HomeMy WebLinkAboutCOUNCIL MINUTES 2016-01-11 39633
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND NINETY-SECOND
REGULAR MEETING OF JANUARY 11, 2016
On January 11, 2016 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by President
McIntyre at 7:00 p.m. Councilmember Kritzman led the meeting in the Pledge.
Roll was called with the following result: Brandon Kritzman,
Maureen Miller Brosnan, Cathy White, Scott Bahr, Brian Meakin, and Kathleen
McIntyre. 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 M. Nash, City Clerk; Judy Priebe, Director of
Legislative Affairs; Mayor Dennis Wright.
On a motion by Meakin, supported by Brosnan, and unanimously adopted,
it was-
#01-16 RESOLVED, that the Minutes of the 1,791st Regular
Meeting of the Council held December 14, 2015 are hereby approved as
submitted.
Councilman Meakin presented John Grzebik and Rob Drzewicki with a
proclamation from Mayor Wright declaring January 16, 2016 as Day of PTA Dads,
commending all dads for their participation in the PTA organization. Both were
present to accept the commendation and thanked everyone involved in the
process.
There was no Audience Communication at the beginning of the meeting.
A communication from the Office of the Mayor, dated November 20, 20157
re: forwarding the Annual Report for the Fiscal Year 2014-2015, which reflects
activities of the Livonia City Departments, Commissions and Boards, was
received and placed on file for the information of the Council.
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Regular Meeting Minutes of January 11, 2016
On a motion by White, supported by Bahr, it was-
#02-16 RESOLVED, that having considered a communication from
the Assistant City Engineer, dated December 18, 2015, approved for
submission by the Mayor, to which is attached a letter from Greg Bellefleur,
President of HomereNew, on behalf of Neil and Maria Martinuzzi, dated
December 16, 2015, received by the Office of the City Clerk on December
18, 2015, requesting a waiver of the sidewalk requirement in front of the
new residence located at 18150 Fairfield Street, in the SW 1/4 of Section 10,
the Council does hereby approve this request inasmuch as omitting the
sidewalk on the subject property would have no detrimental effect upon the
neighboring properties at this time due to lack of any other public sidewalks
existing within the neighboring area; FURTHER, the Council does hereby
reserve the right to require sidewalks at this location in the event that
additional sidewalks are installed in this area at some future date.
#03-16 RESOLVED, that having considered a letter from Charlotte
Mahoney, Livonia Symphony Orchestra, dated December 14, 2015, the
Council does hereby take this means to indicate that the Livonia Symphony
Orchestra is recognized as a non-profit organization operating in the
community, and the action herein being taken for the purpose of affording
the Livonia Symphony Orchestra the opportunity to re-qualify for a
charitable gaming license or registration from the State of Michigan in
accordance with provisions of State statute.
#04-16 RESOLVED, that having considered the report and
recommendation of the Human Resources Director, dated December 15,
2015, which bears the signature of the Finance Director and is approved for
submission by the Mayor, which transmits Civil Service Commission
resolution #15-180, and the report and recommendation of the Co-Director
of Community Resources, dated December 2, 2015, requesting approval of
Transit/Grant classifications pay rate increase, for fiscal year 2015-2016,
the Council does hereby approve the pay rate increase (representing a 2%
wage rate increase) for fiscal year 2015-2016 to be effective December 1,
2015, with the only benefit provided being holiday pay after the completion
of 480 hours, subject to sufficient funding and these positions shall
terminate at such time funding is no longer available.
#05-16 RESOLVED, that having considered a communication from
the Director of Community Resources, dated December 15, 2015, which
bears the signatures of the Finance Director and the City Attorney and is
approved for submission by the Mayor, and to which is attached a proposed
agreement for the Specialized Services Operating Assistance Program
Third-Party Contract between SMART and the City of Livonia for the period
October 1, 2015 through September 30, 2016, with grant funds to be used
for the Livonia Community Transit Program to provide lift-equipped
transportation to the senior and disabled residents of the City, the Council
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Regular Meeting Minutes of January 11, 2016
does, for and on behalf of the City of Livonia, authorize the Mayor and City
Clerk to execute the said agreement in the manner and form herein
submitted, provided that the agreement is approved as to form and
substance by the department of law, and to do all other things necessary or
incidental to the full performance of this resolution.
#06-16 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated November 10, 2015, which bears
the signature of the Finance Director and is approved for submission by the
Mayor, the Council does hereby accept the bid of Allie Brothers, Inc., 20295
Middlebelt, Livonia, Michigan 48152, for supplying the Fire Department with
uniforms and related uniform items for the unit prices set forth in the
attachment, for a period of two (2) years for the total estimated price of
$100,890.19, the Council having determined to accept such bid for the
reason that said bid was the lowest bid actually received which met all
specifications; FURTHER, the Council does hereby authorize an
expenditure in the total estimated amount of $100,890.19 from funds
already budgeted in Account No. 101-338-768-000 (Uniform) for this
purpose.
#07-16 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated December 17, 2015, 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 one (1) 2016
GMC Sierra 1500 Crew Cab 44 Pickup Truck, from Red Holman Buick
GMC, 35100 Ford Road, Westland, MI 48185, for a total cost not to exceed
$33,993.70, as a replacement vehicle for the Fire and Rescue Department,
the same to be expended from funds already budgeted for this purpose in
Account No: 101-338-985-000 (Fire Suppression - Capital Outlay —
Vehicles); FURTHER, the Council does hereby determine to authorize the
said purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price under Contract No. 071 B1300007,
and 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 the replaced
vehicle at public auction hosted by the Michigan Inter-governmental Trade
Network (MITN) or commercial auction after receipt of the new vehicle.
#08-16 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated December 17, 2015, 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 one (1) Zoll
X-Series Bi-Phasic Cardiac Monitor/Defibrillator for the Fire Department for
a total price of $31,404.38, from Zoll Medical Corporation, 269 Mill Road,
Chelmsford, Massachusetts 01824-4105; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $31,404.38
from funds already budgeted in Account No. 101-338-987-000 (Fire
Fighting — Capital Outlay — Other Equip.); FURTHER, the Council does
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Regular Meeting Minutes of January 11, 2016
hereby authorize the said action without competitive bidding for the reason
that Zoll Corporation is the sole vendor for the X-Series 12-lead Cardiac
Monitor/Bi-phasic Defibrillator, and such action is taken in accordance
Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended.
#09-16 RESOLVED, that having considered a communication from
the Fire Chief, dated December 17, 2015, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, with
regard to a request to approve a Tag-On Order from Pierce Manufacturing
Inc., through Halt Fire, Inc., the Council does hereby approve a tag-on order
to the City's most recent order with Halt Fire, Inc., pursuant to Council
Resolution #353-13, approved on November 6, 2013, for the purchase of
two (2) replacement fire engine pumpers in an amount not to exceed
$969,127.00, from Halt Fire, Inc., 50169 W. Pontiac Trail Unit 5, Wixom,
Michigan 48393, using the same specification as the units that were
received in December 2014, to replace two (2) 2003 American LaFrance
Eagle Pumpers being removed from service and placed up for auction,
pursuant to Section 3.04.140.D.3 of the Livonia Code of Ordinances
because only this vendor offers the opportunity for a tag-on order;
FURTHER, the Council does hereby authorize an expenditure in an amount
not to exceed $969,127.00 from funds budgeted in Account No: 101-338-
985-000 (Fire Suppression — Capital Outlay -Vehicles) for this purpose.
#10-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 10, 2015, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, and approved for submission by the Mayor, regarding
additional appropriation and expenditure for construction engineering costs
related to the Levan Road Paving Project, previously authorized in Council
Resolution #222-15, adopted on July 20, 2015, the Council does hereby
appropriate and authorize an expenditure in an amount not to exceed
$21,000.00 from the Unexpended Fund Balance of the Road, Sidewalk and
Tree Fund (204) for construction engineering costs related to the Levan
Road Paving Project without competitive bidding pursuant to Section
3.04.140.D.2.b of the Livonia Code of Ordinances, such amount to be paid
to Anderson, Eckstein & Westrick, Inc., 51301 Schoenherr Road, Shelby
Township, Michigan 48315.
#11-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 15, 2015, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, and approved for submission by the Mayor, regarding
additional appropriation and expenditure for the final construction
engineering costs related to the Sears Drive Reconstruction Project, the
Industrial Road Reconstruction Project and the Traffic Signal Project at
Industrial Road and Millennium Drive, previously authorized in Council
Resolution #222-14, adopted on July 12, 2014 and Council Resolution
#254-14, adopted on August 18, 2014, the Council does hereby appropriate
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Regular Meeting Minutes of January 11, 2016
and authorize an expenditure in an amount not to exceed $139,800.00 from
the Unexpended Fund Balance of the Major Road Fund (202) to reimburse
Anderson, Eckstein & Westrick, Inc., 51301 Schoenherr Road, Shelby
Township, Michigan 48315 for costs incurred in subcontracting for testing
and in-house inspection related to the Sears Drive Reconstruction Project,
the Industrial Road Reconstruction Project and the Traffic Signal Project at
Industrial Road and Millennium Drive.
#12-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 11, 2015, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, and approved for submission by the Mayor, to which is
attached a summary outlining the final allocation of costs in connection with
the 2015 Sidewalk Program (Contract 15-G), pursuant to Council
Resolution #102-15, adopted on April 20, 2015, the Council does hereby
determine as follows-
1.
ollows:1. To establish the final project cost at $820,014.62 (this includes the 10%
Engineering Division's administrative fee) of which $173,431.01 is to be
charged to Single Lot Assessments and $645,320.11 is to be charged
to the following Account Nos.: $433,039.44 to the Road, Sidewalk and
Tree Fund (Account 204-441-818-104); $176,912.01 to the Michigan
Transportation Fund (Local Road Account); $9,543.62 to the Michigan
Transportation Fund (Major Road Account); and $25,825.04 to the
Water and Sewer Fund (also included in the final project cost are
$627.00 for the AT&T damaged walk; $261.25 for the Consumers
damaged walk, and $375.25 for the DTE damaged walk, these costs
were billed and paid for by the respective companies); and
2. To authorize an additional appropriation and expenditure in the amount
of$98,039.44 from Account No. 204-441-818-104 (Road, Sidewalk and
Tree Fund) to cover additional slab replacements related to repairs of
sidewalks heaved by tree roots and for the miscellaneous sidewalk work
done for AT&T, Consumers and DTE; and
3. To authorize an additional appropriation and expenditure in the amount
of $91,912.01 from the Unexpended Fund Balance of the Michigan
Transportation Fund (Local Road Account) to cover the costs related to
the construction or reconstruction of additional handicap ramps and
minor street repair of local roads and other City costs to cover the
administrative costs connected with this work; and
4. To authorize a not-to-exceed final payment of $128,528.78 to Joe
Rotondo Construction Corporation, 38807 Ann Arbor Road, Suite 2,
Livonia, Michigan 48150, to be paid for the work done as part of
Construction Estimate#4 and as the final payment upon the final release
by the Engineering Division for work related to Contract 15-G.
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Regular Meeting Minutes of January 11, 2016
#13-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 15, 2015, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, and approved for submission by the Mayor, regarding
additional appropriation and expenditure for additional repairs incurred for
the 2015 Concrete Road Repair Program (Contract 15-C), pursuant to
Council Resolution #55-15, adopted on March 2, 2015, the Council does
hereby determine as follows-
1.
ollows:1. To establish the final project cost at $2,721,000 to Hard Rock Concrete,
Inc., 38146 Abruzzi Drive, Westland, Michigan 48185; and
2. To authorize an additional appropriation and expenditure in an amount
not-to-exceed $161,000.00 from the Unexpended Fund Balance of the
Road, Sidewalk and Tree Fund (204) payable to Hard Rock Concrete,
Inc., 38146 Abruzzi Drive, Westland, Michigan 48185; and
3. To authorize the City Engineer to approve minor adjustments in the work
as needed.
#14-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 16, 2015, approved for
submission by the Mayor, which transmits its resolution #12-89-2015,
adopted on December 15, 2015, with regard to Petition 2015-11-02-24,
submitted by Action Paintball Park, L.L.C. requesting waiver use approval
pursuant to Section 16.11(f) of the City of Livonia Zoning Ordinance #543,
as amended, to operate an indoor recreational facility located on the west
side of Mayfield Avenue between Plymouth Road and Capitol Avenue
(11845 Mayfield Avenue) in the Southwest 1/4 of Section 27, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2015-11-02-24 is hereby approved and granted,
subject to the following conditions-
1.
onditions:1. That the Plan marked Sheet No. C-01 dated November 17, 2015, as
revised, prepared by D.S. Wright & Associates, P.C., is hereby
approved and shall be adhered to;
2. 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-lasting solid panel fiberglass and maintained and when
not in use closed at all times;
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3. That the hours of operation, parking, circulation and all other aspects
of this business shall be conducted in a manner that the use of this
facility for recreational purposes does not conflict with nor detract
from the normal operations of the surrounding industrial properties;
4. That adequate lighting be provided in the parking areas and
walkways as determined by the Inspection Department; and
5. 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.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Kritzman, Brosnan, White, Bahr, Meakin and McIntyre
NAYS: None
The President declared the resolutions adopted.
Brosnan, as Chair of the Committee of the Whole, reported out on the meeting of
December 8, 2015.
On a motion by Brosnan, supported by Kritzman, and unanimously adopted,
it was-
#15-16 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8,
2015, submitted pursuant to Council Resolution #109-04, regarding
the subject of the Community Development Block Grant Program,
the Council does hereby determine to take no further action with
regard to this matter.
On a motion by Brosnan, supported by Meakin, and unanimously adopted,
it was-
#16-16 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8,
2015, submitted pursuant to Council Resolution #228-07, regarding
the subject of the detention pond located at Wonderland Village and
any changes made to its configuration by Wayne County, the Council
does hereby determine to take no further action with regard to this
matter.
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Regular Meeting Minutes of January 11, 2016
On a motion by Brosnan, supported by Meakin, and unanimously adopted,
it was-
#17-16 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8,
2015, submitted pursuant to Council Resolution #258-09, regarding
the subject of prohibiting City fuel in connection with personal use of
City vehicles, the Council does hereby determine to take no further
action with regard to this matter.
On a motion by Brosnan, supported by Meakin, and unanimously adopted,
it was-
#18-16 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8,
2015, submitted pursuant to Council Resolution #325-09, regarding
the subject of adopting the proposed policy regarding prohibiting the
utilization of City fuel in connection with personal use of City vehicles,
the Council does hereby determine to take no further action with
regard to this matter.
On a motion by Brosnan, supported by Meakin, and unanimously adopted,
it was-
#19-16 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8,
2015, submitted pursuant to Council Resolution #400-10, regarding
the subject of take home City vehicles, the Council does hereby
determine to take no further action with regard to this matter.
On a motion by Brosnan, supported by Kritzman, and unanimously
adopted, it was-
#20-16 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8,
2015, submitted pursuant to Council Resolution#206-14, with regard
to the subject of rezoning the property under Petition 2014-11-01-07
and the building of a Holiday Inn Express on the property under site
plan Petition 2015-03-08-04, the Council does hereby determine to
take no further action with regard to this matter.
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Regular Meeting Minutes of January 11, 2016
A communication from Council President Kathleen McIntyre, dated January
4, 2016, re: presenting the Chairpersons and members of the various Council
Committees for the years 2016-2017, was received and placed on file for the
information of the Council.
Committee of the Whole Kathleen E. McIntyre, Chair
All Councilmembers
Capital Improvement, Natural Resources Brian Meakin, Chair
and Waste Management Brandon M. Kritzman, Vice Chair
Committee: Jim Jolly
Finance, Budget and Technology Scott Bahr, Chair
Committee: Cathy K. White, Vice Chair
Brandon Kritzman
Legislative Affairs Committee: Cathy K.White, Chair
Jim Jolly, Vice Chair
Maureen Miller Brosnan
Economic Development, Community Brandon M. Kritzman, Chair
Outreach and Strategic Maureen Miller Brosnan,Vice Chair
Planning Committee: Scott Bahr
Infrastructure and Community Transit Maureen Miller Brosnan, Chair
Committee: Scott Bahr, Vice Chair
Brian Meakin
Public Safety, Education and Jim Jolly, Chair
Recreation Committee: Brian Meakin, Vice Chair
Cathy White
On a motion by Brosnan, supported by Bahr, and unanimously adopted, it
was:
#21-16 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4,
2016, submitted pursuant to Council Resolution 498-05, the Council
does hereby designate Brandon M. Kritzman as the City's delegate
to the Southeast Michigan Council of Governments and does hereby
designate Cathy K. White as the City's alternate on a continuing
basis, or until further order of this Council by Council Resolution.
On a motion by Meakin, supported by Kritzman, and unanimously adopted,
it was:
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Regular Meeting Minutes of January 11, 2016
#22-16 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4,
2016, submitted pursuant to Council Resolution 498-05, the Council
does hereby designate Cathy K. White to serve as the Council
Representative on the Board of Directors of the Livonia Anniversary
Committee (SPREE) on a continuing basis, or until further order of
this Council by council resolution.
On a motion by White, supported by Kritzman, and unanimously adopted, it
was:
#23-16 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4,
2016, submitted pursuant to Council Resolution 498-05, with regard
to the Annual Meeting of the Michigan Municipal Risk Management
Authority, the Council does hereby designate the Director of Finance,
Michael T. Slater, as the official representative and voting
representative of the City of Livonia and does further designate Scott
Bahr as the alternate on a continuing basis, or until further order of
this Council by council resolution.
On a motion by Meakin, supported by Bahr, and unanimously adopted, it
was:
#24-16 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4,
2016, submitted pursuant to Council Resolution 498-05, the Council
does hereby designate Brian Meakin as Parliamentarian of the City
Council on a continuing basis, or until further order of this Council
by council resolution.
Pursuant to Council Resolution #33-10, Maureen Miller Brosnan will
remain City Council representative on the City's Tree Committee.
Pursuant to Council Resolution #14-14, Brian Meakin will remain City
Council representative to the Board of Trustees of the Livonia Employees
Retirement System remains in effect.
Pursuant to Council Resolution #15-14, Brandon Kritzman will remain City
Council Representative on the City's Hearts of Livonia Board.
A communication from Katherine A. Rippe, dated January 6, 2016, re:
Vacant Council Position, was received and placed on file for the information of the
Council.
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On a motion by Meakin, supported by Bahr, it was-
#25-16 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4, 2016,
pursuant to Council Resolution #394-15, which permanently refers the
subject of City elected position vacancies to committee, the Council
does hereby appoint Jim Jolly to fill the vacancy on the Livonia City Council,
which term expires December 31, 2017, such appointment to be effective
immediately upon taking the oath of office as required in Chapter X,
Section 2 of the City Charter, to be administered by the City Clerk.
The following individuals spoke on this issue:
Steve King, 33950 Coventry Drive
Jim Jolly, 17331 Woodside
Following discussion by Council, a roll call vote was taken on the motion made by
Meakin, seconded by Bahr, with the following result:
AYES: Kritzman, Brosnan, White, Bahr, Meakin and McIntyre
NAYS: None
The President declared the resolution adopted.
Kritzman stepped down from the podium to avoid any perceived conflict of interest
at 7:37 p.m.
On a motion by White, supported by Brosnan, it was-
#26-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 2, 2015, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, and approved for submission by the Mayor, regarding
additional appropriation and expenditure for the final construction
engineering costs for the 2015 Asphalt Paving Program (Contract 15-A),
previously authorized in Council Resolution No. 335-14, adopted on
November 5, 2014, Council Resolution No. 108-15, adopted on April 20,
2015, and reflecting the final construction contract amount approved in
Council Resolution No. 340-15, adopted on November 4, 2015, and further
reflecting the agreement by OHM Advisors to waive $18,200.00 in design
fees to which they would have theoretically been entitled, the Council does
hereby authorize an additional appropriation and expenditure in an amount
not to exceed $38,000.00 from the Unexpended Fund Balance of the Road,
Sidewalk and Tree Fund (204) for this purpose, payable to OHM Advisors,
34000 Plymouth Road, Llvonia, Michigan 48150.
A roll call vote was taken on the foregoing resolution with the following result:
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Regular Meeting Minutes of January 11, 2016
AYES: Brosnan, White, Bahr, Meakin and McIntyre
NAYS: None
The President declared the resolution adopted.
Kritzman returned to the podium at 7:38 p.m.
A communication from the Department of Public Works, Engineering
Division, dated January 8, 2016, re: Additional Information for Item #17, Regular
Meeting of January 11, 2016, Request for Noise Ordinance Waiver on 1-275 North
of 5 Mile Road to 8 Mile Road, was received and placed on file for the information
of the Council.
Sandra Carroll, 16397 Marsha, spoke on the issue of the Request for Noise
Ordinance Waiver on 1-275 North of 5 Mile Road to 8 Mile Road.
Craig Gauthier, 16124 Houghton, also addressed Council on the issue.
On a motion by Brosnan, supported by Meakin, and unanimously adopted,
it was-
#27-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 18, 2015, which
bears the signature of the City Attorney, is approved by the Director of
Inspection, and approved for submission by the Mayor, to which is attached
a communication from Michael Budai, PE, Traffic and Safety Operations
Engineer-Taylor, State of Michigan, Department of Transportation, dated
December 17, 2015, requesting the waiver of any applicable City noise
ordinance for the Michigan Department of Transportation in order to permit
a 24-hour work day in conjunction with the 1-275/1-96/M-5 Interchange,
South on 1-275 to North of 5 Mile Road Rehabilitation Project, the Council
does hereby refer this matter to the Infrastructure and Community Transit
Committee for its report and recommendation.
An email communication from Claudia Stanton, dated January 4, 2016, re:
Petition 2015-10-02-20, was received and placed on file for the information of the
Council.
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On a motion by Meakin, supported by Brosnan, it was-
#28-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 17, 2015, approved for
submission by the Mayor, which transmits its resolution #12-95-2015,
adopted on December 15, 2015, with regard to Petition 2015-10-02-20,
submitted by Newquest Crosswell Development Group, L.L.C., 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 (Sonic
Restaurant) located on the north side of Seven Mile Road between
Middlebelt and Purlingbrook Roads (29622 Seven Mile Road) in the
Southeast 1/4 of Section 2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 2015-
10-02-20 is hereby approved and granted, subject to the following
conditions-
1.
onditions:1. That the maximum customer seating count for this restaurant shall
not exceed a total of forty-one (41) seats, including thirty-two (32)
interior seats and nine (9) outdoor patio seats, or any other
combination of interior and/or exterior seating that does not exceed
the 19 available parking spaces;
2. That the two (2) spaces designated for the drive-up window
customers may be omitted only if this 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 Site Plan marked Sheet C2 prepared by Metro Consulting
Associates, dated December 11, 2015, as revised, is hereby
approved and shall be adhered to;
4. That the Landscape Plan marked Sheet C5 prepared by Metro
Consulting Associates, dated December 11, 2015, as revised, is
hereby approved and shall be adhered to;
5. That the hours of operation of the restaurant and the drive-up window
operations shall be limited to 6:00 a.m. to midnight, seven days a
week;
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;
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8. That the landscaped greenbelt along the site's western property line,
as shown on the approved plans, is hereby accepted and shall be
substituted for the protective wall required by Section 18.45 of the
Zoning Ordinance;
9. That any change of circumstances in the area containing the
greenbelt resulting in a diminution of the greenbelt's effectiveness as
a protective barrier, the owner of the property shall be required to
submit such changes to the Planning Commission for their review
and approval or immediately construct the protective wall pursuant
to Section 18.45;
10. That the Building Elevation Plans marked A3.01 and A3.02 as
received by the Planning Commission on October 13, 2015, are
hereby approved and shall be adhered to, except for the fact that the
fiber cement board panels shown on the east and west elevations of
the building shall be replaced with brick;
11. 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;
12. That the three walls of the trash dumpster area shall be a minimum
seven feet (7') in height, 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-lasting solid
panel fiberglass and maintained and when not in use closed at all
times;
13. 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;
14. 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;
15. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows;
16. 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;
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Regular Meeting Minutes of January 11, 2016
17. 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
18. 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 the following
result:
AYES: Kritzman, Brosnan, White, Bahr, Meakin and McIntyre
NAYS: None
The President declared the resolution adopted.
On a motion by Brosnan, supported by Bahr, it was-
#29-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 17, 2015, approved for
submission by the Mayor, which transmits its resolution #12-95-2015,
adopted on December 15, 2015, with regard to Petition 2015-10-02-20,
submitted by Newquest Crosswell Development Group, L.L.C., 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 (Sonic
Restaurant) located on the north side of Seven Mile Road between
Middlebelt and Purlingbrook Roads (29622 Seven Mile Road) in the
Southeast 1/4 of Section 2, the Council does hereby waive the requirement
that at least two (2) parking spaces beyond the drive-up window be
designated for use by drive-up window patrons set forth in Section
11.03(c)(1)(a)(5) of Zoning Ordinance No. 543, as amended, in connection
with the approval of waiver use Petition 2015-10-02-20.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kritzman, Brosnan, White, Bahr, Meakin and McIntyre
NAYS: None
The President declared the resolution adopted.
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Regular Meeting Minutes of January 11, 2016
A communication from Gary Daniels of DCA, LLC, dated January 7, 2016,
re: Petition 2015-10-02-21, was received and placed on file for the information of
the Council.
A communication from Hazel Bunting, Owner of Stingers Exotics, dated
December 11, 2012, re: Petition 2015-10-02-21, was received and placed on file
for the information of the Council.
A communication from the Planning Department, dated January 7, 2016,
re: a map showing existing RV Storage Lots in the City of Livonia, was received
and placed on file for the information of the Council.
On a motion by White, supported by Meakin, and unanimously adopted, it
was:
#30-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 20, 2015, approved for
submission by the Mayor, which transmits its resolution #11-82-2015,
adopted on November 17, 2015, with regard to Petition 2015-10-02-21,
submitted by DCA, L.L.C., requesting waiver use approval pursuant to
Section 16.11(d)(3) of the City of Livonia Zoning Ordinance #543, as
amended, to develop and operate an outdoor storage yard for recreation
vehicles located on the north side of Plymouth Road between Farmington
and Stark Roads (33710 — 33760 Plymouth Road) in the Southeast 1/4 of
Section 28, the Council does hereby refer this matter to the Committee of
the Whole for its report and recommendation.
On a motion by Brosnan, supported White, it was-
#31-16
as:#31-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 18, 2015, approved for
submission by the Mayor, which transmits its resolution #11-83-2015,
adopted on November 17, 2015, with regard to Petition 2015-10-02-22,
submitted by Creative Touch Therapeutic Massage requesting waiver use
approval pursuant to Section 9.03(m) of the City of Livonia Zoning
Ordinance #543, as amended, to operate a massage establishment within
the multi-tenant office building located on the east side of Farmington Road
between Curtis Avenue and Seven Mile Road (18922 Farmington Road) in
the Northwest 1/4 of Section 10, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 2015-
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Regular Meeting Minutes of January 11, 2016
10-02-22 is hereby approved and granted, subject to the following
conditions:
1. That this facility shall conform to the provisions set forth in Chapter
5.49 of the Livonia Code of Ordinances pertaining to massage
establishments;
2. That the petitioner shall not engage in any form of solicitation for
business within the public right-of-ways of Farmington Road or
Clarita Avenue; and
3. That the petitioner shall enter into a conditional agreement limiting
this waiver use to this user only, with the provision to extend this
waiver use to a new user only upon the approval of the new user by
the City Council.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kritzman, Brosnan, White, Bahr and McIntyre
NAYS: Meakin
The President declared the resolution adopted.
On a motion by Kritzman, supported by Meakin, and unanimously adopted,
it was-
#32-16 RESOLVED, that having considered a communication from
the Director of Community Resources, dated December 15, 2015, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does, for and on behalf of the City of
Livonia, accept the various cash donations, totaling: $17,073.33, from the
sources indicated therein for use by various Community resources
programs as indicated in the aforesaid communication; further, the council
does hereby appropriate and credit the amounts to the following accounts
for the purposes designated by the donors:
$1 964.00 to Account#702-285-219 Emergency Services
$3,156.00 to Account#702-285-214 Youth Commission Trust
$ 800.00 to Account#724-000-690-010 Arts Commission Special Events
$3,378.33 to Account#723-000-690-010 Historical Commission
Cont-Donations
$5,000.00 to Account#702-285-135 Greenmead Restoration
$2,775.00 to Account#702-285-216 Senior Citizen Programs
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Regular Meeting Minutes of January 11, 2016
On a motion by Meakin, supported by Kritzman, it was-
#33-16 RESOLVED, that having considered a communication from
the Department of Law, dated January 5, 2016, 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 purpose of discussing litigation matters and attorney/client privileged
communications in connection with pending litigation, John Kozma and
Wendy Kozma, as Co-Guardians of Jodi Renee Kozma v City of Livonia, et
al.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kritzman, Brosnan, White, Bahr, Meakin and McIntyre
NAYS: None
There was no Audience Communication at the end of the meeting.
On a motion by Meakin, supported by Kritzman, and unanimously
adopted, this 1,792nd Regular Meeting of the Council of the City of Livonia was
adjourned at 8:04 p.m. on January 11, 2016.
Susan M. Nash
City Clerk