HomeMy WebLinkAboutCOUNCIL MINUTES 2012-11-07 38469
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND SIXTEENTH
REGULAR MEETING OF NOVEMBER 7, 2012
On November 7, 2012, 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 8 00 p m Brosnan led the meeting with an invocation
Roll was called with the following result: Maureen Miller Brosnan,
Brandon Kritzman, James McCann, Joe Laura, John Pastor, and Laura Toy Absent:
Thomas Robinson
Elected and appointed officials present: Mark Taormina, City Planner;
Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Don Knapp, City
Attorney; Terry A. Marecki, City Clerk; and Mayor Jack Kirksey
On a motion by Brosnan, seconded by Kritzman, it was
#435-12 RESOLVED, that the Minutes of the 1,715th
Regular
Meeting of the Council held October 24, 2012, are hereby approved as
submitted
AYES Brosnan, Kritzman, McCann, and Toy
NAYS None
PRESENT Pastor
ABSTAIN Laura*
*Laura abstained from voting, which is recorded as a "yes" vote under the provisions
of Section 2 04 190B of the Livonia Code of Ordinances.
President Toy declared the resolution adopted
President Toy announced that Councilmember Thomas Robinson made
it through his surgery today successfully and stated the Council's thoughts and
prayers go out to him and his family during his recovery
McCann presented a tribute to the Livonia Bar Association on their 50th
Anniversary on behalf of the City of Livonia and the Council
Regular Meeting Minutes of November 7, 2012 38470
Timothy Klisz, Vice President and Treasurer of the Livonia Bar
Association, was present to accept the tribute presented by Council on behalf of the
City, thanked Council for the honor and provided an update on activities their
organization has recently participated in including the upcoming Turkey Trot and the
American Cancer Society's Relay for Life event this past May
President Toy thanked and congratulated City Clerk, Terry Marecki, and
her staff for all their hard work on Election Day yesterday
Terry Marecki, City Clerk, thanked her staff and everyone else who
assisted in the Presidential General Election for their time and hard work. Ms Marecki
indicated she hired more than 500 people to work the Election on Tuesday, some of
whom were high school students, and has received positive feedback from many of
the precinct workers for using the young community members at the polls Ms
Marecki stated there was a 75% voter turnout in the community and indicated it was a
huge endeavor to undertake Ms Marecki expressed her gratitude to the Livonia
Public Schools and Clarenceville Schools for their assistance at the polling locations
and thanked City employees, including members of the Police Department, for their
dedication and assistance in the Election as well
Laura offered his appreciation and thanked City Clerk, Terry Marecki,
and her staff for running such a smooth election and for being able to provide
residents with results in such a timely manner Laura stated he was present until late
Tuesday evening and was impressed with the professional demeanor and calmness of
Ms Marecki and her staff and indicated she served the community well and thanked
her for the extremely hard work accomplished in running the election
President Toy extended Happy Birthday wishes to former longtime
Livonia resident, Mary Carter, who she stated celebrated her 100th birthday President
Toy indicated Ms Carter now resides in Florida but wanted to wish her a Happy
Birthday on behalf of the City and Council President Toy also wished her sister,
Carol, a Happy 55th birthday President Toy wished everyone a Happy Veterans Day
and indicated the holiday will be celebrated on Monday, November 12th and thanked
all those who have served our country to protect our freedom
President Toy announced the upcoming Thanksgiving holiday will be
celebrated on Thursday, November 22nd and indicated City offices will be closed on
Thursday, November 22nd and Friday, November 23rd, in observance of the holiday
President Toy stated the Senior Center provides many worthy events during the
holiday season including their "Mitten Tree" and Holiday Craft Show President Toy
also congratulated the winners from the General Election held on Tuesday, November
6th
President Toy announced there would be an X-item addressed at the
end of the meeting to address a request from the Department of Law to schedule a
closed Committee of the Whole meeting to discuss pending litigation and
attorney/client privileged communications regarding Susan Wilson and Donald Wilson
v City of Livonia
Regular Meeting Minutes of November 7, 2012 38471
Vice President Pastor announced three public hearings to be held on
Monday November 26, 2012, at 6 45 p m in the Auditorium of City Hall, 33000 Civic
Center Drive, Livonia, Michigan
Petition 2012-03-06-06 submitted by the City Planning Commission,
pursuant to Section 23 01(b) of the Livonia Zoning Ordinance No 543,
as amended, proposing to amend Sections 9 02 and 9 03 of Article IX,
OS (Office Services) District Regulations, in order to modify the types of
permitted and waiver uses including, but not limited to, real estate and
insurance offices, offices of fraternal or religious organizations, and
offices of clubs and lodges, and
Petition 2012-03-06-07 submitted by the City Planning Commission,
pursuant to Section 23 01(b) of the Livonia Zoning Ordinance No 543,
as amended, proposing to amend Sections 10 02 and 10 03 of Article X,
C-1 (Local Business) District Regulations, in order to clarify and make
certain changes to the types of permitted and waiver uses including, but
not limited to, various retail stores, personal service establishments,
office businesses, veterinary clinics, SDD licensed establishments, and
restaurants, and
Petition 2012-03-06-08 submitted by the City Planning Commission,
pursuant to Section 23 01(b) of the Livonia Zoning Ordinance No 543,
as amended, proposing to amend Sections 11 02 and 11 03 of Articles
XI, C-2 (General Business) District Regulations, in order to make
changes to certain types of permitted and waiver uses including, but not
limited to, various retail sales and retail service establishments,
wholesale business uses, gasoline service stations, animal care
facilities, restaurants, auto-wash establishments, establishments service
alcohol, dance halls, pawn shops, and open-air businesses
There was no Audience Communication at the beginning of the meeting
On a motion by McCann, seconded by Brosnan, it was
#436-12 RESOLVED, that having considered a communication from
the City Clerk, dated October 11, 2012, forwarding an application
submitted by Zhihong Liu, 3846 Shannon Drive, Warren, Michigan
48091, for a massage therapist permit and in accordance with Chapter
5 49 of the Livonia Code of Ordinances, as amended, the Council does
hereby approve this request in the manner and form herein submitted,
and the City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
#437-12 RESOLVED, that having considered a communication from
the City Clerk, dated October 4, 2012, forwarding an application
submitted by Jie Wu, 45169 Horse Shoe Circle, Canton, Michigan
48187, for a massage apprentice permit and in accordance with Chapter
Regular Meeting Minutes of November 7, 2012 38472
5 49 of the Livonia Code of Ordinances, as amended, the Council does
hereby approve this request in the manner and form herein submitted,
and the City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
#438-12 RESOLVED, that having considered a communication from
the City Clerk, dated October 22, 2012, forwarding an application
submitted by Luxia Yang, 2804 S 2675 W , Syracuse, Utah 84075, for a
massage therapist permit and in accordance with Chapter 5 49 of the
Livonia Code of Ordinances, as amended, the Council does hereby
approve this request in the manner and form herein submitted, and the
City Clerk is hereby requested to do all things necessary or incidental to
the full performance of this resolution
#439-12 RESOLVED, that having considered a communication from
the Assistant City Assessor, dated October 10, 2012, approved for
submission by the Mayor, with regard to a request from Kucyk, Soave, &
Fernandes, PLLC, 37771 Seven Mile Road, Suite C, Livonia, Michigan
48152, and in accordance with the provisions of 1967 PA 288, as
amended, as well as Section 18 46 of Ordinance No 543, as amended,
the Council does hereby approve of the proposed lot split and
combination of tax item Nos 46-014-01-0015-002 and 46-014-01-0016-
003, into two parcels, the legal description(s) of which shall read as
follows
Existing Parcel
The North 150 00 feet of the South 300 00 feet Lots 15 and 16 of
Fairway Subdivision of part of the Northwest 1/4 of Section 4, T 1 S , R. 9
E , City of Livonia, Wayne County, Michigan as recorded in Liber 70 of
Plats, Page 86, Wayne County Records
Containing 46,431 sq ft./1 06 acres
Parcel "A"
The North 75 00 feet of the South 300 00 feet Lots 15 and 16 of Fairway
Subdivision of part of the Northwest 1/4 of Section 4, T 1 S , R 9E , City
of Livonia, Wayne County, Michigan as recorded in Liber 70 of Plats,
Page 86, Wayne County Records
Containing 23,231 sq ft./0 53 acres
Parcel "B"
The North 75 00 feet of the South 225 00 feet Lots 15 and 16 of Fairway
Subdivision of part of the Northwest 1/4 of Section 4, T 1 S , R. 9 E , City
of Livonia, Wayne County, Michigan as recorded in Liber 70 of Plats,
Page 86, Wayne County Records
Containing 23,200 sq ft./0 53 acres
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, FURTHER, in accordance with Section
Regular Meeting Minutes of November 7, 2012 38473
16 32 030 of the Livonia Code of Ordinances, as amended, and Section
18 46 of Zoning Ordinance No 543, as amended, the Council does
hereby waive the maximum depth-to-width requirements set forth in
Zoning Ordinance No 543, as amended, with respect to this property
division, and the City Clerk is hereby requested to cause a certified copy
of this resolution to be recorded in the Office of the Wayne County
Register of Deeds
#440-12 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, September 28, 2012,
which bears the signature of the Director of Finance and the
Superintendent of Public Service - Environment & Utilities and is
approved for submission by the Mayor, the Council does hereby accept
the bid of Bell Equipment Company, 78 Northpointe Drive, Lake Orion,
Michigan 48359, for supplying the Public Service Division with one (1)
four ton, propane fired asphalt hauling trailer (hot patcher) for the total
amount of $21,300 00, the Council having determined to accept this bid
in lieu of the low bids for the reasons specified in the aforementioned
report and recommendation, FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $21,300 00 from
funds already budgeted in Account No 401-000-987-000 for this
purpose, and the bids of Falcon Road Maintenance Equipment and KM
International are hereby rejected for the reasons indicated in the
attachment.
#441-12 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 11, 2012, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and the Superintendent of Parks and
Recreation and approved for submission by the Mayor, regarding a
request to approve a Change Order to the 2012 Asphalt Road Program
(Contract 12-A) to add a parallel parking area on the south side of
Orangelawn, east of Fairfield, remove and replace deteriorated sections
of concrete sidewalk, construction of new ADA ramps on the south side
of Orangelawn, provide concrete pads at the benches, place and
compact additional stone on the south side of Orangelawn (south of
Hubbard Road) and provide any additional necessary restoration at
Kleinert Park in connection with the existing contract between the City of
Livonia and Nagle Paving Company, previously authorized in Council
Resolution No 152-12 adopted on April 25, 2012, and Council
Resolution No 262-12, adopted on July 2, 2012, the Council does
hereby approve a Change Order to Contract 12-A with Nagle Paving
Company, 36780 Amrhein, Livonia, Michigan 48150, in the amount of
$30,220 10, FURTHER, the Council does hereby appropriate and
authorize an expenditure in an amount not to exceed $30,220 10 from
funds budgeted in Account No 401-000-974-000 for this purpose, and
the City Engineer is hereby authorized to approve any minor
adjustments in the work as it becomes necessary
Regular Meeting Minutes of November 7, 2012 38474
#442-12 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 11, 2012, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and the Superintendent of Parks and
Recreation and approved for submission by the Mayor, regarding a
request to approve a Change Order to the 2012 Asphalt Road Program
(Contract 12-A) for paving of a new walking path of approximately 1,700
lineal feet in length, along with earthwork for the winter ice rink, storm
sewer work and any additional necessary restoration at Dooley Park in
connection with the existing contract between the City of Livonia and
Nagle Paving Company, previously authorized in Council Resolution No
152-12 adopted on April 25, 2012, and Council Resolution No 262-12,
adopted on July 2, 2012, the Council does hereby approve a Change
Order to Contract 12-A with Nagle Paving Company, 36780 Amrhein,
Livonia, Michigan 48150, in the amount of $52,518 00; FURTHER, the
Council does hereby authorize an expenditure in an amount not to
exceed $52,518 00 from the Unexpended Fund Balance of Account 208,
with such funds to be reimbursed from the Wayne County District 10
Grant; and the City Engineer is hereby authorized to approve any minor
adjustments in the work as it becomes necessary
#443-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 16, 2012, which transmits
its resolution 10-83-2012, adopted on October 9, 2012, with regard to
Petition 2012-09-02-18, submitted by Target Corporation requesting to
amend Council Resolution No 557-05, adopted on November 30, 2005,
in order to extend the Target store operating hours at Wonderland
Village (Store #2230) located on the south side of Plymouth Road
between Middlebelt Road and Milburn Road (29451 Plymouth Road) in
the Northeast 1/4 of Section 35, from 12 00 a m midnight through 6 00
a m on Friday, November 23, 2012 (the day after Thanksgiving), and for
each subsequent year beginning at midnight of Thanksgiving Day, which
property is zoned C-2, the Council does hereby reject the
recommendation of the Planning Commission and Petition 2012-09-02-
18 is hereby denied for the following reasons
1 That the petitioner has failed to affirmatively show that the
requested extension of hours at this store is needed and is in the
City of Livonia and its residents' best interest;
2 That allowing this store to stay open over the approved hour
schedule would set an unwanted precedent not only for this area
but for the City as a whole,
3 That the increase in intensity associated with the extended hours
would be detrimental to and not in harmony with the character of
the existing shopping center; and
Regular Meeting Minutes of November 7, 2012 38475
4 That the proposal fails to conclusively deal with all the concerns
deemed necessary for the safety and welfare of the City and its
residents.
#444-12 RESOLVED, that having considered a communication from
the Department of Law, dated October 17, 2012, approved for
submission by the Mayor, in connection with a proposed amendment to
Section 18 42A (Wireless Communications Facilities) of the Zoning
Ordinance to allow for antennas, transmitters, receivers, base stations,
equipment shelters and the like to be collocated on existing towers as a
matter of right unless the tower or support structure will be significantly
altered in terms of height or width or unless the existing equipment
compound area will be increased to more than 2,500 square feet, the
Council does hereby determine on its own motion to refer to and request
that the City Planning Commission conduct a public hearing on the
question of whether such amendment should be made, and thereafter
submit a report and recommendation to Council
#445-12 RESOLVED, that having considered a communication from
the City Clerk, dated October 24, 2012, forwarding an application
submitted by Janet Larson, 44777 North Hills Dr , Apt. #N119, Northville,
Michigan 48167, for a massage therapist permit and in accordance with
Chapter 5 49 of the Livonia Code of Ordinances, as amended, the
Council does hereby approve this request in the manner and form herein
submitted, and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
#446-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 24, 2012, which transmits
its resolution 10-90-2012, adopted on October 23, 2012, with regard to
Petition 2012-09-02-24, submitted by Agustin Ochoa requesting waiver
use approval to expand the existing full service restaurant (Las Palapas)
and add seating on property located on the north side of Plymouth Road
between Farmington Road and Mayfield Avenue within the Fountain
Park shopping center (33308 Plymouth Road), in the Southwest 1/4 of
Section 27, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 2012-09-02-24 is hereby approved and granted, subject to
the following conditions
1 That the Site Plan marked Drawing No AO 1.2 dated September
21, 2012, as revised, prepared by Serra-Marko & Associates, is
hereby approved and shall be adhered to,
2 That appropriate recordable legal instrumentation, such as a
cross access agreement, that gives notice and outlines the terms
of how the subject property would share parking and access with
Regular Meeting Minutes of November 7, 2012 38476
abutting property(s), be supplied to the Inspection Department at
the time a building permit is applied for;
3 That the maximum number of customer seats shall not exceed a
total of one hundred fifty eight (158) seats, including one hundred
thirty eight (138) interior seats and twenty (20) outdoor patio
seats,
4 That the Elevations Plan marked Drawing No A2 0 1 dated
September 21, 2012, as revised, prepared by Serra-Marko &
Associates, is hereby approved and shall be adhered to,
5 That the outdoor storage of refuse shall be limited to the screened
compactor area as shown on the approved site plan for this
commercial development, and there shall be no additional outdoor
refuse storage areas on the site in connection with this use,
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 petitioner shall repair or replace the thatched material, as
needed, and
9 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
#447-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 24, 2012, which transmits
its resolution 10-92-2012, adopted on October 23, 2012, with regard to
Petition 2012-09-02-25, submitted by Agustin Ochoa requesting waiver
use approval to expand the Class C liquor license (sale of beer, wine
and spirits for consumption on the premises) of the existing full service
restaurant (Las Palapas) on property located on the north side of
Plymouth Road between Farmington Road and Mayfield Avenue within
the Fountain Park shopping center (33308 Plymouth Road), in the
Southwest 1/4 of Section 27, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2012-09-02-25 is hereby approved and
granted, subject to the following conditions
1 That the use of a Class C license at this location shall be
permitted only under the circumstances that the Zoning
Regular Meeting Minutes of November 7, 2012 38477
Ordinance standard set forth in Section 11 03(h)(1) requiring that
there be at least a 1,000 foot separation between Class C
licensed establishments is waived by the City Council, and
2 The Petitioner shall not engage in any form of solicitation for
business within the public right-of-way of Plymouth Road
FURTHER, the Council does hereby waive the Zoning Ordinance
standard set forth in Section 11 03(h)(1) requiring that there be at least a
1,000 foot separation between Class C licensed establishments
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Kritzman, McCann, Laura, Pastor, and Toy
NAYS None
A communication from the Department of Law, dated November 1, 2012,
re proposed amendment to the Zoning Ordinance as requested by Livonia IT Office
Building, L.L.0 to rezone property located at 19375 Victor Parkway, was received and
placed on file for the information of the Council (Petition 2012-08-01-04)
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP OF
THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE
NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3
THERETO (Petition 2012-08-01-04)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The
above Ordinance was placed on the table for consideration at an upcoming Regular
meeting
McCann gave first reading to the following Ordinance
PROPOSED AMENDMENTS TO SECTION 2 10(16) OF ARTICLE II
(DEFINITION OF MISCELLANEOUS TERMS) MECHANICAL
AMUSEMENT DEVICES OF THE CITY OF LIVONIA ZONING
ORDINANCE (Petition 2012-08-06-10)
i..
Regular Meeting Minutes of November 7, 2012 38478
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
On a motion by Brosnan, seconded by Laura, it was
WHEREAS, the City of Livonia and several other cities
were required by the State of Michigan to hold a special primary election
on September 5, 2012, to fill the vacancy created by the resignation of
U S Representative Thaddeus McCotter; and
WHEREAS, reductions in state revenues sharing funds over the past
years as well as significant decreases in overall City revenues have
made it increasingly difficult to provide basic City services, and
WHEREAS, the City of Livonia incurred costs in the amount of
$45,000 00 in connection with the September 4, 2012, Special Primary
Election, and
WHEREAS, requiring the City of Livonia to bear these costs represents
another unfunded mandate from the State of Michigan and presents a
hardship to the City by reducing monies available for budgeted City
projects and services,
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF LIVONIA does hereby take this means to request
reimbursement for the costs of the September 5, 2012, Special Primary
Election from the State of Michigan and does hereby direct that copies of
this resolution be forwarded to Governor Rick Snyder, State
Representative John Walsh, State Representative Phil Cavanagh, State
Senator Glenn Anderson and the Michigan Municipal League State and
Federal Affairs Division
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Kritzman, and Laura
NAYS McCann, Pastor, and Toy
The President declared the motion failed due to lack of support.
An email communication from the Engineering Division, dated November
7, 2012, re clarification and correct address information for the proposed Special
Regular Meeting Minutes of November 7, 2012 38479
Assessment District to install a ten (10) inch public sanitary sewer main at 15230,
15200 and 15160 Levan Road, was received and placed on file for the information of
the Council
On a motion by McCann, seconded by Brosnan, and unanimously
adopted, it was
#448-12 RESOLVED, that having considered a communication from
Nawaf Masri, 15230 Levan, Livonia, Michigan 48154 and Vince Masell,
15200 Levan, Livonia, Michigan 48154, requesting a Special
Assessment District (SAD) to install a ten (10) inch public sanitary sewer
main to service the properties of 15230, 15200 and 15160 Levan Road,
and before determining to install such proposed improvement, the cost
of which is to be defrayed by special assessment, the Council hereby
requests that the City Engineer ascertain the assessed valuation of all
property affected by the proposed improvement, the number of parcels
which show tax delinquencies, the number of parcels owned by public
authorities, the number of parcels which are now vacant, and to prepare
and cause to be prepared, plans and specifications therefore and an
estimate of the cost thereof, and to file the same with the City Clerk
together with his recommendation as to what proportion of the cost
should be paid by special assessment and what part, if any, should be a
general obligation of the City, the number of installments in which
assessments may be paid and the lands which should be included in the
proposed Special Assessment District, pursuant to the provisions of
Section 3 08 060 of the Livonia Code of Ordinances, as amended
A communication from the Engineering Division, dated November 5,
2012, re additional information on the 2013 Road Repair Program to coincide with the
extension of the contracts for Design and Construction Engineering Services, was
received and placed on file for the information of the Council. (CR 260-10, CR 379-10
and CR 336-11)
On a motion by McCann, seconded by Pastor, and unanimously
adopted, it was
#449-12 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 11, 2012, which
bears the signature of the Director of Finance and the City Attorney, is
approved by the Director of Public Works and is approved for
Regular Meeting Minutes of November 7, 2012 38480
submission by the Mayor, to which is attached a proposed Contract
Amendment between the City of Livonia and Orchard, Hiltz & McCliment,
Inc , as well as a proposed Contract Amendment between the City of
Livonia and Anderson, Eckstein and Westrick, Inc , and having further
considered a subsequent communication from the City Engineer, dated
November 5, 2012, which bears the signature of the Director of Finance,
is approved by the Director of Public Works and is approved for
submission by the Mayor, the Council does hereby approve the 2013
Road Repair Program as proposed by the Citizens Advisory Committee
and the Department of Public Works, FURTHER, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City
of Livonia, to execute the attached QBS Contract Amendments between
the City of Livonia and Orchard, Hiltz & McCliment, Inc , 34000 Plymouth
Road, Livonia, Michigan 48150, to provide Design Services and
Construction Engineering Services for the 2013 Asphalt Road Program
in an amount not to exceed $437,500 00 ($137,500 00 for Design
Engineering and $300,000 00 for Construction Engineering) and
between the City of Livonia and Anderson, Eckstein and Westrick, Inc ,
51301 Schoenherr Road, Shelby Township, Michigan 48315, to provide
Design Services and Construction Engineering Services for the 2013
Concrete Road Program in an amount not to exceed $101,750 00
($33,000 00 for Design Services and $68,750 00 for Construction
Engineering), FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $539,250 00 from funds
budgeted in the Road, Sidewalk and Tree Fund (Account No 204-441-
818-102) for this purpose, and the City Engineer is hereby authorized to
approve minor adjustments in the work as it becomes necessary
On a motion by Kritzman, seconded by Brosnan, and unanimously
adopted, it was
#450-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 16, 2012, which transmits
its resolution 10-84-2012, adopted on October 9, 2012, with regard to
Petition 2012-09-02-19, submitted by Landplan Engineering, P.A., on
behalf of The Kroger Company, requesting waiver use approval to
construct a gas station on a portion of the Northridge Commons
shopping center on property located on the south side of Eight Mile
Road between Farmington Road and Gill Road (33523 Eight Mile Road),
in the Northeast 1/4 of Section 4, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2012-09-02-19 is hereby approved and
granted, subject to the following conditions
1 That the Composite Site Plan-Proposed Construct marked sheet
C-002 dated September 11, 2012, prepared by Landplan
Engineering, P.A., is hereby approved and shall be adhered to,
Regular Meeting Minutes of November 7, 2012 38481
2 That the Dimension Control Site Plan marked sheet C-200 dated
September 11, 2012, prepared by Landplan Engineering, P.A., is
hereby approved and shall be adhered to,
3 That the Landscape Plan marked sheet L-100 dated September
11, 2012, prepared by Landplan Engineering, P.A., is hereby
approved and shall be adhered to,
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That underground sprinklers are to be provided for all landscaped
and sodded areas and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
6 That the small "transaction kiosk" enclosure shall be constructed
out of brick to match the Kroger store,
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 gas pump island canopy shall not exceed eighteen feet
(18') in height;
9 That all pump island canopy lights shall be recessed and/or made
flush with the canopy ceiling,
10 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 and the City of
Livonia,
11 All pole-mounted 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
roadway;
12 No outside storage, placement or display of merchandise shall be
permitted at any time on this site, however the foregoing
prohibition shall not apply to the display, on the pump islands
only, of oil based products as permitted in Section 11 04(a) of the
Zoning Ordinance,
Regular Meeting Minutes of November 7, 2012 38482
13 That free air shall be provided at all times this station is open for
business The free air shall be dispensed at the point of service
without having to enter the station or the performance of any extra
action in order to obtain the air without charge,
14 That no vehicle vacuum equipment or the outdoor placement of
propane cylinder storage units shall be permitted on the site,
15 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,
16 That no part of the pump island canopy fascia, with the exception
of the embossed logos, shall be illuminated,
17 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the pump island canopy, building
or around the windows,
18 That the lights for the gas station shall be turned off when the gas
station is not in use,
19 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,
20 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
FURTHER, the Petitioner shall enter into a Conditional Agreement
limiting this waiver use to Kroger and its affiliates only and should Kroger
vacate the shopping center, the fueling station shall be removed and the
area restored back to a parking lot to the satisfaction of the Planning
Department and Inspection Department, with the provision to extend this
waiver use approval to a new user only upon approval of the new user
by the City Council
Harriet Ragazzino, 33739 Pondview Circle, addressed Council to express her
opposition to the proposed waiver use petition as submitted by The Kroger Company
to construct a gas station (Petition 2012-09-02-19)
Matthew Pisko, 37740 Hills Tech Drive, Farmington Hills, representative from
Landplan Engineering, P.A., was present on behalf of the petitioner, The Kroger
Company, to answer any questions of Council and thanked them for their time
(Petition 2012-09-02-19)
Regular Meeting Minutes of November 7, 2012 38483
An email communication from attorney Tyler Tennent, from the law firm
of Dawda, Mann, Mulcahy & Sadler, PLC, dated November 5, 2012, re requesting to
withdraw waiver petition as submitted on behalf of the Kohl's Department Store
located at Livonia Marketplace to amend previously approved Council Resolution No
429-08 to extend the hours of the store for the Friday following Thanksgiving, was
received and placed on file for the information of the Council (Petition 2012-09-02-
21)
On a motion by Pastor, seconded by McCann, and unanimously
adopted, it was
#451-12 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 McCann, seconded by Pastor, it was
#452-12 RESOLVED, that having considered a communication from
the Department of Law, dated November 5, 2012, 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 privileged communications in connection with pending
litigation, Susan Wilson and Donald Wilson v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Kritzman, McCann, Laura, Pastor, and Toy
NAYS None
The President declared the resolution adopted.
There was no Audience Communication at the end of the meeting
On a motion by McCann, seconded by Kritzman, and unanimously
adopted, this 1,716th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 29 p m
Regular Meeting Minutes of November 7, 2012 38484
Ii
Terry A. AA:Wick', City Clerk