HomeMy WebLinkAboutCOUNCIL MINUTES 2014-05-0739021
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FIFTY-SECOND
REGULAR MEETING OF MAY 7, 2014
On May 7, 2014, the above meeting was held at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and was called to order by the President of the Council
at 7:00 p.m. Councilmember Scheel led the meeting with an invocation.
Roll was called with the following result: Lynda Scheel, Susan Nash,
Brandon Kritzman, John Pastor, Brian Meakin, Laura Toy, and Maureen Miller Brosnan.
Absent: None.
Elected and appointed officials present: Mark Taormina, City Planner;
Todd Zilincik, City Engineer; Judy Priebe, Technical Specialist; Terry Marecki, City
Clerk; Don Knapp, City Attorney; and Mayor Jack Kirksey.
was:
On a motion by Toy, seconded by Meakin, and unanimously adopted, it
#123-14 RESOLVED, that the Minutes of the 1,751 st Regular Meeting
of the Council held April 21, 2014, are hereby approved as submitted.
Pastor announced that he is asking the Council to rescind their vote on
Council Resolution #119-14 regarding the denial of an SDD liquor license at the CVS
Pharmacy in the Four Oaks Shopping Center (8811 Newburgh Road). He explained that
because CVS was in compliance and the license they were requesting to approve was
a transfer within the City and not a new license, he would be voting to approve their
request.
On a motion by Pastor, seconded by Scheel, it was:
#124-14 RESOLVED, that the Council does hereby rescind approval
of Council Resolution #119-14, adopted by the Council at its Regular
meeting held April 21, 2014, for the denial of waiver Petition 2014-01-02-
02, submitted by Woodward Detroit CVS, L.L.C., requesting waiver use
approval to utilize an SDD liquor license (sale of packaged spirits over
21% alcohol) in connection with the CVS Pharmacy in the Four Oaks
Shopping Center, on property located on the northwest corner of
Newburgh Road and Joy Road (8811 Newburgh Road), in the Northeast
1/4 of Section 32, which property is zoned C-1.
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A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Scheel, Nash, Kritzman, Pastor, and Toy
NAYS: Meakin and Brosnan
The President declared the resolution adopted.
On a motion by Pastor, seconded by Toy, it was:
#125-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 5, 2014, which transmits its
resolution 03-08-2014, adopted on March 4, 2014, with regard to Petition
2014-01-02-02, submitted by Woodward Detroit CVS, L.L.C., requesting
waiver use approval to utilize an SDD liquor license (sale of packaged
spirits over 21 % alcohol) in connection with the CVS Pharmacy in the Four
Oaks Shopping Center, on property located on the northwest corner of
Newburgh Road and Joy Road (8811 Newburgh Road), in the Northeast
1/4 of Section 32, which property is zoned C-1, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 2014-01-02-02 is hereby approved and granted, subject to
the following conditions:
1. That the proposed use of an SDD liquor license at this location
complies with all of the special and general waiver use standards
and requirements as set forth in Sections 10.03 and 19.06 of the
Zoning Ordinance #543;
2. That the subject site has the capacity to accommodate the
proposed SDD liquor license;
3. That the proposed SDD liquor license is compatible to and in
harmony with the surrounding uses in the area;
4. That all alcoholic liquor other than beer and wine be displayed
behind a counter or in a locked display case with no direct public
access for a qualified employee at least eighteen (18) years of age
to distribute to the customer; and
5. That the granting of this petition will not increase the number of
SDD liquor licenses in the City of Livonia.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Scheel, Nash, Pastor, and Toy
NAYS: Kritzman, Meakin and Brosnan
The President declared the resolution adopted.
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Toy introduced a former colleague of hers and Councilmember Pastors in
Lansing, Mickey Mortimer. Mickey was a State Representative who served the State of
Michigan for years. He has recently moved to Livonia.
Toy presented a Catalpa tree seedling to Mayor Kirksey. The seedling is
from a larger tree that is on the Capitol lawn in Lansing. She explained that the Catalpa
tree has played a part in the history of the State of Michigan because of its many uses
as a wood product and the ability to thrive in adverse weather conditions.
Meakin announced that he attended the Tree Committees Arbor Day at
Buchanan School. It was a cold day for the students, teachers and others present, but
they planted several trees and it was a great event.
President Brosnan thanked the AM Rotary Club for presenting her with a
commemorative soccer ball. This was a part of a project they are promoting, "A 4 -Way
Test of What We Think, Say or Do." This is a great program for the schools with the
intention of educating students on how to treat others in all situations. The AM Rotary
Club is in their 25th year.
President Brosnan announced there would be a Public Hearing held on
Wednesday, May 14, 2014, at 7:30 p.m. in the Second Floor Council Chambers of City
Hall, 33000 Civic Center Drive, Livonia, Michigan.
Lynn A. Gandhi, Honigman, Miller, Schwartz, and Cohn L.L.P. on behalf of
Leapers, Inc., is requesting approval to amend Industrial Facilities
Exemption Certificate #2011-388 for new machinery and equipment and
improving the building at their facility located at 32500 Capital, Livonia, MI
48150 due to the final costs of the project exceeding the initial application
costs beyond the 10% statutory allowance. (Industrial Development
Overlay District #110) (CR 172-10 and CR 280-11)
President Brosnan announced that new data would be received and filed
on agenda items 13, 14, and 15.
During Audience Communication, Joe Gilligan, 34761 Navin Avenue,
announced the opening of a new restaurant some time in mid to late May 2014. The
Tahini Mediterranean Bakery & Grill is located near the Schoolcraft College Campus,
(17278 Haggerty Road). Joe is a graduate of the Culinary Arts program at Schoolcraft
College and will be the head pastry chef at the new restaurant. He encouraged
everyone to come in and try the Mediterranean baked goods and sweets.
At the direction of the Chair, Agenda Items #6 and #7 were removed from
the Consent Portion of the Agenda and would be addressed during the Regular portion
of the Agenda.
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A communication from the Department of Finance, dated April 4, 2014, re:
forwarding various financial statements of the City of Livonia for the month ending
December 31, 2013, was received and placed on file for the information of the Council.
A communication from the Department of Finance, dated April 17, 2014,
re: forwarding various financial statements of the City of Livonia for the month ending
January 31, 2014, was received and placed on file for the information of the Council.
A communication from the Department of Law, dated April 9, 2014, re:
Holeton v City of Livonia, et al., Wayne County Circuit Court Case No 14 -000104 -CZ,
was received and placed on file for the information of the Council.
On a motion by Pastor seconded by Kritzman it was:
#126-14 RESOLVED, that having considered a request from Barbara
Vicars, dated April 11, 2014, which requests permission to waive Section
8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended,
to a allow a band to play music from 3:00 p.m. to 11:00 p.m. ..at 16335
Westbrook Street, in connection with a graduation party scheduled for
Saturday, June 21, 2014, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Saturday, June 28, 2014, in the event of inclement weather.
#127-14 RESOLVED, that having considered a letter from Enrico E.
Soave, Kucyk Soave & Fernandes, PLLC, dated April 8, 2014, requesting
a waiver of the sidewalk requirement in front of 19060 Mayfield, and
having further considered the report and recommendation of the City
Engineer, dated April 10, 2014, approved for submission by the Mayor, 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 the lack of any other public
sidewalks existing within the neighboring area; FURTHER, the Council
does hereby reserve the right to require sidewalks at this location in the
event that additional sidewalks are installed in this area at some future
date.
#128-14 RESOLVED, that having considered a communication from
the Mayor, dated April 9, 2014, wherein he has requested approval of the
appointment of Jeremy Curtis, to the Livonia Plymouth Road
Development Authority as a Resident Member at Large, for a four-year
term expiring May 16, 2018, pursuant to Section 3.16.060 of the Livonia
Code of Ordinances, as amended, and Act No. 197 of the Public Acts of
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Regular Meeting Minutes of May 7, 2014
Michigan of 1975, as amended, the council does hereby confirm and
approve such appointment provided that Mr. Curtis takes the Oath of
Office as required in Section 2, Chapter X of the City Charter, to be
administered by the Office of the City Clerk.
A communication from the Plymouth Road Development Authority
(PRDA), dated April 9, 2014, re: submitting the Plymouth Road Development Authority
(PRDA) 2013 Annual Report, was received and placed on file for the information of the
Council.
#129-14 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated April 10, 2014, 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
Gorno Ford, 22025 Allen Road, Trenton, Michigan 48138, for supplying
the Inspection Department with five (5) 2014 Ford Escape SUV's for the
total price of $115,945.00 ($23,189.00 each), less trade-in of five (5) 2008
ford escapes in the amount of $33,500.00, for a total net cost of
$82,445.00; FURTHER, the Council does hereby authorize an expenditure
in an amount not to exceed $82,445.00 from funds budgeted in Account
No. 401-000-985-000 (Capital Projects Fund) for this purpose; FURTHER,
the Council does hereby authorize a budget adjustment transferring
$2,445.00 from Account No. 101-371-702-000 to Account No. 401-000-
985-000; FURTHER, the Council does hereby authorize said purchase
without competitive bidding inasmuch as the same is based upon the low
State of Michigan bid price (under Contract Agreement No.
071131300009), in accordance with the provisions set forth in Section
3.04.140D4 of the Livonia Code of Ordinances, as amended.
#130-14 RESOLVED, that whereas, under the provisions of Title I of
the Housing and Community Development Act of 1974, as amended, the
Secretary of Housing and Urban Development is authorized to make
grants to units of local government to help finance community
development programs; and
WHEREAS, the primary objective of such Act is the development of
viable urban communities by providing decent housing and suitable living
environment and expanding economic opportunities, principally for
persons of low and moderate income; and
WHEREAS, to obtain its Fiscal Year 2014-2015 entitlement funds
under the Community Development Block Grant Program as authorized by
the Housing Community Development Act of 1974, the City of Livonia
must submit a Statement of Community Development Objectives and
Projected Use of Funds, satisfactory assurances that the Program will be
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Regular Meeting Minutes of May 7, 2014
conducted and administered in accordance with appropriate federal and
state laws and Department of Housing and Urban Development
regulations; and satisfactory assurances that, prior to submission of its
Final Statement of Community Development Objectives and Projected
Use of Funds, it has (A) provided citizens with adequate information
concerning the amount of funds available for proposed community
development and housing activities; the range of activities that may be
undertaken, the estimated amount of those funds proposed to be used for
activities that will benefit low and moderate income persons, and other
important program requirements; (B) held a public hearing to obtain the
views of citizens on community development and housing needs; and (C)
provided citizens an adequate opportunity to examine the content of and
to submit comments on the proposed Statement of Community
Development Objectives and Projected Use of Funds.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia,
Michigan, that the Final Statement of Community Development Objectives
and Projected Use of Funds for the Fiscal Year 2014-2015 Community
Development Block Grant Program is hereby approved and shall be
submitted to the Department of Housing and Urban Development.
FURTHER, the Director of Housing, Mayor, and City Clerk shall have the
authority to execute the sub -recipient contracts.
#131-14 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated April
10, 2014, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and to which is attached proposed
Hold Harmless Contracts between the City of Livonia and Mr. John V.
Farrar, ED.D. LPC; Hegira Programs Inc.; St. John Health
System/Eastwood Clinics; Fair Housing Center of Metropolitan Detroit;
First Step; and Wayne Metropolitan Community Action Agency for the
period July 1, 2014 through June 30, 2015, in connection with the CDBG-
funded victim assistance, fair housing initiative and mental health
counseling programs, the Council does hereby authorize the Mayor, City
Clerk and Housing Director, for and on behalf of the City of Livonia, to
execute hold harmless contracts that are acceptable to the law
department as to form and content, as well as, to do all other things
necessary or incidental to the full performance of this resolution.
#132-14 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated April 10, 2014, 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 Comsource Inc., 2130
Austin Drive, Rochester Hills, Michigan 48309, for supplying the Fire
Department with integrated Setcomm headsets/intercom systems for all
department apparatus for the total purchase price of $35,482.50;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $35,482.50 from funds budgeted in Account No.
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401-000-971-000 (Capital Outlay Minor) for this purpose; FURTHER, the
Council does hereby authorize said purchase without competitive bidding
inasmuch as the same is based upon the low State of Michigan bid price
(under Contract Agreement No. 07182200101), in accordance with the
provisions set forth in Section 3.04.140D4 of the Livonia Code of
Ordinances, as amended.
#133-14 RESOLVED, that having considered a communication from
the Fire Chief, dated April 10, 2014, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby approve the emergency replacement of structural
firefighting protective clothing (SFPC) that was contaminated in the
January 10, 2014 commercial structure fire at 13040 Merriman Road from
Douglass Safety Systems LLC, 2655 N. M-30, Suite #6, Sanford, Michigan
48657; FURTHER, the Council does hereby authorize payment in an
amount not to exceed $31,785.76 from funds available in Account No.
101-338-768-000 (Uniform/PPE) for this purpose; FURTHER, the Council
does hereby determine to authorize said purchase without new
competitive bidding inasmuch as the same are based upon the previously
approved competitively bid City contract with an approved bidder.
#134-14 RESOLVED, that having considered a communication from
the Fire Chief, dated April 10, 2014, 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, serving as fiduciary
for the equipment purchases on behalf of the Western Wayne County
Hazardous Materials Response Team and Urban Search & Rescue
(USAR) team, authorize the purchase of response equipment to be
utilized for special operations incidents involving building collapse and
hazardous materials releases, including WMD's, from Safeware, part of
US Communities, 3200 Hubbard Road, Landover, Maryland 20785 in the
amount of $137,796.00; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $137,796.00 from funds available
in Account No. 222-630-965-101 for this purpose, the costs to be covered
entirely by a Department of Homeland Security's (DHS) Urban Area
Strategic Initiative (UASI) grant; FURTHER, the Council does hereby
authorize said purchase without competitive bidding inasmuch as the
same is based upon the US Communities Contract pricing (under Contract
No. 4400001839), in accordance with the provisions set forth in Section
3.04.140D4 of the Livonia Code of Ordinances, as amended.
#135-14 RESOLVED, that having considered a communication from
the Department of Law, dated March 31, 2014, which bears the signature
of the Director of Finance and is approved for submission by the Mayor, to
which is attached a Proposed License Agreement between the City of
Livonia and 123.Net, Inc., a Michigan corporation, for a period of five (5)
years, with the option of five (5) additional and separate, successive five
(5) year renewal periods, for use of a portion of the communications tower
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located at the police station at the annual rent of $6,000.00 (which amount
shall be increased by 15% every five (5) years), plus
communications/internet service to City facilities described in said lease to
be provided to the City, the Council does hereby (a) approve the proposed
license agreement and (b) authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute the attached agreement in the
manner and form herein submitted, as well as to do all 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: Scheel, Nash, Kritzman, Pastor, Toy, and Brosnan
NAYS: Meakin
The President declared the resolutions adopted.
Stacy Dogonski, 11181 Haller Street, President of the Clements Circle
Civic Association, addressed the Council. She wanted to take this opportunity to thank
Wayne County Commissioner Diane Webb and Livonia Parks & Recreation
Superintendent, Lyle Trudell for their help in securing the funds for the Clements Circle
Pool project. The bottom of the pool is very rough and a new liner is needed. She also
expressed her gratitude to the Council for approving this resolution and making it
possible for the work to go forward.
was:
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
#136-14 RESOLVED, that having considered a communication
from the Superintendent of Parks and Recreation, dated April 4, 2014,
which bears the signature of the City Attorney and the Director of
Finance and is approved for submission by the Mayor, to which is
attached an Intergovernmental Agreement between the County of
Wayne and the City of Livonia for the installation of a heavy duty vinyl
liner for Clements Circle Pool utilizing grant funds of $13,109.00, the
Council does hereby approve the proposed Intergovernmental
Agreement between the county of Wayne and the City of Livonia; and
the Mayor and City Clerk are hereby authorized, for and on behalf of
the City of Livonia, to execute the Intergovernmental Agreement in the
manner and form herein submitted; FURTHER, the Council does
hereby, for and on behalf of the City of Livonia, accept the Wayne
County Parks Millage-funded grant in the amount of $13,109.00 to be
used for the installation of a heavy duty vinyl liner for Clements Circle
Pool.
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Alan Helmcamp, 37488 N. Laurel Park, Senior Assistant to Wayne County Executive
and Tim McGillivary, 20051 Stamford, Director of Homeland Security and Emergency
Management, from the cabinet of Wayne County Executive Robert Ficano addressed
the Council. They wanted to share with the citizens of Livonia and the Council the
opportunity to see County funds coming back to the local community as a product of
shared collaboration between Wayne County and the City of Livonia. This is their
hometown. Bob Ficano has been a life-long resident and Alan Helmcamp a 50 year
resident. Both are graduates of Stevenson High School, Class of 1970. He especially
thanked Wayne County Commissioner Laura Cox for her help in securing these funds.
Mr. Helmcamp pointed out that this shared collaboration started six years ago with
Fernon Feenstra and Laura Cox receiving $150,000 for Veterans Memorial Park. Since
then approximately $600,000.00 has come to the City including $267,000.00 for Nehasil
Park. He credited the great leadership of Mayor Jack Kirksey and the hard work of
retired Chief Stevenson and Councilmember Brandon Kritzman in attaining the
necessary funds for Nehasil Park.
Toy reminded everyone that then State Representative John Pastor worked hard to
obtain State funds for the Veterans Memorial and she thanked him for that.
Pastor thanked her and hoped that going forward more County money would be
available for upcoming projects.
Kritzman, as the Council representative for the Nehasil Park Committee, announced
that the Park has been expanded to include the Department of Public Works. In times of
an emergency they are often called upon to augment the Police and Fire Departments.
Four people have been lost from the Department of Public Works and they will be
recognized. He thanked everyone for their support of Nehasil Park, including those who
purchased bricks and sent in checks.
was:
On a motion by Toy, seconded by Kritzman, and unanimously adopted, it
#137-14 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated April 10, 2014, which
bears the signature of the City Attorney and the Director of Finance and is
approved for submission by the Mayor, to which is attached an
Intergovernmental Agreement between the County of Wayne and the City
of Livonia for improvements to Larry Nehasil Park, the Council does
hereby approve the proposed Intergovernmental Agreement between the
county of Wayne and the City of Livonia; and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia, to execute the
Intergovernmental Agreement in the manner and form herein submitted;
FURTHER, the Council does hereby, for and on behalf of the City of
Livonia, accept the Wayne County Parks Millage-funded grant in the
amount of $140,000.00 to be used to increase the practical use and
handicapped accessibility of the park; FURTHER, contributions collected
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for the park's redevelopment will provide up -front funding, with any
balance required being advanced from Account No. 208-756-974-000
(Community Recreation Fund) for this purpose, which funds will be
reimbursed by the County of Wayne through grant funds once expended
by the City.
A communication from the Timothy J. Zawodny, Project Architect, dated
April 17, 2014, was received and placed on file for the information of the Council.
(Petition 2013-09-08-08)
Mark Taormina, City Planner, gave a re -cap of Petition 2013-09-08-08, regarding
changes to the renovation plans for Philmar Plaza. This item last appeared before
Council in 2013 and they have now come back with the changes requested by Council
to their original plans.
Timothy Zawodny, DeMattia Associates, Inc., 46321 Five Mile, Plymouth, Michigan
48170, addressed the Council. He explained that due to expected costs, the
landscaping would be completed in three (3) phases. He answered questions from the
Council concerning landscaping deadlines and dumpster location. He explained the new
building materials that would be used.
Following a discussion by the Council concerning dumpster location and enclosures,
changes were made to the original resolution.
On a motion by Toy, seconded by Scheel, it was:
#138-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 7, 2013, which transmits its
resolution 10-60-2013, adopted on October 1, 2013, with regard to Petition
2013-09-08-08, submitted by DeMattia Associates, Inc. requesting site
plan approval to remodel the exterior of the commercial center (Philmar
Plaza) located on the south side of Eight Mile Road between Farmington
Road and Gill Road (33467 and 33501 Eight Mile Road) in the Northeast
1/4 of Section 4, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2013-09-08-08 is
hereby approved and granted, subject to the following conditions:
1. That the Site Plan marked Sheet AS101 dated April 14, 2014, as
revised, prepared by DeMattia Associates, is hereby approved and
shall be adhered to;
2. That the Elevation Plans marked A101, A102, A103 & A104 all
dated April 14, 2014, as revised, prepared by DeMattia Associates,
are hereby approved and shall be adhered to;
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3. That the Landscape Plan marked Sheet L-1 dated April 14, 2014,
prepared by Allen Design, is hereby approved and shall be adhered
to, provided that Phase 1, Phase 2 and Phase 3 improvements
shall be completed in accordance with the Plan no later than
November 2015.
4. 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;
5. That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Zoning Board of Appeals;
6. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows;
7. 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;
8. That prior to issuance of a building permit from the Inspection
Department, the Petitioner shall submit a landscape improvement
plan acceptable to the Planning Department that provides a
detailed schedule for the replacement of any plant material that is
determined to be dead, dying, missing, or in need of replacement
due to its age and condition;
9. That any split -face masonry used on the base of the columns shall
consist of a four (4") inch high "Roman" style brick module, shall
incorporate two separate colors integrally blended in the same mold
to provide a mottled, rustic appearance, and shall include an
integrally colored mortar to match the units so that the overall
assembly appears more monolithic;
10. That the waste containers shown at the rear of Building #1 shall be
enclosed with an obscuring fence of a size and design approved by
the Planning and Inspection Departments; and
11. Pursuant to Section 18.58(c)(1) 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 resolutions with the following result:
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AYES: Scheel, Nash, Kritzman, Pastor, Toy, Meakin and Brosnan
NAYS: None
The President declared the resolution adopted.
A communication from Susan M. Campian, Facilitator, Right -of -Way,
Western Wayne Center, DTE Energy, dated April 29, 2014, was received and placed on
file for the information of the Council. (Petition 2014-02-03-01)
On a motion by Meakin, seconded by Scheel, it was:
#139-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 8, 2014, which transmits its
resolution 04-81-2014, adopted on April 1, 2014, with regard to Petition
2014-02-03-01, submitted by Clarenceville School District, to determine
whether or not to vacate a portion of the existing Beatrice Avenue right-of-
way located on approximately 250 feet south of Norfolk Avenue, adjacent
to property owned by Clarenceville Schools including Lots 16 and 17 in
the Elmwood Farms Subdivision (20221 and 20210 Beatrice Avenue) in
the Northeast 1/4 of Section 2, the Council does hereby concur in the
recommendation of the City Planning Commission and does grant and
approve the said Petition 2014-02-03-01, and the Department of Law is
hereby requested to prepare the necessary vacating ordinance in
accordance with this resolution.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Scheel, Nash, Kritzman, Pastor, Toy, Meakin and Brosnan
NAYS: None
The President declared the resolution adopted.
A communication from the Department of Law, dated April 21, 2014, was
received and placed on file for the information of the Council. (Petition 2014-03-08-03)
A communication from Derek McLean, received April 17, 2014, was
received and placed on file for the information of the Council. (Petition 2014-03-08-03)
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A communication from Robert Austin, dated April 6, 2014, was received
and placed on file for the information of the Council. (Petition 2014-03-08-03)
A communication from Michael Horton, dated April 21, 2014, was received
and placed on file for the information of the Council. (Petition 2014-03-08-03)
A communication from Scott Maxwell, General Manager, McLaren
Performance Technologies, Inc., received April 17, 2014, was received and placed on
file for the information of the Council. (Petition 2014-03-08-03)
A communication in the form of a formal protest signed by various
interested parties, received April 17, 2014, was received and placed on file for the
information of the Council. (Petition 2014-03-08-03)
A communication from Folkers Subdivision Community Action Group,
received April 21, 2014, was received and placed on file for the information of the
Council. (Petition 2014-03-08-03)
A Landscape Plan marked L1, as revised, submitted by NF Engineers,
dated April 11, 2014, was received and placed on file for the information of the Council.
(Petition 2014-03-08-03)
A Site Plan marked SP1, as revised, submitted by Tacoma Engineers,
dated April 17, 2014, was received and placed on file for the information of the Council.
(Petition 2014-03-08-03)
Two (2) renderings, submitted by Tacoma Engineers, received April 17,
2014, were received and placed on file for the information of the Council. (Petition
2014-03-08-03)
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A Site Plan marked SP1, as revised, submitted by Tacoma Engineers,
dated May 2, 2014, was received and placed on file for the information of the Council.
(Petition 2014-03-08-03)
A Top Deck Parking Structure Design Plan, submitted by Tacoma
Engineers, dated May 2, 2014, was received and placed on file for the information of the
Council. (Petition 2014-03-08-03)
Five (5) renderings, submitted by Tacoma Engineers, received May 2,
2014, were received and placed on file for the information of the Council. (Petition
2014-03-08-03)
On a motion by Pastor, seconded by Meakin, the following resolution with
amendments was offered, it was:
RESOLVED, that having considered a communication from the City
Planning Commission, dated April 4, 2014, which transmits its resolution
04-19-20 adopted on April 1, 2014 with regard to Petition 2014-03-08-03
submitted by McLaren Performance Technologies/Linamar, requesting
site plan approval, and a communication from Scott Maxwell, General
Manager, McLaren Performance Technologies, Inc., dated April 17, 2014,
offering a Statement of Amended Voluntary Conditions (the "Statement of
Amended Voluntary Conditions") to replace the Statement of Voluntary
Conditions approved by City Council on April 28, 2010, in connection with
a proposal to construct a three-story office -research and manufacturing
facility and erect a parking structure on properties located on the south
side of Eight Mile Road between Merriman Road and Hubbard Road
(32233 and 32367 Eight Mile Road) in the Northeast 1/4 of Section 3,
pursuant to the provisions set forth in Section 18.58 of Ordinance No. 543,
as amended, the Council does hereby concur in the recommendation
made by the Planning Commission and Petition 2014-03-08-03 and the
statement of amended voluntary conditions are hereby approved and
granted, subject to the following conditions:
1. That the Site Plan, Drawing #SP1 dated May 2, 2014, as revised,
prepared by Tacoma Engineers, and attached as Exhibit A to the
Statement of Amended Voluntary Conditions, is hereby approved
and shall be adhered to;
2. Council does hereby refer the question of rezoning the properties at
20446 Hubbard and 20421 Parker, both owned by the Petitioner,
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Regular Meeting Minutes of May 7, 2014
from R-3, One Family Residential to P, Parking, to the Planning
Commission to hold a public hearing and thereafter submit a report
and recommendation.
3. The Petitioner shall have the option of lowering the height of the
Proposed Parking Structure by one (1) level in exchange for
surface parking on 20446 Hubbard and/or 20421 Parker, subject to
the City rezoning both parcels to P, Parking;
4. That the Exterior Building Elevation Plan marked Drawing #A4
dated March 7, 2014, as revised, prepared by Newton Group, is
hereby approved and shall be adhered to;
5. That the Parking Garage Elevations, Floor Plans, Building Section,
and Lighting Plan, marked Sheets 001, 003 and 004, dated April
28, 2014 and April 23, 2014, as revised, prepared by Newton
Parking Structures, LTD and The Talbot Corporation, are hereby
approved and shall be adhered to;
6. Any proposed modifications to the Parking Structure that have the
effect of enhancing the architectural appearance of the structure
and shielding the cars and headlights, shall be allowed;
7. That the Landscape Plan marked Sheet No. L1 dated May 2, 2014,
as revised, prepared by Nowak & Fraus Engineers, is hereby
approved and shall be adhered to;
8. Any changes to the Landscape Plan needed to provide adequate
storm water control, or to provide additional screening and buffering
between the development and the adjacent residential properties,
such as increasing the height of the berm, adding vegetation, or
field -adjusting the location of the planted trees, shall be allowed;
9. For safety purposes, a "No Left Turn" sign shall be installed near
the site's driveway off Hubbard Road prohibiting trucks and
vehicles from turning south into the neighboring residential areas;
10. That the lights on the top deck of the parking structure shall not
exceed a total height of twelve (12') feet, and all ground -mounted
light fixtures shall not exceed a total height of twenty (20) feet;
11. That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess building
height and encroachment into the side setback along Hubbard
Road, subject to any conditions related thereto;
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Regular Meeting Minutes of May 7, 2014
12. For added privacy to the residents on Hubbard, the Petitioner shall
incorporate into the design and construction of the elevated
walkway located between the parking structure and Building #1 a
means of blocking or obscuring the visibility of persons using the
walkway;
13. 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;
14. That all requirements of the Statement of Amended Voluntary
Conditions be adhered to; and,
15. Pursuant to Section 18.58(c)(1) of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
which is the shorter of (a) ONE YEAR from the date of approval by
City Council or (b) the deadlines set forth in the Statement of
Amended Voluntary Conditions, and unless a building permit is
obtained and all such deadlines set forth in the Statement of
Amended Voluntary Conditions are met, this approval shall be null
and void at the expiration of said period.
Scott Maxwell, General Manager, McLaren Engines, 32233 W. Eight Mile Road,
Livonia, Michigan 48152, addressed the Council and explained changes to the
landscaping, parking lot structure and how they have addressed questions and issues
that were brought up at the Council Study Meeting of April 21, 2014.
Toy remarked that she had requested a Zoning Map of the area. Mark Taormina
provided one for the Council. She is concerned with the businesses on Eight Mile
encroaching into the residential area. She does not want to set a precedent with this
property.
George Ostrowski, Landscape Designer, Nowak & Fraus Engineers, 46777 Woodward
Avenue, Pontiac, Michigan explained some of the plant materials and the sizes that
would be used.
Mike Horton, 20414 Hubbard, spoke for several of the neighborhood residents. He
presented slides referring to 2010 when the original rezoning was requested by
McLaren. He stated that at that time the neighbors protested the rezoning but an
agreement was made with McLaren in good faith and they withdrew their formal protest.
The agreement included a retention pond, a berm and landscaping. He said the
landscaping was never completed by McLaren. By withdrawing their formal protest they
have given up the right to protest the new version of the rezoning. They are asking the
Council members to speak for them. He is concerned about reduced property values for
the neighborhood.
The following residents spoke in opposition to the amendments to the petition requested
by McLaren: Nabil Nouman, 20341 Parker; Derek McLean, 20404 Hubbard; Brian
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Regular Meeting Minutes of May 7, 2014
Mato, 19569 Hardy; Steve Hatchigian, 20420 Parker; Robert Austin, 20306 Hubbard;
Ralph Martin, 20366 Hubbard; and James Brossard, 20391 Parker.
Mike Gilles, Tacoma Engineers, 176 Speedvale Avenue W., Guelph, Ontario, Canada
answered questions about the building.
Pastor explained that he had met with neighbors over the preceding week and worked
with them to come up with a compromise that would address the issue of having a
three -floor parking structure in a residential neighborhood. By rezoning two properties
owned by McLaren that are currently zoned residential to parking, the third floor could
be eliminated. Additional use of landscaping as a screen is also recommended.
Meakin, Nash, Scheel, Toy and Kritzman discussed various aspects of the proposed
resolution, the changes that McLaren made to the current plan and their concerns about
the impact to the neighborhood.
President Brosnan passed the gavel to Vice President Meakin at 9:01 p.m.
Brosnan expressed her concerns with passing the motion made by Councilmember
Pastor this evening. She stated that she had read the minutes from the Council
meetings that were held in 2010 regarding this issue. She believes that promises were
made at that time to the residents of the surrounding neighborhood and they
compromised in good faith with McLaren for an outcome that pleased both parties. She
would like to see that happen again and believes that the discussion should continue,
with the City acting as a facilitator between McLaren and their neighbors. Referring this
item to a Council committee would also give everyone concerned a chance to have a
closer look at the changes that were suggested by Councilmember Pastor.
Following discussion by the Council, on a motion by Brosnan, seconded
by Nash, a motion was made to substitute the following resolution in lieu of the
foregoing:
RESOLVED, that having considered a communication from
the City Planning Commission, dated April 4, 2014, which transmits its
resolution 04-19-20 adopted on April 1, 2014 with regard to Petition 2014-
03-08-03 submitted by McLaren Performance Technologies/Linamar,
requesting site plan approval, and a communication from Scott Maxwell,
General Manager, McLaren Performance Technologies, Inc., dated April
17, 2014, offering a Statement of Amended Voluntary Conditions (the
"Statement of Amended Voluntary Conditions") to replace the Statement
of Voluntary Conditions approved by City Council on April 28, 2010, in
connection with a proposal to construct a three-story office -research and
manufacturing facility and erect a parking structure on properties located
on the south side of Eight Mile Road between Merriman Road and
Hubbard Road (32233 and 32367 Eight Mile Road) in the Northeast 1/4 of
Section 3, pursuant to the provisions set forth in Section 18.58 of
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Regular Meeting Minutes of May 7, 2014
Ordinance No. 543, as amended, the Council does hereby refer this
matter to a Council committee for its report and recommendation.
A roll call vote was then taken on the foregoing motion to substitute with the following
result:
AYES: Nash, Kritzman, and Brosnan
NAYS: Scheel, Pastor, Toy, and Meakin
Vice President Meakin declared the motion failed for lack of support.
On a motion by Pastor, seconded by Meakin, the following resolution with
amendments was offered, it was:
#140-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 4, 2014, which transmits its
resolution 04-19-20 adopted on April 1, 2014 with regard to Petition 2014-
03-08-03 submitted by McLaren Performance Technologies/Linamar,
requesting site plan approval, and a communication from Scott Maxwell,
General Manager, McLaren Performance Technologies, Inc., dated April
17, 2014, offering a Statement of Amended Voluntary Conditions (the
"Statement of Amended Voluntary Conditions") to replace the Statement
of Voluntary Conditions approved by City Council on April 28, 2010, in
connection with a proposal to construct a three-story office -research and
manufacturing facility and erect a parking structure on properties located
on the south side of Eight Mile Road between Merriman Road and
Hubbard Road (32233 and 32367 Eight Mile Road) in the Northeast 1/4 of
Section 3, pursuant to the provisions set forth in Section 18.58 of
Ordinance No. 543, as amended, the Council does hereby concur in the
recommendation made by the Planning Commission and Petition 2014-
03-08-03 and the statement of amended voluntary conditions are hereby
approved and granted, subject to the following conditions:
1. That the Site Plan, Drawing #SP1 dated May 2, 2014, as revised,
prepared by Tacoma Engineers, and attached as Exhibit A to the
Statement of Amended Voluntary Conditions, is hereby approved
and shall be adhered to;
2. Council does hereby refer the question of rezoning the properties at
20446 Hubbard and 20421 Parker, both owned by the Petitioner,
from R-3, One Family Residential to P, Parking, to the Planning
Commission to hold a public hearing and thereafter submit a report
and recommendation.
39039
Regular Meeting Minutes of May 7, 2014
3. The Petitioner shall have the option of lowering the height of the
Proposed Parking Structure by one (1) level in exchange for
surface parking on 20446 Hubbard and/or 20421 Parker, subject to
the City rezoning both parcels to P, Parking;
4. That the Exterior Building Elevation Plan marked Drawing #A4
dated March 7, 2014, as revised, prepared by Newton Group, is
hereby approved and shall be adhered to;
5. That the Parking Garage Elevations, Floor Plans, Building Section,
and Lighting Plan, marked Sheets 001, 003 and 004, dated April
28, 2014 and April 23, 2014, as revised, prepared by Newton
Parking Structures, LTD and The Talbot Corporation, are hereby
approved and shall be adhered to;
6. Any proposed modifications to the Parking Structure that have the
effect of enhancing the architectural appearance of the structure
and shielding the cars and headlights, shall be allowed;
7. That the Landscape Plan marked Sheet No. L1 dated May 2, 2014,
as revised, prepared by Nowak & Fraus Engineers, is hereby
approved and shall be adhered to;
8. Any changes to the Landscape Plan needed to provide adequate
storm water control, or to provide additional screening and buffering
between the development and the adjacent residential properties,
such as increasing the height of the berm, adding vegetation, or
field -adjusting the location of the planted trees, shall be allowed;
9. For safety purposes, a "No Left Turn" sign shall be installed near
the site's driveway off Hubbard Road prohibiting trucks and
vehicles from turning south into the neighboring residential areas;
10. That the lights on the top deck of the parking structure shall not
exceed a total height of twelve (12') feet, and all ground -mounted
light fixtures shall not exceed a total height of twenty (20') feet;
11. That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess building
height and encroachment into the side setback along Hubbard
Road, subject to any conditions related thereto;
12. For added privacy to the residents on Hubbard, the Petitioner shall
incorporate into the design and construction of the elevated
walkway located between the parking structure and Building #1 a
means of blocking or obscuring the visibility of persons using the
walkway;
39040
Regular Meeting Minutes of May 7, 2014
16. 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;
17. That all requirements of the Statement of Amended Voluntary
Conditions be adhered to; and,
18. Pursuant to Section 18.58(c)(1) of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
which is the shorter of (a) ONE YEAR from the date of approval by
City Council or (b) the deadlines set forth in the Statement of
Amended Voluntary Conditions, and unless a building permit is
obtained and all such deadlines set forth in the Statement of
Amended Voluntary Conditions are met, this approval shall be null
and void at the expiration of said period.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Scheel, Nash, Kritzman, Pastor and Meakin
NAYS: Toy and Brosnan
Vice President Meakin declared the resolution adopted.
Vice President Meakin returned the gavel to President Brosnan at 9:12 p.m.
was:
was:
On a motion by Pastor, seconded by Meakin, and unanimously adopted, it
#141-14 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda.
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
#142-14 RESOLVED, that having considered a communication from
the Department of Law, dated April 25, 2014, the Council does hereby, by
a two-thirds roll call vote in accordance with Section 7(1) of the Open
Meetings Act, direct that a Closed Committee of the Whole meeting be
held for the purposes of discussing litigation matters and attorney/client
39041
Regular Meeting Minutes of May 7, 2014
privileged communications in connection with pending litigation, Kohl's
Michigan LP v City of Livonia.
During Audience Communication, Ned Apigian, 5959 Rosetta, Dearborn
Heights, introduced himself. He is a current member of the City Council of Dearborn
Heights and is a candidate for Michigan State Representative, 11th District.
On a motion by Pastor, seconded by Meakin, and unanimously adopted,
this 1,752nd Regular Meeting of the Council of the City of Livonia was adjourned at 9:18
p.m.
Terr". Marecki, City Clerk