 340 of the Livonia Code
of Ordinances, Title 12, Chapter 4, and the City Treasurer having
thereafter sent a statement of charges by first class mail to the owners of
property to be assessed wherein notice of the meeting by the City Council
on this date was given and at least 30 days having expired since the
giving of such notice with such charges remaining unpaid, the Council
does hereby, pursuant to the provisions of Section 3 08 150 of the Livonia
Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a
special assessment is placed upon such property for said charges,
FURTHER, the Council does hereby authorize installment payments in the
number of three (3) installments at 6% interest where assessments
exceed $400 and the property owner has requested such installments,
FURTHER, the Council does hereby request that the City Treasurer shall
give notice of the amounts herein determined to the persons chargeable
therewith, such notice to be sent by first class mail to the last known
address of such persons as shown on the most current assessment roll of
the City, and where payments herein authorized are not made within the
specified time this fact shall be reported by the City Treasurer to the City
Assessor who shall charge such amount together with a penalty of 10% of
such amounts against the persons or real property chargeable therewith
on the next general tax roll, and the City Clerk and City Treasurer are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
A communication from the Office of the Treasurer, dated April 17, 2000,
re the 1999 Seven Mile Sidewalk Program — Single Lot Assessments —was received
and placed on file for the information of the Council (CR 178-99)
On a motion by Duggan, seconded by Laura, it was
#304-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 16, 2000, which sets forth
its resolution 2-30-2000, adopted on February 8, 2000, with regard to
Petition 99-11-SN-14, submitted by Millennium Park, L L C , requesting
approval for signage for the commercial development located at 13500
Middlebelt Road in the Northwest 1/4 of Section 25, and the Council
having conducted a public hearing with regard to this matter on March 27,
2000, pursuant to Council Resolution 138-00, the Council does hereby
reject the recommendation of the City Planning Commission and said
Petition 99-11-SN-14 is hereby approved and granted, subject to the
following conditions
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1 That the Sign Package submitted by Millennium Park, L.L C , as
prepared by T Rogvoy Associates, Inc., marked Sheet 2 of 2,
dated March 23, 2000, is hereby approved and shall be adhered to,
and
2 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Engebretson, Vandersloot, Walsh and Brosnan
NAYS Pastor
The President declared the resolution duly adopted
A communication from Marvin Walkon, Walkon Associates, Inc., 30445
Northwestern Highway, Suite 320, Farmington Hills, MI 48334, dated April 18, 2000, re
his absence from the Council Meeting on April 19, 2000 and having representation by
Mark Drane, project architect, in his stead, was received and placed on file for the
information of the Council (Petition 99-11-SN-14)
A communication from the Planning Commission, dated March 30, 2000
re a comparison of the setbacks of Wonderland Mall, Livonia Mall and Laurel Park
Mall with the Millennium Park Mall, was received and placed on file for the information
of the Council (Petition 99-11-SN-14)
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#305-00 RESOLVED, that the Council does hereby refer the subject
of procedures followed by the City Treasurer's Office as they relate to
attachment of liens on properties within Special Assessment Districts to
the Treasurer's Office for a report and recommendation, such report to
specifically include the Lamont Street and Stonehouse Avenue Special
Assessment proceedings, as well as other similar projects
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On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was.
taw
#306-00 RESOLVED, that the Council does hereby refer the subject
of the history of the storm sewers, ditches and sump pumps on Lamont
Street and/or Stonehouse Avenue to the City Engineer for a report and
recommendation
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#307-00 RESOLVED, that the Council does hereby refer the subject
of the drainage problems on Lamont Street and/or Stonehouse Avenue
and possible solutions to eliminate those problems, including
consideration of an improvement involving the installation of storm sewers
rather than street paving, to the City Engineer for a report and
recommendation
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#308-00 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 401
for a proposed street improvement consisting of the placement of a three
(3") inch overlay over the top of the existing four (4") inch asphalt road
and widening two (2') feet on each side of the road with a two (2") inch
high mountable asphalt curb (Alternate Ill Modified) for Lamont Street
(130 feet north of Joy Road to 200 feet south of Northfield Avenue) and
Stonehouse Avenue (130 feet north of Joy Road to Minton Avenue) in the
City of Livonia, Wayne County, Michigan, as required by the provisions of
the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances,
as amended, a public hearing thereafter having been held thereon on
Wednesday, March 29, 2000, at 7 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and the City Council having duly met
and reviewed the special assessments levied on the special assessment
roll as prepared by the City Assessor to cover the district portion of the
cost of street improvements to be constructed in Special Assessment
District No 401, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
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NOW, THEREFORE, BE IT RESOLVED, that the Council does hereby
determine to refer the issue of continuing the special assessment
proceedings to the Streets, Roads and Plats Committee for a report and
recommendation
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was:
#309-00 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 401
for a proposed street improvement, as revised, to consist of the
placement of a three (3") inch overlay over the top of the existing four (4")
inch asphalt road and widening two (2') feet on each side of the road with
a two (2") inch high mountable asphalt curb (Alternate III Modified) for
Lamont Street (130 feet north of Joy Road to 200 feet south of Northfield
Avenue) only in the City of Livonia, Wayne County, Michigan, as required
by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, a public hearing thereafter having
been held thereon on Wednesday, March 29, 2000, at 7.00 p m at the
City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City
Council having duly met and reviewed the special assessments levied on
the special assessment roll as prepared by the City Assessor to cover the
district portion of the cost of a street improvement to be constructed in
Special Assessment District No 401, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, that the Council does determine
to refer the confirmation for the roll of Lamont Street only to the Streets,
Roads and Plats Committee for a report and recommendation
Chris Richards, 8901 Lamont Street, Livonia, MI 48150, spoke to the
Council regarding his concern of the impact of heavy equipment traveling on a
temporary road
A communication from Engineering Division, dated April 17, 2000, re
survey results from residents related to the Stonehouse and Lamont Special
Assessment District, was received and placed on file for the information of the Council
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(CR 137-00)
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
#310-00 RESOLVED, that the Council does hereby refer the subject
of the city's participation in the amount of$100,000 00 towards eliminating
drainage problems on Stonehouse Avenue and Lamont Street to the
Mayor for a report and recommendation
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was.
#311-00 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated January 27, 2000, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
refer the subject matter of the unit price bid of Wel!tech Eastern, Inc., 5976
Venture Way, Mt. Pleasant, Michigan 48858, for completing all work
required in connection with the Stonehouse and Lamont Street
L. Improvement and Storm Sewer Project, to the Streets, Roads and Plats
Committee for a report and recommendation
A communication from Scott and Roseanne Adams, 8914 Lamont Street,
Livonia, MI 48150, dated April 9, 2000 re the opposition to the proposed Paving
Project on Lamont, was received and placed on file for the information of the Council
On a motion by Walsh, seconded by Duggan and unanimously adopted, it
was
#312-00 RESOLVED, that having considered a communication from
the City Clerk, date April 12, 2000, the Council does hereby amend and
revise Council Resolution 187-00 so as to have the same read as follows.
RESOLVED, that in accordance with the provisions set forth in
Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as
well as Article XXIII of Ordinance 543, as amended, the Zoning
Ordinance of the City of Livonia, the Council does hereby
determine that a Public Hearing will take place before the City
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Council of the City of Livonia on Wednesday, May 31, 2000, at
7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items
Petition 99-6-1-6, as amended, submitted by Marvin
Walkon, for a change of zoning of property located on the
west side of Newburgh Road between Pembroke Avenue
and St. Martins Avenue in the Northeast 1/4 of Section 6
from RUFC to R-C, the City Planning Commission in its
resolution 2-34-2000 having recommended to the City
Council that Petition 99-6-1-6 be approved,
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said Public Hearing,
cause to have a statement indicating the (a) nature of the proposed
amendment to the Zoning Ordinance, and/or (b) location of the
proposed change of zoning as set forth above, first to be published
in the official newspaper of the City or a newspaper of general
circulation in the City of Livonia as well as to, not less than fifteen
(15) days prior to said public hearing, cause to have notice to be
given by certified mail to each public utility company and to each
railroad company owning or operating any public utility or railroad
within the districts or zones affected, and further, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution
On a motion by Duggan, seconded by Laura, and unanimously
adopted, it was
#313-00 RESOLVED, that having considered a communication from
Charles G Tangora, Brashear, Tangora and Spence, L.L P , on behalf of
Goddard School, dated March 30, 2000, which in accordance with the
provisions of Section 19 08 of Ordinance 543, as amended, the Zoning
Ordinance, takes an appeal from a determination made on March 28,
2000, by the City Planning Commission in its resolution 3-69-2000 with
regard to Petition 00-2-2-13, submitted by Rodino, L P , on behalf of
Goddard School, requesting waiver use approval to construct and operate
an early childhood school on property located on the south side of Eight
Mile Road between Meadowview Lane and Victor Parkway in the
Northeast 1/4 of Section 6, which property is zoned RUF, the Council does
hereby refer this subject matter to the Committee of the Whole for a report
and recommendation
Charles Tangora of Brashear, Tangora and Spence, L L P , the petitioner,
REVISED CR 314-00
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On
a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was#314-00 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated April 7, 2000, approved
for submission by the Mayor, with respect to audit reports of the City of
Livonia (Financial Report with Additional Information dated November 30,
1999), for District Court Funds of District No 16 of the City of Livonia
(Financial Report with Additional Information dated November 30, 1999),
for the Economic Development Corporation of the City of Livonia
(Financial Report dated November 30, 1999) and for the Federal Awards
of the City of Livonia (Supplemental Information dated November 30,
1999), the Council does hereby refer this item to the Finance, Insurance
and Budget Committee for its report and recommendation
Reinhart Lemke of Wonderland Mall thanked the Council for their approval
of the Rotary Club Carnival to be held from April 26 through May 7, 2000, and he stated
that 50 tickets would be donated to children who might not otherwise be able to attend
Councilmember Duggan wished a Happy Holiday to all
City Clerk Joan McCotter spoke about upcoming training sessions for
election inspectors
On a motion by Duggan, seconded by Laura, and unanimously adopted,
this 1415th Regular Meeting of the Council of the City of Livonia was adjourned at 1000
p m., April 19, 2000
p0/2741, *-ft apue&t.„,
Joan McCotter, City Clerk