HomeMy WebLinkAboutCOUNCIL MINUTES 2013-01-27 38935
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FORTY-FIFTH
REGULAR MEETING OF JANUARY 27, 2014
On January 27, 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 Toy introduced Boy Scout Troop #271 from St. Michael's who led
the meeting with the Pledge of Allegiance President Brosnan then invited Boy Scout
Troop members to introduce themselves to Council.
Roll was called with the following result: Laura Toy, Lynda Scheel, Susan
Nash, Brandon Kritzman, John Pastor, Brian Meakin, and Maureen Miller Brosnan.
Absent: None
Elected and appointed officials present: Mark Taormina, City Planner;
Judy Priebe, Technical Specialist; David Lear, Assistant City Engineer; Terry Marecki,
City Clerk; Don Knapp, City Attorney; and Mayor Jack Kirksey
On a motion by Toy, seconded by Meakin, and unanimously adopted, it
was
#20-14 RESOLVED, that the Minutes of the 1,744th Regular Meeting
of the Council held January 13, 2014, are hereby approved as submitted
President Brosnan announced there would be two (2) Public Hearings
held on Wednesday, February 12, 2014, at 7 00 p m in the Auditorium of City Hall,
33000 Civic Center Drive, Livonia, Michigan
Elijah L. Crotzer, Hi-Vol Products, is requesting approval to amend
Industrial Facilities Exemption Certificate #2011-441 for additional
equipment installed at 12955 Inkster, Livonia, MI 48150 (Industrial
Development Overlay District #78) (CR 307-11), and
Elijah L. Crotzer, Hi-Vol Products, is requesting approval of an Industrial
Facilities Exemption Certificate for new equipment that is needed to meet
the requirements from growth in production parts awarded by automotive
suppliers to be installed at 12955 Inkster, Livonia, MI 48150 (Industrial
Development Overlay District #78)
Regular Meeting Minutes of January 27, 2014 38936
During Audience Communication, Ron and Patty Riggio, 37204 Bretton,
addressed Council to express concern for plowing of roads within their neighborhood
Mr and Mrs Riggio expressed displeasure with City services and indicated snow plows
only came through their neighborhood on three occasions Mr Riggio then expressed
concern for the safety of drivers due to individuals texting and talking on cell phones
while driving and suggested Council adopt an Ordinance banning same
Mayor Kirksey addressed Council and indicated it has not been a normal
winter with record setting amounts of snow and extreme temperatures Mayor Kirksey
thanked the very dedicated staff at the Department of Public Works for their tireless
efforts to keep Livonia streets clean and plowed and stated they have done an excellent
job Mayor Kirksey appreciated the input from residents during Audience
Communication and stated the overall responses from residents has been
overwhelmingly pleased
On a motion by Scheel, seconded by Kritzman, it was
#21-14 RESOLVED, that having considered the report and
recommendation of the Information Systems Director, dated December
20, 2013, 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 a three-year Microsoft Enterprise Agreement from Dell,
850 Asbury Drive, Buffalo Grove, Illinois 60089, to update Microsoft Office
on all City computers for a total price of $180,705 00 ($60,235 00
annually), FURTHER, the Council does hereby authorize an expenditure
in an amount not to exceed $180,705 00 from funds already budgeted in
Account No 401-000-986-010 for this purpose, FURTHER, the Council
does hereby determine to authorize the said purchase without competitive
bidding inasmuch as the same is based upon the low State of Michigan
bid price (under agreement Microsoft and the State of Michigan), as well
as for the additional reasons indicated in the aforesaid communication,
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,
and the Mayor and City Clerk are hereby authorized to execute a contract
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
#22-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 20, 2013, which transmits
its resolution number 12-89-2013 adopted on December 17, 2013, with
regard to Petition 2013-11-08-13 submitted by Dorchen/Martin Associates,
Inc , on behalf of McDonald's Corporation requesting site plan approval in
connection with a proposal to remodel the exterior of the existing
restaurant located on the east side of Middlebelt Road between Plymouth
Road and the CSX Railroad right-of-way (11800 Middlebelt Road) in the
Southwest 1/4 of Section 25, pursuant to the provisions set forth in Section
18 47 of Ordinance No 543, as amended, the Council does hereby concur
Regular Meeting Minutes of January 27, 2014 38937
in the recommendation made by the Planning Commission and Petition
2013-11-08-13 is hereby approved and granted, subject to the following
conditions
1 That the Site Plan marked Cl dated October 29, 2013, as revised,
prepared by Dorchen/Martin Associates, Inc., is hereby approved
and shall be adhered to,
2. That this restaurant's maximum customer seating count shall not
exceed eighty-eight (88) seats,
3 That the Landscape Plan marked C4 dated October 29, 2013, as
revised, prepared by M J Gac & Associates, is hereby approved
and shall be adhered to,
4 That the Exterior Building Elevation Plans marked A2 0 and A2 1
dated October 29, 2013, as revised, prepared by Dorchen/Martin
Associates, Inc., 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 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,
7 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
8 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for; and
9 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period of
one year only from the date of approval by the City Council, and
unless a building permit is obtained and construction is
commenced, this approval shall be null and void at the expiration of
said period
#23-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 20, 2013, which transmits
its resolution number 12-90-2013 adopted on December 17, 2013, with
regard to Petition 2013-11-08-14 submitted by Jarjosa Joy Real Estate,
L.L.0 requesting site plan approval in connection with a proposal to
remodel the exterior of the commercial center (Mid-Joy Plaza) located on
Regular Meeting Minutes of January 27, 2014 38938
the north side of Joy Road between Middlebelt Road and Oxbow Avenue
(29150-29208 Joy Road) in the Southwest 1/4 of Section 36, 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 2013-11-08-14 is hereby
approved and granted, subject to the following conditions
1 That the Elevation and Details Plan marked A101 dated October
17, 2013, prepared by Scope Data, is hereby approved and shall
be adhered to,
2 That the Petitioner shall work with the Inspection and Planning
Departments to provide safe and conforming pedestrian access
along the walkway adjacent to the building, including modifications
to the barrier-free ramp(s),
3 That the Petitioner shall work with the Inspection and Planning
Departments to provide additional landscaping along the site's
frontage along Joy Road,
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
5 building,
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; and,
8 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period of
one year only from the date of approval by 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:
AYES
NAYS Toy, Scheel, Nash, Kritzman, Pastor, Meakin, and Brosnan.
None
Regular Meeting Minutes of January 27, 2014 38939
An email communication from Roger Mali, Mission Point Management
Services, L.L.0 , dated January 8, 2014, requesting St. Jude Nursing Center's site plan
approval in connection with a proposal to construct an addition to the existing
convalescent home located at 34350 Ann Arbor Trail be put over to the Regular Council
meeting of January 27, 2014, was received and placed on file for the information of the
Council (Petition 2013-09-08-07)
On a motion by Toy, seconded by Meakin, it was.
RESOLVED, that having considered a communication from
the City Planning Commission, dated October 7, 2013, which transmits its
resolution 10-58-2013, adopted on October 1, 2013, with regard to Petition
2013-09-08-07 submitted by St. Jude Nursing Center, Inc., requesting site
plan approval in connection with a proposal to construct an addition to the
existing convalescent home located on the Northeast corner of Ann Arbor
Trail and Stark Road (34350 Ann Arbor Trail) in the Southeast 1/4 of
Section 33, pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby refer this
matter to the Committee of the Whole for its report and recommendation
Roger Mali, Mission Point Managements Services, L.L.0 , 721 Elmwood, Troy, was
present to answer any questions of Council and thanked Council for their time and
consideration (Petition 2013-09-08-07)
Following discussion by Council, Toy and Meakin then withdrew their motions on the
foregoing resolution
On a motion by Toy, seconded by Meakin, and unanimously adopted, it
was
#24-14 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 26,
2013, submitted pursuant to Council Resolution 377-13, and further
having considered a communication from the City Planning Commission,
dated October 7, 2013, which transmits its resolution 10-58-2013, adopted
on October 1, 2013, with regard to Petition 2013-09-08-07 submitted by
St. Jude Nursing Center, Inc , requesting site plan approval in connection
with a proposal to construct an addition to the existing convalescent home
located on the Northeast corner of Ann Arbor Trail and Stark Road (34350
Ann Arbor Trail) in the Southeast 1/4 of Section 33, pursuant to the
provisions set forth in Section 18 58 of Ordinance No 543, as amended,
the Council does hereby reject the recommendation of the City Planning
Regular Meeting Minutes of January 27, 2014 38940
Commission and Petition 2013-09-08-07 is hereby approved and granted,
subject to the following conditions
1 That the General Site Plan marked Sheet SP2 dated December 4,
2013, as revised, prepared by Nowak & Fraus Engineers, is hereby
approved and shall be adhered to,
2 That the Conceptual Architectural Site Plan marked Sheet ASP1
dated December 4, 2013, as revised, prepared by Progressive
Associates, Inc., is hereby approved and shall be adhered to,
3 That the Landscape Plan marked Sheet L1 dated December 4,
2013, as revised, prepared by Nowak & Fraus Engineers, is hereby
approved and shall be adhered to,
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That the Conceptual Building Elevations marked Sheet SK2 dated
December 2, 2013, prepared by Progressive Associates, Inc., is
hereby approved and shall be adhered to,
6 That this site shall meet either the City of Livonia or the Wayne
County Storm Water Management Ordinance, whichever applies,
and shall secure any required permits, including storm water
management permits, wetlands permits and soil erosion and
sedimentation control permits, from Wayne County, the City of
Livonia, and/or the State of Michigan Department of Natural
Resources and Environment (DNRE),
7 That all light fixtures shall not exceed twenty feet (20') in height and
shall be aimed and shielded so as to minimize stray light
trespassing across property lines and glaring into adjacent
roadways,
8 That this approval is subject to the petitioner being granted
variances from the Zoning Board of Appeals for deficient front and
side yard setbacks and deficient parking and any conditions related
thereto,
9 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,
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,
Regular Meeting Minutes of January 27, 2014 38941
11 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period of
one year only from the date of approval by City Council, and unless
a building permit is obtained this approval shall be null and void at
the expiration of said period, and
12. The approval is contingent upon the Petitioner remitting payment in
full of all outstanding balances owed to the City (inclusive of any
and all balances owed for Water & Sewer bill as well as real and
personal property taxes) before any constructions permits shall be
issued
Nash gave first reading to the following Ordinance
AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 2013-09-03-02)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at an upcoming Regular meeting
Pastor gave first reading to the following Ordinance
AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 2013-10-03-03)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at an upcoming Regular meeting
A communication received in the Office of the City Clerk on January 21,
2014, re revised site plan dated January 20, 2014, for the proposed used auto
dealership to be located at 30805 & 30836 Plymouth Road (Lang Auto Sales), was
received and placed on file for the information of the Council (Petition 2013-08-02-19)
On a motion by Toy, seconded by Pastor, it was
#25-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 19, 2013, which transmits
its resolution number 12-87-2013, adopted on December 17, 2013, with
regard to Petition 2013-08-02-19, submitted by Keith Lang requesting
Regular Meeting Minutes of January 27, 2014 38942
waiver use approval to operate a used auto dealership (Lang Auto Sales)
with outdoor display of vehicles located on the south side of Plymouth
Road between Merriman and Milburn Avenue (30805 & 30835 Plymouth
Road) in the Northwest 1/4 of Section 35, the Council does hereby concur
in the recommendation made by the City Planning Commission and
Petition 2013-08-02-19 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan, as revised, received by the Office of the City
Clerk on January 21, 2014, is hereby approved and shall be
adhered to,
2 That the recommendations of the Executive Committee of the
Plymouth Road Development Authority (PRDA) shall be resolved to
the satisfaction of the appropriate City Departments, including a)
providing an oil and grease separator in the parking lot catch basin
if deemed necessary; b) limiting the waiver approval to this
Petitioner only; and c) installing additional landscaping along
Plymouth Road and the island within the parking lot;
3 That the number of vehicles to be displayed outdoors shall be
limited to a total of thirty-one (31) vehicles, and that no vehicle for
sale shall be displayed closer than twenty feet (20') from the front
4 lot line (unless waived by the Council in a separate resolution),
That except for what may be authorized under the Zoning
Ordinance as part of a temporary sales event, any type of exterior
advertising related to the sale of the vehicles designed to attract the
attention of passing motorists, such as promotional flags or
streamers, shall be prohibited,
5 That the display of any vehicles on car lifts is strictly prohibited,
6 That there shall be no outdoor storage of auto parts, equipment,
scrap material, waste petroleum products, junked, unlicensed or
inoperable vehicles, or other similar items in connection with this
operation, and the overhead doors, when not in use for vehicles
entering or exiting the service facility, shall be closed at all times,
7 That all parking spaces shall be double striped, including the
provision of barrier free parking with proper signage, marking and
configuration, and all regular customer spaces shall be 10' x 20' in
size as required,
8 That the Petitioner shall be allowed a conforming wall sign and the
ability to either replace the panels on the existing ground sign or a
new conforming ground sign, whichever he elects Any additional
Regular Meeting Minutes of January 27, 2014 38943
signage shall be separately submitted for review and approval by
the Zoning Board of Appeals,
9 That no LED lightband or exposed neon shall be permitted on the
site including, but not limited to, the building or around the windows,
10 That no overhead speakers shall be used inside or outside the
building,
11 That the auto service facility shall consist of up to two (2) bays or
work stations, and all service work shall be limited to vehicles that
are on display and being sold at this location The service
operations shall not be open to the general public,
12. That only minor repairs and maintenance work on vehicles be
conducted at this site, and that repair work shall not include
collision repair;
13 That all light poles shall be a maximum of twenty feet (20') high,
including the base, and all light fixtures shall be shielded to
minimize glare trespassing on adjacent properties and roadways,
14 That per the note on the plan, a minimum five feet (5') high
masonry wall shall be built at or near the south property line
adjacent to the residential district, and a fence shall be allowed
along the remaining portion of the west property line where the site
abuts the nonconforming residential use,
15 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time an
occupancy permit is applied for; and
16 The approval is contingent upon the execution of an agreement by
the Petitioner that is satisfactory to the Law Department which
provides that the waiver use is granted exclusively to Keith Lang
A roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Scheel, Nash, Pastor, and Meakin
NAYS Kritzman and Brosnan
The President declared the resolution adopted
An email communication from the Planning Department, dated January
14, 2014, re whether a specific condition can be imposed on the petitioner relative to
Regular Meeting Minutes of January 27, 2014 38944
the proposed physical therapy and athletic training facility to be located at 13245
Newburgh Road as submitted by Newburgh Road Properties, L.L.0 , was received and
placed on file for the information of the Council (Petition 2013-11-02-31)
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
was
#26-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 19, 2013, which transmits
its resolution number 12-88-2013, adopted on December 17, 2013, with
regard to Petition 2013-11-02-31, submitted by Newburgh Road
Properties, L.L.0 requesting waiver use approval to operate a physical
therapy and athletic training facility located on the west side of Newburgh
Road between the CSX railroad right-of-way and Schoolcraft Road (13245
Newburgh Road) in the Northeast 1/4 of Section 30, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 2013-11-02-31 is hereby approved and granted,
subject to the following conditions
1 That the issues as outlined in the correspondence dated December
9, 2013, from the Fire Marshal, including those relating to the
requirement that the proposed location must conform to current
NFPA 101 standards, shall be resolved to the satisfaction of the
Fire Department;
2 That adequate off-street parking shall be provided which shall be
sufficient to comply with the parking requirement for employees and
patrons as set forth in Section 18 38(12) of the Zoning Ordinance,
3 That an appropriate recordable legal instrument, such as a cross-
access agreement, that gives notice and outlines the terms of how
the subject properties would share parking and access shall be
presented to the Inspection Department at the time a Certificate of
Occupancy is applied for;
4 That adequate lighting be provided in the parking areas and
walkways as determined by the Inspection Department; and
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
Tom Crabill, Newburgh Road Properties, L.L.0 , 40816 Delta Drive, Northville, was
present to answer any questions of Council and thanked Council for their cooperation.
(Petition 2013-11-02-31)
Regular Meeting Minutes of January 27, 2014 38945
On a motion by Scheel, seconded by Meakin, and unanimously adopted, it
was
#27-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 1, 2013, which transmits its
resolution number 03-16-2013, adopted on March 19, 2013, with regard to
Petition 2013-01-02-02, submitted by Costco Wholesale Corporation, and
a communication from Thomas J Giachino of Sullivan, Ward, Asher &
Patton, P C , dated January 10, 2014, as counsel to Costco Wholesale
Corporation, requesting to withdraw their original request to utilize an SDD
liquor license (sale of packaged spirits over 21% alcohol) located on the
east side of Haggerty Road, between Seven Mile and Eight Mile Roads
(20000 Haggerty Road), in the Northwest % of Section 6, the Council does
hereby determine to take no further action with regard to this matter since
the Petitioner has formally withdrawn its request.
There was no Audience Communication at the end of the meeting
President Brosnan thanked Boy Scout Troop #271 for their attendance
and participation in the meeting
On a motion by Meakin, seconded by Toy, and unanimously adopted, this
1,745th Regular Meeting of the Council of the City of Livonia was adjourned at 7 33 p m
A, a
Ter it . Marecki, City Clerk