HomeMy WebLinkAbout2019-02-25
40849
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SIXTY-SEVENTH
REGULAR MEETING OF FEBRUARY 25, 2019
On February 25, 2019 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. Councilmember Brandon Kritzman led the meeting in the
Pledge.
Roll was called with the following result: Brandon Kritzman, Scott Bahr,
Cathy White, Kathleen McIntyre, Brian Meakin, Jim Jolly 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; Brian Kahn, Director of Emergency
Preparedness; Linda McCann, Director of Community Resources; Doug Moore,
Superintendent of Public Service; and Mayor Dennis Wright.
On a motion by Jolly, supported by White, and unanimously
adopted, it was:
#47-19 RESOLVED, that the minutes of the 1,866th
Regular Meeting of Council held February 11, 2019 are
approved as presented.
Councilmember Bahr presented a commendation to Livonia Youth Symphony
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Orchestra for their 60 Anniversary.
Councilmember McIntyre indicated that many individuals were honored at the
Livonia Chamber of Commerce and Observer Awards Night and shared the list
of honorees.
President Toy stated the Rotary Awards Night was being hosted at the Robert
and Janet Bennett Civic Center Library.
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Regular Meeting Minutes of February 25, 2019
She then stated there is New Data on Items 20, 21 and 23.
Treasurer Lynda Scheel reminded residents that taxes can be paid through
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Thursday, February 28 without interest or penalty.
During Audience Communication Doris Nowicki, 33185 Broadmoor, addressed
Council to express her concerns about the St. Patrick’s Day Event being held at
O’Malley’s Bar and Grill.
On a motion by Jolly, supported by Bahr, it was:
#48-19 RESOLVED, that having considered a communication from
the Office of the Mayor, dated January 30, 2019, concerning the
appointment of James C. McCann to the Board of Ethics, and pursuant to
Section 2.200.070 of the Livonia Code of Ordinances, as amended, the
Council does hereby consent to and confirm the appointment of James C.
McCann, 17329 Ellen, Livonia, Michigan 48152, to the Board of Ethics for
a three-year term, which will expire on March 1, 2022, provided that Mr.
McCann takes the oath of office as required in Chapter X, Section 2 of the
City Charter, to be administered by the City Clerk.
#49-19 RESOLVED, that having considered a communication from
the Mayor, dated January 30, 2019, concerning the reappointment of
Richard W. McDowell to the Board of Ethics, and pursuant to Section
2.200.070 of the Livonia Code of Ordinances, as amended, the Council
does hereby consent to and confirm the reappointment of Richard W.
McDowell, 19538 Norwich, Livonia, MI 48152, to the Board of Ethics for a
three year term commencing March 1, 2019 and expiring March 1, 2022.
#50-19 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated February 4, 2019,
approved for submission by the Mayor, to which is attached
recommended final budget adjustments required for the Fiscal Year 2018
budget, the Council does hereby authorize said budget adjustments and
transfers in the manner and form set forth in the attachment.
#51-19 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 30, 2019, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of fifteen (15) Kenwood P25
two-way radios with extended warranty and charging bases, from
Advanced Wireless Telecom, 49716 Martin Drive, Wixom, MI 48393
(Vendor #28701), at a cost of $1,612.00 each, for a total amount not to
exceed $24,180.00, to replace older radios originally purchased through
a Homeland Security grant which are now beginning to fail, the same to
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Regular Meeting Minutes of February 25, 2019
be expended from funds already budgeted for this purpose in Account No:
401-000-971-000; FURTHER, the Council does hereby determine to
authorize the said purchase without competitive bidding inasmuch as the
same is based upon the low State of Michigan bid price under Contract
No. 071B0200124, and such action is taken in accordance with the
provisions set forth in Section 3.04.140.D.4 of the Livonia Code of
Ordinances, as amended.
#52-19 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
January 21, 2019, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and to which is attached a
report containing an explanation of the 2019-2020 Community
Development Block Grant (CDBG) Program and Budget, the Council does
hereby take this means to indicate its informal approval of the proposed
program and tentative budget and does further authorize the Housing
Commission to conduct a second public hearing on this matter for public
comment and to thereafter prepare a final program and budget for
submission to the City Council.
#53-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 29, 2019, approved
by the Director of Public Works, which bears the signature of the Director
of Finance, and is approved for submission by the Mayor, the Council
does hereby authorize the purchase of one (1) 2019 Ford F-250 Supercab
4x4, in an amount not to exceed $28,197.00, from Signature Ford, 1960
E. Main Street, Owosso, Michigan 48867; and the up-fitting of said vehicle
by Versalift Midwest, 51761 Danview Technology Court, Shelby
Township, Michigan 48315, in an amount not to exceed $15,922.00; for a
total amount not to exceed $44,119.00, as a replacement vehicle to be
utilized by the Engineering Department, the same to be expended from
funds already budgeted for this purpose in Account No: 401-000-985-000
(DPW Capital Outlay Budget); FURTHER, the Council does hereby
determine to authorize the said purchase without competitive bidding
inasmuch as the same is based upon the low State of Michigan bid price
under MI-Deal Contract No. 071B7700180 for the new vehicle purchase;
and through the State of Michigan Procurement Department under
Contract No. 071B2200263 for the up-fitting of said vehicle; and no
advantage to the City would result from competitive bidding, and such
action is taken in accordance with the provisions set forth in Section
3.04.140.D.4 of the Livonia Code of Ordinances, as amended; FURTHER,
the Council does hereby authorize the disposal of the replaced vehicle at
public auction hosted by the Michigan Inter-governmental Trade Network
(MITN) or commercial auction after receipt of the new vehicle.
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Regular Meeting Minutes of February 25, 2019
#54-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 28, 2019, approved
by the Director of Public Works, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, the Council does
hereby agree to extend the Contract 18-C unit prices per agreement with
Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, Michigan
48185 to the 2019 Concrete Road Repair Program (Contract 19-C), with
the exception of revised unit prices for Bid Item Number 1, Mobilization
and Surface Restoration Seeding, the two (2) new line items and the
agreed upon 180 inspector days based on the recommendation of
Anderson, Eckstein and Westrick, Inc. (“AEW”), said amount to be
adjusted based upon the quantities of work actually completed, for the
estimated total cost of $4,300,000.00, based on the bid unit prices from
2018, Contract 18-C; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $4,300,000.00 for the 2019
Concrete Road Repair Program (Contract 19-C) from funds already
budgeted in the following accounts for this purpose:
Account No. 204-463-818-110 (Reconstruction) $3,790,000.00
Account No. 204-463-818-114 (Maintenance) $ 510,000.00
FURTHER, the Council does hereby appropriate and authorize an
expenditure in an amount not to exceed $516,000.00 from the Road,
Sidewalk and Tree Fund, Account No. 204-441-818-102, for Construction
Engineering costs related to the 2019 Concrete Road Repair Program,
such amount to be payable to AEW, 51301 Schoenherr Road, Shelby
Township, Michigan 48315; FURTHER, the Council does hereby
authorize the action herein without competitive bidding in accordance with
Section 3.04.140D3 of the Livonia Code of Ordinances, as amended,
since no advantage to the City would result from additional competitive
bidding, and the City Engineer is hereby authorized to approve minor
adjustments in the work as it becomes necessary but this authorization
does not entitle the City Engineer to authorize any increase in the not to
exceed amount or to contract with other parties; and the Mayor and City
Clerk are hereby authorized for and on behalf of the City of Livonia to
execute a contract extension with the aforesaid company, approved as to
form and substance by the Department of Law, and to do all other things
necessary or incidental to the full performance of this resolution.
#55-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 29, 2019, approved
by the Director of Public Works, which bears the signature of the Director
of Finance, is reviewed as to form by the City Attorney, and approved for
submission by the Mayor, to which is attached a proposed agreement
between the City of Livonia and the Michigan Department of
Transportation (MDOT) for the resurfacing of Ann Arbor Trail from Eckles
Road easterly to Newburgh Road, with 18.15% responsibility of the City
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Regular Meeting Minutes of February 25, 2019
of Livonia estimated to total $176,200.00, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of Livonia,
to execute this agreement in the manner and form herein submitted;
FURTHER, the Council does hereby authorize an expenditure in the
amount of $176,200.00 from funds budgeted in Account No. 202-463-818-
125 (Major Street Fund - City Participation in County and MDOT Projects)
for this purpose, and the City Engineer is hereby authorized to approve
minor adjustments in the work as it becomes necessary but this
authorization does not entitle the City Engineer to authorize any increase
in the not to exceed amount or to contract with other parties.
#56-19 RESOLVED, that having considered a communication from
the City Engineer, dated January 29, 2019, approved by the Director of
Public Works, and approved for submission by the Mayor, to which is
attached a communication from Jason R. Longhurst, P.E., Associate,
Nowak & Fraus Engineers, dated June 4, 2018, wherein a request is
submitted to vacate the storm sewer easement within the Image First
property located at 31500 Pamco Drive, the Council does hereby refer this
item to the City Planning Commission for action and recommendation in
accordance with provisions of law and City Ordinance.
#57-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 30, 2019, approved for
submission by the Mayor, which sets forth its resolution no. 01-13-2019,
adopted on January 29, 2019, with regard to a request from Benedetto
Tiseo, FAIA, NCARB, President, Tiseo Architects, Inc., dated January 7,
2019, for a one-year extension of the approval of Petition 2017-09-02-12,
previously granted in Council Resolution Nos. 413-17 and 414-17,
adopted on December 18, 2017, in connection with a proposal to develop
and operate an outdoor storage yard for recreational equipment on
property located on the east side of Merriman Road between Plymouth
Road and the CSX railroad right-of-way (12350 Merriman Road) in the
Southwest ¼ of Section 26, the Council does hereby concur in the
recommendation of the Planning Commission and does hereby grant the
requested extension for a one-year period, subject to compliance with all
of the conditions set forth in the waiver use approval.
#58-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 30, 2019, approved for
submission by the Mayor, which sets forth its resolution no. 01-14-2019,
adopted on January 29, 2019, with regard to a request from Benedetto
Tiseo, FAIA, NCARB, President, Tiseo Architects, Inc., dated January 7,
2019, for a one-year extension of the approval of Petition 2017-09-02-13,
previously granted in Council Resolution Nos. 415-17 and 416-17,
adopted on December 18, 2017, in connection with a proposal to develop
and operate an outdoor storage yard for special trade contractors on
property located on the east side of Merriman Road between Plymouth
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Regular Meeting Minutes of February 25, 2019
Road and the CSX railroad right-of-way (12350 Merriman Road) in the
Southwest ¼ of Section 26, the Council does hereby concur in the
recommendation of the Planning Commission and does hereby grant the
requested extension for a one-year period, subject to compliance with all
of the conditions set forth in the waiver use approval.
A roll call vote was taken on the foregoing resolutions with the following results:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy
NAYS: None
The President declared the resolutions adopted.
Jolly gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 040 TO TITLE 2,
CHAPTER 60 (HOUSING COMMISSION) 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.
Meakin gave first reading to the following Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS
OF STREET, ALLEY AND PUBLIC GROUND.
(Petition 2018-09-03-01)
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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Regular Meeting Minutes of February 25, 2019
Kritzman gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 4 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE
III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND
CITES AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY
ADDING SECTION 3. _____ THERETO. (Petition 2018-08-01-05)
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.
McIntyre gave first reading to the following Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS
OF STREET, ALLEY AND PUBLIC GROUND.
(Petition 2018-12-03-02)
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.
White gave first reading to the following Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
(Petition 2018-12-03-03)
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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Regular Meeting Minutes of February 25, 2019
Meakin gave first reading to the following Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
(Petition 2018-12-03-04)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting.
Kritzman gave first reading to the following Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
(Petition 2018-12-03-05)
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.
White took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 010 OF TITLE 12,
CHAPTER 16 (PARKS AND PLAYGROUNDS), OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
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Regular Meeting Minutes of February 25, 2019
A communication from the Historic Preservation Commission, dated
February 21, 2019, re: the Orson Everitt House, 39040 W. Seven Mile Road,
was received and placed on file for the information of the Council.
A communication from Stephen R. Estey, Dykema Gossett PLLC, dated
February 20, 2018, to which is attached a Conditional Rezoning Agreement, as
signed by the Developer and Owner of the property, re: Petition 2018-10-01-08,
was received and placed on file for the information of the Council.
A communication from Stephen R. Estey, Dykema Gossett PLLC, dated
February 14, 2019, to which is attached a proposed unsinged copy of a
Conditional Rezoning Agreement, re: Petition 2018-10-01-08, was received and
placed on file for the information of the Council.
Meakin took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP
OF HE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
“THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING
SECTION 3. _____ THERETO. (Petition 2018-10-01-08)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
A communication from the Historic Preservation Commission, dated
February 21, 2019, re: the Orson Everitt House, 39040 W. Seven Mile Road, re:
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Regular Meeting Minutes of February 25, 2019
Petition 2019-01-08-01, was received and placed on file for the information of the
Council.
On a motion by Meakin, supported by Kritzman, it was:
#59-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 30, 2019, which transmits
its resolution #01-12-2019, adopted on January 29, 2019, with regard to
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Petition 2019-01-08-01, submitted by 18 Street Development, L.L.C., to
construct a professional/medical office building located on the north side
of Seven Mile Road (39000 Seven Mile Road) between I-275/96
Expressway and Haggerty Road in the Southwest ¼ of Section 6, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 2019-01-08-01 is hereby approved and granted,
subject to the following conditions:
1. That the Overall Site Plan identified as Sheet No. C2.10 dated
January 11, 2019 prepared by HKS Architects, is hereby approved
and shall be adhered to;
2. That the OPCC Site Plan marked Sheet No. C2.20 dated January
11, 2019 prepared by HKS Architects, is hereby approved and shall
be adhered to;
3. That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for any deficient
parking;
4. That the Landscape Plans marked Sheet No’s. L1.10, L1.20 &
L1.30, all dated January 11, 2019 prepared by HKS Architects, are
hereby approved and shall be adhered to;
5. That all disturbed lawn areas, except for those with steep side
slopes, shall be sodded in lieu of hydro-seeding and properly
irrigated;
6. That pursuant to Section 18.58(c)(2) of Ordinance No. 543, as
amended, within 120 days from the date of approval of the site plan
by City Council, the Petitioner shall submit detailed building
elevation plans for review and approval by both the Planning
Commission and City Council;
7. That all trash containers shall be properly screened from view with
masonry enclosure walls constructed, and the enclosure gates
shall be of solid panel steel construction or durable, long-lasting
solid panel fiberglass;
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Regular Meeting Minutes of February 25, 2019
8. 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 storm water
management permits, wetlands permits and soil erosion and
sedimentation control permits, from Wayne County, the City of
Livonia, and/or the State of Michigan Department of Natural
Resources and Environment (DNRE);
9. That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Planning Commission, City Council and Zoning
Board of Appeals;
10. That all light fixtures shall not exceed twenty feet (20’) in height and
shall be aimed and shielded to minimize stray light trespassing
across property lines and glaring into adjacent roadways;
11. 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
12. Pursuant to Section 19.10 of Ordinance No. 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of one year only from the date of approval by 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.
Following discussion by Council, a roll call vote was taken on the above
resolution by Meakin, supported by Kritzman, with the following result:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy
NAYS: None
The President declared the resolution adopted.
On a motion by Meakin, supported by Jolly, and unanimously adopted, it
was:
#60-19 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated February 4, 2019, which bears the signature of
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Regular Meeting Minutes of February 25, 2019
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the bid of DeMaria Building Company, 45500
Grand River Avenue, Novi, Michigan 48374, to provide construction
management services for the new DPW Administration Offices and Water
& Sewer Building in an amount not to exceed $638,754.00 (fee proposal
of $608,337.00 plus 5% contingency); FURTHER, the Council does
hereby authorize an additional appropriation and expenditure in an
amount not to exceed $638,754.00 (fee proposal of $608,337.00 plus 5%
contingency) from the unexpended fund balance of the Water and Sewer
Fund (592) for this purpose; and the Mayor and City Clerk are hereby
authorized for and on behalf of the City of Livonia to execute a contract
with DeMaria Building Company, approved as to form and substance by
the Department of Law, and to do all things necessary or incidental to the
full performance of this resolution.
A communication from the Director of Emergency Preparedness and
Homeland Security, dated February 14, 2019, re: request for additional data on
purchase of one Federal Signal Emergency Warning Siren, was received and
filed for the information of the Council.
On a motion by Jolly, supported by White, and unanimously adopted, it
was:
#61-19 RESOLVED, that having considered the report and
recommendation of the Director of Emergency Preparedness and
Homeland Security, dated January 16, 2019, 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 and the Chief of Police, and a
supplemental communication from the Director of Emergency
Preparedness and Homeland Security, dated February 14, 2019, the
Council does hereby accept the quote of Westshore Services, 6620 Lake
Michigan DR., P.O. Box 188, Allendale, MI 49401, for the purchase and
installation of one (1) Federal Modulator 8032B Emergency Warning Siren
with Electronic Speaker Capabilities, in an amount not to exceed
$21,400.00 from funds already budgeted in Account No. 101-318-987-000
and $13,600.00 from funds already budgeted in Account No. 261-000-
987-000 for this purpose; FURTHER, the Council does hereby determine
to authorize the said purchase without competitive bidding based on (1)
the Police Department’s association with Westshore Services, the current
system’s vendor; and (2) Westshore Services is the sole source provider
of Federal Signal Emergency Warning Sirens for the State of Michigan,
and no advantage to the City would result from competitive bidding, and
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Regular Meeting Minutes of February 25, 2019
such action is taken in accordance with the provisions set forth in Section
3.04.140.D.3 of the Livonia Code of Ordinances, as amended.
Councilmember Meakin stepped down from the podium to avoid any perceived
conflict of interest at 7:45 p.m.
On a motion by Kritzman, supported by McIntyre, it was:
#62-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 16, 2019, approved for
submission by the Mayor, which transmits its resolution #01-01-2019,
adopted on January 15, 2019, with regard to Petition 2018-12-02-22,
submitted by Maya Enterprises, Inc., to operate a full-service restaurant
(Maya Cocina Mexicana) on property located on the north side of Seven
Mile Road between Mayfield Avenue and Farmington Road (33018 Seven
Mile Road) in the Southwest ¼ of Section 3, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 2018-12-02-22 is hereby approved and granted, subject to
the following conditions:
1. That the maximum number of customer seats shall not exceed a
total of sixty-seven (67) as illustrated on the floor plan drawn by C.
Martone of Martone Design Studio, subject to City Council approval
of a modification of the 30-seat maximum to which restaurants are
limited in C-1 Zoning Districts per Sections 10.03(i) and 2.08 of
Zoning Ordinance No. 543, as amended;
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 the
site including, but not limited to, the building or around the windows;
4. That the plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time of application
for the Certificate of Occupancy; and
5. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of one year only from the date of approval by City Council, and
unless a building permit is obtained, this approval shall be null and
void at the expiration of said period.
A roll call vote was taken on the foregoing resolution with the following
result:
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Regular Meeting Minutes of February 25, 2019
AYES: Kritzman, Bahr, White, McIntyre, Jolly and Toy
NAYS: None
The President declared the resolution adopted.
On a motion by Kritzman, supported by McIntyre, it was:
#63-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 16, 2019, approved for
submission by the Mayor, which transmits its resolution #01-01-2019,
adopted on January 15, 2019, with regard to Petition 2018-12-02-22,
submitted by Maya Enterprises, Inc., to operate a full-service restaurant
(Maya Cocina Mexicana) on property located on the north side of Seven
Mile Road between Mayfield Avenue and Farmington Road (33018 Seven
Mile Road) in the Southwest ¼ of Section 3, the Council does hereby
approve modification of the 30-seat maximum to which restaurants are
limited in C-1 Zoning Districts per Sections 10.03(i) and 2.08 of Zoning
Ordinance No. 543, as amended, in connection with the approval of
waiver use Petition 2018-12-02-22.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kritzman, Bahr, White, McIntyre, Jolly and Toy
NAYS: None
The President declared the resolution adopted.
On a motion by Kritzman, supported by McIntyre, it was:
#64-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 16, 2019, approved for
submission by the Mayor, which transmits its resolution #01-02-2019,
adopted on January 15, 2019, with regard to Petition 2018-12-02-21,
submitted by Maya Enterprises, Inc., to utilize a Class C liquor license
(sale of beer, wine and spirits for consumption on the premises) in
connection with the operation of a full-service restaurant (Maya Cocina
Mexicana) on property located on the north side of Seven Mile Road
between Mayfield Avenue and Farmington Road (33018 Seven Mile
Road) in the Southwest ¼ of Section 3, the Council does hereby concur
in the recommendation made by the City Planning Commission and
Petition 2018-12-02-21 is hereby approved and granted, subject to the
following conditions:
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Regular Meeting Minutes of February 25, 2019
1. That the use of a Class C liquor license at this location is subject to
City Council waiving the 1,000-foot separation requirement from
existing Class C licensed businesses per Sections 10.03(j)(2) and
19.06(1) of Zoning Ordinance No. 543, as amended;
2. That the use of a Class C liquor license at this location is subject to
City Council waiving the 400-foot separation requirement from any
church or school building per Sections 10.03(j)(3) and 19.06(1) of
the City of Livonia Zoning Ordinance No. 543, as amended;
3. That the subject site has the capacity to accommodate the
proposed Class C license;
4. That the proposed use of a Class C license is compatible to and in
harmony with the surrounding uses in the area;
5. 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 permit is obtained, this approval shall be null and void at
the expiration of said period; and
FURTHER, that the petitioner shall enter into a conditional agreement
limiting this waiver use to this user only, with the provision to extend this
waiver use to a new user only upon the approval of the new user by the
City Council.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kritzman, Bahr, White, McIntyre, Jolly and Toy
NAYS: None
The President declared the resolution adopted.
On a motion by Kritzman, supported by McIntyre, it was:
#65-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 16, 2019, which transmits
its resolution 01-02-2019, adopted on January 15, 2019, with regard to
Petition 2018-12-02-21, submitted by Maya Enterprises, Inc., to utilize a
Class C liquor license (sale of beer, wine and spirits for consumption on
the premises) in connection with the operation of a full-service restaurant
(Maya Cocina Mexicana) on property located on the north side of Seven
Mile Road between Mayfield Avenue and Farmington Road (33018 Seven
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Regular Meeting Minutes of February 25, 2019
Mile Road) in the Southwest ¼ of Section 3, which property is zoned C-1,
C-2 and P, the Council does hereby waive the 1,000-foot separation
requirement as set forth in Sections 10.03(j)(2) and 19.06(1) of Zoning
Ordinance 543.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kritzman, Bahr, White, McIntyre, Jolly and Toy
NAYS: None
The President declared the resolution adopted.
On a motion by Kritzman, supported by McIntyre, it was:
#66-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 16, 2019, which transmits
its resolution 01-02-2019, adopted on January 15, 2019, with regard to
Petition 2018-12-02-21, submitted by Maya Enterprises, Inc., to utilize a
Class C liquor license (sale of beer, wine and spirits for consumption on
the premises) in connection with the operation of a full-service restaurant
(Maya Cocina Mexicana) on property located on the north side of Seven
Mile Road between Mayfield Avenue and Farmington Road (33018 Seven
Mile Road) in the Southwest ¼ of Section 3, which property is zoned C-1,
C-2 and P, the Council does hereby waive the 400-foot separation
requirement as set forth in Section 10.03(j)(3) and 19.06(1) of Zoning
Ordinance 543.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kritzman, Bahr, White, McIntyre, Jolly and Toy
NAYS: None
The President declared the resolution adopted.
Attorney Bernier clarified that Council had carried a two/thirds majority for the
prior three resolutions.
Councilmember Meakin returned to the podium at 7:50 p.m.
40865
Regular Meeting Minutes of February 25, 2019
On a motion by Kritzman, supported by Jolly, and unanimously adopted,
it was:
#67-19 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated February 6, 2019,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, submitted pursuant to Council Resolution 11-
19, the Council does hereby accept the offer of Matthew Justus, 11216
Sandalwood Drive, Plymouth, Michigan 48170, to purchase certain
surplus City-owned property located at 28024 Joy Road, further described
as:
Lot 57, Joy Road Cozy Homesites, T.1 S., R. 9 E., Livonia
Township (now City of Livonia) as recorded in Liber 69,
Page 7, Wayne County Records.
Tax ID No. 144-01-0057-000
for a total purchase price of $37,000.00, which sale is conditioned upon
the purchaser providing such title work as may be required for this
transaction, the action herein being taken without public bidding in
accordance with Section 3.05.090(B) of the Livonia Code of Ordinances,
as amended, because for compelling reasons the disposal of the surplus
real property without public bid is in the best interest of the public;
FURTHER, the Council does hereby direct that the net proceeds from the
sale of this property be deposited into Account No. 101-000-680-000; and
the Mayor and City Clerk are hereby requested to execute a quit claim
deed and such other documents as may be necessary or incidental to
fulfill the purpose of this resolution; and the Department of Law is hereby
requested to prepare and place in proper form such legal documents as
may be necessary to consummate this transaction; and the City Clerk is
hereby requested to have said quit claim deed recorded in the Office of
the Register of Deeds and to do all other things necessary or incidental to
fulfill the purpose of this resolution.
There was no Audience Communication at the end of the meeting.
On a motion by Jolly, supported by Kritzman, and unanimously adopted,
this 1,867th Regular Meeting of the Council of the City of Livonia was adjourned
at 7:51 p.m. on February 25, 2019.
_____________________
Susan M. Nash, City Clerk