HomeMy WebLinkAboutCOUNCIL MINUTES 2015-11-04 39562
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND EIGHTY EIGHTH
REGULAR MEETING OF NOVEMBER 4, 2015
On November 4 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 Councilperson Kritzman led the meeting in the Pledge
Roll was called with the following result Brandon Kritzman John
Pastor, Brian Meakin, Laura Toy, Lynda Scheel, Susan Nash and Maureen Miller
Brosnan Absent None
Elected and appointed officials present Mark Taormina Director of
Economic Development and Planning Todd Zilincik Director of Engineering Don
Knapp City Attorney- Susan A Hoff City Clerk Judy Priebe Director of Legislative
Affairs Council Elect Cathy White Council Elect Kathleen McIntyre and Mayor
Jack Kirksey
On a motion by Toy, supported by Scheel, and unanimously adopted, it was
#331 15 RESOLVED that the Minutes of the 1 787th Regular
Meeting of the Council held October 19 2015 are hereby approved as
noted with the correction pertaining to CR #323 15
Council Resolution #323 15 is corrected to read as follows
CR #323 15 RESOLVED that having considered the report and
recommendation of the Director of Public Works and the City Engineer
dated September 16 2015 submitted pursuant to Council Resolution #184
15 adopted on June 15 2015 which bears the signature of the Director of
Finance and is approved for submission by the Mayor with regard to the
development of a DPW Master Plan including the design and specifications
of the proposed Water and Sewer Building, the Council does hereby accept
the bid of Sidock Architects 45650 Grand River Avenue, Novi, Michigan
48374 to provide services for the development of a DPW Master Plan only
and rejects that portion of the bid which relates to the design and
specifications of the proposed Water and Sewer Building based on the RFP
response submitted by Sidock Architects on August 18 2015 FURTHER
the Council does hereby authorize an expenditure in an amount not to
exceed $32 950.00 from the Unexpended Fund Balance of the Water &
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Regular Meeting Minutes of November 4 2015
Sewer Fund for this purpose, and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia to execute a contract
approved as to form and substance by the Department of Law with the
aforesaid bidder and to do all other things necessary or incidental to the full
performance of this resolution and the Director of Public Works is hereby
authorized to approve minor adjustments in the work as it becomes
necessary (CR 184 15)
On a motion by Scheel supported by Nash and unanimously adopted it
was
#332 15 RESOLVED that the Minutes of the 251st Special Meeting of
the Council held October 26 2015 are hereby approved as submitted
City Clerk Hoff personally thanked her staff for their hard work on the
election and commented on how smoothly it ran She also thanked all of the poll
workers counting board workers and the many city employees who took the day
off to assist with the election
Pastor congratulated the winners of the General Election and thanked all
of the candidates for running clean campaigns and promoting a positive image of
Livonia in the process
Toy echoed Pastor's sentiments on the election and then went on to
acknowledge Sue Rosiek and Karen Smith who are both retiring from the
Observer and thanked them for the outstanding job they did in their career at the
paper
President Brosnan announced there is new data on Items #12 15 17 and
18
She then announced there will be one (1) Public Hearing to be held on
Monday, November 23, 2015 at 7 00 p.m in the Auditorium of the Livonia City Hall
33000 Civic Center Drive Livonia Michigan
PETITION 2015-09-01 08 submitted by Ashley Capital L L C to rezone
part of the property located on the south side of Schoolcraft Road between
Inkster and Middlebelt Roads (28101 Schoolcraft Road) in the Northwest
1/4 of Section 25 from M 2 (General Manufacturing) to C-4 I (High Rise
Commercial — maximum 6 Stories)
During Audience Communication Mayor Kirksey stated there were almost
17,000 voters who participated in the General Election and thanked Clerk Hoff and
her staff for the excellent job done He also commented and thanked the many
supporters of the candidates who worked the polls and congratulated all of the
winners and wished them luck in their newly elected positions
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Regular Meeting Minutes of November 4 2015
Christopher Martin 11327 Hubbard, again raised the issue of the street
lights on Plymouth Road between Newburgh and Inkster Road stating there are
approximately sixty of them that are still out
Zilincik stated that his crews were out to inspect the street lights on October
9th and 12th and that the list has been provided to their contractor MAS who will
be out in the coming week to replace them He also cited the transition to LED
lights as being a cause for some delay in the process
On a motion by Toy supported by Scheel it was
#333 15 RESOLVED, that having considered the report and
recommendation of the Human Resources Director dated October 6 2015
approved for submission by the Mayor and which transmits Resolution #15
146 adopted by the Civil Service Commission on September 16 2015
wherein the Commission recommends an amendment to the Classification
of Positions Plan to re title the classification of City Librarian to Library
Director to be consistent with other area libraries and with no change in
compensation or benefits the Council does hereby concur in and approve
of the aforesaid action and refers this matter to the Department of Law to
prepare an appropriate ordinance amendment to reference the new title
per resolution #15 146 the same to be thereafter submitted to Council for
its consideration
#334-15 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation dated S e p t e m b e r 16
2 01 5 which bears the signature of the City Attorney and the Director
of Finance is approved for submission by the Mayor to which is
attached an Intergovernmental Agreement between the County of
Wayne and the City of Livonia for improvements to the Clement
Circle Pool Phase One utilizing grant funds not to exceed
$13 000 00 the Council does hereby approve the proposed
intergovernmental agreement between the County of Wayne and
the City of Livonia and the Mayor and City Clerk are hereby authorized
for and on behalf of the City of Livonia, to execute the Intergovernmental
Agreement in the manner and form herein submitted FURTHER the
Council does hereby for and on behalf of the City of Livonia accept
the Wayne County Parks Millage funded grant in the amount of
$13,000 00 to be used for improvements to the Clement Circle Pool —
Phase One
#335 15 RESOLVED that having considered the report and
recommendation of the Director of Public Works dated October 12 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 two (2) 2016 Ford Transit 350 Cargo Vans at a cost of $32,269.00 for
one (1) Transit Cargo Van and $33 427 00 for one (1) Transit Cargo Van
EL from Signature Ford 1960 E Main Street Owosso Michigan 48867
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Regular Meeting Minutes of November 4 2015
for a total cost of$65,696.00 and the outfitting of said vehicles by Cannon
Truck Equipment 51761 Danview Technology Ct. Shelby Township,
Michigan 48315 at a cost of $32,538.00 for a total amount not to exceed
$98,234 00 as replacement vehicles for the Water Maintenance Section of
the Department of Public Works the same to be expended from funds
already budgeted for this purpose in the Capital Outlay Budget for the Water
and Sewer Account No 592-000 142 000 FURTHER the Council does
hereby determine to authorize purchasing the said vehicles without
competitive bidding inasmuch as the same is based upon the low State of
Michigan bid price under Contract No 07161300009 for the new vehicle
purchases and the low State of Michigan MI Deal bid price under Contract
No 07162200263 for the outfitting of said vehicles 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 replaced vehicles at public auction
hosted by the Michigan Inter-governmental Trade Network (MITN) or
commercial auction after receipt of the new vehicles
#336 15 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated October 12 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 four (4) 2016 Ford F250 Super Cab 4X4 Pick up Trucks with plow safety
lighting, spray in bed liners under hood air compressor and bi-fuel
conversion at a cost of $27 799 00 each for three (3) F250 Trucks w/ 8ft
bed and $27 621 00 for one (1) F250 Truck w/ 6.5 ft bed, from Signature
Ford 1960 E Main Street Owosso, Michigan 48867 for a total cost of
$111 018.00 and the outfitting of said vehicles by Cannon Truck
Equipment, 51761 Danview Technology Ct. Shelby Township Michigan
48315 at a cost of $60 926 00 and the bi fuel conversion of said vehicles
by Icom North America LLC 54790 Grand River Avenue, New Hudson
Michigan 48165 at a cost of $25,120.00, for a total amount not to exceed
$197 064.00, as replacement vehicles for the Roads and Park Maintenance
sections of the Department of Public Works the same to be expended from
funds already budgeted for this purpose in the Capital Projects Fund (401)
BUDGET Account No 401 000 985 010, 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 07181300009 for the new vehicle purchases and
the low State of Michigan MI Deal bid price under Contract No
071B2200263 for the outfitting of said vehicles and ICOM North America
being the sole source provider for Bi Fuel conversion of said vehicles for
the State of Michigan and no advantage to the City would result from
competitive bidding and such action is taken in accordance with the
provisions set forth in Section 3.04 140 D 3 and D.4 of the Livonia Code of
Ordinances as amended FURTHER the Council does hereby authorize
the disposal of the replaced vehicles at public auction hosted by the
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Regular Meeting Minutes of November 4 2015
Michigan Inter-governmental Trade Network (MITN) or commercial auction
after receipt of the new vehicles
#337 15 RESOLVED that having considered the report and
recommendation of the Director of Public Works, dated October 12 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 two (2) 2015 Freightliner Utilimaster Water Service Trucks, at a cost of
$151 825 00 each from Cannon Equipment, 51761 Danview Technology
Ct. Shelby Township Michigan 48315, for a total cost not to exceed
$303,650 00, as replacement vehicles for the Water Maintenance Section
of the Department of Public Works the same to be expended from funds
already budgeted for this purpose in the Capital Outlay Budget for the Water
Maintenance Section Account No 592 142 000, 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 071B2200263 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 replaced vehicles at public auction
hosted by the Michigan Inter-governmental Trade Network (MITN) or
commercial auction after receipt of the new vehicles
#338 15 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated October 12 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 two (2) 2016 Ford F250 Super Cab 4X4 Pick up Trucks with plow safety
lighting spray in bed liners, under hood air compressor and bi fuel
conversion, at a cost of $27 674 00 each from Signature Ford 1960 E
Main Street Owosso Michigan 48867 for a total cost of $55 348 00, and
the outfitting of said vehicles by Cannon Truck Equipment, 51761 Danview
Technology Ct Shelby Township, Michigan 48315, at a cost of$40 380.00
and the bi fuel conversion of said vehicles by Icom North America LLC
54790 Grand River Avenue New Hudson Michigan 48165 at a cost of
$12,560 00 for a total amount not to exceed $108,288.00 as replacement
vehicles for the Water Maintenance Section of the Department of Public
Works the same to be expended from funds already budgeted for this
purpose in the Capital Outlay Budget for the Water and Sewer Account No
592 000 142 000 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
071B1300009 for the new vehicle purchases, and the low State of Michigan
MI Deal bid price under Contract No 071B2200263 for the outfitting of said
vehicles and ICOM North America being the sole source provider for Bi
Fuel conversion of said vehicles for the State of Michigan and no advantage
to the City would result from competitive bidding, and such action is taken
in accordance with the provisions set forth in Section 3.04 140 D 3 and D 4
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Regular Meeting Minutes of November 4, 2015
of the Livonia Code of Ordinances as amended FURTHER the Council
does hereby authorize the disposal of the replaced vehicles at public
auction hosted by the Michigan Inter governmental Trade Network (MITN)
or commercial auction after receipt of the new vehicles
#339 15 RESOLVED that Cade Meadows LLC, 15067 Northville
Road Plymouth Michigan 48170, as proprietor, having requested the City
Council to approve the Cade Meadows Site Condominiums located at
36905 Ann Arbor Trail on the south side of Ann Arbor Trail between
Newburgh Road and Dowling Avenue in the Northwest 1/4 of Section 32 of
the City of Livonia (hereafter the "Condominium"), and it further appearing
that approval of the Master Deed, bylaws and site plan for the Condominium
was given by the City Council pursuant to Council Resolution 166 06
adopted on April 12 2006 and it further appearing that such site plan
together with Development Plans and specifications for improvements have
been examined and approved by the Department of Public Works as set
forth in the report of that Department, dated October 8 2015 Therefore the
City Council does hereby determine as follows
(1) All of the public improvements utilities and grading shall be
constructed installed and accomplished in conformity with the
provisions of the ordinances of the City of Livonia including Sections
18 62 and 18.63 of Ordinance No 543 as amended and the
provisions referenced therein and the regulations and specifications
of the Department of Public Works and the Development Plans
submitted by the proprietor and approved by such Department all
such improvements to be constructed installed accomplished and
completed within a period of two (2) years from the effective date of
this resolution failing this the approval granted by the City shall be
considered null void and of no effect whatsoever,
(2) That all inspection fees and other charges due to the City of Livonia
shall be fully paid at the time and in the manner provided in the said
ordinance provisions
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Department of Public Works and such improvements shall not be
considered as having been satisfactorily and completely installed
until there is filed with the City Council the certificate as provided in
such ordinance provisions
(4) That the proprietor shall enter into an agreement with the City of
Livonia agreeing to construct within the prescribed period of time
and in the prescribed manner, all improvements required to the
extent required by the City of Livonia and as shown on the approved
Development Plans
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Regular Meeting Minutes of November 4 2015
(5) That as a condition of obtaining necessary engineering permits prior
to commencing the required improvements the proprietor shall file
with the City of Livonia a corporate surety bond certified check cash
bond irrevocable letter of credit or other financial assurance in such
form as may be approved by the Department of Law guaranteeing
the satisfactory installation of all such improvements, utilities and
grading by the proprietor within the prescribed period in the following
amounts
(a) General Improvement Bond $131,034 75, of which at least
13 103.00 shall be in cash
(b) Sidewalk Bond $17 282 00 of which at least
$ 3,500.00 shall be in cash
(c) Grade & Soil Erosion Control $ 1 800 00 (all cash)
(d) Landscaping/Entrance Markers $ 3,500.00 (all cash)
(e) Monuments and Markers Bond $ 700 00 (all cash)
and require cash payments in the total amount of$22,603.00
(6) That all required cash deposits and certified checks which shall be
established by the City Engineer pursuant to Article XVIII of
Ordinance 543 Section 18.66 of the Ordinance shall be deposited
with the City prior to the issuance of engineering permits for this
condominium development and
(7) That the distribution lines for telephones and electric service are to
be placed underground and ornamental street lights are to be
provided throughout the Condominium in accordance with City
ordinances
#340 15 RESOLVED that having considered the report and
recommendation of the City Engineer, dated October 9, 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 regarding a
request to approve a Change Order to the 2015 Asphalt Road Program
(Contract 15 A) for unforeseen work on Richland to provide additional
asphalt quantities to the existing road grade due to the flatness that
improved the crown of the road for proper positive drainage in connection
with the existing contract between the City of Livonia and Nagle Paving
Company previously authorized in Council Resolution No 108 15 adopted
r.. on April 20 2015 the Council does hereby approve a change order to
Contract 15-A with Nagle Paving Company 36780 Amrhein Livonia
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Regular Meeting Minutes of November 4 2015
Michigan 48150 in the amount of$52 500 00 FURTHER the Council does
hereby authorize an expenditure in an amount not to exceed $35 000.00
from Account No 204-463 818 110 (Reconstruction) $15,000 00 from
Account No 204-463 818 112 (Rehabilitation) and $2 500.00 from
Account No 204-463 818 114 (Maintenance) for this purpose, and the City
Engineer is hereby authorized to approve any minor adjustments in the work
as it becomes necessary
#341 15 RESOLVED, that having considered a communication from
the City Engineer, dated October 12 2015 approved for submission by the
Mayor the Council does hereby amend and revise Council Resolution 201
15 so as to retire Special Assessment District #230 and assign Special
Assessment District #429 for administrative purposes in connection with
Sherwood Forest Estates Subdivision LED Street Light Conversion Project,
to have the same read as follows
WHEREAS pursuant to due and proper notice published and mailed to all
property owners in Special Assessment District No 429 for the proposed
conversion of nine (9) high pressure sodium (HPS) cobra street lights
to LED in Sherwood Forest Estates Subdivision located north of Six
Mile Road and east of Wayne Road in the Southwest 1/4 of Section 9 in
the City Livonia Wayne County Michigan as required by the provisions of
the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordnances,
as amended a public hearing thereafter having been held thereon on
Monday June 22 2015 at the City Hall 33000 Civic Center Drive Livonia
Michigan and the City Council having duly met and reviewed the special
assessments levied on the special assessment roll as prepared by the City
Assessor to cover the district portion of the cost of the LED street light
conversion project in Special Assessment District No 429 and
WHEREAS the City Council has heard and carefully considered all
objections made to said assessments
NOW THEREFORE BE IT RESOLVED that the City Council does hereby
determine to convert nine (9) high pressure sodium (HPS) cobra street
lights to LED in Sherwood Forest Estates Subdivision located north of Six
Mile Road, and east of Wayne Road, in the Southwest 1/4 of Section 9, and
that the assessments set forth in said Special Assessment District No. 429
Roll are fair and equitable and based upon benefits derived in said district
in accordance with the plans of the City Engineer and resolutions of the City
Council said Special Assessment Roll No 429 based on the conversion of
nine (9) high pressure sodium (HPS) cobra street lights to LED in Sherwood
Forest Estates Subdivision is hereby approved and confirmed in all
respects pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances as amended the City Clerk shall endorse the date of
confirmation on the Assessment Roll and the Assessment Roll shall then
be immediately transmitted to the City Treasurer who shall take such further
action as set forth in Title 3 Chapter 8 of the Livonia Code of Ordinances,
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Regular Meeting Minutes of November 4 2015
as amended and the City Clerk is hereby authorized to execute a Municipal
Street Lighting Agreement as provided by Detroit Edison for this purpose
and further a sum not to exceed $5,078.00 is hereby authorized to be
expended from the cash payments posted by or collected from the
homeowners in Sherwood Forest Estates Subdivision in order to defray the
Detroit Edison contribution in aid costs connected with this street lighting
conversion project FURTHER the Council does hereby authorize an
advance expenditure in the amount of $5,078.00 from funds already
budgeted in Account No 890 981 926 230 (Street Lighting Sherwood
Forest Estates Subdivision) for this purpose and authorizes the Mayor and
City Clerk for and on behalf of the City of Livonia to do all other things
necessary or incidental to the full performance of this resolution (CR 106
15)
#342 15 RESOLVED that having considered a communication from
the City Planning Commission dated September 29 2015 which transmits
its resolution #09 65 2015 adopted on September 22 2015 with regard to
Petition 2015 09 08 14, submitted by Longe+Ennght Architecture, in
connection with a proposal to demolish an existing hotel and restaurant and
construct a new six-story hotel (Holiday Inn) located on the west side of
Laurel Park Drive between Six Mile Road and University Drive (17123
Laurel Park Drive) in the Southeast 1/4 of Section 7, the Council does hereby
concur in the recommendation of the Planning Commission and Petition
2015-09 08 14 is hereby approved and granted subject to the following
conditions
1 That the Site Plan marked Drawing Number C 3.0 dated August 25,
2015 prepared by Professional Engineering Associates is hereby
approved and shall be adhered to
2 That all parking spaces shall be doubled striped at ten feet (10') wide
by twenty feet (20') in length
3 That the Landscape Plan marked Drawing Number L 1 0 dated
August 25 2015 prepared by Professional Engineering Associates
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 Building Elevation Plans marked Sheets A-201 A 201 a A
201b and A 202, all dated August 25 2015 prepared by
Longe+Enright AIA Architecture Interiors, are hereby approved and
shall be adhered to
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Regular Meeting Minutes of November 4, 2015
7 That all rooftop mechanical equipment visible to the public shall be
concealed on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building
8 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
9 That the issue as outlined in the correspondence dated September
16 2015 from the Fire Marshal requesting that a fire hydrant be
located 50 100 feet from the Fire Department Connection shall be
resolved to the satisfaction of the Fire Department and/or Inspection
Department
10 That only conforming signage is approved with this petition and any
additional signage shall be separately submitted for review and
approval by the Zoning Board of Appeals
11 That 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
12 Pursuant to Section 1910 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
#343 15 RESOLVED, that having considered a communication from
the Director of Public Works dated October 13 2015 which bears the
signature of the Director of Finance and is approved for submission by the
Mayor the Council does hereby accept the bid of Etna Supply Company,
529 32nd Street S E Grand Rapids, Michigan 49548, for supplying the
Public Service Division (Water Maintenance Section) with two thousand
(2 000) Water Meter End Points at a cost of $250 000 00 one (1) Flexnet
Base Station at a cost of $75 000 00 and the Logic Annual Hosting Fee in
the amount of $14,496.00 to allow the City to receive all the water meter
reads remotely for a total amount not to exceed $339,496.00, the same to
be expended from funds in the Unexpended Fund Balance of the Water and
Sewer Fund FURTHER the Council does hereby determine to authorize
the said purchase without competitive bidding inasmuch as Etna Supply
Company is the sole supplier of Sensus Meters for the State of Michigan
and no advantage to the City would result from competitive bidding, and
such action is taken in accordance with the provisions set forth in Section
3.04 140.D 3 of the Livonia Code of Ordinances as amended
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A roll call vote was taken on the foregoing resolutions with the following result
AYES Kritzman Pastor Meakin Toy Scheel Nash and Brosnan
NAYS None
Toy reported out on the Legislative Affairs Committee Meeting of October 13 2015
where the subject of LED message center signs for area churches had been
studied
A map of Churches and other Major Places of Worship prepared by the
Planning Department and received in the Office of the City Clerk on October 30
2015 was received and placed on file for the information of the Council
A communication from the Department of Law dated September 10 2015
re questions from Regular Meeting of August 17, 2015, was received and placed
on file for the information of the Council
An email communication from Will Rein, dated October 12, 2015, re
support to change the sign ordinance to allow churches to have electronic
messaging signs was received and place don file for the information of the Council
An email communication from Caryn Schmitt dated October 6 2015 re
support to change the sign ordinance to allow churches to have electronic
messaging signs, was received and placed on file for the information of the
Council
An email communication from Jack Pelon, dated September 30, 2015, re
support to change the sign ordinance to allow churches to have electronic
messaging signs was received and placed on file for the information of the
Council
A communication from Joanne Guibord dated September 30 2015 re
support to change the sign ordinance to allow churches to have electronic
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Regular Meeting Minutes of November 4 2015
messaging signs was received and placed on file for the information of the
Council
An email communication from Grant Lee dated September 30 2015 re
support to change the sign ordinance to allow churches to have electronic
messaging was received and placed on file for the information of the Council
An email communication from Shannon Yee, dated September 30, 2015
re support to change the sign ordinance to allow churches to have electronic
messaging signs was received and placed on file for the information of the
Council
An email communication from Pastor Scott Sessler Emmanuel Lutheran
Church dated September 30 2015 re support to change the sign ordinance to
allow churches to have electronic messaging signs was received and placed on
file for the information of the Council
An email communication from Edward Beamish dated September 18
2015, re support to change the sign ordinance to allow churches to have
electronic messaging signs was received and placed on file for the information of
the Council
An email communication from Julie Beamish dated September 18 2015
re support to change the sign ordinance to allow churches to have electronic
messaging signs was received and placed on file for the information of the
Council
On a motion by Toy supported by Pastor and unanimously adopted it was
#344 15 RESOLVED that having considered the report and
recommendation of the Legislative Affairs Committee dated October 13
2015 submitted pursuant to Council Resolution 25715 regarding
proposed amendment to the City's Sign Ordinance re LED message
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Regular Meeting Minutes of November 4 2015
center signs for area churches the Council does hereby request through
the Administration additional information including a map showing the
locations of churches in Livonia how many churches are in residential or
RUF zoning a review of different zoning classifications, a review of rezoning
to C 2 for church only not with the land and how many churches are on
main roads or in shopping centers
On a motion by Toy supported by Scheel and unanimously adopted it was
#345 15 RESOLVED that having considered the report and
recommendation of the City Engineer dated October 8 2015 which bears
the signature of the Director of Finance and the City Attorney, is approved
by the Director of Public Works and approved for submission by the Mayor
to which is attached a proposed Agreement between the City of Livonia and
Spalding DeDecker Associates Inc the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia to execute an
amendment to the engineering contract, approved as to form and substance
by the Department of Law between the City of Livonia and Spalding
Dedecker Associates Inc (SDA) 905 South Boulevard East Rochester
Hills Michigan 48307 5358 to provide design services for the Newburgh
Road Reconstruction Project from 450' south of the CSX Railroad Bridge to
300 north of the CSX Railroad Bridge in an amount not to exceed
$21 850 00 FURTHER the Council does hereby authorize an
appropriation and expenditure in an amount not to exceed $21 850 00 from
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 Scheel supported by Toy and unanimously adopted it was
#346 15 RESOLVED that having considered a communication from
the City Engineer dated October 9 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 accept the
unit price bid of Hubbell, Roth and Clark, Inc., 555 Hulet Drive, P 0 Box
824 Bloomfield Hills Michigan 48303 0824 for design and construction
engineering services for the Eight Mile Road Water Main Extension which
was constructed as part of DWRF Project No 7355-01 for the Estimated
total cost of $6,500 00, FURTHER, the Council does hereby appropriate
and authorize the expenditure of a sum not to exceed $6,500.00 from the
Water and Sewer Construction in Progress Account No 592 158 000 for
this purpose said fund to be reimbursed by the proceeds of the Drinking
Water Revolving Fund Revenue Bonds and the City Engineer is hereby
authorized to approve minor adjustments in the work as it becomes
necessary 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
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Regular Meeting Minutes of November 4 2015
and to do all other things necessary or incidental to the full performance of
this resolution
A communication from Mike Hamoudi Panamera Motors, dated October
23 2015 re attaching a copy of the lights photometric with regard to Petition
2015 07 02 13 was received and placed on file for the information of the Council
A communication from Mike Hamoudi Panamera Motors dated October
28, 2015, re attaching an updated copy of the lights photometric with regard to
Petition 2015 07 02 13 was received and placed on file for the information of the
Council
On a motion by Toy supported by Meakin, it was
#347 15 RESOLVED that having considered a communication from
the City Planning Commission dated September 4 2015 approved for
submission by the Mayor, which transmits its resolution #09 56-2015
adopted on September 1 2015 with regard to Petition 2015 07 02 13,
submitted by Panamera Motors requesting waiver use approval pursuant
to Section 11 03(g) of the City of Livonia Zoning Ordinance #543 as
amended, to operate a used auto dealership with outdoor display of
vehicles at 35085 Plymouth Road, located on the south side of Plymouth
Road between Wayne Road and Yale Avenue in the Northwest 1/4 of
Section 33 which property is zoned C 2 the Council does hereby reject
the recommendation made by the City Planning Commission and Petition
2015 07 02 13 is hereby approved and granted subject to the following
conditions
1 That the Site/Landscape Plan marked Sheets SP 1 and A 1 dated
October 7, 2015 as revised prepared by A&M Consultants is
hereby approved and shall be adhered to
2 That the number of vehicles to be displayed outdoors shall be limited
to a total of forty-six (46) vehicles and that no vehicle for sale shall
be displayed closer than twenty feet (20') from the front lot line
3 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
4 That the display of any vehicles on car lifts is strictly prohibited,
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Regular Meeting Minutes of November 4 2015
5 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,
6 That the parking lot shall be repaired resealed and restriped as
necessary to the satisfaction of the Inspection Department
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 masonry protective wall along the south property line shall
be repaired as necessary to the satisfaction of the Inspection
Department,
9 That the existing nonconforming pylon sign shall be removed and
replaced with a conforming monument sign Only conforming wall
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 no LED lightband or exposed neon shall be permitted on the
site including, but not limited to the building or around the windows
11 That no overhead speakers will be used inside or outside the
building
12 That no repairs or maintenance work on vehicles shall be conducted
at this site
13 That the exterior site lighting shall conform to the site lighting layout
as submitted by Gasser Bush Associates dated October 26 2015
showing a total of six (6) pole mounted LED lights not to exceed a
mounting height of twenty (20') feet, plus one (1) commercial LED
downlight and five (5) LED wall pack luminaires on the building, that
all light fixtures shall be aimed and shielded to minimize glare
trespassing on adjacent properties and roadways except for
minimum lighting for security purposes all exterior lights shall be
shut off between the hours of 10:00 p m and 7 00 a m every day
and
14 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
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Regular Meeting Minutes of November 4 2015
Subject to the preceding conditions this petition is approved for the
following reasons
1 That the proposed use complies with all of the general waiver use
standards and requirements as set forth in Section 19 06 of the
Zoning Ordinance #543
2 That the subject site has the capacity to accommodate the proposed
use and
3 That the proposed use is compatible to and in harmony with the
surrounding uses in the area
FURTHER this approval is conditioned upon obtaining from the Petitioner
a Conditional Agreement limiting this waiver use to this user only, with the
provision to extend this waiver use approval to a new user only upon
approval of the new user by the City Council
A roll call vote was taken on the foregoing resolution with the following
result
AYES Pastor, Meakin Toy Scheel Nash and Brosnan
NAYS Kritzman
The President declared the resolution adopted
Mike Hamoudi Panamera Motors, was present and informed Council of the
changes that were made in the lighting
On a motion by Meakin supported by Scheel and unanimously adopted it
was
#348 15 RESOLVED that having considered a communication from
the City Planning Commission dated September 25 2015 approved for
submission by the Mayor, which transmits its resolution #09-63-2015
adopted on September 22 2015 with regard to Petition 2015 09-02 14
submitted by Joseph Philips Architect L.L.0 on behalf of Merri Bowl
Lanes requesting approval to expand the existing food service operation
and Class C liquor license of the bowling alley to include an outdoor dining
patio located on the north side of Five Mile Road between Henry Ruff Road
and Merriman Road (30950 Five Mile Road), in the Southwest 1/4 of Section
14 the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 2015 09 02 14 is hereby approved
and granted, subject to the following conditions
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Regular Meeting Minutes of November 4 2015
1 That the plan labeled Existing & Proposed Site Plans marked Sheet
No 1 dated August 31, 2015 as revised, prepared by Joseph Philips
Architect L.L C is hereby approved and shall be adhered to
2 That the maximum number of outdoor patio seats shall not exceed a
total of thirty six (36) seats
3 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking and
any conditions related thereto
4 That all light fixtures shall be aimed and shielded so as to minimize
stray light trespassing across property lines and glaring into adjacent
roadways
5 That the plan labeled Proposed Entry Area Plan & Elevation marked
Sheet No 4 dated August 31 2015 as revised prepared by Joseph
Philips Architect L.L.0 is hereby approved and shall be adhered to
6 That the type size or quantity of the plant materials to be planted
along the outside edge of the patio shall be installed to the
satisfaction of the Planning and Inspection Departments and
thereafter permanently maintained in a healthy condition
7 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 and
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
Subject to the preceding conditions this petition is approved for the
following reasons
1 That the proposed use complies with all of the general waiver use
standards and requirements as set forth in Section 19 06 of the
Zoning Ordinance #543 and
2 That the proposed use is compatible to and in harmony with the
surrounding uses in the area
A copy of an updated site plan received by the Clerk's Office on October
30 2015 with regard to Petition 2015 09 08 13, was received and placed on file
for the information of the Council
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Regular Meeting Minutes of November 4, 2015
On a motion by Toy supported by Meakin and unanimously adopted it
was
#349 15 RESOLVED that having considered a communication from
the City Planning Commission dated September 29 2015 which transmits
its resolution #09-64 2015, adopted on September 22 2015 with regard to
Petition 2015-09 08 13 submitted by Michigan Fuel Properties, L.L.0 , in
connection with a proposal to remodel the exterior of the existing
commercial center (Mid-8 Plaza) located on the south side of Eight Mile
Road between Brentwood Avenue and Middlebelt Road (29107 29131
Eight Mile Road) in the Northwest 1/4 of Section 1 the Council does hereby
refer this item to the Committee of the Whole for its report and
recommendation
Nassar Choucair N C Designs 3241 South Telegraph Road Dearborn spoke to
Council about the project
Toy stated her reasoning for sending the item to Committee citing the design of
the building gave her concern
Kritzman expressed his thoughts on the project to the designer/architect and
further discussion was held
An administrative report dated October 8 2015 re complaint regarding
an early trash collection by Diane Linford, was received and placed on file for the
information of the Council (CR 295 15)
A communication from the Director of Administrative Services dated
October 12 2015 re forwarding the response from the Director of Inspection
dated October 12, 2015 re complaint regarding an early trash collection by Diane
Linford was received and placed on file for the information of the Council (CR
295-15)
A communication from the Director of Administrative Services dated
October 27 2015 re early trash collection complaint by Diane Linford, was
received and placed on file for the information of the Council (CR 295-15)
On a motion by Pastor supported by Toy, and unanimously adopted it was
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Regular Meeting Minutes of November 4 2015
#350 15 RESOLVED that having considered a communication from
the Department of Law dated October 12 2015 approved for submission
by the Mayor transmitting for Council acceptance a Grant of Easement
executed by Marian S Richards President Kingston Terrace
Condominium for a 10 wide public utility easement in connection with the
installation of a storm sewer line constructed through the Kingston Terrace
Condominium in the Northeast 1/4 of Section 35 more particularly described
as
A 10 foot easement for drainage purposes being part of the NE 1/4 of Section
35 Town 1 South Range 9 East City of Livonia Wayne County, Michigan,
more particularly described as follows
Commencing at the Southwest intersection of Orangelawn Street and
Middlebelt Road thence S 87°37'52" W 136.37 feet along the South right
of way line of Orangelawn Street thence S 03 07'04 W 65 83 feet to the a
point on the centerline of said Easement A also being the Point of
Beginning thence along said centerline the following four (4) courses N
86°52'56" E 65.82 feet, S 02°54'17" E 62.62 feet, S 87°14 42 W 60.68 feet
and N 42 38 42 W 4 92 feet to the Point of Ending ALSO,
Commencing at the Southwest intersection of Orangelawn Street and
Middlebelt Road thence S 87 37'52 W 134 17 feet along the South right
of way line of Orangelawn Street thence S 02°55 48 W 271 00 feet to the
a point on the centerline of said Easement B, also being the Point of
Beginning thence along said centerline the following four (4) courses N
87 22'22 E 62 47 feet S 03 25'31 E 61 82 feet S 87 08'28 W 60 02 feet
and N 53°19'21 W 3.87 feet to the Point of Ending ALSO
Commencing at the Southwest intersection of Orangelawn Street and
Middlebelt Road thence S 87°37'52" W 134 17 feet along the South right
of way line of Orangelawn Street thence S 02 55 48 W 470.58 feet, thence
S 47°28'08 E 3.39 feet to the a point on the centerline of said Easement B
also being the Point of Beginning thence along said centerline the following
three (3) courses N 89°56'21" E 61 81 feet S 03°18'37 E 63.84 feet and
S 87 02'17 W 64 54 feet to the Point of Ending ALSO,
Commencing at the Southwest intersection of Orangelawn Street and
Middlebelt Road thence S 87 37'52 W 134 17 feet along the South right
of way line of Orangelawn Street thence S 02°55 48 W 681 67 feet thence
S 48°09'52" E 1 18 feet to the a point on the centerline of said Easement B
also being the Point of Beginning thence along said centerline the following
three (3) courses N 87 07'36 E 62.51 feet S 03 07'38 E 62.83 feet and
S 86°50'37 W 66.46 feet to the Point of Ending
All contains 7 621 square feet or 0 175 acres of land more or less Subject
to all easements and restrictions of record if any
The Council does hereby for and on behalf of the City of Livonia, accept
the aforesaid grant of easement and the City Clerk is hereby requested to
have the same recorded in the office of the Register of Deeds and to DO all
other things necessary or incidental to fulfill the purpose of this resolution
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Regular Meeting Minutes of November 4 2015
On a motion by Toy supported by Meakin and unanimously adopted it was
CR #351 15 RESOLVED, that having considered a communication
from the Department of Law dated October 19, 2015, 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 purpose of discussing litigation matters and attorney/client
privileged communications in connection with pending litigation Frederick
R Wheeler and Manlyn Wheeler v City of Livonia, et al.
A roll call vote was taken on the foregoing resolution with the following
result
AYES Kritzman Pastor Meakin Toy Scheel, Nash and Brosnan
NAYS None
There was no Audience Communication at the end of the meeting
On a motion by Toy supported by Scheel and unanimously adopted, this
1,788th Regular Meeting of the Council of the City of Livonia was adjourned at
7.52 p.m on November 4 2015
id. W '.1
Susan A Hoff Ci �rk