HomeMy WebLinkAboutCOUNCIL MINUTES 2015-03-1639307
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND SEVENTY-THIRD
REGULAR MEETING OF MARCH 16. 2015
On March 16, 2015 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by President
Brosnan at 7 00 p m Vice President Meakin led the meeting in the Invocation
Roll was called with the following result: Brian Meakin, Laura Toy,
Lynda Scheel, Susan Nash, Brandon Kritzman, John Pastor and Maureen Miller
Brosnan Absent: None
Elected and appointed officials present: Mark Taormina, Director of
Planning and Economic Development; Todd Zilincik, City Engineer; Don Knapp,
City Attorney; and Mayor Jack Kirksey
Katzman noted a correction to the March 2, 2015 minutes, indicating
his stepfather's name as Mark Steven Kohlmeyer
On a motion by Scheel, supported by Kritzman, and unanimously adopted,
it was
#60-15 RESOLVED, that the Minutes of the 1,772nd Regular Meeting
of the Council held March 2, 2015 are hereby approved as amended
Toy delivered sad news on the death of David Reddinger who lived on
Brookfield and was very active in the community
President Brosnan announced there will be two (2) Public Hearings being
held on Monday, March 30, 2015 at 7 00 p m in the Auditorium of the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan
Petition 2015-01-01-01 submitted by Nasser I Abunab, to rezone the property at
27840 Plymouth Road, located on the north side of Plymouth Road between
Inkster Road and Deering Avenue in the Southeast '/4 of Section 25, from OS
(Office Services) to C-1 (Local Business)
Regular Meeting Minutes of March 16, 2015
Frank Jonna, Principal, SREP Haggerty Road, LLC, requesting to establish a
Commercial Rehabilitation District for property located at 19700 Haggerty Road
and 19750 Haggerty Road, Livonia, MI 48152, to help in the expansion and
rehabilitation of this property
President Brosnan wished everyone a Happy St. Patrick's Day and
congratulated -three Livonia residents who served on either the Court of St. Bridget
or the United Irish Society Court, those being Marie Brosnan, Mary Alice Fedendall
and Karen O'Donahue and who were the recipients of scholarship funds and
representatives of the Irish community
She also sent get well wishes to Judy Priebe, Director of Legislative Affairs,
who had recent knee surgery
President Brosnan announced there is new data on Items 13 and 15
During Audience Communication Penny Crider, District Manager for
Senator Colbeck, stated there will be office hours at the Senior Center on Friday,
March 20, 2015 from 11 00 a m to 12 00 p m to hear resident concerns She also
stated there will be a Health Care Forum at the Northville Township Hall, 44405
Six Mile Road, Northville, on March 30, 2015 from 7 00 to 9 00 p m to discuss
alternatives to the Affordable Care Act. She invited everyone to visit Senator
Colbeck's website at www.morninginmichigan.com to see what is going on in
Lansing or to call their office at 734-744-6169
it was.
On a motion by Scheel, supported by Kritzman, and unanimously adopted,
#61-15 RESOLVED, that having considered the letter from the
President of the Livonia Anniversary Committee, Inc, dated February 5,
2015, requesting approval of the following items
1 The issuance of a permit to Wade Shows to conduct carnival
amusement rides at Ford Field and John Stymelski Veteran's Park,
as part of this year's SPREE -65 Celebration, on June 23, 24, 25,
2015, from 2 00 p m to midnight and on June 26, 27, and 28, 2015,
from 12 00 noon to midnight, subject to the City of Livonia, Livonia
Public Schools, the Livonia Hockey Association and the Livonia
Anniversary Committee, Inc being identified as additional insureds
on Wade Shows' general liability insurance policy;
2 Authorization of the Anniversary Committee to conduct a fireworks
display at John Stymelski Veterans' Park to be held on Sunday, June
28, 2015, at approximately 10 15 p m , which display will be
controlled by American Fireworks, Inc, subject to providing liability
insurance for this event and subject to the City of Livonia, Livonia
Public Schools, the Livonia Hockey Association and the Livonia
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Regular Meeting Minutes of March 16, 2015
Anniversary Committee, Inc, being designated as additional
insureds on its policy,
3 Authorization of the Livonia Anniversary Committee to use and/or
lease the facilities at Ford Field, Eddie Edgar Arena (subject to the
terms of the existing lease between the Livonia Hockey Association
and the City of Livonia) and John Stymelski Veterans' Park during
the period of the SPREE -65 Celebration in accordance with the
fees/waivers grid for events co-sponsored by the City of Livonia, and
4 A waiver of all fees prescribed by ordinance or law with respect to
Items 2 and 3 above, as well as a waiver of all vendors' license fees
for community organizations and/or groups authorized to participate
in SPREE -65 by the Anniversary Committee,
The Council does hereby concur in and approve the foregoing requests,
and the City Clerk and all other appropriate City officials and agencies are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
#62-15 RESOLVED, that having considered the letter from the
President of the Livonia Anniversary Committee, Inc, dated February 5,
2015, wherein it is requested that the following City streets be closed to
through traffic from 8 00 a m on June 22, 2015, through 12 00 noon on
June 29, 2015 (Monday to Monday)
Stark Road from the Family Y, 14255 Stark, to Lyndon
Lyndon from Farmington Road to Stark Road
The Council does hereby concur in and grant this request in the manner
and form herein submitted, FURTHER, the Council does hereby request
that Farmington Road be closed from the 1-96 overpass to Five Mile Road
on Sunday, June 28, 2015, between the hours of 6 30 p m and 11 30 p m
or until the road is returned to normal traffic operation in connection with the
annual SPREE fireworks display, and does hereby authorize the City of
Livonia to assume liability for any damage claims which may arise as a
result of the road closure, and that Sgt. Joe Boitos is hereby designated and
authorized to sign the road closure permit on behalf of the City of Livonia,
the action taken herein being made subject to the approval of the Police
Department, Fire Department and Wayne County, and to the extent
possible, SPREE is requested, in conjunction with the Police Department,
to do all things necessary to alleviate traffic problems for the residents of
Stoneleigh Village Subdivision during the 2015 Anniversary Celebration,
including signs on the barricades indicating "local business and residents
only "
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Regular Meeting Minutes of March 16, 2015
#63-15 RESOLVED, that having considered the letter from the
President of the Livonia Anniversary Committee, Inc, dated February 5,
2015, the Council does hereby approve of the request from the Livonia
Anniversary Committee, Inc, for permission to display banners advertising
SPREE -65 on Farmington Road and Five Mile Road from May 28, 2015
through June 28, 2015, and to display 4' x 8' signs at City Hall and Ford
Field from May 28, 2015 through June 28, 2015, at no additional cost to
Spree, Further, the Council does hereby permit the Livonia Anniversary
Committee, Inc to acknowledge supporters with banners and signage not
to exceed 3' x 5' in size on Ford Field and the ball diamonds from May 28,
2015 to June 28, 2015, and the City Clerk and all other appropriate City
officials and agencies are hereby requested to do all things necessary or
incidental to the full performance of this resolution
#64-15 RESOLVED, that having considered a communication from
the Mayor, dated February 10, 2015, concerning the reappointment of
Audrey Greenleaf to the Board of Ethics, and pursuant to Section
2 200 070 of the Livonia Code of Ordinances, as amended, the
Council does hereby consent to and confirm the reappointment of Audrey
Greenleaf, 37721 Bristol, Livonia, Michigan 48154, to the Board of Ethics
for a three year term commencing March 1, 2015 and expiring March 1,
2018
#65-15 RESOLVED, that having considered a communication from
the Mayor, dated February 10, 2015, concerning the reappointment of
Jacob Ghannam to the Board of Ethics, and pursuant to Section 2.200 070
of the Livonia Code of Ordinances, as amended, the Council does hereby
consent to and confirm the reappointment of Jacob Ghannam, 35202 Curtis,
Livonia, Michigan 48152, to the Board of Ethics for a three year term
commencing March 1, 2015 and expiring March 1, 2018
#66-15 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated February 23, 2015,
approved for submission by the Mayor, to which is attached recommended
final budget adjustments required for the Fiscal Year 2014 Budget, the
Council does hereby authorize said budget adjustments and transfers in the
manner and form set forth in the attachment.
#67-15 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service -Environment &
Utilities and the Director of Public Works, dated February 11, 2015, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the purchase
of one (1) 2015 Ford F450 4x4 Service Truck Chassis from Gorno Ford,
22025 Allen Road, Woodhaven, MI 48183 in the total amount of $34,785 00
and to use Truck and Trailer Specialties, 6726 Hanna Lake, Dutton,
Michigan 49316, as the outfitter to outfit the truck, in the total amount of
$36,943 00, for a total cost not to exceed $71,728 00, the same to be
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expended from funds already budgeted for this purpose in Account No 401-
000-985-010 (Fleet Maintenace Section ), FURTHER, the Council does
hereby determine to authorize the said purchase without competitive
bidding inasmuch as the same is based upon the low State of Michigan bid
price under Contract No 071131300005 for the purchase of the 2015 Ford
F450 4x4 Service Truck Chassis awarded to Gorno Ford and under
Contract No 071131300074 for the outfitting of the vehicle awarded to Truck
and Trailer Specialties, and such action is taken in accordance with the
provisions set forth in Section 3 04 140 D 4 of the Livonia Code of
Ordinances, as amended, FURTHER, the Council does hereby authorize
the disposal of the replacement vehicle at public auction after receipt of the
new vehicle
#68-15 RESOLVED, that having considered a communication from
the Superintendent of Public Service -Environment & Utilities and the
Director of Public Works, dated February 23, 2015, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby authorize the purchase of one (1)
Freightliner Tandem Axle Dump Truck through the Rochester Hills Co-op
Award Agreement, as a replacement vehicle in the Public Service Division's
Fleet, from Wolverine Freightliner, 107 S Groesbeck, Mt. Clemens,
Michigan 48043, in the total amount of $98,946 00, and the outfitting of said
vehicle by Truck and Trailer Specialties, 6726 Hanna Lake, Dutton,
Michigan 49316, at a cost of $31,340 00, for a total cost not to exceed
$130,286 00, the same having been in fact the lowest bids received and
meets all specifications, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $130,286 00 from funds budgeted
in Account No 592-000-142-000 (Capital Outlay - Water and Sewer) for this
purpose, FURTHER, the Council does hereby authorize the disposal of the
replaced vehicle at public auction after receipt of the new vehicle
#69-15 RESOLVED, that having considered a communication from
the Superintendent of Public Service -Environment & Utilities and the
Director of Public Works, dated February 23, 2015, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby authorize the purchase of one (1) Single
Axle Dump Truck through the Rochester Hills Co-op Award Agreement, as
a replacement vehicle in the Public Service Division's fleet, from Wolverine
Freightliner, 107 S Groesbeck, Mt. Clemens, Michigan 48043, in the total
amount of $87,978 00, and the outfitting of said vehicle by Truck and Trailer
Specialties, 6726 Hanna Lake, Dutton, Michigan 49316, at a cost of
$87,804 00, for a total cost not to exceed $175,782 00, the same having
been in fact the lowest bids received and meets all specifications,
FURTHER, the Council does hereby authorize an expenditure in an amount
not to exceed $175,782 00 from funds budgeted in Account No 401-000-
985-010 (Capital Outlay — Roads Maintenance Section) for this purpose,
FURTHER, the Council does hereby authorize the disposal of the replaced
vehicle at public auction after receipt of the new vehicle
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#70-15 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 20, 2015, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and approved for submission by the Mayor, to which is
attached a summary outlining the final allocation of costs in connection with
the 2014 Sidewalk Program pursuant to Council Resolution 151-14, the
Council does hereby determine as follows
1 To establish a final project cost at $533,630 02 (this includes the 10%
Engineering Division's administrative fee) of which $185,884 99 is to
be charged to Single Lot Assessments and a total of $346,941 93
which is to be charged to the following City funds $313,025 53 to the
Road, Sidewalk and Tree Fund (Account No 204-441-818-104),
$14,84910 to the Michigan Transportation Fund (Local Road
Account), $19,067 30 to the Water and Sewer Fund, $700 60 to
Consumers Energy for a damaged walk and $102 50 to AT&T for a
damaged walk, both of which were billed and paid for by the
respective companies
2 To authorize an additional appropriation and expenditure of
$38,654 00 from the Road, Sidewalk and Tree Fund, Account No
204-441-818-104 to cover additional slab replacements related to
repairs of sidewalks heaved by tree roots and for the miscellaneous
sidewalk work done for Consumers and AT&T
3 To authorize a final payment not -to -exceed $4,756 36 to Joe
Rotondo Construction Corporation, 38807 Ann Arbor Road, Suite 2,
Livonia, Michigan 48150, upon the final release by the Engineering
Division for work related to Contract 14-G
(CR#78-14 and CR#151-14)
#71-15 RESOLVED, that having considered a communication from
the City Engineer, dated February 19, 2015, approved by the Director of
Public Works and approved for submission by the Mayor, to which is
attached various lists of sidewalks requiring installation or replacement
within miscellaneous locations throughout the City of Livonia, said list being
included herein by reference, in connection with the 2015 Sidewalk Repair
Program and for reasons stated therein, the Council does hereby require
the respective owners of lots and premises referred to in said list to install
or to remove and replace sidewalk at such premises, and the City Clerk is
hereby requested to do all things necessary to carry out the provisions of
this resolution which is made pursuant to Section 12 04 340 of the Livonia
Code of Ordinances, as amended, FURTHER, said notice shall set forth
that the respective owners of lots and premises herein referred to shall
complete said sidewalk work no later than July 1, 2015, after which date the
Engineering Division shall arrange for the construction and/or
reconstruction of the said sidewalks, FURTHER, the Council does hereby
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Regular Meeting Minutes of March 16, 2015
authorize the construction and/or reconstruction of various sections of
sidewalks and crosswalks at several locations within the City inasmuch as
the same are the City's responsibility (CR# 784-82)
#72-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 17, 2015, which transmits
its resolution #02-06-2015, adopted on February 10, 2015, with regard to
Petition 2015-01-02-04, submitted by Wade Shows, Inc. to conduct a
carnival in the parking lot of Sears, sponsored by the Livonia AM Rotary
Club, consisting of amusement rides, games and food concessions from
April 29, 2015 through May 10, 2015, inclusive, on property located on the
northwest corner of Seven Mile Road and Middlebelt Road (29500 Seven
Mile Road) in the Southeast % of Section 2, the Council does hereby concur
in the recommendation made by the City Planning Commission and Petition
2015-01-02-04 is hereby approved and granted, subject to the following
conditions
That the carnival shall be limited to the dates as specified by Wade
Shows, Inc, which are April 29, 2015 through May 10, 2015,
inclusive,
2 That the proposed carnival operation shall be confined to the area as
illustrated on the plans received by the Planning Commission on
January 14, 2015,
3 That all rides, food concessions, booths and all other equipment and
apparatus relating to the operation of the carnival shall be located at
least 60 feet distant from the Seven Mile and Middlebelt Roads right-
of-way lines,
4 That the temporary housing and storage of other trucks and
equipment associated with the carnival shall be parked or stored
within the extreme southwestern portion of the Sears parking lot, but
no closer than 60 feet from the Seven Mile Road right-of-way line,
5 That the hours of operation shall be limited to the following Monday
through Friday from 4 00 p m to 11 00 p m , and on the weekends,
Saturday and Sunday, from 12 00 p m to 11 00 p m , and
6 That access to fire hydrants is provided for the Fire Department.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Meakin, Toy, Scheel, Nash, Kritzman, Pastor and Brosnan
NAYES None
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Regular Meeting Minutes of March 16, 2015
A communication from John C Hertel, General Manager of SMART, dated
February 18, 2015, regarding SMART Public Transit, was received and placed on
file for the information of the Council
An email communication from Allen Rush, dated February 23, 2015,
regarding valid public transportation, was received and placed on file for the
information of the Council
Email communications (2) from Jeff and Betsy Everett, 37738 Munger
Drive, dated March 14, 2105, regarding rejoining SMART Public Transit, were
received and placed on file for the information of the Council
On a motion by Pastor, supported by Scheel, it was
#73-15 RESOLVED, that having considered a communication from
Sue Longstreet, President, American Association of University Women,
Birmingham Branch, dated February 16, 2015, requesting consideration of the
necessity to opt back into the SMART bus system, the Council does hereby
determine to deny the request with respect to opting back into the SMART Bus
System and takes no further action with regard to this matter
Mayor Kirksey then took the floor and presented a Power Point presentation
on the history of Livonia and the SMART Transit System
President Brosnan thanked the Mayor for his presentation and opened the
floor for questions from the councilmembers
Toy thanked the Mayor for his time and explanation on the topic
The following individuals spoke in favor of opting back into the SMART
Transit System
Lynda Franklin, 14772 Melrose, Livonia,
Valerie Przynara, 15687 Surrey, Livonia,
Joan Smykowski, 9826 Cranston, Livonia,
Angela Ryan, 15512 Liverpool, Livonia,
Bruce Keezer, 18431 Pershing, Livonia,
Linda Tomala, 32106 W Chicago Street, Livonia,
Megan Owens, Hazel Park
George Covintree, 31000 Six Mile, Livonia,
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Regular Meeting Minutes of March 16, 2015
Denis Curran, 11726 Deering, Livonia,
Joel Batterman, Detroit,
Michael Seunagal, Highland Park.
Scheel asked if the Mayor could address where Livonia citizens could call
regarding questions on bus transportation currently in use and the Mayor advised
the Community Resources Department would be where they could address those
questions
Mayor Kirksey then added a footnote to the historical nature of the data
presented and stated that since the SMART issue has resurfaced in the
newspapers, that only ten phone calls were received from the 97,000 people who
live in Livonia, some in favor of opting in and some in favor of staying opted out.
Pastor then stated his reasons he supported no further action on this item
and spoke about the many facets that went into his decision
Kritzman indicated he would need to see more improvements to the system
before he could support opting in
President Brosnan passed the gavel to Vice President Meakin at 7 58 p m
Brosnan pointed out that the agenda item included the word "consider"
which had great importance to her and to discussion on the item She expounded
on her comment indicating the February 18, 2015 letter from John C Hertel,
General Manager of SMART, should play a strong role in the decision to consider
as it indicates an invitation to sit down and talk about what Livonia needed from
SMART to make it a win/win proposition She then stated she would not be voting
in favor of no further action as it is closing the door on the discussion
Toy suggested sending this item to Committee to study not only SMART but
all areas of mass transit in looking towards the future
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Regular Meeting Minutes of March 16, 2015
Following discussion by Council, a roll call vote was taken on the motion made by
Pastor, seconded by Scheel, with the following result:
AYES Toy, Scheel, Nash, Kritzman, Pastor, Meakin
NAYS Brosnan
Vice President Meakin declared the resolution adopted
Vice President Meakin returned the gavel to President Brosnan at 8 05 p m
On a motion by Toy, seconded by Kritzman, and unanimously adopted, it
#74-15 RESOLVED, that the Council does hereby refer the subject
matter of mass transit to the Infrastructure and Community Transit
Committee for its report and recommendation
Kritzman stepped down from the podium at 8 08 p m
On a motion by Toy, seconded by Meakin, it was
#75-15 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 20, 2015, approved
by the Director of Public Works, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute a contract between the City of Livonia and McKenna
Associates, 235 E Main Street, Suite 105, Northville, MI 48167, to provide
services for the development of a Non -Motorized Master Plan to be
completed within six months in an amount not to exceed $30,000 00,
FURTHER, the Council does hereby authorize an expenditure in an amount
not to exceed $30,000 00 from funds budgeted in the Unexpended Fund
Balance of the Major Road Fund (202) for this purpose, and the City
Engineer is hereby authorized to approve minor adjustments in the work, as
it becomes necessary
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Toy, Scheel, Nash, Pastor, and Brosnan
NAYS None
The President declared the resolution adopted
Katzman returned to the podium at 8 09 p m
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Regular Meeting Minutes of March 16, 2015
A petition opposing the waiver request submitted to the Planning
Commission as additional information regarding Tomato Massage received by the
Office of the City Clerk on February 26, 2015, was received and placed on file for
the information of the Council (Petition 2015-01-02-01)
A map of Massage Establishments located in the City of Livonia supplied
by the Planning Department dated March 6, 2015, was received and placed on file
for the information of the Council
On a motion by Toy, seconded by Meakin, it was
#76-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 12, 2015, which transmits
its resolution #02-03-2015, adopted on February 10, 2015, with regard to
Petition 2015-01-02-01, submitted by Imad Potres, to operate a massage
establishment (Tomato Massage) within the New Five Village Shopping
Center, located on the south side of Five Mile Road between Newburgh
Road and Blue Skies Avenue (37575 Five Mile Road) in the Northeast % of
Section 19, the Council does hereby reject the recommendation of the
Planning Commission and Petition 2015-01-02-01 is hereby denied for the
following reasons
1 That the petitioner has failed to affirmatively show that the proposed
use is in compliance with all of the special and general waiver use
standards and requirements as set forth in Sections 11 03 and 19 06
of the Zoning Ordinance #543,
2 The proposed massage therapy business is within four hundred feet
(400') of the St. Edith Catholic Church and therefore does not comply
with the special waiver use requirement specified in Section
10 03(m)(3),
3 That the petitioner has not adequately established that there is a
need for the proposed use in the shopping center;
4 That the petitioner has not sufficiently demonstrated that the
proposed use would be compatible to and in harmony with the
surrounding uses in the area, and
5 That the proposed use is contrary to the goals and objectives of the
Zoning Ordinance which, among other things, are intended to insure
suitability and appropriateness of uses
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Imad Potres, Futuristic Designs, was present to answer any questions of Council
Following discussion by Council, a roll call vote was taken on the foregoing
resolution with the following result.
AYES Meakin, Toy, Scheel, Nash, and Brosnan
NAYS Kritzman, Pastor
The President declared the resolution adopted
Pastor stepped down from the podium at 8 17 p m
On a motion by Toy, seconded by Scheel, it was
#77-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 17, 2015, which transmits
its resolution #02-04-2015, adopted on February 10, 2015, with regard to
Petition 2015-01-02-02, submitted by TSFR Pizza, L.L.0 to operate a full
service restaurant (MOD Pizza) located on the west side of Middlebelt Road
between the CSX Railroad right-of-way and Schoolcraft Road (13229
Middlebelt Road) in the Northeast'/4 of Section 26, the Council does hereby
concur in the recommendation made by the City Planning Commission and
Petition 2015-01-02-02 is hereby approved and granted, subject to the
following conditions
That the Dimension & Paving Plan marked C-4 prepared by
Professional Engineering Associates, as received by the Planning
Commission on January 23, 2015, is hereby approved and shall be
adhered to,
2 That the maximum number of customer seats shall not exceed a
total of seventy (70) seats,
3 That an enclosed dumpster area shall be located within a practical
walking distance from the restaurant and the distance and location
shall be approved by the Inspection Department;
4 That this restaurant shall provide disposal of grease waste in
accordance with Section 13 20 380 of the City Code of Ordinances,
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 the
site including, but not limited to, the building or around the windows,
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7 That pavement markings or other safety precautions, such as signs
and/or motion -activated lighting, be provided across the drive aisle
and drive -up lane leading to the entrance on the north and west
sides of the building for pedestrian safety purposes, and
8 That the color of the proposed awnings shall be consistent with the
color rendering received by the Planning Commission on February
9, 2015, and any changes shall be separately submitted for review
and approval by the Planning Department.
Ryan Jones, 17800 Laurel Park Drive, representative from Schostak, was present to
answer any questions of Council
Following discussion by Council, a roll call vote was taken on the foregoing
resolution with the following result:
AYES Meakin, Toy, Scheel, Nash, Kritzman and Brosnan
NAYS None
The President declared the resolution adopted
On a motion by Meakin, seconded by Toy, it was
#78-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 17, 2015, which
transmits its resolution #02-05-2015, adopted on February 10, 2015, with
regard to Petition 2015-01-02-03, submitted by TSFR Pizza, L L.0 to
utilize a Tavern license (sale of beer and wine for consumption on the
premises) in connection with a full service restaurant (MOD Pizza)
located on the west side of Middlebelt Road between the CSX Railroad
right-of-way and Schoolcraft Road (13229 Middlebelt Road) in the
Northeast Y4 of Section 26, the Council does hereby concur in
the recommendation made by the City Planning Commission and
Petition 2015-01-02-03 is hereby approved and granted, subject to the
following conditions
1 That the use of a Tavern license at this location shall be permitted
only under the circumstances that the standard set forth in Section
11 03(h) of the Zoning Ordinance, which specifies any such use shall
not be located within 1,000 feet of any other such licensed
establishment, is waived by the City Council,
2 That the subject site has the capacity to accommodate the proposed
Tavern license,
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3 That the proposed use of a Tavern license is compatible to and in
harmony with the surrounding uses in the area, and
4 That the proposed Tavern licensed establishment would be utilized
primarily as a restaurant.
A roll call vote was taken on the foregoing resolution with the following result.-
AYES
esult:
AYES Meakin, Toy, Scheel, Nash, Kritzman, and Brosnan
NAYS None
On a motion by Meakin, seconded by Toy, it was
#79-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 17, 2015, which transmits
its resolution #02-05-2015, adopted on February 10, 2015, with regard to
Petition 2015-01-02-03, submitted by TSFR Pizza, L.L C to utilize a Tavern
license (sale of beer and wine for consumption on the premises) in
connection with a full service restaurant (MOD Pizza) located on the west
side of Middlebelt Road between the CSX Railroad right-of-way and
Schoolcraft Road (13229 Middlebelt Road) in the Northeast '/4 of Section
26, the Council does hereby waive the 1,000 foot separation requirement
as set forth in section 11 03(h) of Zoning Ordinance 543
A roll call vote was taken on the foregoing resolution with the following result.-
AYES
esult:
AYES Meakin, Toy, Scheel, Nash, Katzman, and Brosnan
NAYS None
The President declared the resolution adopted
Pastor returned to the podium at 8 21 p m
On a motion by Pastor, seconded by Meakin, it was
#80-15 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of approximately 1 58 acres lying in the
Northeast'/4 of Section 3, more particularly described in Exhibit A, attached
hereto and incorporated by reference herein, which area is hereinafter
referred to as "City of Livonia Industrial Development District No 116", and
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WHEREAS, written notice has been given by certified mail to McLaren
Performance Technologies, Inc of the Council's pending action on this
resolution and of its right to a hearing on the establishment of proposed City
of Livonia Industrial Development District No 116, and
WHEREAS, notice has been given to all interested owners, residents and
taxpayers in the Livonia area of a public hearing on the establishment of the
proposed City of Livonia Industrial Development District No 116, and
WHEREAS, on February 25, 2015, a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
No 116, at which time McLaren Performance Technologies, Inc and other
taxpayers and residents of the City of Livonia had an opportunity to be heard
(a copy of the statements both written and oral made at such hearing being
on file with this City Council), and a representative of McLaren Performance
Technologies, Inc. attended said hearing and acknowledged receipt of
notice of such hearing on behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached hereto
2 Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 116 "
EXHIBIT A
Legal Description of Proposed Industrial Development District
Property Address 20421 Parker, Livonia, MI 48152
Legal Information for 009 99 0084 000
03A61C THE S 100 FT OF THE N 460 FT OF THE E'/2 OF THE E 12 OF
THE N W % OF THE N W Y4 OF THE N E % OF SEC 3 EXCEPT THE E 30
FT THEREOF 0 31 AC
Property Address 20446 Hubbard, Livonia, MI 48152
Legal Information for 009 99 0090 000
03A64A2A PT OF NE % SEC 3 T1 S R9E BEG DUE S 360 FT AND N 89D
48M 02SEC E 30 FT FROM N '/4 COR SEC 3 TH N 89 1) 48M 02SEC 135
FT TH S OD OOM 30SEC E 110 52 FT TH S 89D 48M 36SEC W 135 02 FT
TH DUE 11050 FT POB 034 AC
was
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Regular Meeting Minutes of March 16, 2015
Property Address 32367 Eight Mile, Livonia, MI 48152
Legal Information for 009 99 0089 000
03A64A1 THEW Y2OFTHEWY2OFTHENWY4OFTHE NW%OF THE
N E OF SEC 3 EXC THE N 60 0 FT THEREOF ALSO EXCEPT THE W 30
FT THEREOF ALSO EXCEPT THE S 300 FT THEREOF 0 93 ACRE
Dan Steele, 11037 Ingram, an attorney, stated he was contacted by Mike Horton
who lives next door to the project. He voiced his concerns about the
commencement of construction on the project prior to the development of the
district and also that Parcel 2 would not qualify because of zoning
Following discussion by Council, a roll call vote was taken on the motion by Pastor,
seconded by Meakin, with the following result:
AYES Meakin, Toy, Scheel, Nash, Katzman, and Pastor
NAYS Brosnan
The President declared the resolution adopted
On a motion by Meakin, seconded by Pastor, and unanimously adopted, it
#81-15 WHEREAS, the City Clerk has notified in writing the Assessor
of the City of Livonia as well as the legislative body of each taxing unit which
levies ad valorem property taxes in the local governmental unit in which the
proposed facility is to be located, i e , the City of Livonia, and advised each
of them that the said Application has been received, and
WHEREAS, the City Council has afforded IPS Assembly, the Assessor, and
a representative of each of the affected taxing units an opportunity for a
hearing on this Application and said hearing having in fact been conducted
at 7 00 p m , Wednesday, February 25, 2015, at the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan
WHEREAS, the aggregate SEV of real and personal property exempt from
ad valorem taxes within the City of Livonia, after granting this certificate, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus
the SEV of personal and real property thus exempted, and
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Regular Meeting Minutes of March 16, 2015
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
That the City Council, on the basis of the information received from
the applicant, IPS Assembly finds and determines (a) that the
granting of this industrial facilities exemption certificate shall not have
the effect of substantially impeding the operation of the local
governmental unit or impairing the financial soundness of any taxing
unit which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located, and (b) the
applicant has fully complied with the requirements of Section 9, Act
No 198, P.A. 1974, as amended
2 That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from IPS Assembly for building
improvements, machinery and equipment at their facility located at
12077 Merriman Road, Livonia, MI 48150 - Industrial Development
Overlay District #109 - for 12 years
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a letter of agreement between the
applicant and the City is required in order to clarify the understanding
and the commitment between the applicant and the City upon
approval of an Industrial Facilities Exemption Certificate, the Council
hereby authorizes the Mayor and City Clerk to sign such Letter of
Agreement (as amended) as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process applications for Industrial Facilities Exemption
Certificates
Pravin Sutanya, Vice President of IPS Assembly, was present to answer any
questions of Council and thanked Council for their time
There was no Audience Communication at the end of the meeting
On a motion by Toy, supported by Meakin, and unanimously adopted, this
1,773rd Regular Meeting of the Council of the City of Livonia was adjourned at
828pm
9
Susan A. Hoff, City CI rk