HomeMy WebLinkAboutCOUNCIL MINUTES 2014-10-0639173
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND SIXTY-SECOND
REGULAR MEETING OF OCTOBER 6, 2014
On October 6, 2014, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by President Brosnan at
7:00 p.m. Councilperson Nash asked Boy Scout Jacob from Troop 782 to lead the
meeting in the Pledge of Allegiance.
Roll was called with the following result: Susan Nash, Brandon Kritzman,
John Pastor, Vice President Brian Meakin, Laura Toy, Lynda Scheel, and President
Maureen Miller Brosnan. Absent: None.
Elected and appointed officials present: Mark Taormina, City Planner; Todd
Zilincik, City Engineer; Judy Priebe, Director of Legislative Affairs; Terry Marecki, City
Clerk; Don Knapp, City Attorney; and Mayor Jack Kirksey.
On a motion by Pastor, seconded by Scheel, it was:
#288-14 RESOLVED, that the Minutes of the 1,761st Regular Meeting
of the Council held September 15, 2014, are hereby approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Kritzman, Pastor, Toy, Scheel, Brosnan
NAYS: None.
PRESENT: Meakin
President Brosnan announced there is new data on Items #6 and #9.
Pastor extended birthday wishes to Lynda Scheel from the Council.
Vice -President Meakin announced there will be a beer tasting fundraiser for
the Livonia Community Foundation on October 29th at One Under Bar & Grill. Tickets are
$35 and can be purchased at the Chamber of Commerce or at his office at 33300 Five
Mile Road, Suite 102, or by calling 734-425-7555.
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Minutes of the October 6, 2014 Regular Meeting
Toy congratulated the Mayor and MDOT and all those involved on a job well
done and on the early completion of the 1-96 project.
President Brosnan wished a happy birthday to both Mark Taormina and
Todd Zilincik. She also congratulated the five Town Hall inductees who were honored
this past week at Madonna University and thanked Bill Joyner for orchestrating the event.
President Brosnan welcomed Paul Sutherland to the Channel 8 staff.
President Brosnan announced there will be three (3) Public Hearings to be
held in the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, Michigan for the
following items:
A Public Hearing being held on an application for Industrial Facilities
Exemption Certificate from NYX, Incorporated, for building improvements,
machinery and equipment, as well as furniture and fixtures at their facility
located at 38900 Plymouth Road within City of Livonia Industrial
Development Overlay District No. 112, will be held on Wednesday, October
22, 2014 at 7:00 p.m. in the Auditorium of City Hall, 33000 Civic Center
Drive.
A Public Hearing being held on Petition 2014-08-01-06 submitted by Kucyk,
Soave and Fernandes, P.L.L.C., pursuant to Section 23.01 of the City of
Livonia Zoning Ordinance #543, as amended, requesting to rezone
properties located on the south side of Plymouth Road between Newburgh
Road and Eckles Road (38801 and 38901 Plymouth Road), in the
Southwest '/ of Section 30 from R-U-F(Rural Urban Farm) to R-1 (One
Family Residential) will be held on Monday, October 27, 2014 at 7:00 p.m.
in the Auditorium of City Hall, 33000 Civic Center Drive.
A Public Hearing on the proposed revised assessment roll for the Levan
Road Sanitary Sewer Project for the installation of a new 10 -inch sanitary
sewer main located on the east side of Levan Road (15160, 15200 and
15230 Levan Road), in the Northeast '/ of Section 20 will be held on
Monday, October 27, 2014 at 7:00 p.m. in the Auditorium of the City Hall,
33000 Civic Center Drive.
President Brosnan announced that there is new data on Items #6 and #9.
During Audience Communication John Grzebik, 11301 Hubbell, of PTSA,
gave an update on the PTSA and invited all to the Board of Education Forum for school
board candidates that will be held on Tuesday, October 7, 2014 at the Board of Education
board room.
Chief Curtis Caid informed everyone about "Cloud 9", the latest synthetic
drug being abused by young adults and stated they have not seen it in Livonia as yet and
that the Police have taken a proactive approach by randomly visiting gas stations and
other establishments that would typically sell this type of product. The Wayne County
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Health Department has declared it a health emergency making it a misdemeanor to
possess the substance. He encouraged parents to moderate teens and warned of the
dangers of it.
Christopher Martin, 11037 Hubbard, Livonia, MI 48150 addressed the issue
of burned out street lights on Plymouth Road between Inkster and Newburgh and would
like to see them replaced.
Janice Centers, 18221 Farmington, Jaycees Junior Chamber of Commerce
Board Member, invited all to "Lagers for Lunches" being held at One Under Banquet Hall,
where proceeds will be used to pay off lunch debts of schools within Livonia. The event
will take place on Friday, November 21s' from 7:00 — 11:00 p.m. and tickets are $40.
A communication from the Department of Finance, dated August 26, 2014,
re: forwarding various financial statements of the City for month ending July 31, 2014,
was received and placed on file for the information of the Council.
A communication from the Department of Finance, dated September 17,
2014, re: forwarding the Quarterly Investment Report for the City of Livonia as of August
31, 2014 was received and placed on file for the information of the Council.
At the direction of the Chair, on request by Vice -President Meakin, Item #2
was removed from the Consent Agenda.
On a motion by Toy, supported by Scheel, it was:
#289-14 RESOLVED, that having considered an application from
Abigail Edwards and Deb Strautz, 15540 Woodside, dated September 3,
2014, requesting permission to close Woodside Street between Roycroft
and Sherwood on Sunday, October 19, 2014, from 11:00 a.m. to 5:00 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, October 26, 2014, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#290-14 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 27, 2014, which bears
the signatures of the City Attorney and the Director of Finance, and is
approved for submission by the Mayor, and to which is attached a proposed
agreement between the City of Livonia and the Wayne County Division of
Senior Citizens Services for the distribution of U.S.D.A. TEFAP
commodities products to low income residents through September 30,
2016, the Council does hereby authorize the Mayor and City Clerk, for and
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Minutes of the October 6, 2014 Regular Meeting
on behalf of the City of Livonia, to execute the said agreement in the manner
and form herein submitted, as well as to do all other things necessary or
incidental to the full performance of this resolution.
#291-14 RESOLVED, that having considered a communication from
the Director of Public Works, dated September 3, 2014, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby approve a three (3) year extension of the
existing contract with Brendel's Septic Tank Service, LLC, 9481 Highland
Road, White Lake, Michigan 48386, for providing portable toilet service for
the City's 2015 through 2017 season at the unit prices agreed upon in their
proposal, dated February 5, 2007, and agreed upon in November 2011, with
a price freeze for the next three years, retaining the $5.00 per unit reduction
in the prior contract for monthly handicap units, for the estimated total
annual cost of $34,900.00; FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $34,900.00 from funds already
budgeted for this purpose in the 2014-2015 Fiscal Year in Account No. 205-
527-818-000 (Municipal Refuse Fund); FURTHER, the Council does hereby
authorize the action herein without competitive bidding for the reasons
indicated in the aforesaid communication, and such action is taken in
accordance with Section 3.04.140(D)(4) of the Livonia Code of Ordinances,
as amended.
result:
#292-14 RESOLVED, that having considered a letter from Enrico E.
Soave, Attorney on behalf of Leo Soave Building Company Inc., dated
September 4, 2014, requesting a waiver of the street lighting requirement,
Section 16.24.340 (Street Lighting) of the Livonia Code of Ordinances, for
Livonia Manor If Site Condominiums, located at 31700 and 31750 Seven
Mile Road, re: to keep the lighting consistent with Livonia Manor Site
Condominiums directly to the east of this subdivision, the Council does
hereby grant and approve this request in the manner and form herein
submitted.
A roll call vote was taken on the foregoing resolutions with the following
AYES: Nash, Kritzman, Pastor, Meakin, Toy, Scheel, Brosnan
NAYS: None.
Vice -President Meakin clarified his request to have Item #2 removed from
the Consent Agenda to state the request of Valassis was to close one-half of Victor
Parkway on the date of the event and not all of Victor Parkway.
On a motion by Meakin, supported by Toy, and unanimously approved, it
was:
#293-14 RESOLVED, that having considered an application from
Tina Schiller from Valassis, dated September 3, 2014, requesting
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permission to barricade Victor Parkway between Seven and Eight Mile and
Pembroke off of Newburgh, on Saturday, November 1, 2014, between
7:00 a.m. and 10:30 a.m., for the purpose of conducting a 5K
Fun/Run/Walk Wellness Event for their employees, the Council does
hereby grant permission to barricade one-half of Victor Parkway, between
Seven and Eight Mile and Pembroke off of Newburgh, the action taken
herein being made subject to the approval of the Police Department.
A communication from the Department of Law, dated September 26, 2014,
re: an administrative response to questions raised at the Legislative Affairs Committee
meeting of Monday, September 22, 2014 was received and placed on file for the
information of the Council.
A communication from Steven Cohen, Cohen & Associates, P.C., dated
August 26, 2014 regarding the Livonia Dog Ordinance was received and placed on file
for the information of the Council.
Toy, as chairperson of the Legislative Affairs Committee, reported on the
actions of the Committee concerning the history of the ordinance relating to dogs.
Toy gave first reading to the following Ordinance.-
AN
rdinance:
AN ORDINANCE AMENDING SECTION 260 OF TITLE 6, CHAPTER 04
(DOGS), OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
Dr. Karen Wroblewski from Allen Hospital, 19066 Farmington Road, spoke
about the different governmental bodies that oversee certain types of veterinary practices
in the State of Michigan, kennels and groomers having none.
was:
On a motion by Toy, seconded by Meakin, and unanimously adopted, it
#294-14 RESOLVED, that Council does hereby refer the subject of the
regulation of veterinary hospitals to the Legislative Affairs Committee for its
report and recommendation.
Toy gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 040, 120, 130, 180, 230, 261,
270 AND 280 OF TITLE 6, CHAPTER 04 (DOGS) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Nash, Kritzman, Pastor, Meakin, Toy, Scheel, Brosnan
NAYS: None
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Minutes of the October 6, 2014 Regular Meeting
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
was:
On a motion by Pastor, seconded by Meakin, and unanimously adopted, it
#295-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 30, 2014, which sets forth its
Resolution 07-42-2014 adopted on July 29, 2014, with regard to Petition
2014-07-06-01, submitted by the City Planning Commission, pursuant to
Council Resolution #174-14 and Section 23.01(a) of the Livonia Zoning
Ordinance No. 543, as amended, to amend Section 11.03(p) of Article XI to
require as a condition of the granting of any waiver for a retail building or
space of thirty thousand (30,000) square feet or more intended to be a
single unit, a statement that the building as proposed will be attractive to
other tenants in the event the initial tenant ceases its occupancy of the
building, including a description of the features of the building which will
make it attractive to prospective replacement tenants, the Council does
hereby approve Petition 2014-07-06-01 for preparation of the ordinance for
submission to Council; and the Department of Law is requested to prepare
an ordinance amending Ordinance No. 543, as amended, in accordance
with this resolution.
On a motion by Toy, supported by Pastor, and unanimously adopted, it was.-
#296-14
as:
#296-14 RESOLVED, that Leo Soave Building Company Incorporated,
as proprietor, having requested the City Council approve the proposed
Livonia Manor II Site Condominium Development, located at 31700 and
31750 Seven Mile Road, in the Southeast 1/4 of Section 3 of the City of
Livonia (hereafter the "Condominium"), and it further appearing that
approval of the site plan for the Condominium was given by the City
Planning Commission on August 15, 2006, and by the City Council on
September 13, 2006, and it further appearing the such site plan, together
with Development Plans and Specifications for Improvements, have been
examined and approved by the Department of Public Works as set forth in
the report of that Department dated July 10, 2006; and the City Council
having approved the Master Deed on September 13, 2006, in Council
Resolution 452-06; therefore, the City Council does hereby establish the
following requirements:
(1) All of the improvements, utilities and grading shall be constructed, installed
and accomplished in conformity with the provisions of the ordinances of the
City of Livonia, and the regulations and specifications of the Department of
Public Works and the Development Plans submitted by the proprietor and
approved by such Department; all such improvements to be constructed,
installed, accomplished and completed within a period of two (2) years from
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39179
the effective date of this resolution; failing this, the approval contained
herein shall be considered null, void and of no effect whatsoever,
(2) That all inspection fees and other charges due to the City of Livonia shall
be fully paid at the time and in the manner provided in the said ordinance
provisions;
(3) That the installation of all such improvements shall be subject at all times to
the supervision and inspection and final approval of the Department of
Public Works, and such improvements shall not be considered as having
been satisfactorily and completely installed until there is filed with the City
Council the certificate as provided in such ordinance provisions;
(4) That the proprietor enter into an agreement with the City of Livonia agreeing
to construct, within the prescribed period of time and in the prescribed
manner, all improvements required to the extent required by the City of
Livonia and as shown on the approved Development Plans;
(5) That as a condition of obtaining final approval of the Master Deed prior to
the completion of all required improvements, the proprietor shall file with the
City of Livonia a corporate surety bond, certified check, cash bond,
irrevocable letter of credit, or other financial assurance in such form as may
be approved by the Department of Law guaranteeing the satisfactory
installation of all such improvements, utilities and grading by the proprietor
within the prescribed period in the following amounts:
(a) General Improvement Bond $556,000.00, of which at least
$ 55,600.00 shall be in cash
(b) Sidewalk Bond $30,800.00, of which at least
$ 5,000.00 shall be in cash
(c) Grade & Soil Erosion
Control Bond $ 3,000.00 (all cash)
(d) Landscape/Entrance Markers $ 5,000.00 (all cash)
(e) Monuments and Markers Bond $ 700.00 (all cash)
and require cash payments in addition to the above amounts, in the total
amount of $36,632.68.
(6) That all required cash deposits, certified checks, irrevocable bank letters of
credit and/or surety bonds which shall be established by the City Engineer
pursuant to Article XVIII of Ordinance No. 543, Section 18.66 of the
ordinance, shall be deposited with the City prior to the issuance of
engineering permits for this site condominium development; and
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39180
(7) That the distribution lines for telephones and electric service are to be
placed underground and ornamental streetlights are to be provided
throughout the Condominium in accordance with City ordinances.
A communication from the Planning Commission dated October 2, 2014, re: sign
package for the Michigan Schools & Government Credit Union, was received and
placed on file for the information of the Council.
A communication from Mike Blanek, Stucky Vitale Architects, dated September 29,
2014, re: updated plans for the Michigan Schools and Government Credit Union,
was received and placed on file for the information of the Council.
was:
On a motion by Toy, seconded by Kritzman, and unanimously approved, it
#297-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 21, 2014, which transmits its
Resolution 08-44-2014, adopted on May 13, 2014, with regard to Petition
2014-07-02-10, submitted by Stucky Vitale Architects, requesting waiver
use to construct and operate a credit union with drive-thru facilities
(Michigan Schools and Government Credit Union), located on the
southwest corner of Farmington and Eight Mile Roads (20595 Farmington
Road) in the Northeast 1/4 of Section 4, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 2014-07-02-10 is hereby approved and
granted, subject to the following conditions:
1. That the Architectural Site Plan marked Sheet SP1.1 prepared by
Stucky Vitale Architects, dated September 24, 2014, as revised, is hereby
approved and shall be adhered to, except as modified below;
2. That the traffic lanes serving the drive -up service facilities shall be
allowed to be nine feet six inches (9'-6") in width only if the ten foot (10')
requirement is waived by the City Council by means of a separate resolution
by which two-thirds of the members of the City Council concur;
3. That the Landscape Plan marked Sheet LP1.1 prepared by Deak
Planning & Design, dated September 25, 2014, is hereby approved and
shall be adhered to;
4. That the Exterior Elevations Plan marked Sheet A2.1 prepared by
Stucky Vitale Architects, dated September 24, 2014, as revised, is hereby
approved and shall be adhered to;
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5. That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient building setbacks
and any conditions related thereto;
6. 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;
7. 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; however, the total area of all wall signs
together shall not exceed 90 square feet;
8. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows;
9. 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; and
10. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time of application for
building permits.
On a motion by Toy, seconded by Meakin, it was.-
#298-14
as:
#298-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 21, 2014, which transmits its
Resolution 08-44-2014, adopted on May 13, 2014, with regard to Petition
2014-07-02-10, submitted by Stucky Vitale Architects, requesting waiver
use to construct and operate a credit union with drive-thru facilities
(Michigan Schools and Government Credit Union), located on the
southwest corner of Farmington and Eight Mile Roads (20595 Farmington
Road) in the Northeast 1/4 of Section 4, which property is zoned C-2, the
Council does hereby waive the ten foot (10') width requirement set forth in
section 11.03(c)(3)d of Zoning Ordinance No. 543, as amended, to allow for
a minimum nine -foot six inches (9'-6") width for the drive -up lanes and the
bypass lane for drive-thru traffic.
A roll call vote was taken with the following results:
AYES: Nash, Kritzman, Pastor, Meakin, Toy, Scheel, Brosnan
NAYS: None
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39182
On a motion by Toy, seconded by Scheel, and unanimously adopted, it was:
#299-14 RESOLVED, that having considered a communication from
the Department of Law, dated September 22, 2014, wherein it is requested
that Council Resolution #166-14 be amended to add additional verbiage
required by the State of Michigan Department of Treasury pertaining to
personal property exemptions, the Council does hereby amend and revise
Council Resolution #166-14 so as to read as follows:
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 amended Application has been received; and
WHEREAS, the City Council has afforded Leapers Inc., the Assessor, and
a representative of each of the affected taxing units an opportunity for a
hearing on this amended Application and said hearing having in fact been
conducted at 7:00 p.m., Wednesday, May 14, 2014, at the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan.
WHEREAS, the aggregate SEV of real and personal property exempt from
ad valorem taxes within the City of Livonia, after granting this certificate, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus
the SEV of personal and real property thus exempted; and
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, Leapers Inc., finds and determines: (a) 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 amended Application for
Industrial Facilities Exemption Certificate from Leapers Inc. for new
machinery and equipment and improving the building at their facility located
at 32500 Capitol within the City of Livonia Industrial Development Overlay
District No. 110 for 7 years, originally approved August 24, 2011 in Council
Resolution 280-11, such certificate to expire December 30, 2018.
3. That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a letter of agreement between the
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applicant and the City is required in order to clarify the understanding and
the commitment between the applicant and the City upon approval of an
Industrial Facilities Exemption Certificate, the Council hereby authorizes the
Mayor and City Clerk to sign such Letter of Agreement (as amended) as
duly executed by the applicant and incorporate such Letter of Agreement
as part of the documentation required to process applications for Industrial
Facilities Exemption Certificates.
4. Council Resolution No. 166-14 adopted on June 2, 2014, is hereby
amended and revised to the extent necessary to be consistent with the
action taken herein.
During Audience Communication Christopher Martin, 12275 Inkster Road,
Livonia, MI, reiterated his request for a city-wide leash law and also to ban dogs at City
events.
On a motion by Toy, seconded by Meakin, and unanimously adopted, this
1,762"d On
Meeting of the Council of the City of Livonia was adjourned at 7:34 p.m.
Terry A; Marecki, City Clerk