HomeMy WebLinkAboutCOUNCIL MINUTES 2015-11-16 39582
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND EIGHTY-NINTH
REGULAR MEETING OF NOVEMBER 16, 2015
On November 16, 2015 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 Pastor led the meeting in the Pledge.
Roll was called with the following result: John Pastor, Brian Meakin,
Laura Toy, Lynda Scheel, Susan Nash, Brandon Kritzman and Maureen Miller
Brosnan. Absent: None.
Elected and appointed officials present: Mark Taormina, Director of
Economic Development and Planning; Todd Zilincik, Director of Engineering; Don
Knapp, City Attorney, Susan A. Hoff, City Clerk; Jackie Higham, Office of the
Council; Mayor Elect Dennis Wright and Mayor Jack Kirksey.
On a motion by Toy, supported by Nash, and unanimously adopted, it was:
#352-15 RESOLVED, that the Minutes of the 1,788th Regular
Meeting of the Council held November 4, 2015 are hereby approved as
submitted.
President Brosnan announced there is new data on Items #7, 8, 10, 12 and
13 and that there will be an X-item at the end of tonight's agenda.
She then announced there will be one (1) Public Hearing to be held on
Monday, November 30, 2015 at 7:00 p.m. in the Auditorium of the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan:
PETITION 2015-09-01-08 submitted by Ashley Capital, L.L.C., to rezone
part of the property located on the south side of Schoolcraft Road between
Inkster and Middlebelt Roads, (28101 Schoolcraft. Road) in the Northwest
114 of Section 25, from M-2 (General Manufacturing) to C-4 l (High Rise
Commercial — maximum 6 Stories).
During Audience Communication Mayor Kirksey informed everyone that the
new trash haulers will start their contract with the City on December 1 st which is a
Tuesday. He said details are on the City website.
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He then thanked Clerk Hoff for her service to the City as she leaves to go
to Westland as their Deputy Clerk.
Mayor Elect Wright was brought up and they spoke about the horrific
tragedy in France and extended thoughts and prayers to the victims and those that
protect us. Mayor Kirksey reminded everyone to be vigilant and exercise caution
and to report anything unusual they may see.
Christopher Martin, 11327 Hubbard, gave an update on the progress he has
made on his Inkster Road property and presented pictures of the property with the
new fencing he installed.
Chris Hivers, Parklane, commented that she would like to see some
changes made to the Livonia Spree and spoke about a fair that she had attended
out of state and suggested some ideas she would like to see incorporated at the
Spree.
A communication from the Department of Finance, dated October 20, 2015,
re: forwarding various financial statements of the City of Livonia for the month
ending September 30, 2015, was received and placed on file for the information of
the Council.
On a motion by Scheel, supported by Toy, it was:
#353.15 RESOLVED, that having considered a communication from
the Mayor, dated October 9, 2015, the Council does hereby approve of and
concur in the reappointment of Ken Harb, 16788 Westbrook, Livonia, MI
48154 to the Livonia Brownfield Redevelopment Authority for a term of
three years, which will expire on November 24, 2018.
#354-15 RESOLVED, that having considered a communication from
the Mayor, dated October 9, 2015, THE Council does hereby approve of
and concur in the reappointment of William Fried, 16009 Riverside, Livonia,
M1 48154 to the Livonia Brownfield Redevelopment Authority for a term of
three years, which will expire on November 24, 2018.
#355-15 RESOLVED, that having considered a communication from
the Director of Public Works, dated October 26, 2015, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby authorize Fiore Enterprises, LLC, 3411
West Fort Street, Detroit, Michigan 48216 and Stante Excavating, 46912
Liberty Drive, Wixom, Michigan 48393, to provide snow removal services
for city streets during the 2015-2016 snow season for snowfalls of over four
(4) inches in accumulation or as authorized by the Mayor, pursuant to the
terms stated in the attached proposals dated September 14, 2015 (Fiore
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Regular Meeting Minutes of November 16, 2015
Enterprises, LLC) and October 23, 2015 (Stance Excavating); FURTHER,
the Council does hereby authorize said action without competitive bidding
in accordance with Section 3.04.140.D.3 of the Livonia Code of Ordinances,
as amended; FURTHER, the Council does hereby authorize the
expenditures for such services from funds already budgeted in Account No.
101-463-818-020 (Road Maintenance Contractual Services) for this
purpose.
Christopher Martin, 11327 Hubbard, spoke about the resurfacing work that
was done on Inkster Road by Cadillac Asphalt and indicated that he had taken
extra precautions in preserving the work done by the contractors-
#356-15 RESOLVED, that having considered a communication from
the City Engineer, dated October 26, 2015, approved by the Director of
Public Works, which bears the signature of the City Attorney and the
Director of Finance, is approved for submission by the Mayor, to which is
attached an Intergovernmental Agreement between the County of Wayne
and the City of Livonia for the resurfacing of Inkster Road from Plymouth
Road (Old M-14) to Schoolcraft Road, the Council does hereby approve the
proposed Intergovernmental Agreement between the County of Wayne and
the City of Livonia; and the Mayor and City Clerk are hereby authorized, for
and on behalf of the City of Livonia, to execute the Intergovernmental
Agreement in the manner and form herein submitted; FURTHER, the
Council does hereby authorize an expenditure in an amount not to exceed
$56,147.00 from funds budgeted in Account No: 202-463-818-125 (Major
Street Fund - City Participation in MDOT and County Projects) for this
purpose; FURTHER, the Council does hereby authorize a Working Capital
Advance to the County of Wayne in the amount of $28,074.00 as fifty
percent (50%) of the City of Livonia's participation of the total project cost;
and the City Engineer is hereby authorized to approve any minor
adjustments in the work as it becomes necessary.
#357-15 RESOLVED, that having considered a communication from
the Director of Finance, dated October 23, 2015, approved for submission
by the Mayor, with regard to proposals received from insurance carriers in
connection with the City's self-insurance program for workers'
compensation, the Council does hereby authorize the Mayor and City Clerk
to enter into a contract for the period December 1, 2015 to November 30,
2016, with Citizens Management, Inc. (CMI), 645 West Grand River,
Howell, Michigan 48843, to provide the city with claims administrative
services for a total estimated premium cost of $44,743.00; without
competitive bidding in accordance with Section 3.04.140.D.3 of the Livonia
Code of Ordinances; FURTHER, the Council does hereby reject the bid of
Safety National and authorizes the Mayor and the City Clerk to enter into
a Contract for the period of December 1, 2015 to November 30, 2016 with
Midwest Employers Casualty Company, 14755 North Outer Forty Drive,
Suite 300, Chesterfield, Missouri 63017, to provide the City with excess
insurance coverage when losses from any one claim reaches $750,000.00,
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Regular Meeting Minutes of November 16, 2015
for a total estimated premium cost of$119,550.00.
#358-15 RESOLVED, that having considered a communication from
Council President Maureen Miller Brosnan, dated October 6, 2015, to
which is attached a proposed schedule of Council Study and Regular
Meetings for the period January 1, 2016 through December 31, 2016, in
accordance with the provisions of the Open Meetings Act, 1976 P.A. 267,
as amended, the Council does hereby approve the following dates for City
Council meetings for 2016, subject to change with notice:
STUDY MEETINGS REGULAR MEETINGS
JANUARY
Monday, January 4 (Starting time 8 PM) Monday, January 11
Monday, January 11 Wednesday, January 20
FEBRUARY
Wednesday, January 20 Monday, February 1
Monday, February 1 Wednesday, February 17
MARCH
Wednesday, February 17 Wednesday, March 9
Wednesday, March 9 Monday, March 21
APRIL
Monday, March 21 Monday, April 4
Monday, April 4 Monday, April 18
MAY
Monday, April 18 Wednesday, May 4
Wednesday, May 4 Monday, May 16
JUNE
Monday, May 16 Monday, June 6
Monday, June 6 Monday, June 20
JULY
Monday, June 20 Monday, July 11
Monday, July 11 Monday, July 25
AUGUST
Monday, July 25 Monday, August 8
Monday, August 8 Monday, August 22
SEPTEMBER
Monday, August 22 Wednesday, September 7
Wednesday, September 7 Monday, September 19
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OCTOBER
Monday, September 19 Monday, October 3
Monday, October 3 Monday, October 17
NOVEMBER
Monday, October 17 Wednesday, November 2
Wednesday, November 2 Monday, November 14
DECEMBER
Monday, November 14 Monday, December 5
Monday, December 5 Monday, December 19
*Subject to Change with Notice
A roll call vote was taken on the foregoing resolutions with the following
resu It:
AYES: Pastor, Meakin, Toy, Scheel, Nash, Kritzman and
Brosnan
NAYS: None
The President declared the resolutions adopted.
A communication from the Department of Law, dated November 12, 2015,
re: the incorporation of a Conditional Rezoning Statement as part of Petition 2015-
06-01-06, was received and placed on file for the information of the Council.
A copy of the proposed Zoning Ordinance amendment, re: Petition 2015-
06-01-06, was received and placed on file for the information of the Council.
A memo from the Department of Law, re: Petition 2015-06-0106, and
asking that a first read and emergency clause and second read be done at the
November 16, 2015 Regular Meeting.
A communication from .tames C. McCann, dated November 3, 3015, re:
Petition 2015-06-01-06 re: request to amend Petitioner's name from Charter Real
Estate, LTD to Livonia Storage Units, LLC, was received and placed on file for the
information of the Council.
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Regular Meeting Minutes of November 16, 2015
Meakin gave first reading to the following ordinance:
AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3.3934 THERETO (Petition 2015-06-01-06)
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.
Meakin invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon with the following
result:
AYES: Pastor, Meakin, Toy, Scheel, Nash, Kritzman and
Brosnan
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Revised site plan Sheets L-10, dated November 11, 2015; Al dated
November 10, 2015; A2 dated November 10, 2015; and A3 dated November 10,
2015, received in the Office of the City Clerk on November 13, 2015, were received
and placed on file for the information of the Council.(Petition 2015-09-08-15)
On a motion by Toy, supported by Scheel, and unanimously adopted, it was-
#359-15 RESOLVED, that the Council does hereby request, through
the Administration, a report and recommendation from the Livonia Police
Department on measures necessary to ensure that the storage facilities are
not used for meth labs and other illegal activity.
On a motion by Toy, supported by Scheel, and unanimously adopted, it was:
#360-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 12, 2015, which transmits its
resolution#10-72-2015, adopted on October 6, 2015, with regard to Petition
2015-09-0815, submitted by Charter Real Estate, on behalf of Livonia
Storage Units, in connection with a proposal to develop a self-storage
facility, located on the south side of Eight Mile Road between Grand River
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Regular Meeting Minutes of November 16, 2015
Avenue and Angling Road (28153 Eight Mile Road) in the Northeast 114 of
Section 1, The Council does hereby concur in the recommendation of the
Planning Commission and Petition 2015-09-08-15 is hereby approved AND
granted, subject to the following conditions:
1. That the Site Plan marked Sheet C-4.0, prepared by Wade Trim, dated
October 5, 2015, is hereby approved and shall be adhered to;
2. That appropriate recordable legal instrumentation, 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
building permit is applied for;
3. That the Landscape Plan marked Sheet L-1.0, prepared by Wade Trim,
dated November 11, 2015, as revised, is hereby approved and shall be
adhered to, except that additional plantings shall be provided along the
south side of the property to the extent they don't conflict with existing
utilities or planned storm water drainage facilities, at the direction of the
Planning and Inspection Departments;
4. That the Landscape Details Plan marked Sheet L-2.0, prepared by Wade
Trim, dated October 5, 2015, is hereby approved and shall be adhered
to;
5. That all disturbed lawn areas shall be sodded in lieu of hydroseeding,
and all other planted materials shall be installed to the satisfaction of the
Inspection Department and thereafter permanent maintained in a healthy
condition;
6. That underground sprinklers are to be provided for all landscaped and
sodded areas unless deemed. unnecessary by the Inspection
Department;
7. That the Exterior Building Elevation Plans marked Al, A2 and A3,
prepared by Meier Architects, all dated November 10, 2015, as revised,
are hereby approved and shall be adhered to;
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 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 soil erosion and sedimentation
control permits;
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Regular Meeting Minutes of November 16, 2015
10. That the photometric plan be modified so as to reduce the intensity of
the exterior lighting, and that all light fixtures 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,
11, That the issues as outlined in the correspondence dated September 30,
2015, from the Senior Fire Inspector shall be resolved to the satisfaction
of the Fire Department and/or Inspection Department;
12. 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;
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,
14. 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;
15. That there shall be no outside storage of materials or vehicles,
16. That the buildings shall be used only for storage purposes, and that no
business uses or operations shall be conducted on the premises within
any of the storage units, including, but not limited to- repair,
manufacturing, office, retail, or wholesale operations; and
17. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of
the City of Livonia, this approval is valid fora 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.
On a motion by Scheel, supported by Toy, it was.
RESOLVED, that having considered the report and recommendation
of the Superintendent of Public Service and the Director of Public
Works, dated October 26, 2015, which bears the signature of the
Director of Finance and is approved for submission by the Mayor,
regarding an additional appropriation and expenditure for unforeseen
issues that arose in connection with the 2015 Street Tree Planting
Program, previously authorized in Council Resolution #12-15,
adopted on January 12, 2015, the Council does hereby appropriate
and authorize an expenditure in an amount not to exceed $9,500.00
from the Unexpended Fund Balance of the Road, Sidewalk and Tree
Fund (204) for unforeseen issues that arose in connection with the
2015 Street Tree Planting Program to be paid to Greg Davis
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Regular Meeting Minutes of November 16, 2015
Landscape Services, Inc., 471 Renaud, Grosse Pointe, Michigan
48236.
On a motion by Meakin, seconded by Pastor, the following substitute motion
was offered:
RESOLVED, that having considered the report and recommendation
of the Superintendent of Public Service and the Director of Public
Works, dated October 26, 2015, which bears the signature of the
Mayor, regarding an additional appropriation and expenditure for
unforeseen issues that arose in connection with the 2015 Street Tree
Planting Program, previously authorized in Council Resolution #12-
15, adopted on January 12, 2015, the Council does hereby refer the
matter to the Committee of the Whole for its report and
recommendation.
After discussion by Council the motion to substitute was withdrawn by Vice
President Meakin.
On a motion by Scheel, seconded by Toy, the following friendly
amendment to the foregoing resolution was offered with the following result:
#361-15 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated October 26, 2015, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, regarding
an additional appropriation and expenditure in the amount of $9,500.00 for
unforeseen issues that arose in connection with the 2015 Street Tree
Planting Program, previously authorized in Council Resolution #12-15,
adopted on January 12, 2015, the Council does hereby appropriate and
authorize an expenditure in an amount not to exceed $6,900.00 from the
Unexpended Fund Balance of the Road, Sidewalk and Tree Fund (204) for
unforeseen issues that arose in connection with the 2015 Street Tree
Planting Program to be paid to Greg Davis Landscape Services, Inc., 471
Renaud, Grosse Pointe, Michigan 48236; FURTHER the Council does
hereby refer the balance of$2,600.00 to the Committee of the Whole for its
report and recommendation. (CR 12-15)
A roll call vote was taken on the foregoing resolution with the following
result.
AYES: Pastor, Meakin, Toy, Scheel, Nash, Kritzman
NAYS: Brosnan
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Regular Meeting Minutes of November 16, 2015
The President declared the resolution adopted.
A communication from the Department of Public Service, dated November
12, 2015, re: request to remove Item #10 from the Agenda, was received and
placed on file for the information of the Council.
At the direction of the Chair, Item #10 was removed from the Agenda.
On a motion by Toy, supported by Meakin, and unanimously adopted, it
was:
#362-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 9, 2015, which transmits its
resolution #10-71-2015, adopted on October 6, 2015, with regard to a Sign
Permit Application, Petition 2015-09-SN-05, submitted by YM Associates,
requesting approval for a ground sign for the commercial building located
on the east side of Middlebelt Road between Clarita Avenue and Seven Mile
Road (19046-19048 Middlebelt Road) in the Northwest 114 of Section 12,
the Council does hereby refer this matter to the Committee of the Whole for
its report and recommendation.
Pastor stepped down from the podium at 7:36 p-m. to avoid any perceived conflict
of interest.
A communication from DXU LLC, dated November 11, 2015, re: New
Popeye's Louisiana Kitchen restaurant, was received and placed on file for the
information of the Council.
A communication from Mark Taormina, Planning & Economic Development
Director, dated November 16, 2015, re: Revised Resolution A — Popeye's
Louisiana Kitchen, Inc., was received and placed on file for the information of the
Council.
On a motion by Meakin, supported by Kritzman, and unanimously adopted,
it was.
#363-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 8, 2015, approved for
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submission by the Mayor, which transmits its resolution #10-69-2015,
adopted on October 6, 2015, with regard to Petition 2015-09-02-17,
submitted by Brodersen Management, on behalf of Popeyes Louisiana
Kitchen, Inc., requesting waiver use approval pursuant to Section
11.03(c)(1) of the City of Livonia Zoning Ordinance #543, as amended, to
construct and operate a freestanding full service restaurant with drive-up
window facilities, located on the east side of Middlebelt Road between the
CSX Railroad right-of-way and Schoolcraft Road (13050 Middlebelt Road)
in the Northwest 114 of Section 25, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 2015-
09-02-17;, is hereby approved subject to the following conditions:
1. That the Site Improvements Plans/Site Plan marked Sheet C200
prepared by Woolpert, dated November 16, 2015, as revised, is hereby
approved and shall be adhered to,
2. That the Site Plan prepared by DXU Studio, dated November 11, 2015,
as revised, is hereby approved and shall be adhered to;
3. That in accordance with Section 18.37 0) of the Zoning Ordinance, the
petitioner shall be allowed to bank up to twenty five percent (25%) of the
total number of required parking spaces;
4. That the Site Improvements Plans/Landscape Plan marked Sheet C500
prepared by Woolpert, dated November 16, 2015, as revised is hereby
approved and shall be adhered to;
5. That all disturbed lawn areas shall be sodded in lieu of hydro-seeding;
6_ That underground sprinklers are to be provided for all landscaped and
sodded areas and all planted materials shall be installed to the satisfaction
of the Inspection Department and thereafter permanently maintained in a
healthy condition;
7. That the maximum customer seating count shall not exceed a total of
sixty (60) seats;
8. That the Building Elevation Plans prepared by DXU Studio, dated
November 11, 2015, as revised, 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;
10. 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 durable, long-
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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 twenty
feet (20') 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, and any
additional signage shall be separately submitted for review and approval
by the Zoning Board of Appeals;
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; j
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; and
15. 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.
A roll call vote was taken on the foregoing resolution with following result:
AYES: Meakin, Scheel, Nash, Kritzman, Brosnan
NAYS: Toy
Pastor returned to the podium at 7:39 p.m.
An email communication from Cindi Quinn-Ventura, dated November 16,
2015, re: Petition 2015-09-02-19, was received and placed on file for the
information of the Council
An email communication from Carina Gaynier, dated November 13, 2015,
re: Petition 2015-09-02-19, was received and placed on file for the information of
the Council.
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An email communication from Ann Carl, dated November 16, 2015, re:
Petition 2015-09-02-19, was received and placed on file for the information of the
Council.
:
An email communication received from Maureen Blair, dated November 13,
2015, re: Petition 2015-09-02-19, was received and placed on file for the
information of the Council.
An email communication from Stacy Wenderski 36450 Ladywood, 48154,
dated November 13, 2015, re: Petition 2015-09-02-19, was received and placed
on file for the information of the Council.
An email communication from Marie Marvin, 35029 Wood, dated November
11, 2015, re: Petition 2015-09-02-19, was received on placed on file for the
information of the Council.
An email communication from Joel Turbiak, 19593 Stamford Drive, dated
October 28, 2015, re: Petition 2015-09-02-19, was received and placed on file for
the information of the Council_
On a motion by Pastor, supported by Meakin, it was:
RESOLVED, that having considered a communication from the City
Planning Commission, dated October 22, 2015, approved for submission
by the Mayor, which transmits its resolution #10-76-2015, adopted on
October 20, 2015, with regard to Petition 2015-09-02-19, submitted by
Motor City Peaks, L.L.C., on behalf of Twin Peaks Restaurant, requesting
waiver use approval pursuant to Section 11.03(c)(1) and (h) of the City of
Livonia Zoning Ordinance #543, as amended, to expand the food service
and Class C liquor operations by constructing an outdoor dining patio and
remodel the exterior of the restaurant, located on the east side of Haggerty
Road between the Seven Mile and Eight Mile Roads (20120 Haggerty
Road) in the Northwest 114 of Section 8, the Council does hereby concur in
the recommendation made by the City Planning Commission and Petition
2015-09-02-19 is hereby approved and granted, subject to the following
conditions:
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Regular Meeting Minutes of November 16, 2015
1. That the site plan marked Sheet No. S1 dated September 22, 2015,
prepared by Creekwood Architecture, Inc_, is hereby approved and
shall be adhered to;
2. That the maximum customer seating count for the restaurant shall
not exceed a total of 332 seats, including 234 interior seats and 98
outdoor patio seats;
3. That the landscape plan marked Sheet No. L1 dated October 15,
2015, as revised, prepared by Creekwood Architecture, Inc., is
hereby approved and shall be adhered to;
4. That the type, sizes and quantity of the plant materials to be
planted along the outside edge of the patio shall be installed to the
satisfaction of the Planning and Inspection Departments and
thereafter permanently maintained in a healthy condition;
5. That appropriate recordable legal instrumentation, such as a cross
parking agreement, that gives notice and outlines the terms of how
the properties of the Chestnut Hills development would share
parking and access, be supplied to the City;
6. That the exterior elevation plans marked Sheet No. A2 and A3 both
dated August 24, 2015, prepared by Creekwood Architecture, Inc.,
are hereby approved and shall be adhered to, including the colored
rendering dated October 15, 2015, as prepared by United
Renderworks;
7. That live entertainment on the patio shall be prohibited;
8. That no part of the building shall exceed thirty-five feet (35') in
height;
9. That unless approved by the proper local authority, any type of
exterior advertising, such as promotional flags, streamers or
sponsor vehicles designed to attract the attention of passing
motorists, shall be prohibited;
10. That this approval does not include the sign above the canopy, only
previously approved 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 the
site including, but not limited to, the building or around the windows,
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Regular Meeting Minutes of November 16, 2015
12. That the issues as outlined in the correspondence dated October
12, 2015, from the Livonia Fire and Rescue Division shall be
resolved to the satisfaction of the Inspection Department;
13. That the issues as outlined in the correspondence dated October
16, 2015, from the Inspection Department shall be resolved to the
satisfaction of the Inspection Department;
14, 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
15. 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.
Petitioners Victor and Michael Ansara were present to answer any questions of
Council.
The following audience members spoke against the project:
Cindy Quinn-Ventura, 18517 Mayfield
Carina Gaynier, 18610 Mayfield
Maureen Blair, 14513 Riverside
Joel Turbiak, 19593 Stamford Drive
The following audience members spoke in favor of the project:
Susie Tukurian
Harry Kozarian, 2665 Webley Court
Maureen Bosman, 14337 Garden
Tom Bosman, 14337 Garden
Christopher Martin, 11327 Hubbard
A roll call vote was taken on the foregoing resolution with the following
resu It:
AYES: Pastor, Meakin, Scheel
NAYS: Toy, Nash, Kritzman and Brosnan
The President declared the motion failed for lack of support.
On a motion by Toy, supported by Scheel, it was:
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Regular Meeting Minutes of November 16, 2015
9364-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 24, 2015, which transmits
its resolution 09-62-2015, adopted on September 22, 2015, with regard to
Petition 2015-08-01-07, submitted by Kucyk, Soave & Fernandes, L.L.C_,
requesting to rezone the property located on the southwest corner of Hix
and Ann Arbor Roads (9449, 9447, 9445, 9443, 9441 and 9439 Hix Road),
in the Southwest 114 of Section 31, from PL (Public Land) to R-1 (One
Family Residential 60' x 120' Lots), and the Council having conducted a
public hearing with regard to this matter on Monday, October 26, 2015, the
Council does hereby approve Petition 2015-08-01-07, for preparation of the
ordinance for submission to Council; and the City Planner is hereby
instructed to cause the necessary map for publication to be prepared
indicating the zoning change herein approved and to furnish the same to
the Department of Law and, upon receipt of such map, the Department of
Law is.requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution.
Enricoh Soave, Petitioner, was present to answer questions from Council
Bryan Garchar, 36549 Ann Arbor Trail, spoke against the rezoning.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Pastor, Meakin, Toy, Scheel, Nash, Kritzman and
Brosnan
NAYS: None
The President declared the resolution approved.
On a motion by Pastor, supported by Toy, and unanimously adopted, it was:
#365-15 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 Toy, supported by Nash, it was:
#366-15 RESOLVED, that having considered the correspondence
from City Clerk, Susan A. Hoff, dated November 13, 2015, the Council does
hereby appoint Adriane Spencer to the Office of Deputy City Clerk of the
City of Livonia, for the period of December 1, 2015 through December 31,
2015, upon taking the oath of office as required in Chapter X, Section 2 of
the City Charter; FURTHER, the Council does hereby establish an annual
salary for this position in the amount of $54,142.40 with the understanding
that all benefits as previously approved by the Council for other appointed
positions within the City be also extended to this position.
39598
Regular-Meeting Minutes of November 16, 2015
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Pastor, Toy, Scheel, Nash, Kritzman and
Brosnan
NAYS: Meakin
The President declared the resolution adopted.
During Audience Communication Steve King, 33950 Coventry, addressed
Council on matters concerning Christopher Martin and Vice President Meakin
responded.
Cindi Quinn-Ventura, 18517 Mayfield, asked for clarification on the mayoral
veto process.
Christopher Martin, 11327 Hubbard, indicated he would bring his comments
to the Study Meeting.
On a motion by Toy, supported by Scheel, and unanimously adopted, this
1,789th Regular Meeting of the Council of the City of Livonia was adjourned at
8:36 p.m. on November 16, 2015.
Susan A. Hoff, City Clerk