HomeMy WebLinkAboutCOUNCIL MINUTES 2014-04-2138997
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FIFTY-FIRST
REGULAR MEETING OF APRIL 21, 2014
On April 21, 2014, 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 7:00 p.m. Councilmember Toy led the meeting with an invocation.
Roll was called with the following result: Laura Toy, Lynda Scheel, Susan
Nash, Brandon Kritzman, John Pastor, Brian Meakin, and Maureen Miller Brosnan.
Absent: None.
Elected and appointed officials present: Mark Taormina, City Planner;
Todd Zilincik, City Engineer; Jackie Higham, Secretary II; Terry Marecki, City Clerk; Don
Knapp, City Attorney; and Mayor Jack Kirksey.
was:
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
#91-14 RESOLVED, that the Minutes of the 1,750th Regular Meeting
of the Council held April 7, 2014, are hereby approved as submitted.
Pastor mentioned Fernon Feenstra and all of the many ways he served
the City of Livonia. Of special note are his14 years on City Council, he was the First
Citizen in 2007 and he was driving force behind establishing the Veterans Memorial. His
service and his wonderful attitude will be missed.
Vice -President Meakin thanked Fernon Feenstra for his service to the City
of Livonia, he will be missed. Meakin attended the Livonia Public Schools Music Fest at
Churchill High School where 450 young musicians showed their talents and Cooper
School's Leaders and Learner's Program where the young people shared how they
learn using the "Seven Habits of Learning".
Kritzman introduced the members of the Greenleaf Commission on
Sustainability: Jim Baringhaus, Larry Davis, Patrick Droze, John Grezbik, and Frank
Kalinski. The Greenleaf Commission is defined as "Encouraging energy efficiencies,
conservation and environmentally friendly practices in the City of Livonia." They plan to
review sustainability initiatives for use at home, in business and for the city.
Jim Baringhaus, 37594 Southampton, thanked the Mayor and the Council
for their support. He described the new website of the Greenleaf Commission on
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Sustainability which will be launched on April 22, 2014 in conjunction with Earth Day.
Citizens are encouraged to visit the site and submit their ideas. Their goal is to educate
the City of Livonia residents on sustainability concepts. They will be partnering with the
Chamber of Commerce to develop a Greenleaf Award. The website will also have links
to neighborhood associations and swim clubs.
Mayor Kirksey announced Hazardous Waste Day which will be held on
Saturday, April 26, 2014 from 8:00 a.m. until 2:00 p.m. He said that the 1-96 construction
is accomplishing a great deal due to fantastic orchestration done by the contractor. The
Mayor and Alex Bishop displayed a sign that will be placed on Livonia's north/south
streets that reads "Schoolcraft Service Drive Open for Business" to encourage citizens
to still patronize the businesses along Schoolcraft Road during construction. Twenty-
four of these signs have been made.
President Brosnan announced Arbor Day which will be held on May 2,
2014 at Buchanan School. She also announced a Free Law Day which will be held at
the Civic Center Library on May 1, 2014 put on by the Livonia Bar Association.
President Brosnan announced there would be a Public Hearing held on
Wednesday, April 30, 2014, at 7:00 p.m. in the Auditorium of City Hall, 33000 Civic
Center Drive, Livonia, Michigan.
Petition 2014-02-01-02 submitted by NPM Acquisitions, L.L.C., to rezone
the property at 27403 and 27451 Schoolcraft Road, located on the
southwest corner of Schoolcraft and Inkster Roads in the Northeast 1/4 of
Section 25, from OS (Office Services) and M-1 (Light Manufacturing) to C-
2 (General Business).
President Brosnan announced that new data would be received and filed
on agenda items 11, 14, 15A, 15B, 16, 18 and 22.
During Audience Communication, Christopher Martin, 12275 Inkster Road,
spoke regarding his attempt to place subject of the fencing violation on his property on
the most recent meeting of the Zoning Board of Appeals.
On a motion by Pastor seconded by Toy it was:
#92-14 RESOLVED, that having considered a letter from William
Elwell, American Cancer Society, Relay for Life, dated March 17, 2014,
which requests permission to waive Sections 8.32.070 (Noise Control) and
12.20.080 (Public Lands) of the Livonia Code of Ordinances, as amended,
in connection with their overnight outdoor gathering to raise funds for the
fight against cancer, which will take place in Livonia from 9:00 a.m.
Saturday, June 21, 2014, through 10:00 a.m. Sunday, June 22, 2014, to
allow the playing of music and announcements via speakers, as well as
the erection and use of tents on public land (Bentley Field), the Council
does hereby grant and approve this request in the manner and form
herein submitted, subject to providing the City with evidence of Liability
Regular Meeting Minutes of April 21, 2014
Insurance Coverage and execution of a Hold Harmless Agreement that is
acceptable to the Law Department.
#93-14 RESOLVED, that having considered an e-mail from Shawn
Mykolaitis, dated February 11, 2014, which requests permission to waive
Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as
amended, to a allow a DJ to play music from 2:00 p.m. until 12:00 a.m. at
27445 Grandon Court in connection with a wedding ceremony and
reception scheduled for Saturday, June 14, 2014, the Council does hereby
determine to waive Section 8.32.070 (Noise Control) of the Livonia Code
of Ordinances between the hours of 2:00 p.m. and 12:00 a.m. in
connection with this event to be held on Saturday, June 14, 2014.
#94-14 RESOLVED, that having considered a letter from Mark
McGilvery, Minister, Memorial Church of Christ, dated March 17, 2014,
which requests permission to waive Section 8.32.070 (Noise Control) of
the Livonia Code of Ordinances, as amended, to a allow a band to
perform from 10:00 a.m. until 3:00 p.m. in the west parking lot of the
church's property located at 35475 Five Mile Road in connection with their
outdoor worship service scheduled for Sunday, June 8, 2014, the Council
does hereby determine to waive Section 8.32.070 (Noise Control) of the
Livonia Code of Ordinances between the hours of 10:00 a.m. and 3:00
p.m. in connection with this event to be held on Sunday, June 8, 2014.
#95-14 WHEREAS, the City of Livonia is a Michigan City; and
WHEREAS, City of Livonia has the power, privilege and authority to
maintain and operate a fire department providing fire protection, fire
suppression, emergency medical services, and special operations ("Fire
Services"); and
WHEREAS, Fire Services can further be improved by cooperation
between political subdivisions during times of public emergency,
conflagration or disaster; and
WHEREAS, the Michigan Constitution of 1963, Article 7, § 28 and the
Urban Corporation Act of 1967, Act No. 7 of the Public Acts of 1967, Ex.
Sess., being MCL 124.501 et seq. of the Michigan Compiled Laws (the
"Cooperation Act"), permit a political subdivision to exercise jointly with
any other political subdivision any power, privilege or authority which such
political subdivisions share in common and which each might exercise
separately; and
WHEREAS, the Western Wayne County Fire Department Mutual Aid
Association (the "Association") has been formed as a separate legal entity
and as a Michigan public body corporate under the Cooperation Act
pursuant to an Interlocal Agreement effective March 24, 2003; and
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39000
WHEREAS, the Association is governed by an Association Board; and
WHEREAS, City of Livonia is a party to the Interlocal Agreement; and
WHEREAS, it is desirable to amend the Interlocal Agreement to allow the
City of Melvindale to join the Association; and
WHEREAS, the Interlocal Agreement requires an amendment to the
Interlocal Agreement to be approved by all the parties to the Interlocal
Agreement;
NOW THEREFORE IT BE RESOLVED, that:
The City of Livonia does hereby approve the attached "Amended
and Restated Interlocal Agreement" subject, if necessary, to
technical, typographical, or non -substantial modifications approved
by legal counsel before the Effective Date of the Amended and
Restated Interlocal Agreement,
2. The City of Livonia authorizes the Mayor and City Clerk to sign the
Amended and Restated Interlocal Agreement.
#96-14 RESOLVED, that having considered a communication from
the City Treasurer, dated February 28, 2014, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, with
regard to the proposed cancellation of delinquent personal property taxes
for tax years 2006 through 2007, and having attached thereto a list of tax
items proposed for cancellation, the Council does hereby authorize the
City Treasurer to petition the Circuit Court for the County of Wayne to
cancel the referenced 2006 through 2007 personal property taxes in
accordance with provisions of State Statute; and the Department of Law is
hereby requested to institute the aforesaid litigation in the manner and
form herein authorized.
#97-14 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
March 25, 2014, 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 Everlast Climbing Industries d/b/a Colorado Time Systems,
1551 E. 11 th Street, Loveland, Colorado 80537, for completing all work
required in connection with the installation of a scoreboard at the Livonia
Community Recreation Center lap pool in an amount not to exceed
$35,000.00, the same having been in fact the lowest bid received and
meets all specifications; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $35,000.00 from funds already
budgeted in Account No. 208-755-976-000 for this purpose; and the
Mayor and City Clerk are hereby authorized to execute a contract for and
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39001
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.
#98-14 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 19, 2014,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the following
low bids which meet specifications for supplying the Public Service
Division (Road Maintenance Section) with aggregate materials specified at
the unit prices bid for the 2014 calendar year requirements:
1. Barrett Paving, 5800 Cherry Hill, Ypsilanti, MI 48198
M.D.O.T. — 2NS — Natural Sand — D.T.Y. $12.50
60-40 Washed — Conc. Aggregates — D.T.Y. $14.50
M.D.O.T. — 6A Natural Stone — D.T.Y. $16.85
2. Edward C. Levy, 8800 Dix Ave., Detroit, MI 48209
M.D.O.T. — 22A — D.T.Y. $12.29
3. Ellsworth Industries, P.O. Box 5366, Plymouth, MI 48170
M.D.O.T. — Class I — D.T.Y. $12.50
36" Boulders — D.T.Y. $250.00
8" — 16" Limestone — D.T.Y. $65.00
4. Freeport Supply Co., 20091 Pennsylvania, Brownstown, MI 48193
W.C.D.P.S. — 22X — D.T.Y. $7.45
W.C.D.P.S.— 30A - (Blast Furnace Stag) — D.T.Y. $14.25
M.D.O.T. — Class II — D.T.Y. $7.38
M.D.O.T. — 2MS — Mortar Sand — D.T.Y. $11.00
Pea Gravel — D.T.Y. $14.25
1" to 3" Crushed Concrete — D.T.Y. $9.00
5. Richmond Transport, 4020 Country Lane, Lenox, MI 48050
M.D.O.T. — 21 AA — Limestone — D.T.Y. $13.46
Ag -Lime — "Parks" — D.T.Y. $16.25
FURTHER, in the event the aforesaid low bidders are unable to furnish the
materials, the Council does hereby accept the following second lowest
bids, which also meet specifications, as alternates for supplying the Public
Service Division (Road Maintenance Section) with the materials specified
at the unit prices bid for the 2014 calendar year requirements:
1. Edward C. Levy, 8800 Dix Ave., Detroit, MI 48209
Regular Meeting Minutes of April 21, 2014
M.D.O.T. — 2NS — Natural Sand — D.T.Y. $13.06
60-40 Washed — Conc. Aggregates — D.T.Y. $18.41
W.C.D.P.S. — 22X — D.T.Y. $8.05
W.C.D.P.S. — 30A (Blast Furnace Stag) — D.T.Y. $14.53
M.D.O.T. — Class II — D.T.Y. $8.71
Pea Gravel — D.T.Y. $16.81
2. Ellsworth Industries, P.O. Box 5366, Plymouth, MI 48170
M.D.O.T. — 22A — D.T.Y.
Ag -Lime - "Parks" — D.T.Y.
$14.75
$27.80
39002
3. Freeport Supply Co., 20091 Pennsylvania, Brownstown, MI 48193
M.D.O.T. — 21 AA — Limestone - D.T.Y.
$14.00
4. Richmond Transport, 4020 Country Lane, Lenox, MI 48050
M.D.O.T. — 6A Natural Stone — D.T.Y. $17.75
M.D.O.T. — 2MS — Mortar Sand — D.T.Y. $14.00
1" to 3" Crushed Concrete — D.T.Y. $13.35
FURTHER, the Council does hereby authorize the expenditure of funds
already budgeted from Account No. 101-463-782-000 (Roads
Maintenance Section) for this purpose.
#99-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 11, 2014, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and approved for submission by the Mayor, submitted
pursuant to Council Resolution 129-13 regarding the Ann Arbor Trail
Sidewalk Extension (South Side from Dowling Avenue to Rosedale
Elementary School) and the additional survey costs and costs to relocate
the DTE utility pole having resulted in a significant cost increase; the
Council does hereby repeal and rescind Council Resolution 129-13 and
determines to take no further action with regard to this matter.
#100-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 28, 2014, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works, and approved for submission by the Mayor, the Council
does hereby accept the bid of Nagle Paving Company, 36780 Amrhein,
Livonia, Michigan 48150, for performing all work required in connection
with the 2014 Asphalt Paving Replacement Program, (Contract 14-A) on
various asphalt streets throughout the City of Livonia, for the estimated
total cost of $1,627,420.40, based on the Engineering Division's estimate
of units of work involved and subject to the final payment based on the
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actual units of work completed in accordance with the unit prices accepted
herein, said estimated cost and unit prices having been in fact the lowest
bid received and meets all specifications, and the Council does hereby
authorize an expenditure in an amount not to exceed $1,458,852.40 from
funds already budgeted in the Roads, Sidewalks and Tree Fund in the
following accounts:
Account No. 204-463-818-110 (Reconstruction) $ 82,000.00
Account No. 204-463-818-112 (Rehabilitation) $1,329,432.00
Account No. 204-463-818-114 (Maintenance) $ 47,420.40
FURTHER, the Council does hereby authorize an additional appropriation
and expenditure in an amount not to exceed $168,568.00 from the
Unexpended Fund Balance of the Roads, Sidewalks and Tree Fund (204)
for this purpose; and the City Engineer is hereby authorized to approve
any minor adjustments in the work as required; 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 map showing Schoolcraft College Site Locations handed out at the
Study Council Meeting of April 7, 2014, was received and placed on file for the
information of the Council.
#101-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 5, 2014, which transmits its
resolution 03-09-2014, adopted on March 4, 2014, with regard to Petition
2014-02-02-03, submitted by Verizon Wireless, requesting waiver use
approval to construct a wireless communication support structure (75 foot
high monopole) and equipment shelter within the Schoolcraft College
campus, on property located on the east side of Haggerty Road between
Six Mile Road and Seven Mile Road (18900 Haggerty Road), in the
Northwest 1/4 of Section 7, which property is zoned PL, the Council does
hereby concur in the recommendation made by the City Planning
commission and Petition 2014-02-02-03 is hereby approved and granted,
subject to the following conditions:
1. That a wireless communication support structure at this location shall
be permitted only under the circumstances that the Zoning Ordinance
standard set forth in Section 18.42A(d)l.b. requiring new wireless
communication support structures to be located at least one-half (1/z)
mile from any existing wireless communication support structures
unless same is waived by the City Council;
2. That the Site Survey and General Information Plan marked Sheet 1 of
Job No. 05268-8012 prepared by Midwestern Consulting, dated
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January 31, 2014, as revised, is hereby approved and shall be
adhered to;
3. That the Site Plan Detail, Pole Elevation and General Notes Plan
marked Sheet 2 of Job No. 05268-8012 prepared by Midwestern
Consulting, dated January 31, 2014, as revised, is hereby approved
and shall be adhered to;
4. That the total overall height of the monopole shall not exceed 85 feet,
thereby allowing for a 10 foot vertical extension of the pole in order to
accommodate one (1) additional carrier platform above the Verizon
antenna/platform;
5. That the monopole support structure and ground compound area be
designed and constructed so as to accommodate a minimum of three
(3) total users;
6. That no signs or advertising shall be placed on or upon any part of the
structure or facility that is visible from the expressway; and
7. 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.
#102-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 5, 2014, which transmits its
resolution 03-09-2014, adopted on March 4, 2014, with regard to Petition
2014-02-02-03, submitted by Verizon Wireless, requesting waiver use
approval to construct a wireless communication support structure (75 foot
high monopole) and equipment shelter within the Schoolcraft College
campus, on property located on the east side of Haggerty Road between
Six Mile Road and Seven Mile Road (18900 Haggerty Road), in the
Northwest 1/4 of Section 7, which property is zoned PL, the City Council
finds that colocation is not feasible on the other wireless communication
tower located on the Schoolcraft College property; therefore the '/2 mile
separation requirement does not apply or restrict the construction of the
proposed wireless communication support tower per Zoning Ordinance
Section 18.42A(d)1.b.
A communication received from Nicholas Thornton, 29579 Nottingham
Circle, dated April 15, 2014, thanking the Council for their consideration of his request to
move the Wade Shows carnival housing and generator area to the south side of the
Sears property away from the homes located on St. Martins, was received and placed
on file, for the information of the Council. (Pet. 2014-02-02-05)
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A communication received from Wade Shows, dated April 21, 2014,
stating that the RV's and the power generation are being located along 7 -Mile Road for
this year's carnival was received and placed on file, for the information of the Council.
#103-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 21, 2014, which transmits its
resolution 03-14-2014, adopted on March 18, 2014, with regard to Petition
2014-02-02-05, submitted by Wade Shows, Inc., requesting waiver use
approval to conduct a carnival in the parking lot of Sears, sponsored by
the Rotary Club of Livonia, consisting of amusement rides, games and
food concessions from May 22, 2014 through June 1, 2014, inclusive, on
property located on the northwest corner of Seven Mile Road and
Middlebelt Road (29500 Seven Mile Road), in the Southeast 1/4 of
Section 2, which property is zoned C-2, the Council does hereby concur in
the recommendation made by the City Planning Commission and Petition
2014-02-02-05 is hereby approved and granted, subject to the following
conditions:
That the carnival shall be limited to the dates as specified by Wade
Shows, Inc., which are May 22, 2014 through June 1, 2014, inclusive;
2. That the proposed carnival operation shall be confined to the area as
illustrated on the site plan submitted as received by the Planning
Commission on February 19, 2014;
3. That all rides, food concessions, booths and all other equipment and
apparatus relating to the operation of the carnival shall be located at
least 60 feet distant from the Seven Mile and Middlebelt Roads right-
of-way lines;
4. That if any gas or diesel -powered generators are to be used in
connection with the storage of any trucks, trailers, equipment and/or
campers for temporary housing of workers, such storage shall be
moved to an alternate location other than the North parking lot (i.e.,
next to the midway in the South parking lot), provided the storage of
such trucks, trailers, equipment and campers is not adjacent to any
residential properties and subject to the approval of the Inspection and
Planning Departments;
5. In the event the North parking lot must be used for the storage of any
trucks, trailers, equipment and/or campers for temporary housing, an
alternate source of power other than gas or diesel -powered generators
shall be used, and which shall not produce noise of any discernable
level beyond property lines, subject to the approval of the appropriate
City Departments, and further provided that all such storage shall
occur as far east and south as possible away from the residents on St.
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Martins Avenue, but in no such instance shall be closer than 60 feet
from St. Martins Avenue and Middlebelt Road right-of-way lines;
6. That the hours of operation shall be limited to the following: Monday
through Friday from 4:00 p.m. to 11:00 p.m.; and on the weekends,
Saturday and Sunday, from 12:00 p.m. to 11:00 p.m.; and
7. That access to fire hydrants is provided for the Fire Department.
#104-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 21, 2014, which transmits its
resolution 03-15-2014 adopted on March 18, 2014 with regard to Petition
2014-02-08-02 submitted by Victor East, L.L.C., requesting site plan
approval in connection with a proposal to construct a one-story office -
research building on property located on the north side of Seven Mile
Road between Newburgh Road and Victor Parkway (37640 Seven Mile
Road), in the Southeast 1/4 of Section 6, pursuant to the provisions set
forth in Section 18.47 of Ordinance No. 543, as amended, the Council
does hereby concur in the recommendation made by the Planning
Commission and Petition 2014-02-08-02 is hereby approved and granted,
subject to the following conditions:
1. That the Site Plan marked Drawing Number P-3 dated February 25,
2014, prepared by Professional Engineering Associates, is hereby
approved and shall be adhered to;
2. That the Landscape Plans marked Drawing Number L-1 and L-2 both
dated February 25, 2014, prepared by Professional Engineering
Associates, 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 Sheet Number PE -4
dated February 25, 2014, prepared by Faudie Architecture, is hereby
approved and shall be adhered to;
6. That all rooftop mechanical equipment shall be concealed from public
view on all sides by screening that shall be of a compatible character,
material and color to other exterior materials on the building;
7. That the three walls of the trash dumpster areas shall be constructed
out of the same brick used in the construction of the building or in the
event a poured wall is substituted, the wall's design, texture and color
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39007
shall match that of the building and the enclosure gates shall be
maintained and when not in use closed at all times;
8. That all light fixtures shall not exceed 20 feet in height and shall be
aimed and shielded so as to minimize stray light trespassing across
property lines and glaring into adjacent roadway;
9. That this site shall meet either the City of Livonia or the Wayne County
Storm Water Management Ordinance, whichever applies, and shall
secure any required permits, including storm water management
permits, wetlands permits and soil erosion and sedimentation control
permits, from Wayne County, the City of Livonia, and/or the State of
Michigan Department of Natural Resources and Environment (DNRE);
10. That the Petitioner shall work with the City Engineering Division to
make the necessary modifications to the median in Victor Parkway in
order to facilitate proper turning movements for vehicles entering and
exiting the site;
11. That only conforming signage is approved with this petition, and any
additional signage shall be separately submitted for review and
approval by the Zoning Board of Appeals;
12. 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
13. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of
the City of Livonia, this approval is valid for a period of one year only
from the date of approval by City Council, and unless a building permit
is obtained, this approval shall be null and void at the expiration of said
period.
#105-14 RESOLVED, having considered the report and
recommendation of the City Planning Commission, dated March 12, 2014,
approved for submission by the Mayor, to which is attached thereto the
2014 — 2019 Capital Improvements Program, the Council does hereby
refer this matter to the Capital Improvement, Natural Resources and
Waste Management Committee for its report and recommendation.
A communication from the Department of Public Works, Engineering
Division, dated April 16, 2014, with their report and recommendation regarding the
condition of Seven Mile Road west of Farmington and the suggested change to the
traffic pattern on the same.
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#106-14 RESOLVED, that having considered a communication from
the Council Vice President, dated March 31, 2014, regarding the closure
of the deteriorated lane along Seven Mile Road west of Farmington Road
which is under the jurisdiction of Wayne County, the Council does hereby
refer this matter to the Administration for its report and recommendation.
#107-14 RESOLVED, that having considered a communication from
the Council Vice President, dated March 31, 2014, regarding the closure
of the deteriorated lane along Seven Mile Road west of Farmington Road
which is under the jurisdiction of Wayne County, the council does hereby
refer this matter to the Infrastructure and Community Transit Committee
for its report and recommendation.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Toy, Scheel, Nash, Kritzman, Pastor, Meakin, and Brosnan
NAYS: None
The President declared the resolutions adopted.
A communication received from the Department of Law, dated April 7,
2014, re: DTE utility poles "abandoned" in rights-of-way was received and placed on file
for the information of the Council.
An email communication from Madelyn Williams, Relations Manager for
DTE, dated March 31, 2014, updated the Council on infrastructure improvements was
received and placed on file for the information of the Council.
was:
On a motion by Meakin, seconded by Scheel, and unanimously adopted, it
#108-14 RESOLVED, that having considered a communication from
the Committee of the Whole, dated March 31, 2014, submitted pursuant to
Council Resolution 676-99, with regard to citizen concerns with respect to
the service provided by Detroit Edison, the Council does hereby determine
to take no further action with regard to this matter.
The President declared the resolution adopted.
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A communication received from the Department of Law, dated March 25,
2014, recommending Council to take no further action as the ordinances have been
adopted, was received and placed on file for the information of the Council. (Pet. 2002-
02-06-01)
On a motion by Toy, seconded by Nash, and unanimously adopted, it was:
#109-14 RESOLVED, that having considered a communication from
the Committee of the Whole, dated March 31, 2014, submitted pursuant to
Council Resolution 36-03, with regard to Petition 2002-02-06-01 to
determine whether or not to amend Article IV, Section 4.04 and Article V,
Section 5.04 of Zoning Ordinance No. 543, as amended, in order to
establish open space preservation zoning provisions in the R-5 and RUF
zoning districts required by House Bill No. 5029, the Council does hereby
determine to take no further action with regard to this matter.
The President declared the resolution adopted.
was:
On a motion by Toy, seconded by Scheel, and unanimously adopted, it
#110-14 RESOLVED, that having considered a communication from
the Committee of the Whole, dated March 31, 2014, submitted pursuant to
Council Resolution 118-06, with regard to the Great West Retirement
Services Annual Report and Plan Review for the period ending December
31, 2005, presented to the City of Livonia Employees Retirement System
Board of Trustees Meeting on March 22, 2005, the Council does hereby
determine to take no further action with regard to this matter.
The President declared the resolution adopted.
A communication received from the Department of Law, dated October 8,
2010, regarding the ability of the City Council to close/terminate plans, was received
and placed on file for the information of the Council.
was:
On a motion by Scheel, seconded by Nash, and unanimously adopted, it
#111-14 RESOLVED, that having considered a communication from
the Committee of the Whole, dated March 31, 2014, submitted pursuant to
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39010
Council Resolution 331-08, with regard to referring the status of the
deferred compensation providers, the Council does hereby determine to
take no further action with regard to this matter.
The President declared the resolution adopted.
was:
On a motion by Toy, seconded by Scheel, and unanimously adopted, it
#112-14 RESOLVED, that having considered a communication from
the Committee of the Whole, dated March 31, 2014, submitted pursuant to
Council Resolution 365-11, with regard to Petition 2011 -08 -SN -01,
submitted by ASI Signage Innovations, requesting approval to replace the
ground signs of the medical center (Mission Health Livonia) at 37595
Seven Mile Road, located on the south side of Seven Mile Road between
Newburgh Road and the 1-275/96 Expressway in the Northeast '/a of
Section 7, which property is zoned PO, the Council does hereby
determine to take no further action with regard to this matter.
The President declared the resolution adopted.
was:
On a motion by Toy, seconded by Scheel, and unanimously adopted, it
#113-14 RESOLVED, that having considered a communication from
the Committee of the Whole, dated March 31, 2014, submitted pursuant to
Council Resolution 157-12, with regard to the subject of communication at
the meetings, the Council does hereby determine to take no further action
with regard to this matter.
The President declared the resolution adopted.
The President stated that the subject of appointments to the Zoning Board
of Appeals by Councilmembers will remain in the Committee of the Whole for future
discussion. (CR 228-13)
A Site Plan marked SP -1, dated January 17, 2014 and most recently
revised April 10, 2014, as revised, prepared by Detroit Design Images, L.L.C., was
received and placed on file for the information of the Council. (CR 81-14)
Regular Meeting Minutes of April 21, 2014
39011
The Landscape Plan marked L-1, dated January 17, 2014 and most
recently revised April 10, 2014, as revised, prepared by Detroit Design Images, L.L.C.,
was received and placed on file for the information of the Council. (Pet. 2014-01-08-01)
The Elevation Plan marked A-1, dated January 17, 2014 and most
recently revised April 10, 2014, as revised, prepared by Detroit Design Images, L.L.C.,
was received and placed on file for the information of the Council. (Pet. 2014-01-08-
01)
Mark Taormina, City Planner, explained the changes that have been made to the
original plans.
Dennis Jabora, 6336 Rose Boulevard, West Bloomfield, Michigan 48322, answered
questions regarding possible future tenants to the building being constructed. He said
that he was aware of only one at this time, L.A. Insurance. The leasing of the building is
being handled by a separate leasing company. They are seeking tenants that would not
require long-term parking.
On a motion by Pastor, seconded by Meakin, it was:
#114-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 13, 2014, which transmits
its resolution 02-04-2014 adopted on February 11, 2014, with regard to
Petition 2014-01-08-01, submitted by 6 Mile Properties, LLC, requesting
site plan approval in connection with a proposal to demolish an existing
gas station and construct a multi -tenant retail building on property located
on the northeast corner of Farmington Road and Six Mile Road (17108
Farmington Road) in the Southwest 1/a of Section 10, pursuant to the
provisions set forth in Section 18.58 of Ordinance No. 543, as amended,
the Council does hereby concur in the recommendation made by the
Planning Commission and Petition 2014-01-08-01 is hereby approved and
granted, subject to the following conditions:
1. That the Site Plan marked SP -1 dated January 17, 2014 and most
recently revised April 10, 2014, as revised, prepared by Detroit
Design Images, L.L.C. is hereby approved and shall be adhered to;
2. That the Landscape Plan marked L-1 dated January 17, 2014 and
most recently revised April 10, 2014, as revised, prepared by Detroit
Design Images, L.L.C. is hereby approved and shall be adhered to;
3. That all disturbed lawn areas shall be sodded in lieu of hydroseeding;
Regular Meeting Minutes of April 21, 2014
39012
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 Elevation Plan marked A-1 dated January 17, 2014 and
most recently revised April 10, 2014, as revised, prepared by Detroit
Design Images, L.L.C. is hereby approved and shall be adhered to;
6. That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building or in the
event a poured wall is substituted, the wall's design, texture and color
shall match that of the building and the enclosure gates shall be of
solid panel steel construction or durable, long-lasting solid panel
fiberglass and maintained and when not in use closed at all times;
7. That all rooftop mechanical equipment shall be concealed from public
view on all sides by screening that shall be of a compatible character,
material and color to other exterior materials on the building;
8. That this site shall meet either the City of Livonia or the Wayne
County Storm Water Management Ordinance, whichever applies,
and shall secure any required permits, including storm water
management permits, and soil erosion and sedimentation control
permits, from Wayne County and/or the City of Livonia;
9. That all light fixtures shall not exceed twenty feet (20') in height and
shall be aimed and shielded so as to minimize stray light trespassing
across property lines and glaring into adjacent roadway;
10. That only conforming signage is approved with this petition, and any
additional signage shall be separately submitted for review and
approval by the Zoning Board of Appeals;
11. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows;
12. 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,
13. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance
of the City of Livonia, this approval is valid for a period of ONE YEAR
ONLY from the date of approval by City Council, and unless a
building permit is obtained, this approval shall be null and void at the
expiration of said period.
Regular Meeting Minutes of April 21, 2014 39013
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Toy, Scheel, Nash, Kritzman, Pastor, Meakin, and Brosnan
NAYS: None
The President declared the resolution adopted.
At 7:40 p.m. Kritzman stepped down from the podium to avoid any perceived conflict of
interest.
On a motion by Scheel, seconded by Toy, it was:
#115-14 RESOLVED, that having considered a communication from
the Mayor, dated March 12, 2014, wherein he has requested approval of
the reappointment of John Hiltz, 34000 Plymouth Road, Livonia, Michigan
48150 to the Livonia Plymouth Road Development Authority as a
representative of the Business/Property Owners in the District and serve
for a four-year term expiring May 16, 2018, pursuant to Section 3.16.060
of the Livonia Code of Ordinances, as amended, and Act No. 197 of the
Public Acts of Michigan of 1975, as amended, the Council does hereby
confirm and approve such reappointment.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Toy, Scheel, Nash, Pastor, Meakin, and Brosnan
NAYS: None
The President declared the resolution adopted.
A communication from Kevin Maillard, Director of DPW, dated April 10,
2014, regarding an explanation of inspector days on a contract, was received and
placed on file for the information of the Council. (CR 415-13 and CR 368-13)
A communication from the Council President, dated April 8, 2014,
regarding the Award of Contract DWRF Project No. 7355-01 Phase 1 — Water Main
Improvements, was received and placed on file for the information of the Council. (CR
415-13 and CR 368-13)
Regular Meeting Minutes of April 21, 2014 39014
A communication from Bidigare Contractors, dated April 2, 2014,
regarding City of Livonia 2014 DWRF Water Main Improvements, was received and
placed on file for the information of the Council. (CR 415-13 and CR 368-13)
A communication from Lawrence M. Clarke, Inc., dated April 4, 2014,
regarding 2014 DWRF Water Main Improvements, was received and placed on file for
the information of the Council. (CR 415-13 and CR 368-13)
On a motion by Pastor, seconded by Meakin, it was:
#116-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 2, 2014, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works, and approved for submission by the Mayor, the Council
does hereby accept the bid of Bidigare Contractors, Inc., P.O. Box
700464, Plymouth, Michigan 47170, for performing all work required in
connection with the Water Main Improvements which are a part of DWRF
Project No. 7355-01; Phase 1, for the estimated total cost of
$3,062,101.99, based on the Engineering Division's estimate of units of
work involved and subject to the final payment based on the actual units of
work completed in accordance with the unit prices accepted herein, the
same having been in fact the lowest bid received and meets all
specifications; FURTHER, the Council does hereby authorize an
additional appropriation and expenditure in an amount not to exceed
$3,062,101.99 from the Unexpended Fund Balance of the Water & Sewer
Fund for this purpose, said amount to be reimbursed by the proceeds of
the Drinking Water Revolving Fund Revenue Bonds; and the City
Engineer is hereby authorized to approve any minor adjustments in the
work as required; 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 resolutions with the following result:
AYES: Scheel, Nash, Pastor, and Meakin
NAYS: Toy and Brosnan
The President declared the resolution adopted.
Regular Meeting Minutes of April 21, 2014
39015
A communication from the City of Livonia, Engineering Department., dated
April 21, 2014, regarding 2014 DWRF Water Main Improvements Resolution
Requirements, was received and placed on file for the information of the Council.
On a motion by Pastor, seconded by Meakin, it was:
#117-14 WHEREAS, the City of Livonia wishes to construct
improvements to its existing water treatment and distribution system; and
WHEREAS, the water system improvements project formally adopted on
February 26, 2014 will be funded through the state of Michigan's Drinking
Water Revolving Loan Fund (DWRF) program; and
WHEREAS, the City of Livonia has sought and received construction bids
for the proposed improvements and has received a low bid in the amount
of $3,062,101.99 from Bidigare Contractors, Inc.; and
WHEREAS, the engineer, Todd J. Zilincik, P.E. has recommended
awarding the contract to the low bidder.
NOW THEREFORE BE IT RESOLVED, that the City of Livonia tentatively
awards the contract for construction of the proposed water system
improvements project to Bidigare Contractors, Inc., contingent upon
successful financial arrangements with the DWRF.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Scheel, Nash, Pastor, and Meakin
NAYS: Toy and Brosnan
The President declared the resolution adopted.
Kritzman returned to the podium at 7:46 p.m.
it was:
On a motion by Meakin, seconded by Scheel, and unanimously adopted,
#118-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 20, 2014, which transmits its
resolution 03-12-2014, adopted on March 18, 2014, with regard to Petition
2011-08-02-12, submitted by Carlin Edwards Brown P.L.L.C., on behalf of
American Multi -Cinema, Inc., requesting to amend Council Resolution
379-11, adopted on November 16, 2011 in order to extend the operating
Regular Meeting Minutes of April 21, 2014
39016
hours of the Class C licensed bar area (from 12:00 p.m. through 2:00 a.m.
on a daily basis) of the AMC Theatres Livonia 20 within the Paragon
Entertainment Campus, on property located on the east side of Haggerty
Road between Seven Mile Road and Eight Mile Road (19500 Haggerty
Road), in the Southwest 1/4 of Section 6, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 2011-08-02-12 is hereby approved and
granted, subject to the following conditions:
That condition #2 of Council Resolution #379-11 which reads, "That
the hours of operation for the bar area shall be limited to 4:00 p.m.
to 12:00 a.m. Monday through Friday, and 12:00 p.m. to 12:00 a.m.
on Saturdays, Sundays and holidays" shall be modified to read as
follows:
That the hours of operation for the bar area shall be limited to
12:00 p.m. to 2:00 a.m.;
2. That all other conditions imposed by Council Resolution #379-11,
which granted approval to utilize a Class C liquor license in
connection with a multi -screen movie theatre (AMC Livonia 20),
shall remain in effect to the extent that they are not in conflict with
the foregoing condition.
The President declared the resolution adopted.
A communication from the Director of Finance, dated April 1, 2014,
approved for submission by the Mayor re; delinquent accounts receivable balance, was
received and placed on file, for the information of the Council. (Pet. 2014-01-02-02)
Jason Canvasser, Clark Hill P.L.C., 500 Woodward Avenue, Suite 3500, Detroit,
Michigan 48226, addressed questions raised by Councilmembers regarding the long
term plans of CVS in Livonia. He stated that they currently operate four (4) stores in
Livonia with varying degrees of liquor licensing. The license they are currently asking for
is an escrowed license that would be transferred from a different CVS. There are
currently several other pharmacies in the City of Livonia that also have SDD licenses
and they are in direct competition with CVS Pharmacy. The MLCC has approved this
license and in their approval process they contacted the school across the street from
this location and there were no objections brought forward by the school in regards to
them obtaining this license. They have had no violations at their other locations in the
last four (4) years.
Discussion was held between Council members, the Petitioner and Mark Taormina, City
Planner in regards to the availability of transferred/escrowed liquor licenses, the location
of the CVS Store and their record concerning violations and lack thereof.
Regular Meeting Minutes of April 21, 2014
39017
Mike Allen, CVS Store Manager, 8811 Newburgh Road, Livonia, Michigan 48150, was
present to answer any questions of Council.
On a motion by Meakin, seconded by Pastor, it was:
#119-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 5, 2014, which transmits its
resolution 03-08-2014, adopted on March 4, 2014, with regard to Petition
2014-01-02-02, submitted by Woodward Detroit CVS, L.L.C., requesting
waiver use approval to utilize an SDD liquor license (sale of packaged
spirits over 21 % alcohol) in connection with the CVS Pharmacy in the Four
Oaks Shopping Center, on property located on the northwest corner of
Newburgh Road and Joy Road (8811 Newburgh Road), in the Northeast
1/4 of Section 32, which property is zoned C-1, the Council does hereby
reject the recommendation of the Planning Commission and Petition 2014-
01-02-02 is hereby denied for the following reasons:
1. That the petitioner has failed to affirmatively show that the proposed use is
in compliance with all of the general waiver use standards and
requirements as set forth in Section 19.06 of the Zoning Ordinance #543;
2. That the City is currently well served with SDD licensed establishments;
3. That there is no demonstrated need for additional SDD licensed facilities
in this area of the City; and
4. That the proposed use is incompatible to and not in harmony with the
surrounding uses in the area.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Kritzman, Pastor, Meakin, and Brosnan
NAYS: Toy, Scheel, Nash,
The President declared the resolution adopted.
At 8:00 p.m. Pastor stepped down from the podium to avoid any perceived conflict of
interest.
On a motion by Toy, seconded by Kritzman, it was:
#120-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 20, 2014, which transmits its
resolution 03-13-2014, adopted on March 18, 2014, with regard to Petition
2014-02-02-04, submitted by Dave Kauscher, requesting waiver use
approval to operate a full service restaurant (Hot Head Burritos) within the
Livonia Plaza Shopping Center, on property located on the south side of
Regular Meeting Minutes of April 21, 2014
39018
Five Mile Road between Merriman Road and Henry Ruff Road (30975
Five Mile Road), in the Northwest 1/4 of Section 23, which property is
zoned C-2, P and RUF, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2014-02-02-04 is hereby approved and granted, subject to the following
conditions:
1. That the maximum customer seating count for this restaurant shall
not exceed forty (40) seats;
2. That this restaurant shall provide disposal of grease waste in
accordance with Section 13.20.380 of the City Code of Ordinances;
3. That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Zoning Board of Appeals; and
4. That no LED lightband or exposed neon shall be permitted on the
site including, but not limited to, the building or around the windows.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Toy, Scheel, Nash, Kritzman, Meakin, and Brosnan
NAYS: None
The President declared the resolution adopted.
Pastor returned to the podium at 8:02 p.m.
A communication from the Director of Finance, dated April 14, 2014, re:
delinquent accounts receivable balance for One Under Bar & Grill, located at 35780
Five Mile Road, was received and placed on file for the information of the Council.
A communication the City of Livonia, Treasurer, dated April 21, 2014, re:
One Under, LLC/Tominna, LLC and payoff of the Roving Cart Fee in the amount of
$1,750.00 at One Under Bar & Grill, located at 35780 Five Mile Road, was received and
placed on file for the information of the Council.
Brian Tominna, One Under Bar & Grill, 35780 Five Mile Road, was present to answer
any questions of Council and thanked them for their time and consideration.
Regular Meeting Minutes of April 21, 2014
39019
At 8:02 p.m. Meakin stepped down from the podium to avoid any perceived conflict of
interest.
On a motion by Toy, seconded by Scheel,
#121-14 RESOLVED, that having considered a letter from Brian
Tominna, One Under Bar & Grill, dated April 1, 2014, which requests
permission to waive Section 8.32.070 (Noise Control) of the Livonia Code
of Ordinances, in connection with their Second Annual Cinco De Mayo
Festival on Saturday, May 3, 2014 from 6:00 p.m. until midnight, to be
held at One Under Bar & Grill, 35780 Five Mile Road, Livonia, Michigan,
the Council does hereby grant and approve this request on the condition
that One Under Bar & Grill shall fully repair and restore any damage to
any parking lot to the satisfaction of the Engineering Division and
Inspection department and provide valet parking services for attendees of
this event.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Toy, Scheel, Nash, Kritzman, Pastor, and Brosnan
NAYS: None
The President declared the resolution adopted.
Meakin returned to the podium at 8:04 p.m.
was:
On a motion by Pastor, seconded by Meakin, and unanimously adopted, it
#122-14 RESOLVED, that having considered a communication from
the Department of Law, dated April 4, 2014, approved for submission by
the Mayor, the Council does hereby authorize the Department of Law to
resolve the claim brought on behalf of Jodi Kozma and her legal
guardians, Wendy and John Kozma, in the amount of $35,000.00, and the
Department of Law is hereby authorized to do all things necessary or
incidental to the full performance of this resolution.
The President declared the resolution adopted.
During Audience Communication, Christopher Martin, 12275 Inkster Road,
addressed Council to again express his concerns regarding fencing violations at his
place of business that he started at the beginning of the meeting.
Eileen McDonnell, 36099 Brookview Street, asked if Council could
address the issue of Brighthouse Cable Networks broadcasting local Channel 8 and
Channel 12 in a format that was not available for everyone in the City to view. Recently
Regular Meeting Minutes of April 21, 2014
39020
they changed their broadcast to a digital format which makes it impossible to view these
stations without a digital box, for which there is a monthly fee.
Discussion was held concerning the fact that local cable was supposed to
be free. President Brosnan stated that our Cable Department has been looking into this
and this item would be placed onto the next Study Meeting.
Peter Behrmann, 693 Kingsley Drive, Wixom, Michigan 48393, announced
the free "Ask A Lawyer" event being held by the Livonia Bar Association. It will be held
on Thursday, May 1, 2014 from 5:30 p.m. to 7:30 p.m. at the Livonia Civic Center
Library.
On a motion by Pastor, seconded by Meakin, and unanimously adopted,
this 1,751 st Regular Meeting of the Council of the City of Livonia was adjourned at 8:13
p.m.
,zJ-W CC -
Te . r Marecki, City Clerk