HomeMy WebLinkAboutCOUNCIL MINUTES 2000-08-30 32495
MINUTES OF THE ONE THOUSAND FOUR HUNDRED TWENTY-THIRD
REGULAR MEETING OF AUGUST 30, 2000
On August 30, 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 Engebretson delivered the invocation and asked
for a moment of silence in remembrance of William Hoffecker, who passed away on
August 22, 2000 Mr Hoffecker is the father of Karen Szymula, Director of Legislative
Affairs He was a veteran of both World War II and the Korean conflict, a retiree from
the Detroit Police Department and was active in many community organizations, both in
Michigan and Florida
Roll was called with the following result: Jack Engebretson, Val I
Vandersloot, John Walsh, Brian Duggan, Joe Laura and Maureen Miller Brosnan
Absent: John Pastor
Elected and appointed officials present. Jack E Kirksey, Mayor; Robert
Beckley, Director of Public Works, Robert Schron, City Engineer; Mark Taormina, City
Planner; Jeff Bryant, Economic Development Manager; Sean Kavanagh, City Attorney;
Karen Tesner, Assistant City Clerk, Ron Reinke, Superintendent of Parks and
Recreation, Linda McCann, Director of Community Resources and Jeanne Treff,
Administrative Assistant— Cable Division
On a motion by Vandersloot, seconded by Laura, it was
CR 639-00 RESOLVED, that the minutes of the 1,422nd Regular
Meeting of the Council held August 16, 2000 are hereby approved as
submitted
AYES Engebretson, Vandersloot, Laura and Brosnan
NAYS None
PRESENT Walsh and Duggan
32496
Council President Brosnan gave a corrected date of Wednesday, October
4, 2000 at 7 00 p m for Public Hearings to be held on the following petitions Petition
00-4-1-8 by Leo Soave Building Company, Petition 00-5-1-9 by J & S Evangelista
Development Company, and Petition 00-5-2-19 by Jeffrey Scott for Wendy's
Council President Brosnan congratulated the City's Finance Director, Mike
Slater and his wife, Mary, on the birth of their daughter, Amanda, born on August 30,
2000
A communication from the Finance Department, dated August 21, 2000,
re forwarding various financial statements of the City of Livonia for the month ending
July 31, 2000, was received and placed on file for the information of the Council
A communication from the Public Service Division, dated August 25, 2000,
re references submitted by Millennium Industrial Coatings, Inc , the low bidder for
painting at Greenmead Complex, was received and placed on file for the information of
the Council (Agenda Item #13)
A communication from the Public Service Division, dated August 25, 2000,
re the methodology employed by county work crews when "cold patching" potholes
and how City of Livonia procedures may differ, especially on the compacting of the
material used, was received and placed on file for the information of the Council
(Agenda Item #14)
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
CR 640-00 RESOLVED, that having considered an application from
Elmira Simpson, 14217 Ramblewood, dated August 2, 2000, requesting
permission to close Ramblewood between Perth and Scone on Saturday,
September 9, 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, September 16, 2000, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
32497
CR 641-00 RESOLVED, that having considered an application from
Nimoza Favazza, 14052 Cranston, dated August 7, 2000, requesting
permission to close Cranston between Perth and Scone on Saturday,
September 16, 2000, from 3 00 p m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, September 17, 2000, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
CR 642-00 RESOLVED, that having considered an application from
Dennis M Carroll, 16060 Swathmore Court North, dated August 8, 2000,
requesting permission to close Swathmore Court North between the
intersection of Swathmore Court North and Swathmore on Saturday,
September 23, 2000, from 2 00 p m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the approval of
the Police Department.
CR 643-00 RESOLVED, that having considered an application from
JoAnn Gudeman, 15667 Gary Lane, dated August 14, 2000, requesting
permission to close Roycroft between Ellen and Gary Lane on Saturday,
September 9, 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.
CR 644-00 RESOLVED, that having considered a letter from Diana
Giordano, Vice President of SEPA, and JoAnn Sopko, Member at Large of
SEPA, representing St. Edith School, dated August 14, 2000, which
requests permission to display 105 signs announcing their fall craft show
to be conducted on Saturday, November 11, 2000, which signs are to be
22"x30", 22"x14" and one 40"x30" in size, and which will be displayed at
all major intersections of the City from November 5, 2000, through
November 12, 2000, the Council does hereby approve and grant this
request in the manner and form herein submitted
CR 645-00 RESOLVED, that having considered a communication from
the City Assessor, dated July 24, 2000, approved for submission by the
Mayor, with regard to a request from Mr Dan McCully, 9046 Hartel,
Livonia, Michigan 48150, and Mr Martin Striks, 9026 Hartel, Livonia,
Michigan 48150, and in accordance with the provisions of 1967 PA 288,
as amended, as well as Section 18 46 of Ordinance 543, as amended, the
Council does hereby approve of the proposed division and combination of
Tax Item Nos 46-143-01-0014-000, 46-143-01-0015-000 and 46-143-01-
32498
0016-001 into two (2) parcels, the legal descriptions of which shall read as
follows
PARCEL A
All of Lot 16 & North 12' of Lot 15 of Newman Joy Road Subdivision Pt. of
S W 1/4 Section 36 T 1S , R. 9 3, City of Livonia, Wayne County, Michigan,
as recorded in L. 66 of Plats on Page 19 Wayne County Records
PARCEL B
Lot 15 except the North 12' thereof, all of Lot 14 of Newman Joy Road
Subdivision Pt. Of Section 36, T 1 S , R 9E City of Livonia, Wayne
County, Michigan as recorded in L 66 of Plats on Page 19 Wayne County
Records
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
CR 646-00 RESOLVED, that having considered a communication from Mr
Brian Foresta, 14163 Stamford Street, dated August 1, 2000, and before
determining to pave Stamford Street, north of Schoolcraft Road, in the
Southeast 1/4 of Section 21 , in the City of Livonia, th e cost of which is to be
defrayed by special assessment, the City Engineer is hereby requested to
ascertain the assessed valuation of all property affected by the proposed
improvement, the number of parcels which show tax delinquencies, the number
of parcels owned by public authorities, the number of parcels which are now
vacant, and to prepare and cause to be prepared, plans and specifications
therefor and an estimate of the cost thereof, and to file the same with the City
Clerk together with his recommendation as to what proportion of the cost
should be paid by special assessment and what part, if any, should be a
general obligation of the city, the number of installments in which assessments
may be paid and the lands which should be included in the proposed special
assessment district, pursuant to the provisions of Section 3 08 060 of the
Livonia Code of Ordinances, as amended
A communication from the Inspection Department, dated August 11, 2000, re -
Administrative Response - site inspection of Lutheran Heritage Village, 33600 Luther Lane,
relative to their compliance of having evergreens planted in various locations, was received
and placed on file for the information of the Council (CR 668-99)
CR 647-00 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated June 21, 2000, and the report
32499
and recommendation of the Chief of Police, dated July 28, 2000, approved
for submission by the Mayor, the Council does hereby approve of the
request from Nissan Kashat Incorporated for transfer of ownership of a
2000 SDM licensed business from Sheldon Center Store, Inc for a
business located at 10940 Farmington Road, Livonia, Michigan 48150,
Wayne County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
CR 648-00 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated August 4, 2000, regarding
the implementation of the replacement of the Police Department's
computer system infrastructure, the Council does hereby refer the subject
of the Mobile and Stationary Information System for the Livonia Division of
Police to the Capital Improvement Committee for a presentation by the
Police Department.
CR 649-00 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 10, 2000, which
bears the signature of the Director of Finance, is approved by the City
Attorney and approved for submission by the Mayor, and to which is
attached a proposed agreement for shuttle services to Ann Arbor and
Ypsilanti hospitals for senior and disabled residents of Livonia between
the City of Livonia and HelpSource, 3879 Packard, Ann Arbor, Michigan
48108, for the period July 1 , 2000 through June 30, 2001, the Council
does, for and on behalf of the City of Livonia, authorize the Mayor and City
Clerk to execute the said Agreement in the manner and form herein
submitted, FURTHER, the Council does hereby authorize the Mayor and
City Clerk to execute an Agreement with SMART for support of this
program, provided that the Agreement is approved as to form by the
Department of Law; FURTHER, the Council does hereby waive, to the
extent applicable, such licensing requirements as may be prescribed in
the Livonia Code of Ordinances with respect to the services being
provided herein
CR 650-00 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 8, 2000, which bears
the signature of the Director of Finance, is approved by the City Attorney
and approved for submission by the Mayor, and to which is attached a
proposed Fiscal Year 2001 Municipal Credit and Community Credit
Contract between the City of Livonia and SMART, the Council does
hereby authorize the Mayor and City Clerk to execute the Municipal Credit
and Community Credit Contract for and on behalf of the City of Livonia for
Fiscal Year 2001 and to do all other things necessary or incidental to the
full performance of this resolution
32500
CR 651-00 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager, Director of Public Works
and the Director of Community Resources, dated August 11, 2000, 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 MILLENNIUM PAINTING, INC , 24401 GROESBECK, WARREN,
MICHIGAN 48089, FOR COMPLETING ALL WORK IN CONNECTION
WITH THE PAINTING OF THE CHURCH, HILL HOUSE MUSEUM AND
WOODEN FENCING AT THE GREENMEAD COMPLEX AS SHOWN ON
THE ATTACHMENT IN THE TOTAL AMOUNT OF $25,975 00, THE
SAME HAVING BEEN IN FACT THE LOWEST BID RECEIVED AND
MEETS ALL SPECIFICATIONS, and the Director of Public Works is
hereby authorized to approve minor adjustments in the work as it
becomes necessary; FURTHER, the Council does hereby waive the bid
bond irregularity for the reasons set forth in the aforementioned report and
recommendation
CR 652-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated August 8, 2000,
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
Spaulding Mfg , Inc , 5366 East Road, Saginaw, Michigan 48601, for
supplying the Public Service Division (Equipment Maintenance Section)
with one (1) Asphalt Hauler/Reclaimer for a total price of $17,500 00, the
same having been in fact the lowest and only bid received and meets
specifications
CR 653-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated August 10, 2000,
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
Forklifts of Detroit - South, 35777 Genron Court, Romulus, Michigan
48174, for supplying the Public Service Division (Equipment Maintenance
Section) with one (1) Rough Terrain Forklift for a net price of $46,000 00,
based on a total price of $47,500 00 less trade-in of $1,500 00, the same
having been in fact the lowest and only bid received and meets
specifications
CR 654-00 WHEREAS, the City of Livonia has received a request from
Paul E Hatcher, President, Oliver/Hatcher Construction & Development,
Inc , dated August 11, 2000, proposing the establishment of an industrial
development district; and
WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended,
this Council has authority to establish industrial development districts
within the boundaries of the City of Livonia, and
32501
WHEREAS, there is located within the boundaries of the City of Livonia an
area of approximately 7 53 acres lying in the North 1/2 of Section 25 as
more particularly described in the attachment to the application which is
hereby incorporated by reference and which is hereinafter referred to as
"Proposed City of Livonia Industrial Development District No 81,"
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows
1 The City Clerk is directed to give written notice by certified mail of
this action to all owners of real property within the boundaries of
Proposed City of Livonia Industrial Development District No 81
2 This City Council sets Wednesday, October 18, 2000, at 7 00 p m
as the date for the holding of a public hearing on the question of
whether this City Council should establish the Industrial
Development District described above
3 This City Council directs the City Clerk to provide notice, as
required by law, of the public hearing fixed above, so that all
residents or taxpayers of the City of Livonia shall be afforded an
opportunity to be heard on the question of establishing the
Industrial Development District described above
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Engebretson, Vandersloot, Walsh, Duggan, Laura and Brosnan
NAYS None
Background information on their company submitted by Medical
Management Systems of Michigan, Inc , 1701 Lake Lansing Road, Suite 100, Lansing,
MI 48912, at the Committee of the Whole Meeting held on August 23, 2000, was
received and placed on file for the information of the Council (CR 67-00)
A communication from AccuMed Billing, Inc , P 0 Box 2122, Riverview,
MI 48192, dated August 29, 2000 re their wish to present additional background on
their company to the City Council, was received and placed on file for the information of
the Council
32502
A communication from Per-Se Technologies, 44000 Garfield Road, Clinton
Township, MI 48038, dated August 30, 2000 re their disappointment with the Council's
decision not to choose their company for the Ambulance Billing and Collections
contract, was received and placed on file for the information of the Council
A communication from Per-Se Technologies, 44000 Garfield Road,
Clinton Township, MI 48038, dated August 24, 2000, re a revised quotation for the
Ambulance Billing and Collections contract, was received and placed on file for the
information of the Council
A communication from AccuMed Billing, Inc., P 0 Box 2122, Riverview,
MI 48192, dated August 24, 2000 re delineated accounting of an EMS industry-related
issue from the American Ambulance Association, 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
CR 655-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 23, 2000,
submitted pursuant to Council Resolution 67-00, with regard to proposals
received for billing and collection services for EMS transports provided by
the Livonia Fire Department, the Council does hereby accept the proposal
of Medical Management Systems of Michigan, Inc , 1701 Lake Lansing
Road, Suite 100, Lansing, Michigan 48912, for providing ambulance billing
services for a two (2) year period commencing October 1, 2000 through
September 30, 2002, for a sum equal to ten (10%) percent of the actual
amount collected to be paid from amounts already budgeted in the Fire
Administration budget in Account No 101-336-818-33 for this purpose,
FURTHER, the Council does hereby authorize the action herein without
competitive bidding in accordance Section 3 04 140D2 of the Livonia
Code of Ordinances, as amended, and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia, to execute a
32503
contract with the aforesaid company and to do all other things necessary
or incidental to the full performance of this resolution
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
CR 656-00 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated August 29,
2000, submitted pursuant to Council Resolution 402-96, in connection with
a proposed contract with Fanning/Howey Associates, Inc to provide
architectural services for the ice arena expansion and renovation at Eddie
Edgar Ice Arena, the Council does hereby repeal and rescind Council
Resolution 619-00
On a motion by Engebretson, seconded by Duggan, and unanimously
adopted, it was
CR 657-00 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated August 29,
2000, submitted pursuant to Council Resolution 402-96, in connection with a
proposed architectural design contract with Andrus Architecture, attached
thereto (the "Contract"), the Council does hereby accept the proposal of
Andrus Architecture/JRV Management, 355 Northland Drive, Suite B2,
Rockford, Michigan 48341, to provide architectural services for the Ice Arena
Expansion and Renovation at Eddie Edgar Ice Arena pursuant to the contract
in the amount of $217,450 00, FURTHER, the Council does hereby
appropriate and authorize the expenditure of the sum of $217,450 00 from
Fund 408 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
the Contract and to do all things necessary or incidental to the full
performance of this resolution, FURTHER, the Council does hereby authorize
such action without competitive bidding in accordance with Section
3 04 140D2 and D4 of the Livonia Code of Ordinances, as amended
James Cole, representative of Etkin Skanska Construction Company, the
Construction Manager for the Community Center and Expansion and Renovation of Eddie
Edgar Ice Arena, stated that his firm and Andrus Architecture have worked together in the
past and feels they will be successful in this project.
Robert Andrus, representative of Andrus Architecture, informed the Council
that his firm has a good background for the Ice Arena Project since they have worked on 15
different ice rink projects
32504
Jack Vivian, representative of JRV Management, spoke to the Council and
stated that his firm and Andrus Architecture would make a good team for the Eddie Edgar
Ice Rink Project.
Councilmember Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 27 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 00-3-1-4)
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'vvoru repeated herein
Councilmember Duggan 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 Engebretson, Vandersloot, Walsh, Duggan, Laura and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Charlotte Mahoney, representative from Detroit Edison, 8001 Haggerty
Road, Belleville, MI was present at the meeting and thanked the Council members for
their expeditious handling of the rezoning of property on Glendale where a Detroit
Edison substation will be built.
Councilmember Walsh took from the table, for second reading
and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTIONS 010 AND
020 OF TITLE 5, CHAPTER 66 (PEDDLERS,
TRANSIENT MERCHANTS AND SOLICITORS) OF
THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
32505
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Engebretson, Vandersloot, Walsh, Duggan, Laura and
Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Duggan, seconded by Walsh, it was
CR 658-00 RESOLVED, that having considered a communication from the
City Assessor, dated August 7, 2000, approved for submission by the Mayor,
with regard to a request from Mr Kenneth Hunt, 19006 Stamford, 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 and combination of
Tax Item Nos 46-033-01-0007-000, 46-033-01-0380-000 and 46-033-01-
0381-000 into two (2) parcels, the legal descriptions of which shall read as
follows
Parcel "A"
Lot 382 & the South 18 feet of Lot 381 of "Seven Mile Super Highway
Subdivision" Part of the East 1/2 of the Northeast 1/4 of Section 9, Town 1
South, Range 9 East, Livonia Township (now City of Livonia), Wayne
County, Michigan, as recorded in Liber 53, Page 50, Wayne County
Records
Parcel "B"
Lots 7, 8, 9, 10, 11, 12, 13 & the North 1/2 of adjacent
vacated alley and Lot 380 & the South 1/2 of adjacent vacated alley and the
North 32 00 feet of Lot 381 of "Seven Mile Super Highway Subdivision",
part of the East 1/2 of the Northeast 1/4 of Section 9, Town 1 South, Range
9 East, Livonia Township (now City of Livonia), Wayne County, Michigan,
as recorded in Liber 53, Page 50, Wayne County Records
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
32506
LOT RESULTING FROM SUCH SPLIT, NONE OF SAID LOTS MAY
BE SOLD, LEASED OR TRANSFERRED
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson, Walsh, Duggan and Laura
NAYS Vandersloot and Brosnan
The President declared the resolution duly adopted
On a motion by Vandersloot, seconded by Duggan and unanimously
adopted, it was
CR 659-00 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 21, 1999, and the
report and recommendation of the Chief of Police, dated July 28, 2000,
approved for submission by the Mayor, with regard to an application from
Arbor Drugs, Inc to transfer location of 1999 SDD and SDM licensed
business with Sunday Sales Permit from 29598 Seven Mile Road, Livonia,
Michigan 48152, Wayne County, to 19190 Middlebelt, Livonia, Michigan
48154, Wayne County, and change nature of business to include a drive-
up window, the council does hereby determine that it has no objection to
approval of the said request inasmuch as the same would meet all local
statutory and ordinance requirements, provided that petitioner shall post
signs at the drive-up windows indicating that no alcohol shall be sold at
said windows, and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Liquor Control Commission
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
CR 660-00 RESOLVED, that having considered a communication from
Councilmember Joe Laura, dated August 7, 2000, with respect to the
request from Scott Larkins, dated April 5, 2000, requesting the installation
of sidewalks on Lyndon from the Western Golf Estates Subdivision to
Adams Elementary School, the Council does hereby repeal and rescind
Council Resolution 319-00
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
32507
CR 661-00 RESOLVED, that having considered a request from Scott
Larkins, dated April 5, 2000, requesting the installation of sidewalks on
Lyndon from the Western Golf Estates Subdivision to Adams Elementary
School, the Council does hereby determine to take no further action with
respect to this matter
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
CR 662-00 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated August 7, 2000, approved for submission by the Mayor, and
communications from Brashear, Tangora and Spence, L.L.P , on behalf of
Concord Properties, L L C and Livonia Building Materials Co , dated
January 11, 2000, and February 4, 2000, requesting a special assessment
district to lengthen and pave Concord Road between Stark Road and a
point 600 feet to the east in the City of Livonia, the Council does hereby
refer this matter to the Streets, Roads and Plats Committee for its report
and recommendation
At the direction of the Chair, the next item was moved to the Regular Council Meeting of
September 13, 2000 (Petition 99-9-1-15)
A communication from Mr & Mrs S Karakula, 30880 Fargo St. Livonia,
MI 48152, re their opposition to the rezoning of property located immediately west of
Sunset Subdivision between Fargo and Eight Mile Road from RUF to R-3 (Rural Urban
Farm — 1/2 acre lots to One Family Residential — 80' x 120' Lots) was received and
placed on file for the information of the Council (Petition 99-9-1-15) (CR 215-00)
A communication from William Craig, 20050 Milburn, Livonia, re his
opinion that the rezoning of property located immediately west of Sunset Subdivision
between Fargo and Eight Mile Road from RUF to R-3 should instead be rezoned
from RUF to R-4, was received and placed on file for the information of the Council
(Petition 99-9-1-15) (CR 215-00)
32508
A communication from Fulcrum Real estate, L L C./Wintergarden Tavern,
L.L C , dated August 18, 2000, re their request for approval of the site plan and
waiver use for Wintergarden Tavern, 33326 W Seven Mile Road, Livonia, was
received and placed on file for the information of the Council (Petition 00-2-2-5
Petition 00-6-8-9)
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, it was
CR 663-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 3, 2000, which transmits its
resolution 7-151-2000 adopted on July 25, 2000, with regard to Petition
00-6-8-9, submitted by Wintergarden Tavern, L L C , requesting site plan
approval in connection with a proposal to construct a parking lot on
property located at 33326 Seven Mile Road in the Southwest 1/4 of
Section 3, pursuant to the provisions set forth in Section 18 47 of
Ordinance No 543, as amended, the Council does hereby refer this
matter to the Committee of the Whole for its report and recommendation
A communication from the Planning Department, dated August 29, 2000
re the ownership by D&G Heating of the building where Hellenic Bakery is located and
seven parking spaces, (part of Lot 87 and Lot 88 of Westmore Subdivision) was
received and placed on file for the information of the Council (Petition 00-6-8-9)
A communication from the Planning Department, dated August 24, 2000,
re the question of whether a masonry protective wall should be built along the east and
north property lines of Wintergarden Tavern, L L C (Lot 88 of Westmore Subdivision),
was received and placed on file for the information of the Council (Petition 00-6-8-9)
A revised site plan for the Wintergarden Tavern, L L C property, 33326 W
Seven Mile Road, Livonia, dated August 25, 2000, was received and placed on file
for the information of the Council (Petition 00-6-8-9)
Kr.V15r.11 UK 004-VU Yeticlon 1t
32509
A revised site plan for the Wintergarden Tavern L L C property, 33326 W
Seven Mile Road, Livonia, dated August 25, 2000, along with a cover letter dated
August 28, 2000 re a meeting between Fulcrum Real Estate L L C./Wintergarden
Tavern L.L C and their neighbors, was received and placed on file for the
information of the Council (Petition 00-6-8-9)
An e-mail communication from Ken Opperhall, 19130 Westmore, Livonia,
MI 48152, re his reasons for opposing the expansion of Wintergarden Tavern
L L.0 , was received and placed on file for the information of the Council (Petition
00-6-8-9)
On a motion by Laura, seconded by Engebretson, and unanimously
adopted, it was
CR 664-00 RESOLVED, that the Council does hereby refer to
Administration (Law, Inspection and Planning) for reports and
recommendations regarding parking lots at Fat Willie's and Wintergarden
Tavern,L.L C , located at Seven Mile and Farmington Roads in the
Southwest 1/4 of Section 3, giving provisions for methods of improving their
parking lots (Petition 00-6-8-9)
A communication from Planning, dated August 9, 2000, re their approval
of a parking lot plan that will provide for 16 additional parking spaces to be constructed
on a lot currently owned by the Petitioner (Wintergarden Tavern L L C ), was received
and placed on file for the information of the Council (Petition 00-2-2-5)
On a motion by Engebretson, seconded by Duggan, and unanimously
adopted, it was
CR 665-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 7, 2000, which sets forth its
resolution 3-59-2000 adopted on March 28, 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
32510
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, and the Council
having conducted a Public Hearing with regard to this matter on Monday,
May 22, 2000, pursuant to Council Resolution 278-00, the Council does
hereby refer this matter to the Committee of the Whole for its report and
recommendation
A communication from the Inspection Department, dated August 29, 2000,
re answers to comments that were received in an e-mail communication from Ken
Opperhall, 19130 Westmore, Livonia, referring to Wintergarden Tavern L L.0 were
received and placed on file for the information of the Council (Petition 00-2-2-5 and
Petition 00-6-8-9)
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
CR 666-00 RESOLVED, that the Council does hereby refer the subject
of banners and signs at the Wintergarden Tavern and Fat Willie's, located
at Seven Mile and Farmington Roads in the southwest 1/4 of Section 3, to
the Inspection Department for its report and recommendation
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
CR 667-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 3, 2000, which transmits its
resolution 7-147-2000, adopted on July 25, 2000, with regard to Petition
00-6-2-24, submitted by Mark Chanitz, on behalf of Panera Bread,
requesting waiver use approval to operate a full service restaurant
proposed to be located on the south side of Schoolcraft Road between
Middlebelt and Inkster Roads in the Northwest 1/4 of Section 25, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 00-
6-2-24 is hereby approved and granted, subject to the following
conditions
1 That there shall be a limitation of 129 seats inside the building and
27 seats outside the building for a total seating capacity of 156
seats,
32511
2 That the Revised Patio Plan submitted by Panera Bread, Inc.,
dated July 24, 2000, is hereby approved and shall be adhered to,
3 That the landscaping shown on the above-referenced Revised
Patio Plan shall be installed to the satisfaction of the Inspection
Department and thereafter permanently maintained in a healthy
condition,
4 That the Exterior Elevations Plan marked Sheet A3 prepared by
Eisenberg Architects, Inc., dated July 13, 2000, is hereby approved
and shall be adhered to, except as modified under condition 5
below;
5 That wall signage similar to the renderings on the Elevations Plan is
approved, which may be either one (1) or two (2) wall signs,
provided that the total area of ail such signs does not exceed forty-
two (42) square feet, and further provided that the petitioner seek
the granting of a variance for an excess number of wall signs if two
(2) wall signs are desired,
6 That the proposed awnings shall be illuminated only by means of
downward directed lighting from above with no internal illumination
and no signage shall be placed on the awnings,
7 That stop signs be placed at the southeast corner of the building
where the rear parking intersects with the driveway and where the
two driveways intersect east of the proposed site, as recommended
in the correspondence dated July 27, 2000, from the Traffic Bureau
of the Division of Police,
8 That all other conditions and requirements set forth in the original
resolution granting site plan approval for the "Retail I" building shall
be adhered to, and
9 That the plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for
Mark Chanitz, 2433 S Hanley Road, St. Louis, MO 63114 was present at
the meeting to answer questions of Council, and stated that the projected opening date
for Panera Bread on Schoolcraft between Middlebelt and Inkster Roads is November 1,
2000
Councilmember Walsh left the podium at 8 55 p m due to a conflict of
interest.
32512
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
CR 668-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 3, 2000, which transmits its
resolution 7-148-2000, adopted on July 25, 2000, with regard to Petition
00-6-2-25, submitted by MIOP, Inc., requesting waiver use approval to
install a 130 ft. wireless communications antenna for shared usage, and
its accompanying equipment shelter, on property located on the west side
of Middlebelt Road between Five Mile Road and Wentworth Avenue in the
Southeast 1/4 of Section 14, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 00-6-2-25 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan, Notes and Details Sheet, marked SP-1,
prepared by Atwell-Hicks, Inc., with a revision date of June 19,
2000, is hereby approved and shall be adhered to,
2 That the Compound Plan, Details and Elevation Sheet, marked
Sheet SP-2, prepared by Atwell-Hicks, Inc., with a revision date of
June 19, 2000, is hereby approved and shall be adhered to, except
that the barbed wire shown at the top of the chain link fence
enclosing the lease area is not approved and shall not be installed,
3 That the landscaping proposed for the 5 foot wide landscape buffer
just outside the fence along the north and east line of the fence
area, which shall consist of seven (7) Austrian Pine trees a
minimum of six (6) feet in height, shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
4 That all equipment shelter buildings shall be constructed with full-
face 4" brick on all four sides, no exceptions,
5 That a new dumpster enclosure to be constructed at the extreme
northwest corner of the Cambridge Group site shall be of masonry
construction with wood gates which shall be properly maintained
and, when not in use, closed at all times, and
6 That the plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for
A roll call vote was taken on the foregoing resolution with the following result:
32513
AYES Engebretson Vandersloot, Duggan, Laura and Brosnan
NAYS None
The President declared the resolution duly adopted
Councilmember Walsh returned to the podium at 8 56 p m
On a motion by Walsh, seconded by Duggan, and unanimously adopted, it
was
CR 669-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated August ^3, 2000, which transmits its
resolution 7-149-2000 adopted on July 25, 2000, with regard to Petition
00-7-8-10, submitted by St. Colette Roman Catholic Church, requesting
site plan approval in connection with a proposal to construct an addition to
the existing activities building located at 17600 Newburgh Road in the
Southwest 1/4 of Section 8, pursuant to the provisions set forth in Section
18 47, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 00-7-8-10 is
hereby approved and granted, subject to the following conditions
1 That the Site Plan marked Drawing A-1, dated August 17, 2000, as
revised, prepared by Harold H Fisher & Associates, is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Drawing L-1, prepared by Harold
H Fisher& Associates with a revision date of August 17, 2000, is
hereby approved and shall be adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the Exterior Building Elevation Plan marked Drawing A-3,
dated July 6, 2000, as revised, prepared by Harold H Fisher &
Associates, is hereby approved and shall be adhered to,
6 That all light standards shall be shielded from the adjacent
properties,
32514
7
8 That all handicap spaces shall be identified and comply with the
Michigan Manual of Uniform Traffic Control Devices,
That the petitioner shall correct to the Inspection Department's
satisfaction the following site deficiencies as outlined in the
correspondence dated June 21, 2000
- that provisions shall be made to properly screen and locate
the existing dumpster on the site,
- that the parking lot shall be repaired, resealed and double
striped,
9 That no signs, either freestanding or wall mounted, are approved
with this petition,
10 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for; and
11 That the petitioner shall install additional evergreen trees in the
southeast corner of the property in order to shield the adjacent
residents, subject to the approval of the Planning Department.
12 That the petitioner shall allow for removal and replacement of the
existing headwall within the open drain that crosses the church
property, and that the petitioner shall grant the City an easement for
construction of a detention basin in the southeast corner of the
property
A communication from the Engineering Division dated August 28, 2000,
re a storm water system study at St. Colette Church, 17600 Newburgh Road, Livonia
was received and placed on file for the information of the Council (Petition 00-7-8-10)
A representative from St. Colette Church was present at the meeting and
stated that he will attempt to set up a meeting with the neighbors of the Church
regarding the landscaping issue (Petition 00-7-8-10)
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
32515
CR 670-00 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated January 7, 2000, and the
report and recommendation of the Chief of Police, dated July 27, 2000,
approved for submission by the Mayor, the Council does hereby approve
of the request from Logan's Roadhouse, Inc (a Tennessee Corporation)
for transfer of ownership of a 1998 Class C licensed business (in escrow)
with official permit (food) located in escrow at 31501 Schoolcraft, Livonia,
Michigan 48150, Wayne County, from Paragon of Michigan, Inc. (a
Wisconsin Corporation) to transfer location from 31501 Schoolcraft,
Livonia, Michigan 48150, Wayne County, to Millennium Park, Schoolcraft,
east of Middlebelt, Livonia, Michigan 48150, Wayne County; and to cancel
the existing Outdoor Service Permit; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission
Scott Edwards, the representative attorney for Logan's Roadhouse,
located in Millennium Park on Schoolcraft east of Middlebelt, Livonia, was present at the
meeting to answer questions of the Council, and he gave a projected opening date of
December 4, 2000
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
CR 671-00 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Dearborn Lithograph, Inc ,
dated May 16, 2000, covering new industrial facilities to be located within
City of Livonia Industrial Development District No 73, and
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed facility is to be located, i e , the City of Livonia, and advised
each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Dearborn Lithograph, Inc., the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing. having in
fact been conducted at 7 00 p m on Monday, August 14, 2000, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received from
the applicant, Dearborn Lithograph, Inc , finds and determines (a)
32516
that the granting of this industrial facilities exemption certificate
shall not have the effect of substantially impeding the operation of
the local governmental unit or impairing the financial soundness of
any taxing unit which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located, and (b) the
applicant has fully complied with the requirements of Section 9, Act
No 198, P.A. 1974, as amended
2 That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from Dearborn Lithograph, Inc.
covering new industrial facilities to be located within the City of
Livonia Industrial Development District No 73 for 12 years
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a letter of agreement between the
applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
Board upon approval of an Industrial Facility Exemption Certificate,
the Council hereby authorizes the Mayor and City Clerk to sign
such Letter of Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process applications for Industrial Facility Exemption
Certificates
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
CR 672-00 RESOLVED, that having considered a communication from
J R Gunnigle, General Manager, Bill Brown Ford, Inc , dated May 18,
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 May 9, 2000, by the City Planning Commission
in its resolution 5-104-2000 with regard to a request submitted by Bill
Brown Ford, Inc , in connection with Petition 00-1-2-4, for approval for
signage for the commercial property located on the north side of Plymouth
Road, between Sears Drive and Middlebelt Road in the Southwest 1/4 of
Section 26, the Council does hereby approve and grant the Sign Permit
Application subject to the following conditions
1 That the sign package received in the Office of the City Council on
August 11 , 2000, as revised on August 29, 2000, is hereby
approved and shall be adhered to, and
2 That the request for excessive signage shall be subject to review
and approval by the Zoning Board of Appeals
32517
A color rendering from Bill Brown Ford, Inc., dated August 29, 2000,
Iwo showing the size of the cabinet with changeable letter tracks, was received and placed
on file for the information of the Council (Petition 00-1-2-4)
Mr Gunnigle, a representative from Bill Brown Ford, Inc., was present at
the meeting to answer questions of the Council.
Councilmember Engebretson gave first reading to the following
Ordinance
AN ORDINANCE AMENDING TITLE 5 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED BY ADDING
CHAPTER 20 (THE TIME WARNER CABLE TELEVISION
FRANCHISE ORDINANCE) THERETO AND AMENDING
AND REPEALING CHAPTER 18
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
Robert McCann of Time Warner Cable Television was present at the
meeting to answer questions of the Council
On a motion Duggan, seconded by Walsh, and unanimously adopted, it
was
CR 673-00 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
Councilmember Laura announced for the record that he had consulted
with the Ethics Committee, and he was advised that there would be no conflict of
interest for him to vote on the next Agenda item, even though he is employed by the
Ford Motor Company
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
CR 674-00 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Ford Motor Land Services
Corporation of Michigan, dated August 29, 2000, to cover the proposed
32518
project at the Ford Motor Company-Livonia Transmission Plant, 36200
L Plymouth Road, which will include the acquisition and installation of new
machinery and equipment for front-and-rear wheel drive transmissions
and components thereof, and that is located within the City of Livonia
Industrial Development District No 1,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property that will be affected, as required by Act 198, P.A.
1974, as amended
2 The City Clerk shall contact each of the affected taxing units, and (i)
indicate the Council's interest in this matter and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application, and (iii)
advise the said taxing units of this Council's desire to hold a hearing
on this Application on Wednesday, October 4, 2000, at 7 00 p m at
the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
3 The Council hereby sets Wednesday, October 4, 2000, at TOO p m
L at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the date, time and place for conducting a hearing on
said Application
Councilmember Laura thanked Councilmember Engebretson for
explaining the Cable Franchise Ordinance to various residents of Livonia
Council President Brosnan thanked the City Channel 8 volunteers for their
good work in televising the meetings of the City Council
On a motion by Duggan, seconded by Laura , and unanimously adopted,
this 1423rd Regular Meeting of the Council of the City of Livonia was adjourned at 9.21
p m , August 30, 2000
oan
oMcCotter, City Clerk
L