HomeMy WebLinkAboutMINUTES 2018-10-01
REV 10-10-18
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FIFTY-EIGHTH
REGULAR MEETING OF OCTOBER 1, 2018
On October 1, 2018 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by
President Laura Toy at 7:00 p.m. Cathy White led the meeting in the Pledge.
Roll was called with the following result: Cathy White, Kathleen
McIntyre (arrived 7:02 p.m.), Brian Meakin, Jim Jolly, Brandon Kritzman, Scott
Bahr and President Laura Toy. Absent: None.
Elected and appointed officials present: Mark Taormina, Director
of Planning and Economic Development; Todd Zilincik, City Engineer; Paul
Bernier, City Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Judy
Priebe, Director of Legislative Affairs; and Mayor Dennis Wright.
On a motion by White, supported by Jolly, it was:
#348-18 RESOLVED, that the minutes of the 1,857th
Regular Meeting of Council held September 17, 2018 are
approved as presented.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: White, Meakin, Jolly, Kritzman, Bahr and Toy
NAYS: None
The President declared the resolution adopted.
Meakin announced there was on retirement in the month of September, Assistant
City Assessor Dawn Borregard, retired after thirty-two years with the City.
President Toy wished Treasurer Lynda Scheel a belated happy birthday and also
wished Mark Taormina a happy birthday as well as Todd Zilincik.
President Toy stated there is New Data on Items #5a, 5b, 5d, 6a and 8 and that
there will be an X-item at the end of the Regular Agenda.
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Regular Meeting Minutes of October 1, 2018
There was no Audience Communication at the beginning of the meeting.
On a motion by Jolly, supported by Kritzman, it was:
#349-18 RESOLVED, that having considered a communication from
the Mayor, dated September 10, 2018, the Council does hereby approve
of and concur in the appointment of David Bongero, 32643 Sarah Beth
Lane, Livonia, Michigan 48152, to the City Planning Commission to fill the
unexpired term of office of Kevin Priddy, which will expire on June 9, 2019,
provided that Mr. Bongero takes the oath of office as required in Chapter
X, Section 2 of the City Charter, to be administered by the City Clerk.
#350-18 RESOLVED, that having considered a communication
from the City Clerk, dated August 27, 2018, to which is attached an
audit fee proposal from Frank W. Audia, CPA and Marie L. Stiegel,
CPA, Plante & Moran, PLLC, dated August 27, 2018, the Council
does hereby accept the proposal of Plante & Moran, PLLC, 27400
Northwestern Highway, P.O. Box 307, Southfield, Michigan 48037-0307,
for performing the annual independent audit of the accounts of the City
of Livonia for the years ending November 30, 2018 through November
30, 2022, as required by the City Charter and in accordance with the
guidelines set forth in the State Uniform Budgeting and Accounting Act
1968 PA 2 for a base fee not to exceed $75,095.00 for the
first and second years, and an annual base fee increase of 3% or the
percentage allowed for property taxes under Proposal A (whichever
is less) for the next three years; FURTHER, the Council does hereby
approve additional payments to Plante & Moran, PLLC for recurring
audit procedures as mandated by law for GASB 34 and other new and
revised standards in the amount of $15,400.00 for each of the years
2018-2022, to be expended from funds already budgeted in Account
No. 101-232-808-000 (Audit and Accounting Services Expense) for this
purpose; FURTHER, the Council does hereby authorize the said item
without competitive bidding in accordance with Section 3.04.140D2 of
the Livonia Code of Ordinances, as amended, because Plante and
Moran, PLLC, is deemed to be the most qualified professional firm to
provide the service.
#351-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Works and the Director
of Public Works, dated August 22, 2018, which bears the signature of the
Director of Finance and the City Attorney, and is approved for submission
by the Mayor, and to which is attached a proposed Animal Sheltering
Agreement between the City of Livonia and the Michigan Humane
Society, 30300 Telegraph Road, Suite 220, Bingham Farms, Michigan
48025, for the period commencing December 1, 2018 to December 31,
2020, extending all terms and conditions of the current agreement, but
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Regular Meeting Minutes of October 1, 2018
with an increase in the holding fee to $55.00 per animal/per day and
boarding fee increase to $4,581.00 per month, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of Livonia,
to execute the attached agreement; FURTHER, the Council does hereby
authorize the said item without competitive bidding in accordance with
Section 3.04.140D2 of the Livonia Code of Ordinances, as amended.
#352-18 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated September 11, 2018, which
bears the signature of the Director of Finance, is approved as to form by
the City Attorney and is approved for submission by the Mayor, the
Council does hereby accept the quote of MAS Electrical Services, Inc.,
31164 Eight Mile Road, Farmington Hills, MI 48336 for providing all
necessary equipment, labor and materials required in connection with
replacing the Automatic Transfer Switch (ATS) for the Livonia Police
Department’s Backup Generator, for a total amount not to exceed
$87,370.00, the same having been in fact the lowest bid received and
meets all specifications; FURTHER, the Council does hereby authorize an
appropriation and expenditure in an amount not to exceed $87,370.00
from funds already budgeted in Account No. 101-325-976-000 (Capital
Outlay – Building Improvements) for this purpose; and the Mayor and City
Clerk are hereby authorized to execute a contract, subject to approval 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.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: White, McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy
NAYS: None
The President declared the resolutions adopted.
An email communication from Lynda Scheel, City Treasurer, dated
September 25, 2018, re: delinquent property taxes at 27430 Seven Mile Road,
was received and placed on file for the information of the Council. (Petition 2017-
08-02-09)
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Regular Meeting Minutes of October 1, 2018
An email communication received from Aly Bazzi, dated August 17, 2018,
re: signatures submitted for Petition 2017-08-02-09, was received and placed
on file for the information of the Council.
An email communication from Mark Taormina to Ziad Elbaba, dated May
25, 2018, re: proposed gas station – Petition 2017-08-02-09, was received and
place on file for the information of the Council.
President Toy, as Chair of the Committee of the Whole, reported out on the
meeting of Monday, September 10, 2018.
a. Subject of waiver use Petition 2017-08-02-09 submitted by S.Y.B.
Enterprises, Inc., requesting to construct a gas station on the
northwest corners of Seven Mile and Inkster Roads (27430 Seven Mile
Road) in the Southeast ¼ of Section 1. (CR 343-17)
On a motion by Kritzman, supported by Jolly, it was:
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 10,
2018, submitted pursuant to Council Resolution 343-17, and a
communication from the City Planning Commission, dated September 12,
2017, approved for submission by the Mayor, which transmits its
resolution #09-48-2017, adopted on September 5, 2017, with regard to
Petition 2017-08-02-09, submitted by S.Y.B. Enterprises, Inc., in
connection with a proposal to construct a gas station on the northwest
corner of Seven Mile and Inkster Roads (27430 Seven Mile Road) in the
Southeast ¼ of Section 1, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2017-08-02-09 is hereby approved and granted, subject to the following
conditions:
1. That this approval is subject to the petitioner submitting documentation
to the Inspection Department indicating that at least 65% of the
residential neighbors within a 400-foot radius of the subject property
approve of the proposal as required by the Zoning Ordinance, unless
such requirement is waived by a separate resolution in which five
councilmembers concur;
2. That the Site Plan marked Sheet SP-1, dated September 3, 2017, as
revised, prepared by Ziad El-Baba Engineering, is hereby approved
and shall be adhered to;
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Regular Meeting Minutes of October 1, 2018
3. That all on-site parking shall be properly sized and marked, including
any barrier-free space(s) as may be required by the State of Michigan;
4. That this approval is subject to the petitioner being granted a variance
from the Zoning Board of Appeals for deficient parking and any
conditions related thereto;
5. That this approval is subject to the petitioner being granted a variance
from the Zoning Board of Appeals for deficient building setback and
any conditions related thereto;
6. That the petition is subject to City Council waiving the minimum lot size
requirement;
7. For safety purposes, a “No Left Turn” sign shall be installed at both of
the site’s driveways off Seven Mile Road, as recommended in the
Police Department’s correspondence dated August 16, 2017;
8. That the Landscape Plan marked Sheet SP-3, dated September 3,
2017, as revised, prepared by Ziad El-Baba Engineering., is hereby
approved and shall be adhered to;
9. That all disturbed lawn areas, including road right-of-way, shall be
sodded in lieu of hydro-seeding;
10. 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;
11. That the Elevation Plan marked Sheets A-1, dated September 3, 2017,
as revised, prepared by Ziad El-Baba Engineering, is hereby approved
and shall be adhered to;
12. That the three walls of the trash dumpster area shall be constructed out
of the same brick used in the construction of the building or in the event
a poured wall is substituted, the wall’s design, texture and color shall
match that of the building. The enclosure gates shall be of solid panel
steel construction or durable, long-lasting solid panel fiberglass. The
trash dumpster area shall be maintained and when not in use closed
always;
13. 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;
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Regular Meeting Minutes of October 1, 2018
14. That the gas pump island canopy shall not exceed eighteen feet (18’) in
height and its support columns shall be covered with the same brick used
in the construction of the building;
15. That any illumination of the pump island canopy shall be restricted to the
undercarriage, and all light fixtures shall be recessed and made flush with
the established ceiling; provided, however, that this section shall not apply
to those specified signs which are expressly allowed by the district
regulations of the Zoning Ordinance;
16. That all light fixtures shall not exceed eighteen feet (18’) in height and
shall be aimed and shielded to minimize stray light trespassing across
property lines and glaring into adjacent roadway;
17. That the screen wall on the north side of the property be colored the same
as the brick on the building and all other brick used around dumpster and
the columns supporting the canopy;
18. That this site shall meet either the City of Livonia or the Wayne County
Storm Water Management Ordinance, whichever applies, and shall
secure any required permits, including soil erosion and sedimentation
control permits from either Wayne County or the City of Livonia;
19. No outside storage, placement or display of merchandise shall be
permitted at any time on this site; however, the foregoing prohibition shall
not apply to the display, on the pump islands only, of oil based products
as permitted in Section 11.03(a)(12) of the Zoning Ordinance;
20. That free air shall be provided at times the station is open for business.
The free air shall be dispensed at the point of service without having to
enter the station or perform any extra action to obtain the air without
charge;
21. That there shall be no vehicle vacuum equipment or outdoor
placement/storage of propane cylinder storage units on the site;
22. That the sale of ice shall be restricted to the inside of the building;
23. 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;
24. That no part of the pump island canopy fascia, except for signage, shall
be illuminated;
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Regular Meeting Minutes of October 1, 2018
25. That no LED lightband or exposed neon shall be permitted on this site
including, but not limited to, the pump island canopy, building or around
the windows;
26. 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;
27. 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,
28. 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.
Following discussion by Council, a roll call vote was taken on the motion by
Kritzman, supported by Jolly, with the following result:
AYES: White, Jolly, Kritzman
NAYS: McIntyre, Meakin, Bahr and Toy
The President declared the resolution failed for lack of support.
On a motion by Bahr, supported by Meakin, it was:
#353-18 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 10,
2018, submitted pursuant to Council Resolution 343-17, and a
communication from the City Planning Commission, dated September 12,
2017, approved for submission by the Mayor, which transmits its
resolution #09-48-2017, adopted on September 5, 2017, with regard to
Petition 2017-08-02-09, submitted by S.Y.B. Enterprises, Inc., in
connection with a proposal to construct a gas station on the northwest
corner of Seven Mile and Inkster Roads (27430 Seven Mile Road) in the
Southeast ¼ of Section 1, the Council does hereby direct that this item be
postponed to the next regular meeting scheduled for October 15, 2018
when the Petitioner is present.
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Regular Meeting Minutes of October 1, 2018
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: White, Meakin, Jolly, Kritzman, Bahr and Toy
NAYS: McIntyre
The President declared the resolution adopted.
President Toy, as Chair of the Committee of the Whole, reported out on the
meeting of Monday, September 10, 2018.
b . Subject of waiver use Petition 2018-04-02-09 submitted by Allyson
Andrews to operate a child day care center (Andrews Angels
Academy) on the south side of Seven Mile Road between
Purlingbrook and Merriman Roads (30931 Seven Mile Road) in the
Northwest ¼ of Section 11. (CR 275-18)
The pictures of the fence received by the Office of the City Clerk on
September 21, 2018, re: Petition 2018-04-02-09, was received and placed on
file for the information of the Council.
The pictures of the fence received by the Office of the City Clerk on
September 25, 2018, re: Petition 2018-04-02-09, was received and placed on
file for the information of the Council.
On a motion by McIntyre, supported by Kritzman, and unanimously
adopted, it was:
#354-18 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 10,
2018, submitted pursuant to Council Resolution 275-18, and a
communication from the City Planning Commission, dated May 25, 2018,
approved for submission by the Mayor, which transmits its resolution #05-
31-2018, adopted on May 22, 2018, with regard to Petition 2018-04-02-
09, submitted by Allyson Andrews, to operate a child day care center
(Andrews Angels Academy) on the south side of Seven Mile Road
between Purlingbrook and Merriman Roads (30931 Seven Mile Road) in
the Northwest ¼ of Section 11, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
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Regular Meeting Minutes of October 1, 2018
2018-04-02-09 is hereby approved and granted, subject to the following
conditions:
1. That the Site Plan, as received by the Planning Commission
on April 23, 2018, is hereby approved and shall be adhered
to, provided the play area is relocated to the southwest
corner of the property, as generally shown on the aerial
sketch prepared by the City Planning Department date
stamped May 22, 2018;
2. 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;
3. That no LED lightband or exposed neon shall be permitted
on this site including but not limited to the building or around
the windows;
4. That the entire outdoor play area shall be surrounded by a
five-foot (5’) composite or wooden privacy fence;
5. That the hours of operation for this child care facility shall be
limited to 6:00 a.m. to 7:00 p.m.;
6. The tenant(s) of this building shall not engage in any form of
solicitation for business within the public rights-of-way of
Seven Mile Road or Sunset Avenue;
7. That the Petitioner shall enter into a conditional agreement
limiting the waiver to this user only, with the provision to
extend this waiver use approval to a new user only upon
approval of the new user by the City Council;
8. 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
9. 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.
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Regular Meeting Minutes of October 1, 2018
Bahr took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 28 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED
AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING
SECTON 3.___________ THERETO.(Petition 2017-10-01-07)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: White, McIntyre, Jolly, Kritzman, Bahr and Toy
NAYS: Meakin
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
.President Toy, as Chair of the Committee of the Whole, reported out on the
meeting of Wednesday, September 10, 2018.
d. Subject of waiver use Petition 2018-04-02-10 submitted by
Feldman Automotive, Inc. to construct and operate a used auto
dealership with outdoor display of vehicles (Feldman Pre-Owned
Superstore), at 33850 Plymouth Road, located on the north side of
Plymouth Road between Farmington and Stark Roads in the
Southeast ¼ of Section 28. (CR 302-18)
A revised Site Plan, Floor Plan and Section, identified as Sheet A-111,
dated August 22, 2018; revised Site Plan, Exterior Elevations, identified as Sheet
A-211, dated September 5, 2018; and Perspective Views identified as Sheets A-
001, A-002 and A-003, dated August 24, 2018, prepared by Cityscape Architects,
was received and placed on file for the information of the Council.
The signage, wall sign-front lit channel letters, south elevation sheets,
dated September 16, 2018, as revised; and monument sign, double-sided
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Regular Meeting Minutes of October 1, 2018
illuminated sheet, dated June 21, 2018, prepared by Phillips Sign and Lighting,
Inc., was received and placed on file for the information of the Council.
A revised Site Plan identified as Sheet 1, dated September 5, 2018,
prepared by Alpine Engineering, Inc., and revised Sheets L-1 and L-2, dated
September 5, 2018, prepared by Allen Design, was received and placed on file
for the information of the Council.
A revised Site Plan (w/color rendering), identified as Sheet 1, dated
September 26, 2018, prepared by Alpine Engineering, Inc., revised Landscaping
Plan identified as Sheets L-1 and L-2, dated September 26, 2018, prepared by
Allen Design, and revised Perspective Views identified as Sheets A-001, A-002
and A-003, dated September 26, 2018, prepared by Cityscape Architects, Inc.,
was received and placed on file for the information of the Council.
On a motion by Bahr, supported by Kritzman, it was:
#355-18 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 10,
2018, submitted pursuant to Council Resolution 302-18, and a
communication from the City Planning Commission, dated July 2, 2018,
approved for submission by the Mayor, which transmits its resolution #06-
44-2018, adopted on June 26, 2018, with regard to Petition 2018-04-02-
10, submitted by Feldman Automotive, Inc., to construct and operate a
used auto dealership with outdoor display of vehicles (Feldman Pre-
Owned Superstore), at 33850 Plymouth Road, located on the north side
of Plymouth Road between Farmington and Stark Roads in the Southeast
¼ of Section 28, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2018-04-02-10 is
hereby approved and granted, subject to the following conditions:
1. That the Site Plan identified as Sheet 1, dated September 26, 2018,
as revised, prepared by Alpine Engineering, Inc., is hereby
approved and shall be adhered to, except as modified below;
2. That the number of vehicles to be displayed outdoors shall be
limited to a total of 817 vehicles, and that no vehicle for sale shall
be displayed closer than twenty feet (20’) from the front lot line;
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Regular Meeting Minutes of October 1, 2018
3. That except for what may be authorized under the Zoning
Ordinance as part of a temporary sales event, any type of exterior
advertising related to the sale of the vehicles designed to attract
the attention of passing motorists, such as promotional flags or
streamers, shall be prohibited;
4. That the display of any vehicles on car lifts is strictly prohibited;
5. That there shall be no outdoor storage of auto parts, equipment,
scrap material, waste petroleum products, junked, unlicensed or
inoperable vehicles, or other similar items in connection with this
operation;
6. That the Landscape Plan and the Landscape Details identified as
Sheets L-1 and L-2, respectively, both dated September 26, 2018,
as revised, prepared by Allen Design, are hereby approved and
shall be adhered to, except that:
a. The red and sugar maples shall be replaced with one or
more species of large deciduous trees as listed in Table 1 of
Section 18.45 of the Zoning Ordinance;
b. Additional trees shall be provided along the west property
line where the commercial property abuts residential; and
7. That all disturbed lawn areas, including the Plymouth Road right-
of-way, but not including the detention basin below the established
high watermark, shall be sodded in lieu of hydro-seeding;
8. That the New Lot Photometric plan identified as Sheet P-1 dated
April 12, 2018, prepared by KEEN Technical Solutions, LLC, is
hereby approved and shall be adhered to, except that the light
levels for the first row of parking adjacent to Plymouth Road shall
be lowered to be consistent with the light levels for the first row of
parking approved for the Feldman Chevrolet New Car dealership
at 32570 Plymouth Road;
9. That the Floor Plan and Section identified as Sheet A-111, dated
August 22, 2018, as revised, prepared by Cityscape Architects,
Inc., is hereby approved and shall be adhered to;
10. That the Perspective Views identified as Sheets A-001, A-002 and
A-003, dated September 26, 2018, prepared by Cityscape
Architects, Inc., are hereby approved and shall be adhered to;
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Regular Meeting Minutes of October 1, 2018
11. That the revised signage, wall sign-front lit channel letters, south
elevation sheets, dated September 6, 2018, as revised, prepared
by Phillips Sign & Lighting, Inc., are hereby approved and shall be
adhered to;
12. That the monument sign, double sided-illuminated sheets, dated
June 21, 2018, prepared by Phillips Sign & Lighting, Inc., are
hereby approved and shall be adhered to;
13. That the Elevation Plan identified as Sheet A-211, dated
September 5, 2018, as revised, prepared by Cityscape Architects
Inc., is hereby approved and shall be adhered to;
14. 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;
15. That all parking spaces shall be double striped, including the
provision of barrier free parking with proper signage, marking and
configuration, and that all required customer spaces be ten feet
(10’) in width by twenty feet (20’) in length as required;
16. Except that as shown on the approved site plan where a greenbelt
is shown in the northwest corner of the property, a minimum six
foot (6’) high masonry screen wall shall be constructed along the
west property line adjacent to existing residential zoning;
17. That the three walls of the trash dumpster area shall be constructed
out of building materials that shall complement that of the
building. The enclosure gates shall be of solid panel steel
construction or durable, long-lasting solid panel fiberglass. The
trash dumpster area shall be maintained and when not in use
closed at all times;
18. That only conforming signs are approved with this petition;
19. That no LED lightband or exposed neon shall be permitted on the
site including, but not limited to, the building or around the windows;
20. With the exception of an interior intercom/paging system to page
employees, no overhead speakers will be used inside or outside
the building;
21. That no repairs or maintenance work on vehicles shall be
conducted on this site;
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Regular Meeting Minutes of October 1, 2018
22. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time an
occupancy permit is applied for;
23. The regular hours of business for the automotive showroom and
parking use shall be limited to:
9:00 a.m. to 9:00 p.m. Monday
9:00 a.m. to 6:00 p.m. Tuesday
9:00 a.m. to 6:00 p.m. Wednesday
9:00 a.m. to 9:00 p.m. Thursday
9:00 a.m. to 6:00 p.m. Friday
10:00 a.m. to 4:00 p.m. Saturday;
24. 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; and
25. This waiver use shall be limited to this user only, with the provision
to extend this waiver use approval to a new user only upon
approval of the new user by the City Council.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: White, McIntyre, Jolly, Kritzman, Bahr and Toy
NAYS: Meakin
The President declared the resolution adopted.
President Toy, as Chair of the Committee of the Whole, reported out on the
meeting of Wednesday, September 12, 2018.
a. Subject of site plan Petition 2018-06-08-06 submitted by Steve
Anton, to remodel the exterior of the commercial strip center (LA
Plaza), located on the south side of Plymouth Road between Yale
Avenue and Levan Road (36083-36175 Plymouth Road) in the
Northeast ¼ of Section 32. (CR 324-18)
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Regular Meeting Minutes of October 1, 2018
An Elevation Plan identified as Sheet A.1, dated September 24, 2018, as
revised, prepared by Chester Stempien Associates-AIA, was received and
placed on file for the information of the Council.
On a motion by Kritzman, supported by McIntyre, it was:
#356-18 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 12,
2018, submitted pursuant to Council Resolution #324-18, and a
communication from the City Planning Commission, dated July 23, 2018,
which transmits its resolution #07-50-2018, adopted on July 17, 2018, with
regard to Petition 2018-06-08-06, submitted by Steve Anton, to remodel
the exterior of the commercial strip center (LA Plaza), located on the south
side of Plymouth Road between Yale Avenue and Levan Road (36083-
36175 Plymouth Road), in the Northeast ¼ of Section 32, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 2018-06-08-06 is hereby approved and granted, subject to the
following conditions:
1. That the Exterior Elevations Plan identified as Sheet A.1, dated
September 24, 2018, as revised, prepared by Chester Stempien
Associates, is hereby approved and shall be adhered to;
2. That the issues as outlined in the correspondence dated July 11,
2018, from the Director of Inspection, including repairs to the
parking lot and screening the trash receptacle(s) shall be resolved
to the satisfaction and within a time frame agreeable to the
Inspection Department;
3. That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Zoning Board of Appeals;
4. That no LED light band or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows;
5. 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;
6. 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 October 1, 2018
7. 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.
Vincent George, 30625 Birchway Drive, Franklin, principal of Lakepointe CSG,
contractors of record for the project, came to the podium to address questions of
Council concerning the vinyl siding.
Following discussion by Council, a roll call vote was taken on the motion by
Kritzman, supported by McIntyre, with the following result:
AYES: White, McIntyre, Meakin, Jolly, Kritzman, Bahr, and Toy
NAYS: None
The President declared the resolution adopted.
President Toy, as Chair of the Committee of the Whole, reported out on the
meeting of Wednesday, September 12, 2018.
b. Subject of rezoning Petition 2015-06-01-05 submitted by Grenn &
Grenn, P.C., on behalf of C & L Development Corporation, to
rezone the property located on the south side of Seven Mile Road
between Middlebelt Road and Maplewood Avenue (28911 – 29010
Seven Mile Road) (Sunset Office Building), in the Northwest ¼ of
Section 12, from OS (Office Services) to C-1 (Local Business). (CR
291-15)
On a motion by Kritzman, supported by White, and unanimously adopted,
it was:
#357-18 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 12,
2018, submitted pursuant to Council Resolution 291-15, and a
communication from the City Planning Commission, dated July 15, 2015,
which transmits its resolution 07-41-2015, adopted on July 14, 2015, with
regard to Petition 2015-06-01-05, submitted by Grenn & Grenn, P.C., on
behalf of C & L Development Corporation, to rezone the property located
on the south side of Seven Mile Road between Middlebelt Road and
Maplewood Avenue (28911 – 29010 Seven Mile Road) (Sunset Office
Building), in the Northwest 1/4 of Section 12, from OS (Office Services) to
C-1 (Local Business), the Council does hereby determine to take no
further action with regard to this matter.
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Regular Meeting Minutes of October 1, 2018
President Toy, as Chair of the Committee of the Whole, reported out on the
meeting of Wednesday, September 12, 2018.
c. Subject of site plan Petition 2015-03-08-03 submitted by
Design+AE, Inc., in connection with a proposal to construct a new
outdoor dining patio and renovate the exterior of the existing full
service restaurant, BZ’s Twisted American Cuisine (formerly
Kickers All American Grill) located on the south side of Plymouth
Road between Levan Road and Yale Avenue (36071 Plymouth
Road) in the Northeast ¼ of Section 32. (CR 126-15)
On a motion by Meakin, supported by Kritzman, and unanimously
adopted, it was:
#358-18 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 12,
2018, submitted pursuant to Council Resolution 126-15, and a
communication from the City Planning Commission, dated April 7, 2015,
approved for submission by the Mayor, which transmits its resolution #03-
14-2015, adopted on March 31, 2015, with regard to Petition 2015-03-08-
03, submitted by Design+AE, Inc., in connection with a proposal to
construct a new outdoor dining patio and renovate the exterior of the
existing full service restaurant, BZ’s Twisted American Cuisine (formerly
Kickers All American Grill) located on the south side of Plymouth Road
between Levan Road and Yale Avenue (36071 Plymouth Road) in the
Northeast 1/4 of Section 32, the Council does hereby determine to take
no further action with regard to this matter.
Jim Jolly, as Vice-Chair of the Capital Outlay and Infrastructure Committee,
reported out on the meeting of Wednesday, September 12, 2018.
a. Subject of conceptual planning and design of the proposed DPW Water &
Sewer Building for its report and recommendation. (CR 152-15)
This item will remain in committee.
A communication from the Director of Finance, dated September 13,
2018, re: delinquent water bill balance for 9114 Cardwell, was received and
placed on file for the information of the Council.
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Regular Meeting Minutes of October 1, 2018
A Transaction Statement received from the Finance Department, re:
reflecting payment in full of the outstanding water bill balance for 9114 Cardwell,
was received and placed on file for the information of the Council.
On a motion by Meakin, supported by Bahr, and unanimously adopted, it
was:
#359-18 RESOLVED, that having considered a communication from
the City Engineer, dated September 5, 2018, approved for submission by
the Mayor, to which is attached a letter from Adrian Muresan, 9114
Cardwell, Livonia, Michigan 48150, dated August 29, 2018, requesting a
waiver of the sidewalk requirement in front of the newly constructed home
located at 9114 Cardwell, in the S.E. 1/4 of Section 36, 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 relative lack of 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.
On a motion by McIntyre, supported by White, and unanimously adopted,
it was:
#360-18 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.
O n a motion by Jolly, supported by Kritzman, it was:
#361-18 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated September 28, 2018, which
bears the signature of the Director of Finance, and is approved for
submission by the Mayor, regarding the purchase of additional election
equipment to facilitate the processing of absentee ballots for the
upcoming November 6, 2018 General Election and all future elections,
the Council does hereby accept the quote submitted by Dominion Voting
TH
Systems, Inc., 1201 18Street, Suite 210, Denver, CO 80202, for the
purchase of four (4) work stations and software at a cost of $85,200.00,
less existing credit of $25,960.00, for an amount not to exceed
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Regular Meeting Minutes of October 1, 2018
$59,240.00; and four (4) DRG1130 Canon Scanners from Canon
Solutions America, Inc., One Canon Park, Melville, NY 11747, in an
amount not to exceed $20,700.00, for a grand total not to exceed
$79,940.00; FURTHER, the Council does hereby authorize an additional
appropriation in an amount not to exceed $79,940.00 from funds already
budgeted in the Unexpended Fund Balance of Capital Projects Fund
(401) for this purpose; FURTHER, the Council does hereby authorize this
purchase without competitive bidding for the reasons that all such
equipment is required to be harmonious with Wayne County equipment,
so there is no expected advantage from competitive bidding, and such
action is taken in accordance with Section 3.04.140.D.3 of the Livonia
Code of Ordinances, as amended, 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 company and to do all other things necessary
or incidental to the full performance of this resolution.
Susan Nash, City Clerk, presented this item to Council and to answer any
questions of Council.
Following discussion by Council a roll call vote was taken on the motion by Jolly,
supported by Kritzman, with the following result:
AYES: White, McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy
NAYS: None
The President declare the resolution adopted.
Clerk Nash reminded everyone the last day to register to vote in the November
th
6, 2018 General Election is Tuesday, October 9, 2018.
During Audience Communication, Steve Preiss, 16474 Park Street, commented
on City Ordinances regarding fences versus bushes.
Vice President Jolly stated that this is a private matter and there is no action that
the City Council can take to address the issue and offered that perhaps it should
be taken to Small Claims Court.
Kritzman thanked Preiss for bringing the matter to Council’s attention, that there
may be a gap in the ordinance, and it will be looked into.
McIntyre stated that it might be a good idea to look into the matter through
Committee of the Whole.
Meakin suggested before it is sent to Committee of the Whole, that they should
get a report from the Administration on what the actual issue is.
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Regular Meeting Minutes of October 1, 2018
McIntyre withdrew her direction to send it to the Committee of the Whole.
Preiss stated that his intent was to bring this matter to Council’s attention that the
ordinance does not cover bushes on the property line and that both bushes and
fences should have the same regulations.
On a motion by Jolly, supported by Bahr, and unanimously adopted, this
1,858th Regular Meeting of the Council of the City of Livonia was adjourned at
7:55 p.m. on October 1, 2018.
_____________________
Susan M. Nash, City Clerk