HomeMy WebLinkAboutCOUNCIL MINUTES 2013-12-02 38882
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FORTY-SECOND
REGULAR MEETING OF DECEMBER 2, 2013
On December 2, 2013, 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 McCann announced three members from Boy Scout Troop #271
were present in the Audience and asked them to lead the meeting with the Pledge of
Allegiance
Roll was called with the following result: James McCann, Joe Laura, John
Pastor, Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, and Laura Toy
Absent: None
Elected and appointed officials present: Mark Taormina, City Planner;
Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Terry Marecki, City
Clerk, Don Knapp, City Attorney; and Mayor Jack Kirksey
On a motion by Pastor, seconded by Robinson, it was
#386-13 RESOLVED, that the Minutes of the 1,741st Regular Meeting
of the Council held November 18, 2013, are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES McCann, Laura, Pastor, Robinson, Brosnan, and
Kritzman
NAYS None
PRESENT Toy
President Toy declared the resolution adopted
Vice President Pastor extended Happy Birthday wishes to the following
individuals his colleague, Ashley McMasters, his friend, Janet Cappola, his niece, Amy
(onthe 6th), his niece, Layla (on the 8th),, Council-elect member Brian Meakin (on the
s
11 ), and his lovely wife, Linda (on the 7 ) Vice President Pastor also extended Happy
Regular Meeting Minutes of December 2, 2013 38883
Anniversary wishes to his son Ryan and his wife, who he indicated celebrated their one
year anniversary on Sunday
McCann extended Happy Birthday wishes to his family members as
follows, his son, Tyler; his grandson, Kaiden, his wife, Linda, and his nephew, Chris.
McCann also wished his loving wife a Happy Anniversary and stated they will celebrate
their 27th wedding anniversary on December 13th
President Toy announced on Thursday, December 5, 2013, WRCJ will air
an interview with Livonia Symphony Orchestra President, Rose Kachnowski, at 1 00
p m. President Toy indicated the radio station is a classic and jazz station and indicated
the Livonia Symphony Orchestra does many great things throughout the community and
is well-supported by many residents, Councilmembers and Mayor Kirksey President
Toy wished the group "many congratulations" for their achievements and endeavors
President Toy requested a moment of silence to honor the recent passing
of Ricky Bergquist, loving son of Cindy and Rick Bergquist, longtime Livonia residents.
President Toy stated the Bergquist family were dear family friends of herself and her
sister and encouraged those dealing with similar circumstances to offer love to their
family members and friends
President Toy recognized in the Audience Council-elect members Brian
Meakin, Susan Nash and Lynda Scheel President Toy indicated these individuals have
been doing their best to keep apprised of Council Agenda items and stated she
appreciated them attending the meetings to stay informed and looked forward to
working with them in January
Mayor Kirksey addressed Council to make a couple announcements and
started with the City's Annual Tree Lighting ceremony scheduled to take place on
Tuesday, December 3rd, at 7 00 p m , and encouraged those who wish to participate to
gather in the Atrium at City Hall. Mayor Kirksey also announced this year's season of
leaf pick-up is running a week behind due to the unprecedented late drop of leaves
Mayor Kirksey stated all subdivisions were scheduled for two separate leaf pick-ups and
encouraged those who have already had their second scheduled pick-up to remove all
leaves from the streets, as the City will not be able to make a third pass through
subdivisions
There was no Audience Communication at the beginning of the meeting
A communication from the Office of the Treasurer, dated November 25,
2013, re additional information requested by Council at the Study meeting of November
18, 2013, relative to the BS&A Software used at the Treasurer's Office, was received
and placed on file for the information of the Council
On a motion by Pastor, seconded by Kritzman, it was
Regular Meeting Minutes of December 2, 2013 38884
#387-13 RESOLVED, that having considered the report and
recommendation of the City Treasurer, dated November 4, 2013, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the proposal of
BS&A Software, 14965 Abbey Lane, Bath, Michigan 48808, for yearly
service and support from November 1, 2013, through October 31, 2016,
for the Equalizer Internet Tax/Assessing System in an amount not to
exceed $23,000 00 per year from funds contained in Account Number
101-253-851-020, FURTHER, the Council does hereby authorize this
purchase without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with
Section 3 04 140 D 3 of the Livonia Code of Ordinances, as amended
#388-13 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated October 23, 2013, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the purchase
of eight (8) marked and three (3) unmarked police vehicles utilizing the
State of Michigan and counties of Oakland and Macomb consortium bid
pricing, as follows
Three (3) 2014 Ford Police Interceptor Utilities at $28,803 00 each from
Signature Ford, 1960 E Main Street, Owosso, Michigan 48867, through
the Macomb County bid consortium,
One (1) 2014 Ford Police Interceptor Utility from Signature Ford, 1960 E.
Main, Owosso, Michigan 48867, in the amount of $28,683 00, through
the Macomb County bid consortium,
One (1) 2014 Ford Police Interceptor Sedan from Signature Ford, 1960
E Main, Owosso, Michigan 48867, in the amount of $26,876 00, through
the Macomb County bid consortium,
Two (2) 2014 Ford Taurus SEL models from Signature Ford, 1960 E
Main, Owosso, Michigan 48867, in the amount of $23,268 00 each,
through the State of Michigan bid,
Two (2) 2014 Chevrolet Tahoe Police Pursuit Vehicles from Berger
Chevrolet, 2525 28th Street SE, Grand Rapids, Michigan 49512, in the
amount of$27,806 73 each through the Oakland County bid consortium,
One (1) 2014 Dodge Charger Police Package from Bill Snethkamp, 6131
S Pennsylvania Avenue, Lansing, Michigan 48911, in the amount of
$25,572 00 through the State of Michigan bid consortium,
One (1) 2014 Chevrolet Impala LT from Berger Chevrolet, 2525 28th
Street SE, Grand Rapids, Michigan 49512, in the amount of $24,942 00
through the State of Michigan bid consortium,
Regular Meeting Minutes of December 2, 2013 38885
FURTHER, the total amount not to exceed $294,631 46 for the purchase
of these eleven (11) vehicles is to be expended from funds already
budgeted for this purpose in Account No 101-325-985-000, FURTHER,
the Council does hereby determine to authorize the said purchases
without competitive bidding inasmuch as the same is based upon the low
State of Michigan and/or low Oakland County or Macomb County
consortium bids and/or such action is taken in accordance with the
provisions set forth in Section 3 04 140 D 4 of the Livonia Code of
Ordinances, as amended, FURTHER, the Council does hereby authorize
the disposal of vehicles that are being replaced in the fleet by either re-
assigning to another City Department or sale at auction
#389-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 4, 2013, which transmits
its resolution 10-72-2013, adopted on October 29, 2013, with regard to
Petition 2013-09-02-28, submitted by HES Builders, L.L.C, requesting
waiver use approval to construct a chapel addition with fixed seating on
property located on the south side of Jamison Avenue between
Middlebelt Road and Harrison Avenue in the Northwest 1/4 of Section 24,
which property is zoned RUF, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2013-09-02-28 is hereby approved and granted, subject to the following
conditions
1 That the Site Plans marked Drawing No SP1, SP3 and SP4
prepared by HES Engineering, Inc., all dated September 27, 2013,
are hereby approved and shall be adhered to,
2 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient setback
and any conditions related thereto,
3 That the Building Elevation Plan marked Drawing No A2 prepared
by HES Engineering, Inc , dated September 27, 2013, is hereby
approved and shall be adhered to,
4 That the petitioner shall be allowed to landbank parking spaces
pursuant to Section 18 37(j) of the Zoning Ordinance, and also
reconfigure the driveway providing access to the Parish Activity
Center, subject to review and approval by the City Planning,
Inspection and Engineering Departments,
5 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, and
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6 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time of application
for building permits
A roll call vote was taken on the foregoing resolutions with the following result:
AYES McCann, Laura, Pastor, Robinson, Brosnan, Kritzman, and
Toy
NAYS None
McCann gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTION 060 OF TITLE 9, CHAPTER 04
(OBSTRUCTING OFFICERS AND CITY BUSINESS) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at an upcoming Regular meeting
Kritzman gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTION 010 OF TITLE 9, CHAPTER 40
(DISORDERLY PERSONS) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at an upcoming Regular meeting
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 7 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 2013-07-01-04)
A roll call vote was taken on the foregoing Ordinance with the following result:
Regular Meeting Minutes of December 2, 2013 38887
AYES McCann, Laura, Pastor, Robinson, Brosnan, Kritzman, and
Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 19 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 2013-06-01-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McCann, Laura, Pastor, Robinson, Brosnan, Kritzman, and
Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
A communication from CESO, Inc , dated November 22, 2013, re updated
Site Plan and Landscape Plan dated November 20, 2013, for Tim Donut U S Limited,
Inc (Tim Horton's) for the proposed location at 37685 Five Mile Road, was received and
placed on file for the information of the Council (Petition 2013-09-02-23)
On a motion by Robinson, seconded by Brosnan, and unanimously
adopted, it was
#390-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 30, 2013, which transmits
its resolution 10-66-2013, adopted on October 29, 2013, with regard to
Petition 2013-09-02-23, submitted by Tim Donut U S Limited, Inc ,
requesting waiver use approval to construct and operate a limited service
restaurant with drive-up window facilities (Tim Horton's) on property
Regular Meeting Minutes of December 2, 2013 38888
located on the south side of Five Mile Road between Newburgh Road and
Blue Skies Avenue (New Five Village Shopping Center) in the Northeast
1/4 of Section 19, which property is currently zoned C-1 and is proposed to
be rezoned to C-2, the Council does hereby concur in the
imp recommendation made by the City Planning Commission and Petition
2013-09-02-23 is hereby approved and granted, subject to the following
conditions
1 That the Site Plan marked Sheet TH 4 0 prepared by CESO, Inc.,
dated November 20, 2013, is hereby approved and shall be
adhered to, except as provided below;
2. A full curb shall be used to define the drive thru traffic lane along
the east and south sides of the property, and shall include a bypass
opening as depicted on the aforementioned Site Plan that will
include the installation of a directional "Do Not Enter" sign located
on the adjacent shopping center drive aisle,
3 This approval shall be subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking and
any conditions related thereto, if deemed necessary upon final
review of the submitted parking analysis, revised striping plan,
cross access and parking agreements, and any previous parking
4 variance(s),
That the Landscape Plan marked Sheet TH 5 0 prepared by CESO,
Inc., dated November 20, 2013, is hereby approved and shall be
adhered to, except as provided below;
5 That the maximum customer seating for the restaurant shall not
exceed twenty six (26) interior seats and sixteen (16) outdoor patio
seats,
6 That the Exterior Elevations Plans submitted by Tim Horton's, as
received by the Planning Commission on October 25, 2013, are
hereby approved and shall be adhered to,
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 the three walls of the trash dumpster area shall be constructed
out of the same brick used on 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 the orientation of the dumpster shall be rotated
Regular Meeting Minutes of December 2, 2013 38889
such that the gates face in a southerly direction and can be
accessed via the adjoining shopping center driveway;
9 That all pole mounted light fixtures shall not exceed a height of
sixteen (16) feet above grade, and shall be full-cutoff fixtures aimed
and shielded so as to minimize glare trespassing on adjacent
properties and roadway;
10 All signage shall be conforming, however, the Petitioner shall be
allowed a second wall sign equal to no more than one-half the total
area of the main sign on either the west or east side of the building,
but not both, as depicted on the exterior elevation plans, subject to
Zoning Board of Appeals approval and only under a circumstance
in which a separate ground sign or identification on any of the
existing shopping center monument signs is not allowed,
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 sound levels of the order board speakers shall not be audible
to any adjacent residential properties, and
13 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 Robinson, seconded by Brosnan, and unanimously
adopted, it was
#391-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 30, 2013, which transmits
its resolution 10-67-2013, adopted on October 29, 2013, with regard to
Petition 2013-09-02-24, submitted by Wright's Hardware requesting
waiver use approval to conduct open-air sales of merchandise including
the sale of utility trailers at 29150 Five Mile Road (Wright's Hardware), on
property located on the north side of Five Mile Road between Middlebelt
Road and Harrison Avenue in the Southwest ' of Section 13, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2013-09-02-24 is hereby approved and granted, subject to the following
conditions
1 That the Site Plan submitted by Wright's Hardware as received by
the Planning Commission on September 25, 2013, is hereby
approved and shall be adhered to, except that permission at this
Regular Meeting Minutes of December 2, 2013 38890
time is granted only for outdoor storage and display of merchandise
for the area identified on the plan as Phase I,
2 That the outdoor storage of merchandise, including any utility
trailers, shall be limited to the existing 1,360 square foot fenced-in
area along the north side of the building identified as Phase I, and
this area shall be maintained in an orderly manner at all times,
3 That this approval does not authorize any type of outdoor storage
or display of merchandise, including utility trailers, within the rear or
side yard portions of the site, including the area identified on the
site plan as Phase II,
4 That prior to initiating Phase II or the use of any portion of the rear
or side yard areas for the storage or display of merchandise, the
Petitioner shall be required to submit detailed plans showing the
type and height of fencing proposed, a description of the type and
quantities of merchandise proposed to be stored and/or displayed,
lighting details, and any changes to the ground surface, for review
and approval by the Planning Commission and City Council,
5 That for any outdoor retail sales and/or display of plant materials,
lawn furniture, playground equipment, or other home garden
supplies between the period of October 16 through March 31, this
approval is subject to the City Council granting a separate waiver
pursuant to Section 19 06(1) of the City of Livonia Zoning
Ordinance No 543, as amended,
6 That adequate and properly directed lighting facilities, not
exceeding 20 feet in height, shall be provided for the illumination of
the storage area, and
7 That the plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time of application
for the Certificate of Occupancy
On a motion by McCann, seconded by Kritzman, and unanimously
adopted, it was
#392-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 31, 2013, which transmits
its resolution 10-68-2013, adopted on October 29, 2013, with regard to
Petition 2013-09-02-25, submitted by OSI Restaurant Partners, L L.0 ,
requesting waiver use approval to construct and operate a full service
restaurant (Outback Steakhouse) within an outlot on the site of Meijer,
13000 Middlebelt Road, on property located on the east side of Middlebelt
Road between the CSX Railroad right-of-way and Schoolcraft Road in the
Regular Meeting Minutes of December 2, 2013 38891
Northwest % 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 2013-09-02-25 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan marked Drawing No P-2 1 prepared by
Professional Engineering Associates, dated November 1, 2013, as
revised, is hereby approved and shall be adhered to, except that
the driveway on the north side of the site off Millennium Park Drive
shall be modified to allow for one-way incoming traffic only;
2 That the Landscape plan marked Drawing No L-1 1 prepared by
Professional Engineering Associates, dated November 1, 2013, as
revised, is hereby approved and shall be adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of hydro-
seeding,
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 maximum customer seating count shall not exceed a total
of two hundred thirty-four (234) seats, including two hundred two
(202) interior seats and thirty-two (32) outdoor patio seats,
6 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking and
any conditions related thereto,
7 That the Building Elevation Plans marked E-1 and E-2 prepared by
Outback Steakhouse, as received by the Planning Commission on
November 1, 2013, are hereby approved and shall be adhered to,
except that red brick shall be provided along the bottom portion of
the building's façade and that a "tower" element shall be provided
on the east elevation as depicted on the color renderings submitted
to the City Council on December 2, 2013,
8 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,
9 That the three walls of the trash dumpster area shall be constructed
out of building materials that shall complement that of the building,
and the enclosure gates shall be of solid panel steel construction or
Regular Meeting Minutes of December 2, 2013 38892
durable, long-lasting solid panel fiberglass and maintained, and
when not in use closed at all times,
10 That all pole mounted light fixtures shall not exceed a height of 20
feet above grade and shall be shielded to minimize glare
trespassing on adjacent properties and roadway;
11 That approved signage is for the north, south, and west elevations
only, as shown, and subject to approval by the Zoning Board of
Appeals,
12 That there shall be no direct exposure of LED lighting or neon, such
as in the form of a "lightband," but that this condition shall not
preclude the use indirect LED lighting for the purpose of accenting
the architectural features of the building, and
13 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time of application
for building permits
Tim Moore, Design Project Manager, 11000 Fourth Street, St. Petersburg, Florida, was
present to answer any questions of Council and thanked Council for their time and
consideration (Petition 2013-09-02-25)
On a motion by McCann, seconded by Kritzman, and unanimously
adopted, it was
#393-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 31, 2013, which transmits
its resolution 10-69-2013, adopted on October 29, 2013, with regard to
Petition 2013-09-02-26, submitted by OSI Restaurant Partners, L.L.0 ,
requesting waiver use approval to utilize a Class C liquor license (sale of
beer, wine and spirits for consumption on the premises) in connection with
a full service restaurant (Outback Steakhouse) within an outlot on the site
of Meijer, 13000 Middlebelt Road, located on the east side of Middlebelt
Road between the CSX Railroad right-of-way and Schoolcraft Road 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 2013-09-02-26 is hereby approved and granted,
subject to the following conditions
1 That the use of a Class C liquor license at this location shall be
permitted only under the circumstances that the standard set forth
in Section 11 03(h) of the Zoning Ordinance, which specifies any
new Class C-licensed establishment not be located within 1,000
feet of any other such licensed business is waived by the City
Council;
Regular Meeting Minutes of December 2, 2013 38893
2 That the subject site has the capacity to accommodate the
proposed Class C license,
3 That the proposed use of a Class C license is compatible to and in
harmony with the surrounding uses in the area,
4 That the proposed Class C licensed establishment would be utilized
primarily as a restaurant; and
5 The approval is contingent upon the execution of an agreement by
the Petitioner that is satisfactory to the Law Department which
provides that the waiver use is granted exclusively to OSI
Restaurant Partners, L.L.0
On a motion by McCann, seconded by Kritzman, and unanimously
adopted, it was
#394-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 31, 2013, which transmits
its resolution 10-69-2013, adopted on October 29, 2013, with regard to
Petition 2013-09-02-26, submitted by OSI Restaurant Partners, L.L.0 ,
requesting waiver use approval to utilize a Class C liquor license (sale of
beer, wine and spirits for consumption on the premises) in connection with
a full service restaurant (Outback Steakhouse) within an outlot on the site
of Meijer, 13000 Middlebelt Road, located on the east side of Middlebelt
Road between the CSX Railroad right-of-way and Schoolcraft Road 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 2013-09-02-26 is hereby approved waiving the
1,000 foot separation requirement as set forth in Section 11 03(h) of
Zoning Ordinance No 543
A communication from Foresta Architects, LLC, received in the Office of
the City Clerk on December 2, 2013, re revised Exterior Elevations Plans dated
November 27, 2013, for the proposed Dunkin' Donuts restaurant located at the
Southeast corner of Plymouth Road and Wayne Road (34899 Plymouth Road), was
received and placed on file for the information of the Council (Petition 2013-09-02-27)
On a motion by Kritzman, seconded by McCann, and unanimously
adopted, it was
Regular Meeting Minutes of December 2, 2013 38894
#395-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 4, 2013, which transmits
its resolution 10-70-2013, adopted on October 29, 2013, with regard to
Petition 2013-09-02-27, submitted by Dunkin' Donuts requesting waiver
use approval to construct and operate a limited service restaurant with
drive-up window facilities (Dunkin' Donuts) at 34899 Plymouth Road,
located on the Southeast corner of Plymouth Road and Wayne Road in
the Northwest 1/4 of Section 33, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2013-09-02-27 is hereby approved and granted,
subject to the following conditions.
1 That the Site Plan marked SP-1 prepared by Foresta Architects,
Inc , dated November 13, 2013, is hereby approved and shall be
adhered to,
2 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient building
setback and any conditions related thereto,
3 That no left turns shall be allowed onto Wayne Road from the site's
northerly driveway;
4 That the maximum customer seating count shall not exceed thirty-
four (34) seats, including twenty-eight (28) interior seats and eight
(8) patio seats,
5 That the Landscape Plan marked LP-1 prepared by J Brian Devlin,
R.L.A., dated October 28, 2013, as revised, is hereby approved and
shall be adhered to,
6 That all disturbed lawn areas shall be sodded in lieu of hydro-
seeding,
7 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,
8 That the Exterior Elevations Plans marked A-2 and A-3 prepared by
Foresta Architects, Inc., both dated November 27, 2013, are hereby
approved and shall be adhered to,
9 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,
Regular Meeting Minutes of December 2, 2013 38895
10 That the three walls of the trash dumpster area shall be constructed
out of the same brick or masonry material that will be added to 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,
11 That all pole mounted light fixtures shall not exceed a height of 20
feet above grade and shall be shielded to minimize glare
trespassing on adjacent properties and roadway;
12 That only conforming signage is approved with this petition,
13 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
and
14 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time of application
for building permits
An e-mail communication from DeMattia Associates, Inc , dated
December 2, 2013, re request to remove from the Regular Agenda for Council the site
plan petition for proposal to remodel the exterior of the commercial center located at
33467 and 33501 Eight Mile Road (Philmar Plaza), was received and placed on file for
the information of the Council (Petition 2013-09-08-08)
At the direction of the Chair, Agenda Item #13 was removed from the
Agenda.
On a motion by Kritzman, seconded by McCann, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated November 13, 2013, which transmits
its resolution 11-79-2013, adopted on November 12, 2013, with regard to
Petition 201 3-1 0-08-10 submitted by Amanda Wong, requesting approval
of all plans required by Section 18 58 of the Zoning Ordinance in
connection with a proposal to remodel the exterior of the commercial
center (Middlebelt-Norfolk Plaza) at 20307-20337 Middlebelt Road,
located on the west side of Middlebelt Road between Eight Mile Road and
Norfolk Avenue in the Northeast 1/4 of Section 2, the Council does hereby
concur in the recommendation of the Planning Commission and Petition
2013-10-08-10 is hereby approved and granted, subject to the following
conditions
Regular Meeting Minutes of December 2, 2013 38896
1 That the Elevation Plan marked A-2 dated October 31, 2013, as
revised, prepared by A & M Consultants, is hereby approved and
2. shall be adhered to,
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,
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,
4 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
5 That the parking lot shall be repaired, resealed and restriped as
necessary to the satisfaction of the Inspection Department. Parking
spaces shall be doubled striped at ten feet (10') wide by twenty feet
(20') in length,
6 That all dying, dead, diseased or missing landscaping shall be
replaced at the direction of the Planning and Inspection
7 Departments,
That the specific plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for; and
8 Pursuant to Section 19 10 of Ordinance No 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
Following discussion by Council, Brosnan offered a friendly amendment to the proposed
resolution by Kritzman and McCann, as follows
RESOLVED, that having considered a communication from
the City Planning Commission, dated November 13, 2013, which transmits
its resolution 11-79-2013, adopted on November 12, 2013, with regard to
Petition 2013-10-08-10 submitted by Amanda Wong, requesting approval
of all plans required by Section 18 58 of the Zoning Ordinance in
connection with a proposal to remodel the exterior of the commercial
center (Middlebelt-Norfolk Plaza) at 20307-20337 Middlebelt Road,
located on the west side of Middlebelt Road between Eight Mile Road and
Norfolk Avenue in the Northeast 1/4 of Section 2, the Council does hereby
concur in the recommendation of the Planning Commission and Petition
Regular Meeting Minutes of December 2, 2013 38897
2013-10-08-10 is hereby approved and granted, subject to the following
conditions
1 That the Elevation Plan marked A-2 dated October 31, 2013, as
revised, prepared by A & M Consultants, is hereby approved and
shall be adhered to,
2 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,
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,
4 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
5 That the parking lot shall be repaired, resealed and restriped as
necessary to the satisfaction of the Inspection Department. Parking
spaces shall be doubled striped at ten feet (10') wide by twenty feet
(20') in length,
6 That all dying, dead, diseased or missing landscaping shall be
replaced at the direction of the Planning and Inspection
Departments,
7 That the specific plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for;
8 Pursuant to Section 19 10 of Ordinance No 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, and
9 Petitioner must provide updated, color renderings of the Site Plan
to the Planning Department prior to the Council Regular meeting of
December 16, 2013
A roll call vote was then taken on the amended resolution as offered by Kritzman,
seconded by McCann, as follows
#396-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 13, 2013, which transmits
its resolution 11-79-2013, adopted on November 12, 2013, with regard to
Regular Meeting Minutes of December 2, 2013 38898
Petition 2013-10-08-10 submitted by Amanda Wong, requesting approval
of all plans required by Section 18 58 of the Zoning Ordinance in
connection with a proposal to remodel the exterior of the commercial
center (Middlebelt-Norfolk Plaza) at 20307-20337 Middlebelt Road,
located on the west side of Middlebelt Road between Eight Mile Road and
Norfolk Avenue in the Northeast % of Section 2, the Council does hereby
concur in the recommendation of the Planning Commission and Petition
2013-10-08-10 is hereby approved and granted, subject to the following
conditions
1 That the Elevation Plan marked A-2 dated October 31, 2013, as
revised, prepared by A & M Consultants, is hereby approved and
shall be adhered to,
2 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,
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,
4 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
5 That the parking lot shall be repaired, resealed and restriped as
necessary to the satisfaction of the Inspection Department. Parking
spaces shall be doubled striped at ten feet (10') wide by twenty feet
(20') in length,
6 That all dying, dead, diseased or missing landscaping shall be
replaced at the direction of the Planning and Inspection
Departments,
7 That the specific plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for;
8 Pursuant to Section 19 10 of Ordinance No 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, and
9 Petitioner must provide updated, color renderings of the Site Plan
to the Planning Department prior to the Council Regular meeting of
December 16, 2013
Regular Meeting Minutes of December 2, 2013 38899
with the following result:
AYES McCann, Laura, Pastor, Robinson, Brosnan, Kritzman, and
Toy
NAYS None
The President declared the resolution adopted
A communication from Stucky Vitale Architects, received in the Office of
the City Clerk on December 2, 2013, re revised Site Plan, Exterior Elevations and
rendering for the proposed retail development at the Menards' outlot site located at
12701 Middlebelt Road, was received and placed on file for the information of the
Council (Petition 2013-10-08-11)
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
it was
#397-13 RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on October 29, 2013, on Petition
2013-10-08-11 submitted by Curis Companies, Inc requesting approval of
all plans required by Section 18 47 of the Zoning Ordinance in connection
with a proposal to construct two multi-tenant commercial buildings within
outlots on the site of the Menards Home Improvement Store, 12701
Middlebelt Road, located on the west side of Middlebelt Road between the
CSX Railroad right-of-way and Schoolcraft Road in the Northeast 1/4 of
Section 26, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 2013-10-08-11 is hereby
approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet No SP1 1 dated December 2,
2013, as revised, prepared by Stucky Vitale Architects, is hereby
approved and shall be adhered to, except that wavier use approval
is required prior to operation of the drive-up facility on Building #1,
2 That an appropriate recordable legal instrument, such as a Cross
Access Agreement, that gives notice and outlines the terms of how
the subject property would share parking and access with abutting
property(s), be supplied to the Inspection Department at the time a
3 building permit is applied for;
That the Landscape Plans marked Sheet No L301 and L302 both
dated October 31, 2013, as revised, prepared by Stucky Vitale
Regular Meeting Minutes of December 2, 2013 38900
Architects, are hereby approved and shall be adhered to, and
provided that the frontage improvements (i e , planter urns, walls
4 and landscape materials) match that of the adjacent developments,
That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
6 That the Exterior Building Elevation Plans marked Sheet No A3 1
and A3 2 both dated December 2, 2013, as revised, prepared by
Stucky Vitale Architects, are hereby approved and shall be adhered
to,
7 That the three walls of the trash dumpster area(s) shall be
constructed out of building materials that shall complement that of
the buildings, 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,
8 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
roadways,
9 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,
10 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
11 That the specific plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time of application
for building permits, occupancy permits and zoning compliance
permits, and
12 Pursuant to Section 19 10 of Ordinance No 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 December 2, 2013 38901
On a motion by Brosnan, seconded by McCann, and unanimously
adopted, it was
#398-13 RESOLVED, that the communication from the Department of
Law, dated November 6, 2013, approved for submission by the Mayor,
submitted pursuant to Council Resolution 332-13, regarding State law
licensing processes for massage therapists, the proposed resolution is
attached for the information of the Council,
WHEREAS, the City of Livonia recognizes that massage therapy is a
legitimate form of health care that benefits many of its residents,
WHEREAS, because the City of Livonia wished to promote and permit
massage therapy within its corporate boundaries while also ensuring that
those individuals providing that service (1) have formal education, training
and experience, (2) are free from communicable disease, and (3) do not
have criminal history, it amended its Code of Ordinances ("Code") to
establish reasonable requirements for those who wish to perform these
services,
WHEREAS, Livonia's Code requires, among other things, that applicants
for massage therapy or massage apprentice licenses undergo a criminal
background check to help ensure that massage therapists working in
Livonia are unlikely to engage in illicit behavior;
WHEREAS, Public Act 471 of 2008 amended the Public Health Code
("PHC") to establish regulations for massage therapists throughout the
State of Michigan,
WHEREAS, Section 17967 (MCL 333 17967) of the PHC preempts local
governments from establishing or maintaining licensing requirements for
massage therapists including Livonia's requirement for criminal
background checks,
WHEREAS, Section 17959 (MCL 333 17959) of the PHC requires an
applicant for a massage therapy license to be of "good moral character as
defined in Section 1 of 1974 PA 381, MCL 338 41" but does not mandate
the Michigan Department of Community Health ("Department") to perform
a criminal background check on an massage therapy license applicant;
WHEREAS, because local governments can no longer conduct
background checks of massage therapy license applicants, it is incumbent
upon the Department to ensure the legitimacy of those individuals to
whom it issues a license,
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
Livonia does hereby take this means to respectfully suggest to Governor
Regular Meeting Minutes of December 2, 2013 38902
Rick Snyder, State Senator Glenn Anderson, State Representative John J
Walsh, State Representative David Knezek, and the Michigan Municipal
League State and Federal Affairs Division that the Public Health Code be
amended to require the following
1 That the Department conduct criminal background checks of each
massage therapy license applicant; and
2 That the Department shall not issue a massage therapy license to
any applicant who has a prior felony conviction or misdemeanor
conviction for prostitution, solicitation of prostitution, or any crime of
dishonesty
On a motion by McCann, seconded by Brosnan, and unanimously
adopted, it was
#399-13 RESOLVED, that having considered a communication from
the Chief of Police, dated October 30, 2013, approved for submission by
the Mayor, the Council does, for and on behalf of the City of Livonia,
accept a cash donation in the amount of $1,000 00 from Allstate
Insurance, the same to be appropriated and credited to Account No 702-
285-213 (Trust Fund), to be used by the Division of Police to support the
2014 Passport to Safety Event.
On a motion by Brosnan, seconded by McCann, it was.
#400-13 RESOLVED, that having considered a communication from
the Department of Law, dated November 14, 2013, the Council does
hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the
Open Meetings Act, direct that a closed Committee of the Whole meeting
be held for the purposes of discussing litigation matters and attorney/client
privileged communications in connection with pending litigation, 29659
Seven Mile Road v City of Livonia, Michigan Tax Tribunal Docket No
436807
A roll call vote was taken on the foregoing resolution with the following result:
AYES McCann, Laura, Pastor, Robinson, Brosnan, Kritzman, and
Toy
NAYS None
The President declared the resolution adopted
On a motion by McCann, seconded by Laura, and unanimously adopted, it
was
Regular Meeting Minutes of December 2, 2013 38903
#401-13 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda.
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#402-13 RESOLVED, that having considered a communication from
the Director of Public Works, dated November 25, 2013, which bears the
signatures of the Superintendent of Public Service — Environment &
Utilities and the Director of Finance, and is approved for submission by the
Mayor, regarding the urgent need to repair the boom of the Department of
Public Works' Grade-All, the Council does hereby accept the proposal of
AIS Construction Equipment Corporation, 56555 Pontiac Trail, New
Hudson, Michigan 48165, for the emergency repair of the Department's
Grade-All, FURTHER, the Council does hereby appropriate and authorize
an expenditure in an amount not to exceed $28,470 43 from funds
budgeted in Account No 101-446-933-050 for this purpose, FURTHER,
the Council does hereby waive the City's competitive bid process for the
reasons outlined in the aforesaid communication and in accordance with
Section 3 04 140 D 1 of the Livonia Code of Ordinances, as amended
There was no Audience Communication at the end of the meeting
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
this 1,742nd Regular Meeting of the Council of the City of Livonia was adjourned at 7 47
pm
IA
Ter Qv arecki, City Clerk