HomeMy WebLinkAboutCOUNCIL MINUTES 2016-07-11 39860
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FOURTH
REGULAR MEETING OF JULY 11, 2016
On July 11, 2016 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by
President Kathleen McIntyre at 7:00 p.m. Councilmember Jolly led the meeting
in the Invocation, followed by Boy Scout Adam Katers from Troop 499 leading
with the Pledge.
Roll was called with the following result: Jim Jolly, Cathy White,
Scott Bahr, Brian Meakin, Brandon Kritzman, Maureen Miller Brosnan and
Kathleen McIntyre. Absent: None.
Elected and appointed officials present: Mark Taormina, Director
of Economic Development and Planning; Todd Zilincik, City Engineer; Don
Knapp, City Attorney; Susan M. Nash, Clerk; Judy Priebe, Director of Legislative
Affairs; Lynda Scheel, Treasurer; Ted Davis, Superintendent of Parks and
Recreation; Coline Coleman, Chief Accountant; Linda McCann, Director of
Community Resources; Curtis Caid, Chief of Police; and Mayor Dennis Wright.
On a motion by Meakin, supported by Kritzman, it was-
#255-16 RESOLVED, that the Minutes of the 1,803rd
Regular Meeting of the Council held June 20, 2016 are
hereby approved as submitted.
AYES: Jolly, White, Bahr, Meakin, Kritzman, Brosnan
NAYS: None
PRESENT: McIntyre
The President declared the resolution adopted.
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Regular Meeting Minutes of July 11, 2016
Bahr spoke about "Life Remodeled", an organization that the City, Livonia Public
Schools and the Chamber has paired with to volunteer to clean up the area
surrounding Denby High School. The program, "Livonia stands with Detroit", has
designated Wednesday, August 3rd as the day to join with the other volunteers
to remove blight in that neighborhood. Busing will be provided and interested
parties can register at www.liferemodeled.com/Livonia.
Brosnan presented Joe Taylor with a commendation for his thirty-eight years of
service to the City, sitting on various boards and commissions as well as City
Council, and spoke at length on the impact he made in her life by his mentoring.
Meakin also thanked him for his dedication to Livonia as well as the guidance
he provided over the years.
President McIntyre wished Clerk Nash a happy birthday.
She then thanked the Spree Committee for another successful event as well as
the Public Safety Department for their hard work during Spree Week.
She then announced there are three X-items on tonight's agenda, as well as
new data on Items 15, 16, 18 and 19.
Chief Caid thanked everyone for the support his department has been receiving
in light of recent incidents that have happened around the country.
During Audience Communication Dennis Shields, 19263 Fitzgerald Street,
addressed Council about the flooding problem he has experienced on his street
for the past 23 years.
Zilincik responded to his comments indicating that David Lear from his office has
been working with Mr. Shields and that they are hoping to have the issue
resolved by late September, early October.
On a motion by White, supported by Jolly, it was-
#256-16 RESOLVED, that having considered an application from
Jean H. Davies, 38851 Minton Avenue, dated June 9, 2016, requesting
permission to close Marie between Knolson Street and Minton Avenue,
on Saturday, August 6, 2016, from 4:00 p.m. to 10:00 p.m. for the purpose
of conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Saturday, August 13, 2016, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
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#257-16 RESOLVED, that having considered an application from
Caren Shatter, 15642 Sussex, dated June 9, 2016, requesting permission
to close Sussex Street, between Fitzgerald and Sherwood, on Saturday,
September 10, 2016, from 12:00 p.m. to 10:00 p.m., for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, September 11, 2016, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#258-16 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated June 4,
2016, which bears the signature of the Director of Finance, the Director of
Inspection and the City Engineer, and is approved for submission by the
Mayor, submitted pursuant to Council Resolution 07-15, the Council does
hereby accept the bid of Integrity Building Group (IBG), 350 Madison, 4T"
Floor, Detroit, MI 48226, in connection with Phase 1 demolition and
relocation of the historic Perrinville Schoolhouse from its existing site at
33344 Ann Arbor Trail in Westland to the Greenmead Historical Village at
37995 Eight Mile Road, for an amount not to exceed $181,000.00, the
same having been in fact the lowest bid received and meets all
specifications; FURTHER, the Council does hereby authorize an
appropriation in the amount of$181,000.00 from the Historic Commission
Trust Fund - Account No. 723-000-976-000 for this purpose; and the
Mayor and City Clerk are hereby authorized to execute a contract,
approved as to form and substance by the Department of Law, for and on
behalf of the City of Livonia with the aforesaid bidder and to do all other
things necessary or incidental to the full performance of this resolution.
#259-16 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated June 4,
2016, which bears the signature of the Director of Finance, the Director of
Inspection and the City Engineer, and is approved for submission by the
Mayor, submitted pursuant to Council Resolutions 07-15 and 238-15, the
Council does hereby approve amending the scope of the work being
performed by J. Michael Kirk of Neumann Smith in connection with
relocation of the historic Perrinville Schoolhouse from its existing site at
33344 Ann Arbor Trail in Westland to the Greenmead Historical Village at
37995 Eight Mile Road, to include Greenmead site preparation and plans
to show utility connections, grades, and final site items for an additional
amount not to exceed $10,000.00; such action being taken without
competitive bidding due to this vendor's unique expertise, pursuant to
Code of Ordinances Section 3.04.140D2a; FURTHER, the Council does
hereby authorize an appropriation in the amount of $10,000.00 from the
Historic Commission Trust Fund - Account No. 723-000-976-000 for this
purpose; and the Mayor and City Clerk are hereby authorized to execute
a contract, approved as to form and substance by the Department of Law,
for and on behalf of the City of Livonia with the aforesaid vendor and to
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Regular Meeting Minutes of July 11, 2016
do all other things necessary or incidental to the full performance of this
resolution.
#260-16 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
June 1, 2016, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept
the bid of Ductz of S.E. Michigan, 36955 Amrhein Rd., Livonia, MI 48150,
for duct cleaning at the Livonia Community Recreation Center, in the total
amount of $27,850.00, the same having been in fact the lowest bid
received and meets all specifications; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $27,850.00
from funds already budgeted in Account No. 208-755-818-020 for this
purpose; and the Mayor and City Clerk are hereby authorized to execute
a contract, approved as to form and substance by the Department of Law,
for and on behalf of the City of Livonia with the aforesaid bidder and to do
all other things necessary or incidental to the full performance of this
resolution.
#261-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 8, 2016, submitted
pursuant to Council Resolution Nos. 163-15 and 283-14, which bears the
signature of the Director of Finance, is approved by the Director of Public
Works and is approved for submission by the Mayor, the Council does
hereby authorize a two-year extension of the contract with Michigan Joint
Sealing, Inc., 28830 West Eight Mile Road, Suite 103, Farmington Hills,
MI 48336, for completing all work required in connection with the 2016
Joint and Crack Sealing Program (Contract 16-D) by extending their
Contract 14-D unit prices for Contract 16-D, for the estimated total cost of
$125,000.00; FURTHER, such action is taken without competitive bidding
for the reasons that a) concrete material prices are rising rapidly and this
bid largely protects the City from such increases; and b) information from
other communities' bidding procedures indicates that these prices are
favorable for the City; and c) Michigan Joint Sealing, Inc. won the City's
competitive bids in 2008, 20097 20107 2014 and 2015, such that there are
ample reasons to waive competitive bidding under Code of Ordinances
Section 3.04.140D2a; FURTHER, the Council does hereby authorize an
expenditure in the amount of $30,000.00 from funds already budgeted in
Account No. 202-463-818-117 (Major Roads) and in the amount of
$95,000.00 from funds already budgeted in Account No. 203-463-818-117
(Local Roads) for this purpose; FURTHER, the foregoing amounts are
based upon the Engineering Division's estimate of units involved, and are
subject to final payments based upon the actual units completed in
accordance with the unit prices accepted in 2016; and the City Engineer
is hereby authorized to approve minor adjustments in the work as it
becomes necessary. (CR 163-15) (CR 283-14)
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A communication from the Planning Commission dated May 19,
2016, re: submitting the 2016-2021 Capital Improvements Program, was
received and placed on file for the information of the Council.
#262-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 26, 2016, approved for
submission by the Mayor, requesting approval of the 2016-2021 Capital
Improvements Program, submitted pursuant to state law, to be used as a
guide for funding priority capital projects, the Council does hereby refer
this item to the Capital Improvement, Natural Resources and Waste
Management Committee for its report and recommendation.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Jolly, White, Bahr, Meakin, Kritzman, Brosnan and McIntyre
NAYS: None
The President declared the resolutions adopted.
Vice President Kritzman, as Chair of the Economic Development, Community
Outreach and Strategic Planning Committee, reported out on the seven agenda
items from the meeting of Wednesday, June 8, 2016.
An outline that was handed out at the Economic Development,
Community Outreach and Strategic Planning Committee meeting of June 8,
2016, re: detailing the CGI Showcase Video Program, was received and placed
on file for the information of the Council.
On a motion by Kritzman, supported by Brosnan, and unanimously
adopted, it was-
#263-16 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated June 8, 2016, submitted
pursuant to Council Resolution No. 97-16, and communications from the
Economic Development Coordinator, dated February 24, 2016 and
February 3, 2016, which bears the signature of the City Attorney and is
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Regular Meeting Minutes of July 11, 2016
approved for submission by the Mayor, regarding a request for
authorization to enter into a three-year agreement with CGI
Communications, Inc., 130 East Main Street, 5t" Floor, Rochester, NY
14604 for the Community Showcase Video Program to produce a series
of topical promotional videos highlighting amenities of Livonia at no cost
to the City, the Council does hereby, for and on behalf of the City of
Livonia, authorize the Mayor and City Clerk to execute an agreement,
approved as to form and substance by the Department of Law, with the
aforesaid company and to do all other things necessary or incidental to
the full performance of this resolution. (CR 97-16)
On a motion by Kritzman, supported by Brosnan, and unanimously
adopted, it was-
#264-16 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated June 8, 2016, submitted
pursuant to Council Resolution No. 35-12, in connection with creating a
"Livonia Tomorrow" area, the Council does hereby refer this item to the
Administration to prepare an RFP outline for discussion and
consideration. (CR 35-12)
On a motion by Kritzman, supported by Brosnan, and unanimously
adopted, it was-
#265-16 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated June 8, 2016, submitted
pursuant to Council Resolution No. 35-12, in connection with creating a
"Livonia Tomorrow" area, the Council does hereby refer this item to the
City Council Committee of the Whole and the Administration to nominate
names of individuals to comprise a stakeholder committee. (CR 35-12)
On a motion by Kritzman, supported by Brosnan, and unanimously
adopted, it was-
#266-16 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated June 8, 2016, submitted
pursuant to Council Resolution No. 217-16, regarding the subject of
enforcing the site plan conditions, the Council does hereby refer this item
to the department of law to explore a fine structure to apply to non-
compliant site plans and properties for report and recommendation.
(CR 217-16)
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Regular Meeting Minutes of July 11, 2016
On a motion by Kritzman, supported by Brosnan, and unanimously
adopted, it was-
#267-16 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated June 8, 2016, submitted
pursuant to Council Resolution No. 217-16, regarding the subject of
enforcing the site plan conditions, the Council does hereby refer this item
to the Administration to request an educational meeting or presentation
by the Inspection Department and Administration regarding compliance,
zoning, and blight. (CR 217-16)
On a motion by Kritzman, supported by Brosnan, and unanimously
adopted, it was-
#268-16 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated June 8, 2016, submitted
pursuant to Council Resolution No. 545-05, regarding a proposed "Vision
Process", the Council does hereby determine to take no further action with
regard to this matter. (CR 545-05)
On a motion by Kritzman, supported by Bahr, and unanimously adopted,
it was-
#269-16 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated June 8, 2016, submitted
pursuant to Council Resolution No. 65-11, regarding the matter of
LivoniaSpirit.org, the Council does hereby determine to take no further
action with regard to this matter. (CR 65-11)
On a motion by Kritzman, supported by Brosnan, and unanimously
adopted, it was-
#270-16 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated June 8, 2016, submitted
pursuant to Council Resolution No. 158-12, in connection with a Plymouth
Road Development Authority (PRDA) Art Show on Plymouth Road, the
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Regular Meeting Minutes of July 11, 2016
Council does hereby determine to take no further action with regard to this
matter. (CR 158-12)
President McIntyre, as Chair of the Committee of the Whole, reported out
on the meeting of Monday, June 13, 2016.
A handout received from CU Solutions at the Committee of the
Whole Meeting of June 13, 2016, re: showing existing signage on the
Seven Mile Crossing building located at 38695 Seven Mile Road, as well
as an alternate proposal of new sign, was received and placed on file for
the information of the Council.
On a motion by Brosnan, supported by Jolly, it was-
#271-16 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 13, 2016,
submitted pursuant to Council Resolution No. 208-16, and further having
considered a communication from the City Planning Commission, dated
April 8, 2016, which transmits its resolution#04-29-2016, adopted on April
5, 2016, with regard to Petition 2016-03-SN-01, submitted by CU
Solutions Group, requesting approval of an additional wall sign for the
four-story office building (Seven Mile Crossing), located on the south side
of Seven Mile Road between Haggerty Road and the 1-275/96
Expressway (38695 Seven Mile Road) in the Northwest 1/4 of Section 7,
the Council does hereby reject the recommendation made by the City
Planning commission and Petition 2016-03-SN-01 is hereby denied for
the following reasons-
1.
easons:1. That the applicant has failed to comply with all the requirements
outlined in Section 18.50G of the Zoning Ordinance;
2. That the applicant has not justified the need for excessive signage
for this location;
3. That approving this signage request would set an undesirable
precedent for the Seven Mile Crossing complex and surrounding
area; and
4. Approving this application would not be aesthetically in the City's
best interest.
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A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jolly, White, Meakin, Brosnan
NAYS: Bahr, Kritzman and McIntyre
The President declared the resolution adopted.
On a motion by Brosnan, supported by White and unanimously adopted,
it was-
#272-16 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 13, 2016,
submitted pursuant to Council Resolution 195-16, regarding the St. Mary
Mercy Hospital Healthy Living Community, the Council does hereby
designate Jim Jolly as the City's delegate to the St. Mary Mercy Hospital
Healthy Living Community and does hereby designate Scott Bahr as the
City's alternate on a continuing basis, or until further order of this Council
by council resolution. (CR 195-16)
Councilmember Brosnan spoke on the benefit of this program to the community.
A handout received from the Livonia Chamber of Commerce at the
Committee of the Whole meeting of June 13, 2016, re: promoting the business
luncheon and panel discussion on "Connecting Cultures to Business" to be held
on Thursday, September 8, 2016 from 11:30 a.m. until 1:30 p.m, was received
and placed on file for the information of the Council.
A handout received at the June 13, 2016 Committee of the Whole Meeting
from the Livonia Economic Development Department, re: the Top 18 Employers
in Livonia, was received and placed on file for the information of the Council.
Councilmember Jolly also commented on the program and indicated their first
meeting will be on July 29, 2016.
Councilmember Bahr stated that he is looking forward to serving as the alternate.
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McIntyre stated there was a walk-in item at the June 13th meeting from a Frank
Kalinsky who spoke about the Regional Transit Authority and provided a handout
of a map to Council.
Brosnan gave first reading to the following Ordinance:
AN ORDINANCE TO AMEND SECTION 050 OF TITLE 13,
CHAPTER 08 (WATER SERVICE RATES AND REVENUES)
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.
Brosnan 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: Jolly, White, Bahr, Meakin, Kritzman, Brosnan and
McIntyre
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
White gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 080 OF TITLE 8,
CHAPTER 40 (NOXIOUS WEEDS AND REFUSE) 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.
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White took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING TITLE 10 (VEHICLES AND
TRAFFIC ) OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Jolly, White, Bahr, Meakin, Kritzman, Brosnan and
McIntyre
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
A report and recommendation from the Parks and Recreation
Commission, dated June 6, 2016, submitted pursuant to Council Resolution
#126-16, re: the property located at 9400 Stonehouse Avenue (Parcel #124-99-
003-000), was received and placed on file for the information of the Council.
President McIntyre read the recommendation into the record from the Parks and
Recreation Commission, resolution #3504-16.
Lori Pardo, Quail Ridge, spoke in favor of the recommendation and
indicated others were present also to voice their support.
On a motion by Brosnan, supported by Meakin, it was:
RESOLVED, that having considered a communication from
the City Planning Commission, dated May 26, 2016, approved for
submission by the Mayor, submitted pursuant to resolution #439-05,
which transmits its resolution 05-42-2016, adopted on May 24, 2016, with
regard to Petition 2016-04-SN-02, submitted by Huron Sign Company, on
behalf of T-Mobile, requesting approval for a replacement wall sign for the
retail unit located within the shopping center on the southeast corner of
Six Mile and Middlebelt Roads (29245 Six Mile Road), in the Northwest
1/4 of Section 13, the Council does hereby reject the recommendation
made by the City Planning Commission and Petition 2016-04-SN-02 is
hereby denied for the following reasons:
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1. That the applicant has failed to comply with all the requirements
outlined in Section 18.50H of the Zoning Ordinance;
2. That the applicant has not justified the need for a larger wall sign for
this location over what is permitted by the sign ordinance;
3. That approving this signage request would set an undesirable
precedent for the retail center and surrounding area; and
4. Approving this application would not be aesthetically in the City's
best interest.
with the following result:
AYES: Meakin, Kritzman and Brosnan
NAYS: Jolly, White, Bahr, and McIntyre
The President declared the resolution failed for lack of support.
Kevin Denha, 40700 Woodward, Bloomfield Hills, one of the owners of
T-Mobile, was present to answer any questions of Council.
On a motion by Bahr, supported by Jolly, it was-
#273-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 26, 2016, approved for
submission by the Mayor, submitted pursuant to resolution #439-05,
which transmits its resolution 05-42-2016, adopted on May 24, 2016, with
regard to Petition 2016-04-SN-02, submitted by Huron Sign Company, on
behalf of T-Mobile, requesting approval for a replacement wall sign for the
retail unit located within the shopping center on the southeast corner of
Six Mile and Middlebelt Roads (29245 Six Mile Road), in the Northwest
1/4 of Section 13, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 2016-04-SN-02 is hereby
approved, subject to the following conditions-
1.
onditions:1. That the Replacement Channel Letter Sign plan depicting an 18
square feet wall sign for T-Mobile as submitted by Huron Sign
Company dated May 19, 2016, 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 excess signage and
any conditions related thereto;
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3. That both signs on the building shall not be illuminated beyond one
(1) hour after this business closes;
4. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building oraround the windows;
and
5. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the sign
permits are applied for.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jolly, White, Bahr, and McIntyre
NAYS: Meakin, Kritzman and Brosnan
The President declared the resolution adopted.
On a motion by White, supported by Brosnan, and unanimously adopted,
it was-
#274-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 26, 2016, approved for
submission by the Mayor, which transmits its resolution 05-43-2016,
adopted on May 24, 2016, with regard to Petition 2016-04-SN-03,
submitted by Huron Sign Company, on behalf of Mid 7 Plaza, requesting
approval for a replacement ground sign for the commercial center located
on the south side of Seven Mile Road between Middlebelt Road and
Melvin Avenue (19043-19045 Middlebelt Road and 29475-29493 Seven
Mile Road) in the Northeast 1/4 of Section 11, the Council does hereby
concur in the recommendation of the Planning Commission and Petition
2016-04-SN-03 is hereby approved, subject to the following conditions-
1.
onditions:1. That the new ground signs shall be installed in accordance with the
New Multi-Tenant Pylon Sign Concept submitted by Huron Sign
Co. dated April 7, 2016;
2. That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excessive sign area,
sign height and deficient setback; and
3. That any additional signage not in compliance with the City's sign
regulations shall come back before the Planning Commission and
City Council for their review and approval.
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Frank Denha, owner of the shopping center, was present to answer any
questions of Council.
A communication from Dominic Soave, Sr., Proprietor, Primo's Pizzeria,
dated June 20, 2016, re: Petition 2015-06-02-08, was received and placed on
file for the information of the Council.
A communication from Dan West, President/CEO, Livonia Chamber of
Commerce, dated June 20, 2016, re: Petition 2015-06-02-08, was received and
placed on file for the information of the Council.
An email communication from Rachel Hurst, Consumers Affairs Manager,
The Kroger Company of Michigan, received July 8, 2016, re: Petition 2015-06-
02-08, was received and placed on file for the information of the Council.
On a motion by Jolly, supported by Brosnan, it was:
RESOLVED, that the matter of Petition 2015-06-02-08 submitted
by the Kroger Company requesting waiver use approval to utilize an SDD
liquor license (sale of packaged spirits over 21% alcohol), be referred to
the Committee of the Whole for their report and recommendation.
Jeff Bloom, attorney for Kroger, spoke on the issue and stated he would be in
favor of referring to the Committee of the Whole rather than a denying resolution.
The following people spoke against approval:
Brian Duggan, 14315 Denne
Samir Shoukri, owner of Showerman's,15333 Merriman Road
Kelly Denha, co-owner of The Wine Palace, 13971 Middlebelt
Mo, owner of The Liquor Vault, 29421 Six Mile Road
Mike Sitkauskas, 20216 Ellen
Jerry Morrone, 29622 Lamar
The following person spoke in favor of tabling the matter:
Steve George, attorney for seller, Livonia Drugs, who expressed his preference
to have the matter sent to the Committee of the Whole, in order for the new
information on the case could be taken into consideration, rather than a denying
resolution.
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Regular Meeting Minutes of July 11, 2016
Councilmember White asked Taormina if he could provide a map listing all of the
SDD licenses in the City.
Taormina stated there should be one in the Council packets but he will make
sure it is updated and current.
Councilmember Meakin indicated that he is of the opinion that this matter has
been heard for over a year and nothing has changed. He stated he believes
Livonia is well served as far as liquor stores. He stated he would like to vote on
the issue tonight.
Vice President Kritzman stated that Kroger had provided information that
revenues from the SDD license could be between $570,000 and $800,000
and would like the matter resolved tonight.
Councilmember Brosnan stated the impact of new data can be outstanding and
when she looked at the numbers contained on the email she had received from
Kroger today, they concerned her and the impact it would make on the small
business owners in Livonia. She then indicated there have been others that have
applied for an SDD license and were denied and felt the unique circumstance did
not exist for her to approve the request. She also indicated that Kroger's email
also contained the many contributions Kroger has made to the community and
Brosnan acknowledged that, but that also Target and Walmart and Costco and
Meijer's and Joe's Produce have also been good community partners and they
were denied. She indicated that she would not be in support of an approval on
the request.
Councilmember Bahr stated he felt Council had been given enough time to
examine the issue and that this has been the most agonizing decision he has
had to make since being on Council. He indicated Livonia is a community that
prides itself on family first and that this approach is instrumental in keeping the
tradition in place. He said the longstanding practices that have been in place
have served Livonia well. He then stated he would like to see the issue resolved
tonight rather than prolong it by referring it to committee.
Taormina addressed the issue of the most recent email made reference to from
Council and wanted Council to know those numbers reflect that the point relative
to sales were for previous year purchases from the State of Michigan and not
actual sales. He then went through the inventory of the six stores in close
proximity and related their purchase numbers from the state.
Bloom stated there was a supplemental email to the one referenced by Council
and that some Council members made a site visit this past week and in that email
it cited numbers from the Grand Blanc Kroger and the Rochester Hills Kroger
and that it was pointed out to him that was not an apples to apples comparison
but rather apples to oranges. He addressed the issue of the liquor being behind
a counter and its effect on sales and cited numbers from surrounding liquor
stores in the community.
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Regular Meeting Minutes of July 11, 2016
President McIntyre passed the gavel to Vice President Kritzman at 8:39 p.m.
She then stated that due to the new data presented on the issue, she would like
to see this matter referred to the Committee of the Whole so they could take into
consideration all of the information available to them before they vote on it. She
feels it is a very complicated issue and that she supports it going to committee.
She stated it has been difficult for her as she is in support of small business in
Livonia and would like to see everything studied more thoroughly in committee
with the new information that was provided.
Councilmember White stated she is struggling with both sides of this issue and
would be willing to look at all information provided by the Petitioner and others
and would not object it going to the Committee of the Whole.
Councilmember Jolly stated his position on the issue and would like to know all
of the information before making a final decision.
Mayor Wright addressed his concerns regarding postponement of this matter and
indicated he would like to see it resolved and not prolonged any further. He also
spoke about big business and how it impacts the small businesses in the
community. He cited the challenges of having more and more competition when
he was in the hardware business.
Kelly Denha spoke on the accuracy of the numbers presented as being too low.
Steve George reiterated to Council that the license at issue is a Livonia license
which the other liquor stores in the community had been in competition with for
thirty years.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jolly, White, and McIntyre
NAYS: Bahr, Meakin, Kritzman and Brosnan
The Vice President declared the resolution failed for lack of support.
President McIntyre resumed the gavel at 8:46 p.m.
On a motion by Meakin, supported by Jolly, it was-
#275-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 6, 2015, approved for
submission by the Mayor, which transmits its resolution #06-34-2015,
adopted on June 30, 2015, with regard to Petition 2015-06-02-08,
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Regular Meeting Minutes of July 11, 2016
submitted by The Kroger Company, requesting waiver use approval to
utilize an SDD liquor license (sale of packaged spirits over 21% alcohol)
in connection with a retail facility located on the south side of Five Mile
Road between Merriman Road and Henry Ruff Road (30935 Five Mile
Road), in the Northwest 1/4 of Section 23, and the Council having
conducted a public hearing with regard to this matter on Wednesday,
August 12, 2015, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2015-06-02-08 is
hereby denied for the following reasons:
1. That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the general waiver use
standards and requirements as set forth in Section 19.06 of the
Zoning Ordinance #543;
2. That this part of the City is currently well served with SDD licensed
establishments selling packaged alcoholic beverages;
3. That there is no demonstrated need in the area for additional sales
of packaged alcoholic beverages such as are permitted by the
utilization of an SDD license;
4. That the proposal is contrary to the goals and objectives of the
Zoning Ordinance which, among other things, are intended to
ensure suitability and appropriateness of uses;
5. That the proposal is in conflict with the spirit and intent of the
Zoning Ordinance to promote and encourage a balanced and
appropriate mix of uses and not to oversaturate an area with
similar uses; and
6. That the City has a consistent past practice of denying similar SDD
petitions from other large retail stores and similar establishments.
Councilmember White stated she is prepared to make a decision tonight and
supports the Planning Commission's decision to deny. She stated Livonia is
well-served with SDD licensed establishments and she doesn't see a
demonstrated need here as the store is successful and busy on its own.
Councilmember Jolly stated that setting precedent is valuable and he felt that
he did his due diligence on the matter and he has not been provided a
compelling reason why Kroger needs the license.
Jeff Bloom, attorney for Kroger, stated the issue is whether the store complies
with the ordinance. He stated there are three requirements under 10.03(g), the
first being that it be located at least 1,000 feet from an existing SDD
establishment; two, that it must be located at least 400 feet distance from a
church or school building; and three, the access to the SDD or SDM licensed
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Regular Meeting Minutes of July 11, 2016
establishment shall be from a public street having a right of way width of at least
120 feet; the total gross receipts derived from the sale of alcoholic beverages if
they do not exceed 35 percent of total gross receipts, they shall display the
alcohol behind the counter or in a locked display case. Simply put, Kroger
complies with the ordinance and that is the law. Also, they are not adding but
transferring a license from a mile down the road. He stated there are only two
current SDD licenses within a mile from the store. Kroger customers expect a
full shopping experience and spoke of the support received. There are no
objections by the Engineering or Inspection Departments or the Chief of Police
to Kroger obtaining this license and Kroger has a perfect record with zero
violations in the 25 years that they have been selling beer and wine. He
indicated Kroger employs 340 people in the community.
Meakin stated that it was time to take the vote and not go into new areas of
discussion.
Steve George, attorney for seller, reiterated his position on behalf of his client
and stated the risk of having big boxes come in and the floodgates opened for
others is not relevant due to the fact that having liquor being a counter is not
consistent with the floor plan of those establishments.
David Yaldo, 7324 Camelot, West Bloomfield, owner of Brass Mug, 19213
Newburgh Road, spoke on the numbers that were reflected as sales from his
store were not accurate as far as percentages of profits were concerned.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jolly, White, Bahr, Meakin, Kritzman and Brosnan
NAYS: McIntyre
The President declared the resolution adopted.
An email communication from Chris Hibner, BD Technologies LLC/Super
Natural Spirits and Brewing LLC dated June 21, 2016, re: delinquent water bill
balance for property located at 36685 Plymouth Road, was received and placed
on file for the information of the Council.
A communication from the Department of Finance dated June 20, 20167
re: a delinquent water bill balance for the property located at 36685 Plymouth
Road, was received and placed on file for the information of the Council.
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Regular Meeting Minutes of July 11, 2016
A communication from Ernie Pacsai, B3 Technologies, LLC to
Rakeshkumar R. Patel, Days Inn/Sunrise Apartments, dated June 7, 2016, re:
Petition 2016-04-02-08, was received and placed on file for the information of the
Council.
A communication entitled Acknowledgment and Agreement to Pay
Outstanding Amounts, dated July 6, 2016, re: Petition 2016-04-02-08, was
received and placed on file for the information of the Council.
On a motion by Brosnan, supported by Meakin, and unanimously adopted,
it was-
#276-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 26, 2016, approved for
submission by the Mayor, which transmits its Resolution #05-40-2016,
adopted on May 24, 2016, with regard to Petition 2016-04-02-08,
submitted by B3 Technologies, L.L.C., to utilize a Micro Brewer License
and a Small Distiller License in connection with a full service restaurant
(Supernatural Spirits & Brewery) located on the south side of Plymouth
Road between Levan and Newburgh Roads (36685 Plymouth Road) in
the Northwest 1/4 of Section 32, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2016-04-02-08 is hereby approved and granted, subject to the following
conditions-
1.
onditions:1. That the site plan marked Sheet No. C1 dated April 28, 2016, as
revised, prepared by Donald E. Duggar is hereby approved and
shall be adhered to;
2. That the maximum customer seating count for the restaurant shall
not exceed a total of 137 seats;
3. That the architectural elevation plan marked Sheet No. A2 dated
April 28, 2016, as revised, prepared by Donald E. Duggar is hereby
approved and shall be adhered to;
4. That no LED lightband or exposed neon shall be permitted on the
site including, but not limited to, the building oraround the windows;
5. 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
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Regular Meeting Minutes of July 11, 2016
6. 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.
On a motion by Brosnan, supported by Bahr, and unanimously adopted, it
was:
#277-16 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 26, 2016, which transmits
its resolution#05-41-2016, adopted on May 24, 2016, with regard to Petition
2016-03-03-01, submitted by Stephen M. Conley, Manager, Grand River
Charter Development, Ltd., dated February 9, 2016, wherein a request is
submitted to determine whether or not to vacate an existing storm water
utility easement located on the south side of Eight Mile Road between
Inkster and Angling Roads (28153 Eight Mile Road) in the Northeast 1/4 of
Section 1, the Council does hereby concur in the recommendation of the
City Planning Commission and does grant and approve the said Petition
2016-03-03-01, and the Department of Law is hereby requested to prepare
the necessary Vacating Ordinance in accordance with this resolution.
Bill Davis, 417 N. Maple, Ann Arbor, was present on behalf of Grand River
Charter Development to answer any questions of Council.
A set of new Exterior Elevation plans, marked Sheet A-2, prepared by
Technical Group, Inc. on June 22, 2016, was received and placed on file for the
information of the Council.
On a motion by White, supported by Brosnan, and unanimously adopted, it
was:
#278-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 8, 2016, which transmits its
resolution #06-48-2016, adopted on June 7, 2016, with regard to Petition
2016-05-08-05, submitted by Technical Group, Inc., on behalf of Burger
King Corporation, in connection with a proposal to remodel the exterior of
the existing restaurant located on the south side of Plymouth Road
between Stark and Wayne Roads (34835 Plymouth Road) in the
Northwest 1/4 of Section 33, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2016-05-08-05
is hereby approved and granted, subject to the following conditions:
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Regular Meeting Minutes of July 11, 2016
1. That the Exterior Elevations plan, marked Sheet A-2, prepared by
Technical Group, Inc., dated June 22, 2016, as revised, is hereby
approved and shall be adhered to;
2. That the primary exterior building materials shall consist of brick,
metal, fiber cement siding, and Nichiha board in lieu of E.I.F.S.;
3. That all rooftop mechanical equipment shall be concealed from
public view on all sides by either the parapet walls or screening that
shall be of a compatible character, material and color to other
exterior materials on the building;
4. That all site landscaping shall be restored in accordance to the
original approved landscape plan prepared by Basney&Smith, Inc.
as received by the Planning Commission on September 12, 19837
with any modifications subject to the approval of the Planning
Director-,
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;
6. That no additional LED Iightband other than what appears on the
approved plan or exposed neon shall be permitted on this site
including, but not limited to, the building or around the windows;
7. That the issues as outlined in the correspondence dated May 16,
2016, from the Livonia Fire and Rescue Division shall be resolved
to the satisfaction of that department;
8. That the gates on the trash enclosure shall be of solid panel steel
construction or durable, long-lasting solid panel fiberglass. The
trash dumpster area shall be maintained at all times, and the
enclosure gates shall be closed at all times except when in use;
9. That the parking spaces shown on the site plan shall be double
striped, including the provision of barrier free parking, and all
regular parking spaces shall be 10' x 20' in size as required;
10. 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
11. 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 the City Council, and
unless a building permit is obtained and construction is
39881
Regular Meeting Minutes of July 11, 2016
commenced, this approval shall be null and void at the expiration
of said period.
John Pastor, of George H. Pastor & Sons, was present to answer any
questions of Council.
A set of new Exterior Elevations plan, marked Sheet A-2, prepared
by Technical Group, Inc. on June 21, 2016, was received and placed on
file for the information of the Council.
On a motion by Meakin, supported by Brosnan, and unanimously adopted,
it was-
#279-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 8, 2016, which transmits its
resolution #06-50-2016, adopted on June 7, 2016, with regard to Petition
2016-05-08-06, submitted by Technical Group, Inc., on behalf of Burger
King Corporation, in connection with a proposal to remodel the exterior of
the existing restaurant located on the south side of Plymouth Road
between Inkster Road and Harrison Road (28203 Plymouth Road) in the
Northeast 1/4 of Section 36, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2016-05-08-06
is hereby approved and granted, subject to the following conditions-
1.
onditions:1. That the Exterior Elevations plan, marked Sheet A-2, prepared by
Technical Group, Inc., dated June 21, 2016, as revised, is hereby
approved and shall be adhered to.
2. That the primary exterior building materials shall consist of brick,
metal, fiber cement siding, and Nichiha board in lieu of E.I.F.S.;
3. That all rooftop mechanical equipment shall be concealed from
public view on all sides by either the parapet walls or screening that
shall be of a compatible character, material and color to other
exterior materials on the building;
4. That all site landscaping shall be restored according to the
landscape plan approved in Council Resolution #76-03, with any
modifications subject to the approval of the Planning Director;
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;
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Regular Meeting Minutes of July 11, 2016
6. That no additional LED lightband other than what appears on the
approved plan or exposed neon shall be permitted on this site
including, but not limited to, the building or around the windows;
7. That the issues as outlined in the correspondence dated May 16,
2016, from the Livonia Fire and Rescue Division shall be resolved
to the satisfaction of that department;
8. That the gates on the trash enclosure shall be of solid panel steel
construction or durable, long-lasting solid panel fiberglass. The
trash dumpster area shall be maintained at all times, and the
enclosure gates shall be closed at all times except when in use;
9. That the parking spaces shown on the site plan shall be double
striped, including the provision of barrier free parking, and all
regular parking spaces shall be 10' x 20' in size as required;
10. 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
11. 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 the City Council, and
unless a building permit is obtained and construction is
commenced, this approval shall be null and void at the expiration
of said period.
On a motion by Meakin, supported by Jolly, and unanimously
adopted, it was-
#280-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 24, 2016, which bears
the signature of the Director of Inspection, and is approved for submission
by the Mayor, regarding a request to waive the City's noise ordinance for
the Michigan Department of Transportation (MDOT) in conjunction with
the resurfacing project for Plymouth Road (Old M-14) from Farmington
road to Inkster Road, to allow the contractor to work during the night time
hours on Monday through Thursday evenings during the paving phase of
the project, which is planned for 2017, the Council does hereby approve
the request of the Michigan Department of Transportation (MDOT) to
waive Section 8.32.070 (Noise Control) of the Livonia Code of
Ordinances, as amended, during the night time hours on Monday through
Thursday evenings during the paving phase of the project, currently
scheduled for 2017.
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Regular Meeting Minutes of July 11, 2016
Brosnan questioned the boundaries of the project.
Zilincik responded that it would run on Plymouth Road from Farmington Road to
Inkster Road.
Adam Penzenstadler, project manager from MDOT, was present to answer
questions of Council.
Brosnan expressed her disappointment with the short term fix.
Nancy Rhatigan, 11446 Loveland, also spoke on the issue.
Kritzman asked Zilincik for confirmation that the waiver would only be during the
paving process of the project.
Zilincik further explained that the project is being done in this way to help expedite
keeping the road open for businesses and residents to get in and out.
Penzenstadler explained the stages of the project to Council.
Brosnan inquired if there were other projects going on in the area during this
time. She then reminded Zilincik of the importance of community updates on the
projects.
On a motion by Meakin, supported by Krtizman, and unanimously
adopted, it was-
#281-16 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 Bahr, supported by White, and unanimously adopted, it
was:
#282-16 RESOLVED, that having considered an application from
Amber Alexander, 18562 Norwich, dated July 5, 2016, requesting
permission to close Norwich between 18512 - 18562, on Saturday, July
30, 2016, from 4:00 p.m. to 10:00 p.m. for the purpose of conducting a
block party, the Council does hereby grant permission as requested, the
action taken herein being made subject to the approval of the Police
Department.
On a motion by Meakin, supported by Kritzman, it was-
#283-16 RESOLVED, that having considered a letter dated July 6,
2016, from Kathy Wasil, wherein it is requested that Council Resolution
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Regular Meeting Minutes of July 11, 2016
248-16 be amended to change the hours in connection with the approval
to waive Section 8.32.070 (Noise Control) of the Livonia Code of
Ordinances, as amended, for the purpose of conducting a graduation luau
party at her home located at 10580 Laurel on Saturday, July 16, 2016 to
3:00 p.m. and ending at 12:00 a.m., the Council does hereby amend and
revise Council Resolution 248-16 so as to read as follows:
RESOLVED, that having considered a letter from Kathy Wasil,
dated May 2, 2016, which requests permission to waive Section
8.32.070 (Noise Control) of the Livonia Code of Ordinances, as
amended, for the purpose of conducting a graduation luau party at
her home located at 10580 Laurel, from 3:00 p.m. to 12:00 a.m. on
Saturday, July 16, 2016, the Council does hereby determine to
waive Section 8.32.070 (Noise Control) of the Livonia Code of
Ordinances between the hours of 3:00 p.m. to 12:00 a.m. on
Saturday, July 16, 2016.
Joseph Olson, 10632 Laurel, spoke against the time change.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jolly, Bahr, Meakin, Kritzman
NAYS: White, Brosnan and McIntyre
On a motion by Meakin, supported by White, and unanimously
adopted, it was-
#284-16 RESOLVED, that having considered a communication
from the Department of Law, dated July 7, 2016, which bears the
signature of the Director of Community Resources and is approved for
submission by the Mayor, requesting to approve a Cable Franchise
Agreement with Comcast to provide a 5% franchise fee, together with
the 1% PEG fee which supports City Channel 8, for a period of ten (10)
years, the Council does hereby authorize the Mayor and City Clerk to
execute the Uniform Video Service Local Franchise Agreement for and
on behalf of the City of Livonia and to do all other things necessary or
incidental to the full performance of this resolution..
There was no Audience Communication at the end of the meeting.
39885
Regular Meeting Minutes of July 11, 2016
On a motion by Jolly, supported by Bahr, and
unanimously adopted, this 1,804th Regular Meeting of the Council of the
City of Livonia was adjourned at 9:42 p.m. on July 11, 2016.
Susan M. Nash
City Clerk