HomeMy WebLinkAboutCOUNCIL MINUTES 1997-10-10 30440
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIFTY-SECOND
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On September 10, 1997, 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 02 p m Councilmember Vandersloot delivered the invocation, and
Councilmember Taylor asked for a moment of silence in remembrance of Kenneth
Miencier, a good friend and ex-Zoning Board of Appeals board member who recently
passed away
Roll was called with the following result. Val Vandersloot, Michael P
McGee, Gerald Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan,
and Joe Laura. Absent: None
Elected and appointed officials present: Jack E. Kirksey, Mayor; John
Nagy, City Planner; Robert J Beckley, Director of Public Works; Robert J Schron, City
Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk; Karen A.
Szymula, Director of Legislative Affairs, Michael T Slater, Director of Finance, Linda
McCann, Director of Community Resources; Yvonne P Lillibridge, Chairperson of the
Board of Trustees of the Livonia Employees Retirement System; and Thomas Yates,
member of the Board of Trustees of the Livonia Employees Retirement System.
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was.
#726-97 RESOLVED, that the minutes of the 1,351st Regular
Meeting of the Council of the City of Livonia, held August 27, 1997, are
hereby approved as submitted
No one spoke during the audience communication portion of the meeting.
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A communication from the Engineering Division, dated September 2,
1997, re administrative response to CR 531-97 - status of the Hillcrest Court
Development at Five Mile and Spanich Court, on the east side of the Kroger project -
was received and placed on file for the information of the Council
A communication from the Engineering Division, dated September 4,
1997, re current construction status of restoration regarding the Edgewood Sanitary
Sewer Replacement Project was received and placed on file for the information of the
Council
From the audience, Debbie Coch, representing Idyle Hills Estates,
inquired about the projected completion date of the aforementioned project, and Jack
Downey of Ellen Drive inquired about needed cement repairs.
A communication from the Department of Law, dated September 3, 1997,
re. update on the progress of Pines of Winfield Subdivision was received and placed
on file for the information of the Council
Communications from the Engineering Division, dated September 3 and
September 4, 1997, re. current status of the 'Pines of Winfield Subdivision and the
restoration work in Sheffield Estates Subdivision were received and placed on file for
the information of the Council
A communication from the Department of Finance, dated August 26,
1997, re forwarding various financial statements of the City of Livonia for the month
ending July 31, 1997, was received and placed on file for the information of the
Council
At the direction of the Chair, Item Nos. 13 and 17 were removed from the
Consent portion of the Agenda.
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On a motion by Duggan, seconded by Brosnan, it was
#727-97 RESOLVED, that having considered an application from
Debbie Winters, 14122 Hubbard, dated August 18, 1997, requesting
permission to close Hubbard between Scone and Perth on Saturday,
September 27, 1997, from 3 00 p m. to 8.00 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 28, 1997, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#728-97 RESOLVED, that having considered an application from
Diane Cieslak, 15749 Ellen Drive, dated August 25, 1997, requesting
permission to close Gary Lane between Ellen Drive and Riverside on
Saturday, September 27, 1997, from 4 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 28, 1997, in the event of inclement weather,
the action taken herein being made subject to the approval of the Police
Department.
#729-97 RESOLVED, that having considered an application from
Gary Valentino, 14067 Edgewood, dated August 25, 1997, requesting
permission to close Edgewood between Scone and Perth on Saturday,
September 20, 1997, from 2 00 p m to 9.00 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 21, 1997, in the event of inclement weather, the
action taken herein being made,subject to the approval of the Police
Department.
#730-97 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated August 13, 1997, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, which transmits its resolution WS 3197 8/97, wherein the
Board concurs in the recommendation made by the Public Utility Manager
in a letter dated August 6, 1997, attached thereto, the Council does
hereby accept the bid of Wolverine Power and Equipment Company,
25900 W Eight Mile Road, Southfield, Michigan 48034, for supplying the
Public Service Division (Water and Sewer Section) with one (1) heavy-
duty tractor loader backhoe with extendible dipperstick for a net price of
$51,175 00, based on a total price of $54,175 00 less trade-in of
$3,000 00, the same having been the lowest bid received and meets all
specifications
#731-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated August 21, 1997,
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which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of AIS
Construction Equipment Corporation, 56555 Pontiac Trail, New Hudson,
Michigan 48165, for supplying the Public Service Division (Equipment
Maintenance Section) with one (1) multipurpose excavator 4 x 4 for a net
price of$104,650 00, based on a total price of $157,650 00 less trade-ins
of$53,000 00, the same having been the lowest bid received which meets
all specifications, and the bid of Michigan CAT is hereby rejected for
reasons indicated in the attachment.
#732-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Public Utility
Manager, dated August 7, 1997, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, with regard to
the installation of a Card Access System for City Hall as authorized in
Council Resolution 33-97, the Council does hereby authorize the
expenditure of the sum of $2,248 00 from Account No 101-447-818-020
(Building Maintenance Contractual Services) for the purpose of making
final payment to Security Designs, Inc., 34441 Eight Mile Road, Suite 112,
Livonia, Michigan 48152, for the City Hall Card Access System for the
reasons indicated in the aforesaid communication with the provision that
such account shall be reimbursed from funds received from Time Warner
for this purpose pursuant to the City's cable franchise agreement with
Time Warner
#733-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Public Utility
Manager, dated August 25, 1997, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, to
which is attached a request from St. Paul's Evangelical Lutheran Church,
dated March 21, 1997, requesting permission to remove and reclaim the
stained glass windows at the Civic Park Senior Center, the Council does
hereby approve this request in the manner and form herein submitted and
does hereby authorize the disposition of such stained glass windows for
donation to St. Paul's Evangelical Lutheran Church for the reasons
indicated in the aforesaid communication subject to performance of the
necessary work by the church or its contractors to properly secure the
building to the satisfaction of the City
A communication from the Department of Law, dated August 25, 1997, re
administrative response to CR 613-97 - subject of whether an addition to buildings
within a designated historical district would require permission from the Historic
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Preservation Commission - was received and placed on file for the information of the
Council
#734-97 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated August 25, 1997,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 613-97, regarding the subject of whether an addition to a
building within a designated historic district would require permission from
the Historic Preservation Commission, and also having considered a letter
from the Mayor, dated August 27, 1997, regarding various questions
concerning Greenmead, Greenmead 2000, ordinance amendments and
the Historic Preservation Commission, the Council does hereby refer this
matter to the Capital Improvement Committee for its report and
recommendation
#735-97 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated August 20, 1997, approved for submission by the Mayor, the
Council does hereby authorize the release to Biltmore Properties
Corporation and Leon Zolkower, 2025 West Long Lake Road, Suite 104,
Troy, Michigan 48098, the proprietor of Caliburn Estates Subdivision No
2, located in the Northwest 1/4 of Section 8, of the financial assurances
previously deposited pursuant to Council Resolution 406-95 adopted on
June 21, 1995, and subsequently amended by Council Resolution 199-96
adopted on March 13, 1996, specifically
a) General Improvement Bond $ 2,200 00 (all cash)
b) Entrance Markers $27,000 00 ($3,000 00 minimum cash)
c) Monuments and Markers , $ 2,170 00 (all cash)
FURTHER, all other financial assurances now on deposit with the City, if
any, with respect to this subdivision shall remain the same and
unchanged, and the action herein being taken is for the reasons indicated
in the aforementioned report of the Director of Public Works and the City
Engineer that all these improvements have been satisfactorily installed in
accordance with the rules and regulations and ordinances of the City of
Livonia,
#736-97 RESOLVED, that having considered the report and
recommendation of the City Engineer and Director of Public Works, dated
August 20, 1997, approved for submission by the Mayor, the Council does
hereby authorize the release to Biltmore Properties Corporation and Leon
Zolkower, the proprietors of Caliburn Manor Subdivision No 2, located in
the Northeast 1/4 of Section 7, of the financial assurances previously
deposited pursuant to Council Resolution 595-95 adopted on August 30,
1995, and subsequently amended by Council Resolution 201-96 adopted
on March 13, 1996, specifically
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a) General Improvement Bond
$ 2,000 00 (all cash)
b) Entrance Markers
$12,000 00 ($2,500 00 minimum cash)
c) Monuments and Markers
$ 3,950 00 (all cash)
FURTHER, all other financial assurances now on deposit with the City, if
any, with respect to this subdivision shall remain the same and
unchanged; and the action herein being taken is for the reasons indicated
in the aforementioned report of the Director of Public Works and the City
Engineer that all these improvements have been satisfactorily installed in
accordance with the rules and regulations and ordinances of the City of
Livonia.
#737-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 21, 1997, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, and is approved for submission by the Mayor, to which is
attached a proposed agreement between the Board of Road
Commissioners for Oakland County, the City of Farmington Hills, the City
of Livonia and the Wayne County Department of Public Services for the
installation of a traffic signal at the intersection of Eight Mile and
Purlingbrook, and having considered the necessity for such traffic signal
installation, the Council does hereby authorize the said traffic signal
installation, FURTHER, the Council does hereby approve of the City
assuming 25% of the installation and annual maintenance costs for such
traffic signal, and for this purpose does hereby appropriate and authorize
the expenditure of a sum not to exceed $7,300 00 from the Michigan
Transportation Fund (Major Road Account), and the Mayor and City Clerk
are hereby authorized to execute the attached agreement for and on
behalf of the City of Livonia, and the City Clerk is requested to forward a
certified copy of this resolution fo the Oakland County Road Commission.
#738-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 20, 1997, which transmits its
resolution 8-133-97 adopted on August 19, 1997, with regard to Petition
97-4-3-3, submitted by Jeffrey and Cynthia Onkka, requesting the
vacating of a portion of a 6 foot wide easement on Lot 569 of Country
Homes Subdivision #3 located on the north side of West Chicago Road,
west of Pinetree Avenue, in the Northeast 1/4 of Section 32, the Council
does hereby concur in the recommendation of the City Planning
Commission and does grant and approve the said petition, and the
Department of Law is hereby requested to prepare the necessary
vacating ordinance in accordance with this resolution.
#739-97 RESOLVED, that having considered a letter from Jill Wood,
Publicity Chairperson of the Clarenceville Athletic Boosters Club, dated
August 12, 1997, which requests permission to display wire signs
announcing the Clarenceville High School annual craft show to be held
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on Saturday, November 8, 1997, which signs are to be 14" x 22" in size
and which will be displayed at all major intersections in the City from
October 27, 1997, through November 9, 1997, the Council does hereby
grant and approve this request in the manner and form herein submitted
A communication from the Department of Law, dated August 20,1997, re
administrative response to CR 550-97 - nonconforming uses of property - was received
and placed on file for the information of the Council
#740-97 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated August 20, 1997,
approved for submission by the Mayor, and submitted pursuant to Council
Resolution 550-97 with respect to nonconforming uses of property, the
Council does hereby refer this item to the Legislative Committee for its
report and recommendation
#741-97 RESOLVED, that having considered a communication from
the Department of Law, dated August 29, 1997, approved for submission
by the Mayor, the Council does hereby authorize the Department of Law
to acquire a 27 foot strip of property, 150 feet in length, at 33612 Seven
Mile Road, owned by Dominic and Michael Soave, which land is more
particularly described as follows
The South 60 feet of the following parcel of land
Part of the S E 1/4 of Section 4, T 1 S , R. 9 E., City of Livonia,
Wayne County, Michigan, described as beginning S 89°57'10"
West, 1,176 20 feet from,the Southeast corner of Section 4,
thence S 89°57'10" West, 150 10 feet; thence N 0°05'45" East,
310 feet; thence N 89°57'10" East, 149 51 feet; thence S
0°00'50" East, 310 feet to the point of beginning Tax Parcel No
016-99-0025-000 (Seven Mile Road Right-of-Way)
subject to the following conditions
1 That the purchase price shall be in the sum of $12,150 00;
2 That the City of Livonia shall pay for the cost of title work and any
application costs in obtaining a discharge of mortgage on the
property in the sum not to exceed $1,000 00; and
3 That the City's portion of the prorated City, County, County Drain,
School and Community College taxes shall be in a sum not to
exceed $1,000 00
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BE IT FURTHER RESOLVED, that a sum not to exceed $14,150 00 is
L
hereby authorized to be expended from the $12 Million General
Obligation Road Improvement Bond Issue approved by the electorate in
1989 for the acquisition of said Seven Mile Road right-of-way; and the
City Clerk is hereby requested to do all things necessary or incidental to
the full performance of this resolution
#742-97 RESOLVED, that having considered a communication from
the Department of Law, dated August 29, 1997, approved for submission
by the Mayor, the Council does hereby authorize the Department of Law
to acquire a 27 foot strip of property, 84 feet in length, at 34680 Seven
Mile Road, owned by Gaetano Fortuna, which land is more particularly
described as follows
The South 60 feet of the following parcel of land.
Part of the Southwest 1/4 of Section 4, T 1 S , R. 9 E , City of
Livonia, Wayne County, Michigan, described as beginning at a
point on the South line of said Section 4, South 89°59'37" West,
632 56 feet from the South 1/4 corner of Section 4, thence S
89°59'37" West, 84 0 feet; thence N 00°10'55" East, 330 0 feet to
the South line of Bicentennial Estates Sub L99, P77-80, thence
North 89°59'37" East 84 0 feet, thence South 00°10'55" West
330 0 feet to POB 63 ac Subject to easements of record. (Tax
Parcel No 016-99-0025-000) Seven Mile Road Right-of-Way
subject to the following conditions
1 That the purchase price shall be in the sum of$2,268 00;
2 That the City of Livonia shall pay for the cost of title work and any
application costs in obtaining a discharge of mortgage on the
property in the sum not to exceed $1,000 00; and
3 That the City's portion of the prorated City, County, County Drain,
School and Community College taxes shall be in a sum not to
exceed $500 00
BE IT FURTHER RESOLVED, that a sum not to exceed $3,768 00 is
hereby authorized to be expended from the $12 Million General
Obligation Road Improvement Bond Issue approved by the electorate in
1989 for the acquisition of said Seven Mile Road right-of-way; and the
City Clerk is hereby requested to do all things necessary or incidental to
the full performance of this resolution
#743-97 RESOLVED, that having considered a communication from
the Department of Law, dated August 29, 1997, approved for submission
by the Mayor, the Council does hereby authorize the Department of Law
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to acquire a 27 foot strip of property, 410 feet in length, at 36075 Seven
Mile Road, owned by the Holy Transfiguration Orthodox Church, which
land is more particularly described as follows
The North 60 feet of the following described parcel
The North 658 feet of the East 140 feet of the West 1/2 of the West
1/2 of the East 1/2 of the Northeast 1/4 of Section 8, T 1 S , R. 9
E , City of Livonia, Wayne County, Michigan (Tax Parcel No 029-
99-0022-000) Seven Mile Road Right-of-Way
and
The North 60 feet of the following described parcel
The North 968 feet of the East 1/2 of the Northeast 1/4 of Section
8, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, except
for the East 60 feet and for that part herein described as beginning
at a point South 89°44'10" West, 719 50 feet (along the North line
of Section 8) and South 00°16'30" East, 608 00 feet from the
Northeast corner of Section 8, thence proceeding South 00°16'30"
East, 360 00 feet; thence South 89°44'10" West, 148 08 feet;
thence North 00°16'30" West, 261 27 feet; thence North
56°02'24", 177 96 feet to the point of beginning, Section 8, T 1 S ,
R. 9 E , City of Livonia, Wayne County, Michigan (Tax Parcel No
029-99-0021-000) Seven Mile Road Right-of-Way
subject to the following conditions
1 That the purchase price shall be in the sum of$11,070 00;
2 That the City of Livonia shall pay for the cost of title work and any
application costs in obtaining a discharge of mortgage on the
property or other closing costs in a sum not to exceed $1,000 00;
and
3 That the City's portion of the prorated City, County, County Drain,
School and Community College taxes and assessments, if any,
shall be in a sum not to exceed $430 00
BE IT FURTHER RESOLVED, that a sum not to exceed $12,500 00 is
hereby authorized to be expended from the $12 Million General
Obligation Road Improvement Bond Issue approved by the electorate in
1989 for the acquisition of said Seven Mile Road right-of-way; and the
City Clerk is hereby requested to do all things necessary or incidental to
the full performance of this resolution
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#744-97 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,
October 13, 1997, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items
(1) Petition 97-5-6-2, submitted by the City Planning Commission,
pursuant to Council Resolution 162-97, to determine whether or
not to amend Article XVIII of Zoning Ordinance 543 by adding
Section 18 34A so as to implement size restrictions on
condominiums by requiring a letter suffix designation to control
density in said zoning district, the City Planning Commission in its
resolution 8-134-97 having recommended to the City Council that
Petition 97-5-6-2 be approved, and
(2) Petition 97-5-6-3, submitted by the City Planning Commission,
pursuant to Council Resolution 195-97, to determine whether or
not to amend Section 2 10 of Article II, Section 4 03 of Article IV
and Section 10 02 of Article X of Zoning Ordinance 543 for the
purpose of establishing guidelines for bed and breakfast
establishments, the City Planning Commission in its resolution 8-
135-97 having recommended to the City Council that Petition 97-5-
6-3 be approved, and
(3) Petition 97-5-6-4, submitted by the City Planning Commission,
pursuant to Council Resolution 254-97, to determine whether or
not to amend Section 18 47(b) of Article XVIII of Zoning Ordinance
543 to require the filing of an approved color rendering for signs
where said signs require City Council and City Planning
Commission review, the City Planning Commission in its resolution
8-136-97 having recommended to the City Council that Petition 97-
5-6-4 be approved, and
(4) Petition 97-7-6-5, submitted by the City Planning Commission,
pursuant to Council Resolutions 235-97 and 563-97, to determine
whether or not to amend Section 23 05 of Article XXIII of Zoning
Ordinance 543 so as to shorten the length of time between receipt
of a petition to a recommendation being made to the City Council
by the Planning Commission from 90 days to 60 days, the City
Planning Commission in its resolution 8-137-97 having
recommended to the City Council that Petition 97-7-6-5 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
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statement indicating the (a) nature of the proposed amendments to the
Zoning Ordinance, and/or (b) location of the proposed changes of zoning
as set forth above, first to be published in the official newspaper of the
City or a newspaper of general circulation in the City of Livonia as well as
to, not less than fifteen (15) days prior to said public hearing, cause to
have 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
#745-97 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,
October 20, 1997, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 97-6-1-9, submitted by Joseph Trupiano and John D
Dinan for a change of zoning of property on the south side of
Pembroke Road between Newburgh Road and Victor Parkway in
the Southeast 1/4 of Section 6, from RUFC to OS, the City
Planning Commission in its resolution 8-130-97 having
recommended to the City Council that Petition 97-6-1-9 be
approved, and
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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and
Laura.
filo
NAYS None
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On a motion by Taylor, seconded by McGee, and unanimously adopted, it
was
#746-97 WHEREAS, the presence of hazardous materials and
pollutants in the City of Livonia, County of Wayne, Michigan, poses a
potential threat to public health and safety; and
WHEREAS, there are cost-effective practices and technologies now
readily available by which to significantly reduce the amount and toxicity
of hazardous materials initially used as well as imposed on society's
waste management capabilities, and
WHEREAS, pollution prevention benefits businesses by reducing waste
disposal fees and long-term liability, as well as the costs of chemical feed
stock materials, and
WHEREAS, there is a trend in state and federal law away from disposing
of hazardous wastes in landfills, creating a serious need for alternatives,
and
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City
Council of the City of Livonia, County of Wayne, Michigan, will encourage
and promote practices and technologies that will, in order of priority.
First, prevent the generation of pollutants at the source by reducing the
use of hazardous substances, Second, recover and recycle the remaining
wastes for reuse, and Third, treat those wastes not amenable to source
reduction or recycling so that the environment and community health are
not threatened by their ultimate disposal
On a motion by Duggan, seconded by Taylor, and unanimously adopted,
it was.
#747-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 20, 1997, which transmits its
resolution 8-132-97, adopted on August 19, 1997, with regard to Petition
97-7-2-17, submitted by Ronald Farida, Farida's Investment Group,
requesting waiver use approval to transfer an SDD license to the Trade
Vine Party Shoppe located on the south side of Six Mile Road between
Inkster Road and Rougeway Drive in the Northeast 1/4 of Section 13,
which property is zoned C-1, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 97-
7-2-17 is hereby approved and granted.
Fred Lovejoy, attorney for Rite Aid, requested the above item be postponed until
after the public hearing is held for his client re a waiver use to transfer SDD & SDM
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licenses to the Rite Aid store located at Six Mile and Inkster, stating Rite Aid had
applied first for the waiver
Elm On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#748-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 26, 1997, which transmits its
resolution 8-146-97 adopted on August 19, 1997, with regard to Petition
97-8-8-20 submitted by Gordon Food Service, Inc. requesting site plan
approval in connection with a proposal to construct a commercial building
on property located at 17700 Middlebelt Road in the Southwest 1/4 of
Section 12, 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 97-8-8-20 is
hereby approved and granted, subject to the following conditions
1 That the revised Site Plan dated August 1, 1997, prepared by
OMM Engineering Inc., which is hereby approved, shall be
adhered to,
2. That the parking lot light standards shall be no higher than 20 feet;
3 That the revised Landscape Plan marked Sheet L1 dated August
21, 1997, prepared by MHB Design Group Inc., as revised to the
satisfaction of the Planning Staff, is hereby approved and shall be
adhered to,
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 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,
6 That the revised Building Elevation Plan marked Sheet 2 dated
August 7, 1997, prepared by MHB Design Group Inc., which is
hereby approved, shall be adhered to, and
7 That the color of the building shall conform to the color rendering
previously shown to Council, and the Building Elevation Plan
marked Sheet 2, dated August 7, 1997, shall conform to that color
rendering, with the exception that the color noted thereon shall
460 conform to the color rendering
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A communication from Gordon Food Service, dated September 10, 1997,
re a color discrepancy on the elevations v the color rendering was received and
placed on file for the information of the Council
On a motion by Taylor, seconded by Duggan, it was
#749-97 RESOLVED, that having considered the report and
recommendation of the Committee of Whole, dated August 25, 1997,
submitted pursuant to Council Resolution 661-97, concerning the subject
of entering into negotiations for the possibility of additional cable
television franchises with Ameritech New Media and other cable
companies, the Council does hereby request that the Director of
Community Resources and the Cable Commission prepare a Request for
Proposal for additional cable television franchises, the same to be
thereafter submitted to Council for its consideration
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Brosnan, and Laura.
NAYS Feenstra
The President declared the resolution adopted
On a motion by Duggan, seconded by Brosnan, it was
#750-97 RESOLVED, that having considered the report and
recommendation of the Committee of Whole, dated August 25, 1997,
submitted pursuant to Council Resolution 661-97, concerning the subject
of entering into negotiations for the possibility of additional cable
television franchises with Ameritech New Media and other cable
companies, the Council does hereby refer the subject of the legal
ramifications of the preparation of a Request for Proposal for additional
cable television franchises to the Department of Law for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Brosnan, and Laura.
NAYS Feenstra
The President declared the resolution adopted
McGee gave first reading to the following Ordinance
30454
AN ORDINANCE ADDING CHAPTER 97 (THE CITY OF
LIVONIA EMPLOYEES RETIREMENT SYSTEM DEFINED
CONTRIBUTION PLAN) TO TITLE 2 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
161,
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.
A communication from the Board of Trustees of the Livonia Employees
Retirement System, dated September 3, 1997, re resolution adopted at its regular
meeting of September 3, 1997, pertaining to the proposed Defined Contribution
Retirement Plan Ordinance was received and placed on file for the information of the
Council
On a motion by Taylor, seconded by McGee, and unanimously adopted, it
was:
#751-97 RESOLVED, that having considered a communication from
the Department of Law, dated August 25, 1997, transmitting a proposed
Defined Contribution Retirement Plan Ordinance, the Council does
hereby refer this item to the Legislative Committee for its report and
recommendation
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#752-97 RESOLVED, that having considered a communication from
the Department of Law, dated August 25, 1997, transmitting a proposed
Defined Contribution Retirement Plan Ordinance, the Council does
hereby refer this item to the Board of Trustees of the Livonia Employees
Retirement System for its report and recommendation
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 15 02 OF ARTICLE XV,
AND AMENDING SUBSECTION (h) OF SECTION 11 03 OF
ARTICLE XI OF ORDINANCE NO 543, AS AMENDED, KNOWN
AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 96-10-6-6)
30455
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
Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 1 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 97-3-1-2)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein. The above
Ordinance was placed on the table for consideration at the next regular meeting.
Duggan 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 97-5-1-6)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk, and is the same as if word for word repeated herein.
Feenstra 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 Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
30456
On a motion by Taylor, seconded by Vandersloot, and unanimously
adopted, it was
#753-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 5, 1997, which transmits its
resolution 8-129-97 adopted on August 5, 1997, with regard to Petition
97-7-8-18 submitted by Communicare Health Services, requesting site
plan approval in connection with a proposal to construct an assisted living
facility on property located at 15670 Newburgh Road in the Southwest 1/4
of Section 17, 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 97-7-8-18 is
hereby approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet L1 02 dated July 22, 1997,
prepared by DSI, is hereby approved and shall be adhered to,
2 That all light standards shall be shielded from adjacent properties
and shall not exceed 20 feet in height;
3 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction of the
care facility, and the wooden enclosure gates shall be maintained
and when not in use closed at all times,
4 That the Landscape Plan marked Sheet L1 03 dated July 22, 1997,
prepared by DSI, is hereby approved and shall be adhered to,
5 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
6 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
7 That the revised Exterior Building Elevation Plans prepared by DSI,
dated July 31, 1997, are hereby approved and shall be adhered to
Taylor took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 010 OF TITLE 9,
CHAPTER 42 (USE OF PARKS AND PLAYGROUNDS) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
30457
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
A communication from the Public Service Division, dated August 15,
1997, re a request to approve increases in water and sewer rates was received and
placed on file for the information of the Council
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#754-97 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, the Director of Public
Works and the Public Utility Manager, dated August 15, 1997, approved
by the Director of Finance and approved for submission by the Mayor,
wherein it is recommended that the Council authorize increases in
existing water and sewer rates, the Council does hereby refer this item to
the Water, Sewer and Waste Committee for its report and
recommendation.
A communication from the Engineering Division, dated September 5,
1997, re additional information on the award of the contract for the 1997 Tennis Court
Reconstruction project was received and placed on file for the information of the
Council.
On a motion by Taylor, seconded by Brosnan, it was
#755-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated August 5, 1997,
which bears the signature of the Director of Finance, is approved by the
Superintendent of Parks and Recreation, and approved for submission by
the Mayor, the Council does hereby accept the unit price bid of S & J
Asphalt Paving Company, 39571 Michigan Avenue, Canton, Michigan
48188, for completing all work required in connection with the 1997
Tennis Court Reconstruction (Contract 97-M) for the estimated total cost
30458
of $61,949 35 based upon the Engineering Department's estimate of units
involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, FURTHER,
the Council does hereby authorize the expenditure of a sum not to exceed
$61,949 35 from funds already budgeted in Account No 101-707-974-000
(Capital Outlay - Land Improvement) for this purpose, and the Director of
Public Works is hereby authorized to approve minor adjustments in the
work as it becomes necessary; and the Mayor and City Clerk are hereby
authorized to execute a contract for and on behalf of the City of Livonia
with the aforesaid bidder and to do all other 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 Vandersloot, McGee, Taylor, Duggan, Brosnan, and Laura.
NAYS Feenstra
The President declared the resolution adopted
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was.
#756-97 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated August 26, 1997,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 596-97, and the report and recommendation of the Director of
Public Works - Engineering Division, dated August 11, 1997, approved for
submission by the Mayor, regarding a request from Northwest Airlines to
change their address from 38905 Six Mile Road to "One Northwest Road,"
the Council does hereby concur in the recommendation of the Department
of Law and the Engineering Division of the Department of Public Works
and does hereby concur in naming said private roadway to "Northwest
Road" with the address of Northwest Airlines to be "One Northwest Road"
and directs the Department of Public Works to take all necessary action
to effectuate this resolution, FURTHER, the Council does hereby request
the City Clerk to forward a certified copy of the same to the Michigan
Auditor General, to the 911 Communication System Operator, and to
further have a certified copy of this resolution recorded in the Office of the
Wayne County Register of Deeds, together with his certificate indicating
the name or names of any plat, subdivision or addition affected by this
resolution, as well as do all other things necessary or incidental to the full
performance of this resolution
30459
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#757-97 RESOLVED, that having considered the report and
recommendation of the Planning Commission, dated August 8, 1997,
submitted pursuant to Council Resolution 359-96, regarding the subject of
trees blocking signage and a possible replacement schedule for such
trees and/or the need for a possible amendment to the Sign Ordinance,
the Council does hereby refer this subject and the question of who has
responsibility for pruning and who makes the determination regarding
removal or alteration of trees and plant material, to the Department of Law
for its report and recommendation
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#758-97 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 394,
more particularly described in Council Resolution 608-97 adopted on July
21, 1997, as required by the provisions of the City Charter and Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, the City
Council has duly met and reviewed the special assessments levied in the
special assessment roll prepared by the City Assessor to cover the district
in which street lighting is to be installed, such roll having been prepared
on the basis of street lighting being installed in Caliburn Estates
Subdivision No 3 in the Northwest 1/4 of Section 8 in said Special
Assessment District No 394,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does
hereby determine to install street lighting consisting of the installation of
100-watt high pressure sodium lights on colonial post top poles with
underground wiring in the Caliburn Estates Subdivision No 3 in the
Northwest 1/4 of Section 8 and that the assessments set forth in said
Special Assessment District No 394 Roll are fair and equitable and
based upon benefits derived in said district, in accordance with the plans
of the City Engineer and resolutions of the City Council, said Special
Assessment Roll No 394 based on the installation of 100-watt high
pressure sodium lights on colonial post top poles with underground wiring
in the Caliburn Estates Subdivision No 3 in the Northwest 1/4 of Section
8 is hereby approved and confirmed in all respects, pursuant to the
provisions of Section 3 08 130 of the Livonia Code of Ordinances, as
amended, the City Clerk shall endorse the date of confirmation on the
Assessment Roll, and the assessment roll shall then be immediately
transmitted to the City Treasurer who shall take such further action as set
forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as
amended, and the City Clerk is hereby authorized to execute a Municipal
30460
Street Lighting Agreement for this purpose, and FURTHER, a sum not to
exceed $10,500 00 is hereby authorized from the cash payments posted
by the developer of the Caliburn Estates Subdivision No 3 in order to
defray the Detroit Edison contribution-in-aid costs connected with this
street light installation project.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#759-97 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 395,
more particularly described in Council Resolution 609-97 adopted on July
21, 1997, as required by the provisions of the City Charter and Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, the City
Council has duly met and reviewed the special assessments levied in the
special assessment roll prepared by the City Assessor to cover the district
in which street lighting is to be installed, such roll having been prepared
on the basis of street lighting being installed in the Caliburn Manor
Subdivision No 3 in the Northeast 1/4 of Section 7 in said Special
Assessment District No 395,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does
hereby determine to install street lighting consisting of the installation of
100-watt high pressure sodium lights on colonial post top poles with
underground wiring in the Caliburn Manor Subdivision No 3 in the
Northeast 1/4 of Section 7 and that the assessments set forth in said
Special Assessment District No 395 Roll are fair and equitable and
based upon benefits derived in said district, in accordance with the plans
of the City Engineer and resolutions of the City Council, said Special
Assessment Roll No 395 based on the installation of 100-watt high
pressure sodium lights on colonial post top poles with underground wiring
in the Caliburn Manor Subdivision No 3 in the Northeast 1/4 of Section 7
is hereby approved and confirmed in all respects, pursuant to the
provisions of Section 3 08 130 of the Livonia Code of Ordinances, as
amended, the City Clerk shall endorse the date of confirmation on the
Assessment Roll, and the assessment roll shall then be immediately
transmitted to the City Treasurer who shall take such further action as set
forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as
amended, and the City Clerk is hereby authorized to execute a Municipal
Street Lighting Agreement for this purpose, and FURTHER, a sum not to
exceed $6,100 00 is hereby authorized from the cash payments posted by
the developer of the Caliburn Manor Subdivision No 3 in order to defray
the Detroit Edison contribution-in-aid costs connected with this street light
installation project.
Duggan left the podium at 8 58 p m. due to a conflict of interest, as he represents the
developer of the next two (2) agenda items
30461
On a motion by Feenstra, seconded by Taylor, it was
#760-97 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 396,
more particularly described in Council Resolution 610-97 adopted on July
21, 1997, as required by the provisions of the City Charter and Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, the City
Council has duly met and reviewed the special assessments levied in the
special assessment roll prepared by the City Assessor to cover the district
in which street lighting is to be installed, such roll having been prepared
on the basis of street lighting being installed in the Lakeside Estates
Subdivision in the Southeast 1/4 of Section 33 in said Special
Assessment District No 396,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does
hereby determine to install street lighting consisting of the installation of
100-watt high pressure sodium lights on 18' high Hallbrook poles with
underground wiring in the Lakeside Estates Subdivision in the Southeast
1/4 of Section 33, and that the assessments set forth in said Special
Assessment District No 396 Roll are fair and equitable and based upon
benefits derived in said district, in accordance with the plans of the City
Engineer and resolutions of the City Council, said Special Assessment
Roll No 396 based on the installation of 100-watt high pressure sodium
lights on 18' high Hallbrook poles with underground wiring in the Lakeside
Estates Subdivision in the Southeast 1/4 of Section 33 is hereby
approved and confirmed in all respects, pursuant to the provisions of
Section 3 08 130 of the Livonia Code of Ordinances, as amended, the
City Clerk shall endorse the date of confirmation on the Assessment Roll,
and the assessment roll shall then be immediately transmitted to the City
Treasurer who shall take such further action as set forth in Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, and the City
Clerk is hereby authorized to execute a Municipal Street Lighting
Agreement for this purpose, and FURTHER, a sum not to exceed
$5,000 00 is hereby authorized from the cash payments posted by the
developer of the Lakeside Estates Subdivision in order to defray the
Detroit Edison contribution-in-aid costs connected with this street light
installation project.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, McGee, Taylor, Feenstra, Brosnan, and Laura.
NAYS None
The President declared the resolution adopted
On a motion by Taylor, seconded by Brosnan, it was
30462
#761-97 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 397,
more particularly described in Council Resolution 611-97 adopted on July
21, 1997, as required by the provisions of the City Charter and Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, the City
Council has duly met and reviewed the special assessments levied in the
special assessment roll prepared by the City Assessor to cover the district
in which street lighting is to be installed, such roll having been prepared
on the basis of street lighting being installed in the Sunset Subdivision in
the Northwest 1/4 of Section 2 in said Special Assessment District No
397,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does
hereby determine to install street lighting consisting of the installation of
100-watt high pressure sodium lights on 18' high Hallbrook poles with
underground wiring in the Sunset Subdivision in the Northwest 1/4 of
Section 2 and that the assessments set forth in said Special Assessment
District No 397 Roll are fair and equitable and based upon benefits
derived in said district, in accordance with the plans of the City Engineer
and resolutions of the City Council, said Special Assessment Roll No 397
based on the installation of 100-watt high pressure sodium lights on 18'
high Hallbrook poles with underground wiring in the Sunset Subdivision in
the Northwest 1/4 of Section 2 is hereby approved and confirmed in all
respects, pursuant to the provisions of Section 3 08 130 of the Livonia
Code of Ordinances, as amended, the City Clerk shall endorse the date of
confirmation on the Assessment Roll, and the assessment roll shall then
be immediately transmitted to the City Treasurer who shall take such
further action as set forth in Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, and the City Clerk is hereby authorized to
execute a Municipal Street Lighting Agreement for this purpose, and
FURTHER, a sum not to exceed $4,500 00 is hereby authorized from the
cash payments posted by the developer of the Sunset Subdivision in
order to defray the Detroit Edison contribution-in-aid costs connected with
this street light installation project.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, McGee, Taylor, Feenstra, Brosnan, and Laura.
NAYS None
The President declared the resolution adopted
Duggan returned to the podium at 9.00 p m
30463
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#762-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 2, 1997, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and is approved for submission by the Mayor, in
connection with the 1997 Concrete Pavement and Catch Basin Repair
Program (Contract 97-N), the Council does hereby authorize Change
Order No 2 in the amount of $266,488 00 to Contract 97-N payable to G
V Cement Contracting Company, 2000 Dix-Toledo Road, Brownstown,
Michigan 48183, for pavement repair of the eastbound Schoolcraft service
drive at Middlebelt Road as indicated in the aforementioned report and
recommendation, FURTHER, the Council does hereby appropriate and
authorize the expenditure of such amount from the Unexpended fund
Balance of the Major Street Fund to Account No 202-463-818-119 for this
purpose, such amount to be subsequently reimbursed by the Michigan
Department of Treasury
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was.
#763-97 RESOLVED, that having considered a communication from
Councilmember Gerald D Taylor, dated September 4, 1997, and the
report and recommendation of the Chief of Police, dated August 27, 1997,
with respect to the approval of a Class C liquor license application from
the Michigan Liquor Control Commission in the name of Mesquite, Inc. for
a restaurant located at 13800 Middlebelt, the Council does hereby repeal
and rescind Council Resolutions 245-97 and 425-97
Jim McCann, Attorney at Law, spoke on behalf of the petitioner, requesting that
Council reconsider this matter
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#764-97 RESOLVED, that having considered a letter dated March 5,
1997, from James C McCann, Attorney at Law, representing Michael
Hamilton, President of Mesquite, Inc., and a subsequent communication
from James C McCann, dated March 17, 1997, requesting approval of an
application for a new full-year, on-premise Michigan Liquor Control
Commission Class C liquor license (licensees to be Michael I Hamilton
and Robert J Bernardi) for a restaurant to be located at 13800 Middlebelt
Road, Livonia, Michigan, Wayne County, the Council does hereby take
this means to advise the Michigan Liquor Control Commission that the
30464
City denies the said request and would not recommend that the said
application be approved by the Michigan Liquor Control Commission for
the following reasons
1 The applicant lacks sufficient general management experience as
well as management experience in the alcoholic liquor business,
2 The applicant's source of business capital is indeterminate, in
apparent violation of Liquor Control Commission Rule 436 1121,
and
3 Concerns for the health, welfare, and safety of the general public
are raised by the applicant's recital that he has worked in liquor
establishments operated by his parents, in view of the fact that at
least one such establishment has an extensive record of liquor rule
violations,
and the City Clerk is hereby requested to forwarding a certified copy of
this resolution to the Michigan Liquor Control Commission
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was.
#765-97 RESOLVED, that having considered letters dated May 5,
1997, and March 5, 1997, from James C McCann, Attorney at Law,
representing Michael Hamilton, President of Mesquite, Inc., and an
additional communication from James C McCann, dated March 17, 1997,
requesting approval of an application for a new full-year, on-premise
Michigan Liquor Control Commission Class C liquor license (license to be
issued in the name of Mesquite, Inc.) for a restaurant to be located at
13800 Middlebelt Road, Livonia, Michigan, Wayne County, the Council
does hereby take this means to advise the Michigan Liquor Control
Commission that the City denies the said request and would not
recommend that the said application be approved by the Michigan Liquor
Control Commission for the following reasons
1 The applicant lacks sufficient general management experience as
well as management experience in the alcoholic liquor business,
2 The applicant's source of business capital is indeterminate, in
apparent violation of Liquor Control Commission Rule 436 1121,
and
3 Concerns for the health, welfare, and safety of the general public
e"' are raised by the applicant's recital that he has worked in liquor
establishments operated by his parents, in view of the fact that at
30465
least one such establishment has an extensive record of liquor rule
violations,
and the City Clerk is hereby requested to forwarding a certified copy of
this resolution to the Michigan Liquor Control Commission
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was:
#766-97 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.
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was:
#767-97 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 7, 1997, and the report
and recommendation of the Chief of Police, dated August 21, 1997,
approved for submission by the Mayor, the Council does hereby approve
of the request from Wing-Yee's Restaurant Corporation to transfer
location of a 1997 Class C licensed business from 37097 West Six Mile
Road, Livonia, Michigan 48152, Wayne County, to 37273 West Six Mile
Road, Livonia, Michigan 48152, Wayne County, pending final inspection;
and the City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission.
No one from the audience wished to speak at this time
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,352nd Regular Meeting of the Council of the City of Livonia was
adjourned at 916 p m , September 10, 1997
Joa cCotter, City Clerk