HomeMy WebLinkAbout2019-03-11
40867
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SIXTY-EIGHTH
REGULAR MEETING OF MARCH 11, 2019
On March 11, 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 Scott Bahr led the meeting in the Pledge with
the assistance of Boy Scout Troop 782.
Roll was called with the following result: Scott Bahr, Cathy White,
Kathleen McIntyre, Brian Meakin, Jim Jolly (arrived 7:44 p.m.), Brandon Kritzman
and President Laura Toy. Absent: None.
Elected and appointed officials present: Mark Taormina, Director of
Planning and Economic Development; Dave Lear, Assistant City Engineer; Paul
Bernier, City Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Judy
Priebe; Director of Legislative Affairs; Curtis Caid, Chief of Police; and Dave
Varga, Director of Administrative Services.
On a motion by Bahr, supported by White, and unanimously
adopted, it was:
#68-19 RESOLVED, that the minutes of the 1,867th
Regular Meeting of Council held February 25, 2019 are
approved as presented.
Newly elected State Representative Laurie Pohutsky introduced herself and
encouraged the citizens to contact her with their concerns or suggestions and
shared her contact information.
Councilmember McIntyre wished Doug Moore, Superintendent of Public Works
a speedy recovery.
Dan West, Chamber of Commerce President, spoke about the Young Inventors
program and each recipient was given a commendation from the
Councilmembers.
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Regular Meeting Minutes of March 11, 2019
Councilmember Meakin announced the retirees for the month of February as
being Gerald Szymanski, DPW Public Service Workers I, with thirty years of
service; John Orzech, Fire Battalion Chief with twenty-eight years of service; and
Michael Kelly, Deputy Fire Chief with twenty-seven years of service and he
wished them well in their retirement.
Police Chief Curtis Caid came to the podium to announce the accreditation given
to the Police Department. He stated Livonia is thus far the largest municipal
police department to receive this accreditation and did it in record time. It
contains a report from the assessors, the on-site evaluation which was very
lengthy, it contains an overview of their performance as a police agency and
comparable to other state standards across the country. The process that takes
upwards of two years was done in less than one year and he credited Lieutenant
Steve Petsch and Detective Cameron Koss for their diligence and their hard
work. He went on to state that every member of the police department and a
representative from the LOSA, the supervisors unit, Sergeant Warra, and the
Livonia Police Officers Association President Scott Morgan. He stated it was an
all hands on deck operation to receive this accreditation and certainly in the
timeframe that they did. He thanked the City Department Heads, Council, the
Mayor, in contributing to this because it was intensive and demanding from all
aspects to receive the recommendation for it and then the presentation that
follows before an accreditation committee who then votes and determines on
whether they award the accreditation and he then announced that vote was
unanimous by the committee. He also acknowledged and thanked others that
participated including the MMRMA, Treasurer Lynda Scheel, Commissioner
Terry Marecki, Chuck Dardas, and State Representative Laurie Pohutsky. He
then introduced the President of the Michigan Association of Chiefs of Police
Dave Malloy, along with the Executive Director Bob Stevenson, and Neil Rosso,
Director of Professional Development with MACP. The certificate was then
awarded to Chief Caid.
President Toy stated there is New Data on Items 11 and 18.
She then announced the following Public Hearing that will take place on Monday,
March 18, 2019 in the Auditorium of City Hall, 33000 Civic Center Drive, at 7:00
p.m. on the following matter:
PETITION 2019-01-01-01 submitted by Schoolcraft College, to rezone
a portion of the property located on the east side of Haggerty Road
between Six Mile and Seven Mile Roads (18600 Haggerty Road) in
the Northwest ¼ of Section 7, from PL (Public Lands) to PO (High
Rise Professional Office – Maximum four (4) Stories).
There was no Audience Communication at the beginning of the meeting.
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Regular Meeting Minutes of March 11, 2019
On a motion by Bahr, supported by Kritzman, it was:
#69-19 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated February 11, 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 ninety
(90) sets of Honeywell Turnout Gear from Douglass Safety Systems, 2655
N. Meridian Road, Sanford, MI 48657, to replace sets of gear that have
surpassed their usable life expectancy, at a cost of $2,013.00 per set, for
a total amount not to exceed $181,170.00; FURTHER, an amount not to
exceed $181,170.00 is hereby authorized to be expended from funds
already budgeted for this purpose in Account No. 101-338-979-000
(Capital Outlay-Fire Equipment); FURTHER, the Council does hereby
determine to authorize the said purchase without additional competitive
bidding for the reasons indicated in the aforementioned report from the
Fire Chief, 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.
#70-19 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated February 12, 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 one (1)
Stallion Air Centaur All-in-One 3-Position Breathing Air
Compressor/Cascade System, from Daco Fire Equipment, 201 Avenue R,
Lubbock, TX 79415 through local dealer partner, R&R Fire Truck Repair,
751 Doheny Drive, Northville, MI 48167, for a total amount not to exceed
$56,037.14, to replace an SCBA (Self-Contained Breathing Apparatus)
Filling Station that is currently 20 years old, has exceeded its life
expectancy, and routinely malfunctions; FURTHER, an amount not to
exceed $56,037.14 is hereby authorized to be expended from funds
already budgeted for this purpose in Account No. 101-338-979-000
(Capital Outlay-Fire Equipment); FURTHER, the Council does hereby
authorize said purchase without competitive bidding inasmuch as the
same is being purchased through the Houston-Galveston Area Council
(HGAC) Cooperative Purchasing Consortium and such action is taken in
accordance with the provisions set forth in Section 3.04.140D.4 of the
Livonia Code of Ordinances, as amended.
#71-19 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated February 1, 2019,
approved for submission by the Mayor, the Council does hereby approve
the annual Memorial Day Ceremony to be held on Saturday, May 25,
2019, 4.; FURTHER, the Council does hereby request that the Wayne
County Department of Public Services allow the City of Livonia to close
Farmington Road north and southbound from Five Mile Road to Roycroft
between the hours of 8:30 a.m. to 10:00 a.m. or until the road is returned
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Regular Meeting Minutes of March 11, 2019
to normal traffic operation; that the City of Livonia will assume liability for
any damage claims which may arise as a result of the road closure, as to
Wayne County only; and that Senior Police Officer Michael Arakelian is
hereby designated and authorized to sign the road closure permit on
behalf of the City of Livonia.
#72-19 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
February 12, 2019, submitted pursuant to Council Resolution 06-19,
adopted on January 16, 2019, 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 Motor City Floors and Coatings, 5496 Cruse
Avenue, Waterford, MI 48327 for performing all work required in
connection with the deck removal relative to the leisure pool renovation at
the Jack E. Kirksey Recreation Center, in an amount not to exceed
$15,000.00, the same having been the lowest bid received which meets
all specifications; FURTHER, the Council does hereby authorize the
expenditure of a sum not to exceed $15,000.00 from funds already
budgeted in Account No. 208-755-971-000 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 things
necessary or incidental to the full performance of this resolution.
#73-19 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
February 12, 2019, submitted pursuant to Council Resolution 06-19,
adopted on January 16, 2019, which bears the signature of the Director of
Finance, and is approved for submission by the Mayor, the Council does
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hereby accept the bid of Aquatic Renovation Systems, 2825 E. 55
Place, Indianapolis, IN 46220 for performing all work required in
connection with the installation of the new Renosys Rec Deck, new deck
drains, pool floor, and new pool gutters relative to the leisure pool
renovation at the Jack E. Kirksey Recreation Center, in an amount not to
exceed $185,940.00, the same, taken in the aggregate, having been the
lowest qualified bid received which meets all specifications; FURTHER,
the Council does hereby authorize the expenditure of a sum not to exceed
$185,940.00 from funds already budgeted in Account No. 208-755-971-
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 things necessary or incidental to the full
performance of this resolution.
#74-19 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
February 12, 2019, submitted pursuant to Council Resolution 06-19,
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Regular Meeting Minutes of March 11, 2019
adopted on January 16, 2019, 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 U+S Companies, 51192 Milano, Macomb, MI
48042 for performing all maintenance work required in connection with the
water slide bolts and paint relative to the leisure pool renovation at the
Jack E. Kirksey Recreation Center, for a total amount not to exceed
$53,000.00, the same having been the lowest bid received which meets
all specifications; FURTHER, the Council does hereby authorize the
expenditure of a sum not to exceed $53,000.00 from funds already
budgeted in Account No. 208-755-971-000 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 things
necessary or incidental to the full performance of this resolution.
#75-19 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
February 12, 2019, submitted pursuant to Council Resolution 06-19,
adopted on January 16, 2019, 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 SCI Floor Covering, Inc., 30610 Ecorse Road,
Romulus, MI 48174, for performing all work required in connection with
replacing the tile baseboard and window sill replacement relative to the
leisure pool renovation at the Jack E. Kirksey Recreation Center, for a
total amount not to exceed $29,079.14, the same having been the only
bid received which meets all specifications; FURTHER, the Council does
hereby authorize the expenditure of a sum not to exceed $29,079.14 from
funds already budgeted in Account No. 208-755-971-000 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 things
necessary or incidental to the full performance of this resolution.
#76-19 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
February 12, 2019, submitted pursuant to Council Resolution 06-19,
adopted on January 16, 2019, 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 O.P. Aquatics, 6424 Westland Way, Lansing, MI
48917, for performing all work required in connection with the water
feature installation and the ADA chair lift installation relative to the leisure
pool renovation at the Jack E. Kirksey Recreation Center, at a total
amount not to exceed $34,780.00, the same having been the only bid
received which meets all specifications; FURTHER, the Council does
hereby authorize the expenditure of a sum not to exceed $27,090.00 from
funds already budgeted in Account No. 208-755-976-000 for the
Waterplay Feature installation and $7,690.00 from funds already
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Regular Meeting Minutes of March 11, 2019
budgeted in Account No. 208-755-987-00 for the ADA Chair Lift
installation; 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 things necessary or incidental to the full performance of this
resolution.
#77-19 RESOLVED, that having considered a communication from
the Director of Public Services, dated February 14, 2019, which bears the
signature of the Director of Finance, and is approved for submission by
the Mayor, to which is attached communications from Bidigare
Contractors, Inc., dated February 6, 2019, and OHM Advisors, dated
February 13, 2019, the Council does hereby approve a contract extension,
at the unit bid prices from the 2017 Footing Drain Disconnection Program
(FDDP), with Bidigare Contractors, Inc., 939 S. Mill Street, Plymouth
Township, Michigan 48170, for completing all work required in connection
with the 2019 Footing Drain Disconnection Program (FDDP), in an amount
not to exceed $591,000.00, based upon the Engineering Department's
estimate of units involved, and subject to a final payment based upon the
actual units completed in accordance with the unit prices accepted herein,
such action being taken without competitive bidding because the work to
be performed is not competitive in nature and Bidigare’s efficiencies
developed while working on this project give it a prohibitive advantage
over any competitor which might emerge, in accordance with Section
3.04.140.D.3 of the Livonia Code of Ordinances, as amended; FURTHER,
the Council does hereby authorize an additional appropriation and
expenditure in an amount not to exceed $591,000.00 from the
Unexpended Fund Balance of the Water and Sewer Fund 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 Bidigare Contractors, Inc. and to do all
things necessary or incidental to the full performance of this resolution.
#78-19 RESOLVED, that having considered a communication from
the Director of Public Services, dated February 14, 2019, which bears the
signature of the Director of Finance, and is approved for submission by
the Mayor, to which is attached communications from Bidigare
Contractors, Inc., dated February 6, 2019, and OHM Advisors, dated
February 13, 2019, to which is attached a proposed contract amendment
to the Engineering contract between the City of Livonia and OHM Advisors
in connection with the 2019 Footing Drain Disconnection Program
(FDDP), the Council does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to execute a contract amendment
between the City of Livonia and OHM Advisors, 34000 Plymouth Road,
Livonia, Michigan 48150, to provide professional engineering services in
connection with the 2019 Footing Drain Disconnection Program (FDDP)
in an amount not to exceed $109,000.00, said amount being based on the
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Regular Meeting Minutes of March 11, 2019
preliminary cost estimates and subject to adjustment based on the actual
bids; FURTHER, the aforesaid proposal is accepted without competitive
bidding through the Qualification Based Selection Process (QBS), and
such action is taken in accordance with Section 3.04.140.D.2.b of the
Livonia Code of Ordinances, as amended; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $109,000.00
from funds budgeted in the Unexpended Fund Balance of the Water and
Sewer Fund for this purpose.
#79-19 RESOLVED, that having considered a communication from
the Director of Public Services, dated February 14, 2019, submitted
pursuant to Council Resolution 90-16, adopted on March 9, 2016, which
bears the signature of the Director of Finance, and is approved for
submission by the Mayor, the Council does hereby authorize a two-year
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contract extension with Etna Supply Company, 529 32 Street, S.E.,
Grand Rapids, Michigan 49548, for supplying the Public Service Division
with water meters and supplies based upon the unit prices set forth in the
attachment therein, for the period April 1, 2019 through March 31, 2021,
at a total cost not to exceed $1,500,000.00 annually; FURTHER, the
Council does hereby authorize such expenditure from funds already
budgeted in Account No.: 592-559-787-040 of the Water and Sewer Fund
for this purpose; FURTHER, the Council does hereby determine to
authorize the purchase of said items without competitive bidding
inasmuch as Etna Supply Company is the sole source provider of Sensus
Meters for the State of Michigan 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.3 of the Livonia Code of
Ordinances, as amended.
#80-19 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated February 8, 2019, 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 D&B Landscaping, Inc., 13222
Merriman Road, Livonia, MI 48150, for completing all work required in
connection with the replacement and installation of a new irrigation system
at designated locations within the Civic Center Complex, for a total
amount not to exceed $116,232.00, the same having been in fact the
lowest qualified bid received and meets all specifications; FURTHER, the
Council does hereby authorize an expenditure in an amount not to exceed
$116,232.00 from funds already budgeted in the 2018-2019 Capital
Outlay Fund (Account No. 401-000-974-000) 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.
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Regular Meeting Minutes of March 11, 2019
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Bahr, White, McIntyre, Meakin, Kritzman and Toy
NAYS: None
The President declared the resolutions adopted.
Councilmember Meakin stepped down from the podium to avoid any perceived
conflict of interest at 7:35 p.m.
A communication from Frank Grisa, O’Malley’s Supper Spirits & Song,
dated March 1, 2019, re: regarding loud music between the hours of 10:00 p.m.
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and 11:00 p.m. on Sunday, March 17, 2019, was received and placed on file for
the information of the Council.
On a motion by Kritzman, supported by McIntyre, it was:
#81-19 RESOLVED, that having considered communications from
Frank Grisa, O’Malley’s Supper Spirits & Song, dated February 1, 2019
and March 1, 2019, which requests permission to waive Section 8.32.070
(Noise Control) of the Livonia Code of Ordinances, as amended, to allow
their St. Patrick’s Day Celebration on Sunday, March 17, 2019, from 7:00
a.m. until midnight, at O’Malley’s Supper Spirits & Song, 15231
Farmington Road, the Council does hereby grant permission as
requested.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: Bahr, White, McIntyre, Kritzman and Toy
NAYS: None
The President declared the resolution adopted.
Councilmember Meakin returned to the podium at 7:37 p.m.
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Regular Meeting Minutes of March 11, 2019
Meakin took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND. (Petition 2016-03-03-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bahr, White, McIntyre, Meakin, Kritzman and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Meakin took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS
OF STREET, ALLEY AND PUBLIC GROUND.
(Petition 2018-12-03-02)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bahr, White, McIntyre, Meakin, Kritzman and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Kritzman took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS
OF STREET, ALLEY AND PUBLIC GROUND.
(Petition 2018-12-03-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
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Regular Meeting Minutes of March 11, 2019
AYES: Bahr, White, McIntyre, Meakin, Kritzman and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
McIntyre took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS
OF STREET, ALLEY AND PUBLIC GROUND.
(Petition 2018-12-03-04)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bahr, White, McIntyre, Meakin, Kritzman and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
White took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS
OF STREET, ALLEY AND PUBLIC GROUND.
(Petition 2018-12-03-05)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bahr, White, McIntyre, Meakin, Kritzman and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Bahr took from the table, for second reading and adoption, the following
Ordinance:
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Regular Meeting Minutes of March 11, 2019
AN ORDINANCE AMENDING SECTION 040 TO TITLE 2,
CHAPTER 60 (HOUSING COMMISSION) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bahr, White, McIntyre, Meakin, Kritzman and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
(Vice President Jolly entered the meeting at 7:44 p.m.)
A communication from BD Architects, Architectural Site Plan, Sheet SK-
08, revised March 7, 2019, re: Petition 2018-12-08-09, was received and placed
on file for the information of the Council.
On a motion by Meakin, supported by Jolly, it was:
RESOLVED, that having considered a communication from the City
Planning Commission, dated January 31, 2019, approved for submission
by the Mayor, and a communication from Mark Alfonsi, Principal-Architect,
ABD Architects, 2601 Wendover Road, Bloomfield Hills, Michigan 48302,
received by the Planning Commission on February 8, 2019, which in
accordance with the provisions of Section 19.08 of Ordinance No. 543, as
amended, the Zoning Ordinance, takes an appeal from a determination
made by the City Planning Commission in its resolution 01-11-2019,
adopted on January 29, 2019, with regard to Petition 2018-12-08-09,
submitted by MIU Holdings, L.L.C., requesting approval to substitute a
greenbelt and plantings in lieu of the required masonry screen wall, as
required in the Commission’s Condition #5, along the north and west sides
of the property, as well as seeking site plan approval, located on the north
side of Five Mile Road between Hubbard and Farmington Roads (33014
Five Mile Road) in the Southwest ¼ of Section 15, and the Council having
conducted a public hearing with regard to this matter on Monday, March 4,
2019, the Council does hereby reject the recommendation of the Planning
Commission regarding condition #5, replacing same with the text set forth
in paragraph 5 below, and Petition 2018-12-08-09 is hereby otherwise
approved and granted, subject to the following revised conditions:
1. That the Site Plan marked Sketch No. 07 dated January 23, 2019
prepared by ABD Architects, is hereby approved and shall be
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adhered to, except that the Landscape Schedule shall be revised
to match the number of plantings shown on the Site Plan;
2. That the vacated portion of Woodring Avenue adjacent to Lot 51 of
Brightmoor Home Acres Subdivision extending north from the north
right-of-way line of Five Mile Road for approximately 105 feet, shall
be improved in accordance with the recommendations of the City
of Livonia Engineering Division;
3. That all parking areas shall be repaired, resealed and restriped to
the satisfaction of the Inspection Department, and all parking
spaces shall be doubled-striped and have a minimum width of ten
(10) feet;
4. That along the west side of the parking lot where the site borders
the residential district, the Petitioner shall construct a minimum five
(5) foot high masonry screen wall, except that a sight-obscuring
fence may be substituted for the masonry wall under one of the
following circumstances: a) approval is granted by the Zoning
Board of Appeals, or b) the abutting property owner agrees in
writing pursuant to Section 18.45(e)(2)(f);
5. That along the north side of the parking lot where the site borders
the residential district, the Petitioner shall provide and maintain a
continuous 10-foot wide landscape evergreen screening;
6. That Sketch No. SK-08 dated January 23, 2019 prepared by ABD
Architects together with the color renderings date-stamped
January 25, 2019, are hereby approved and shall be adhered to;
7. 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;
8. 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 always be maintained and when not in use the gates
shall be kept fully closed;
9. That all light fixtures shall not exceed twenty (20) feet in height and
shall be aimed and shielded to minimize stray light trespassing
across property lines and glaring into adjacent roadways;
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Regular Meeting Minutes of March 11, 2019
10. 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;
11. 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;
12. 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
13. 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.
Joe Thornton, 15342 Woodring, came to the podium to address Council on the
closure of Woodring and provided a document to Council and discussion was
held.
Following discussion by Council, Meakin withdrew his motion, and Jolly withdrew
his support of the motion.
On a motion by White, supported by Jolly, it was:
RESOLVED, that having considered a communication from the
City Planning Commission, dated January 31, 2019, approved for
submission by the Mayor, and a communication from Mark Alfonsi,
Principal-Architect, ABD Architects, 2601 Wendover Road, Bloomfield
Hills, Michigan 48302, received by the Planning Commission on February
8, 2019, which in accordance with the provisions of Section 19.08 of
Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal
from a determination made by the City Planning Commission in its
resolution 01-11-2019, adopted on January 29, 2019, with regard to
Petition 2018-12-08-09, submitted by MIU Holdings, L.L.C., requesting
approval to substitute a greenbelt and plantings in lieu of the required
masonry screen wall, as required in the Commission’s Condition #5, along
the north and west sides of the property, as well as seeking site plan
approval, located on the north side of Five Mile Road between Hubbard
and Farmington Roads (33014 Five Mile Road) in the Southwest ¼ of
Section 15, and the Council having conducted a public hearing with regard
to this matter on Monday, March 4, 2019, the Council does hereby concur
in the recommendation of the City Planning Commission with regard to
Petition 2018-12-08-09, and Petitioner’s appeal of the Commission’s
condition #5, to substitute a greenbelt and plantings in lieu of the required
masonry screen wall is hereby denied for the same reasons as those set
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Regular Meeting Minutes of March 11, 2019
forth in the action taken by the Planning Commission, and the site plan is
approved subject to the following conditions:
1. That the Site Plan marked Sketch No. 07 dated January 23, 2019
prepared by ABD Architects, is hereby approved and shall be
adhered to, except that the Landscape Schedule shall be revised
to match the number of plantings shown on the Site Plan;
2. That the vacated portion of Woodring Avenue adjacent to Lot 51 of
Brightmoor Home Acres Subdivision extending north from the north
right-of-way line of Five Mile Road for approximately 105 feet, shall
be improved in accordance with the recommendations of the City
of Livonia Engineering Division;
3. That all parking areas shall be repaired, resealed and restriped to
the satisfaction of the Inspection Department, and all parking
spaces shall be doubled-striped and have a minimum width of ten
(10) feet;
4. That along the west side of the parking lot where the site borders
the residential district, the Petitioner shall construct a minimum five
(5) foot high masonry screen wall, except that a sight-obscuring
fence may be substituted for the masonry wall under one of the
following circumstances: a) approval is granted by the Zoning
Board of Appeals, or b) the abutting property owner agrees in
writing pursuant to Section 18.45(e)(2)(f);
5. That along the north side of the parking lot where the site borders
the residential district, the Petitioner shall construct a minimum five
(5) foot high masonry screen wall in which case the amount of
landscaping in this area may be reduced subject to the approval of
the Planning Department. A sight-obscuring fence may be
substituted for the masonry wall under one of the following
circumstances: a) approval is granted by the Zoning Board of
Appeals, or b) the abutting property owner agrees in writing
pursuant to Section 18.45(e)(2)(f);
6. That Sketch No. SK-08 dated January 23, 2019 prepared by ABD
Architects together with the color renderings date-stamped
January 25, 2019, are hereby approved and shall be adhered to;
7. 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 March 11, 2019
8. 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 always be maintained and when not in use the gates
shall be kept fully closed;
9. That all light fixtures shall not exceed twenty (20) feet in height and
shall be aimed and shielded to minimize stray light trespassing
across property lines and glaring into adjacent roadways;
10. 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;
11. 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;
12. 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
13. 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.
Brian Lynch, 15341 Woodring, came to the podium to address Council on this
item.
Mark Alfonsi, architect for the project, came to the podium and asked for
clarification on the motion on the floor.
Following discussion by Council, Kritzman offered a Friendly Amendment to the
motion.
Following further discussion by Council, on the original motion by White, with the
Friendly Amendment by Kritzman, and supported by Jolly, it was:
#82-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 31, 2019, approved for
submission by the Mayor, and a communication from Mark Alfonsi,
Principal-Architect, ABD Architects, 2601 Wendover Road, Bloomfield
Hills, Michigan 48302, received by the Planning Commission on February
8, 2019, which in accordance with the provisions of Section 19.08 of
Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal
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Regular Meeting Minutes of March 11, 2019
from a determination made by the City Planning Commission in its
resolution 01-11-2019, adopted on January 29, 2019, with regard to
Petition 2018-12-08-09, submitted by MIU Holdings, L.L.C., requesting
approval to substitute a greenbelt and plantings in lieu of the required
masonry screen wall, as required in the Commission’s Condition #5, along
the north and west sides of the property, as well as seeking site plan
approval, located on the north side of Five Mile Road between Hubbard
and Farmington Roads (33014 Five Mile Road) in the Southwest ¼ of
Section 15, and the Council having conducted a public hearing with regard
to this matter on Monday, March 4, 2019, the Council does hereby concur
in the recommendation of the City Planning Commission with regard to
Petition 2018-12-08-09, and Petitioner’s appeal of the Commission’s
condition #5, to substitute a greenbelt and plantings in lieu of the required
masonry screen wall is hereby denied for the same reasons as those set
forth in the action taken by the Planning Commission, and the site plan is
approved subject to the following conditions:
1. That the Architectural Site Plan marked sheet SK-08 dated March
7, 2019, as revised, prepared by ABD Architects, is hereby
approved and shall be adhered to with the following changes:
a) The new five (5) foot high masonry wall along the north side
of the property shall extend from the northwest corner of the
property east for a distance of approximately 110 feet to the
front line of the garage located at 15341 Woodring;
b) Beginning at a point conterminous with the front line of the
garage located at 15341 Woodring and extending east along
the north property line for a distance of approximately 33
feet to the right-of-way line of Woodring, a greenbelt is
hereby accepted and may be substituted for the required
masonry wall and shall planted in accordance with
Architectural Site Plan marked sheet SK-07 dated February
5, 2019, as revised, prepared by ABD Architects; and
c) The greenbelt shall be irrigated and maintained and any
change of circumstances in the area containing the
greenbelt resulting in a diminution of the greenbelt’s
effectiveness as a protective barrier, the owner of the
property shall be required to submit such changes to the
Planning Commission for their review and approval or
immediately construct the protective wall pursuant to
Section 18.45;
2. That the vacated portion of Woodring Avenue adjacent to Lot 51 of
Brightmoor Home Acres Subdivision extending north from the north
right-of-way line of Five Mile Road for approximately 105 feet, shall
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Regular Meeting Minutes of March 11, 2019
be improved in accordance with the recommendations of the City
of Livonia Engineering Division;
3. That all parking areas shall be repaired, resealed and restriped to
the satisfaction of the Inspection Department, and all parking
spaces shall be doubled-striped and have a minimum width of ten
(10) feet;
4. That the Elevations (South and East) marked sheet A3.1,
Elevations (North and West) marked sheet A3.2, and 3D Views
marked sheet SK-08, all dated February 6, 2019, as revised,
prepared by ABD Architects, together with the color renderings
date-stamped January 25, 2019, are hereby approved and shall be
adhered to;
5. 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;
6. 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 always be maintained and when not in
use the gates shall be kept fully closed;
7. That all light fixtures shall not exceed twenty (20) feet in height and
shall be aimed and shielded to minimize stray light trespassing
across property lines and glaring into adjacent roadways;
8. 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;
9. 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;
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 #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.
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Regular Meeting Minutes of March 11, 2019
On a motion by Bahr, supported by Jolly, and unanimously adopted, it
was:
#83-19 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated February 6, 2019,
which bears the signature of the Director of Finance, and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept various gifts and cash donations in the amount of
$24,700.00 from the sources indicated therein; FURTHER, the Council
does hereby appropriate and credit the amount of $22,700.00 to Account
No. 208-000-690-010 and $2,000.00 to Account No. 208-000-651-717,
representing the total cash donation, for the purposes designated by the
donors.
On a motion by McIntyre, supported by Kritzman, and unanimously
adopted, it was:
#84-19 RESOLVED, that having considered a communication from
the Department of Law, dated February 15, 2019, approved for
submission by the Mayor, transmitting for Council acceptance of a Grant
of Easement executed by Terry Smith, Owner, and Todd Watkins, Owner,
Smith-Watkins Investment, LLC, for a twelve (12) foot wide public utility
easement in connection with the development of a new storm sewer at
the subject location in the Northeast 1/4 of Section 27, more particularly
described as:
New 12’ Wide Public Storm Sewer Easement
A twelve (12’) wide easement for storm sewer being part of the Northeast
¼ of Section 27, Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, the centerline of which is more particularly described
as follows:
Commencing at the East ¼ corner of said Section 27; thence along N
00°02’20” W, 1153.23 feet along the East line of said Section 27 and the
centerline of Merriman Road (120 feet wide); thence N 89°09’50” W, 60.01
feet a point of the westerly right-of-way line of said Merriman Road (120
feet wide); thence N 89°09’50” W, 321.53 feet to the Point of Beginning,
thence N 00°37’08” E, 6.00 feet; thence N 89°09’50” W, 211.52 feet;
thence N 00°03’21” W, 143.99 feet to a point on the Existing Livonia Drain
#19 Easement as recorded in Liber 17619, Page 76, Wayne County
Records, said point also being the Point of Ending.
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Regular Meeting Minutes of March 11, 2019
The Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested
to have the same 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.
During Audience Communication Mrs. Schmidt, Ambassador to the American
Senior Gazette Magazine, spoke about all of the services available for senior
citizens.
There was no Audience Communication at the end of the meeting.
On a motion by McIntyre, supported by Bahr, and unanimously adopted,
this 1,868th Regular Meeting of the Council of the City of Livonia was adjourned
at 8:13 p.m. on March 11, 2019.
_____________________
Susan M. Nash, City Clerk