HomeMy WebLinkAboutCOUNCIL MINUTES 2016-05-16 39808
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FIRST
REGULAR MEETING OF MAY 16, 2016
On May 16, 2016 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by
President McIntyre at 7:00 p.m. Councilmember Bahr led the meeting in the
Pledge.
Roll was called with the following result: Scott Bahr, Brian Meakin,
Brandon Kritzman, Maureen Miller Brosnan, Jim Jolly, Cathy White and Kathleen
McIntyre. Absent: None.
Elected and appointed officials present: Mark Taormina, Director
of Economic Development and Planning; Todd Zilincik, City Engineer; Don
Knapp, City Attorney; Susan M. Nash, Clerk; Judy Priebe, Director of Legislative
Affairs; Lynda Scheel, Treasurer; and Mayor Dennis Wright.
On a motion by Jolly, supported by Brosnan, it was-
#194-16 RESOLVED, that the Minutes of the 1,800th
Regular Meeting of the Council held May 4, 2016 are
hereby approved as submitted.
Councilmember White indicated that earlier in the year St. Mary's Health
Systems had expressed an interest in forming a partnership with the City in
promoting their Healthy Livonia Community Initiative with a delegate being
chosen by City Council to serve on the committee. She asked that the matter
be referred to the Committee of the Whole to help facilitate the process.
On a motion by White, supported by Meakin, and unanimously
adopted, it was-
#195-16 RESOLVED, that having considered a request from
Councilmember Cathy K. White, and supported by Councilmember
Brian Meakin, the Council does hereby refer the subject of St.
Mary Mercy Hospital Healthy Living Community to the Committee
of the Whole for its report and recommendation.
39809
Regular Meeting Minutes of May 16, 2016
On a motion by White, supported by Brosnan, and unanimously
adopted, it was-
#196-16 RESOLVED, that having considered a request from
Councilmembers Cathy K. White and Maureen Miller Brosnan, the
Council does hereby refer the subject of City Council's role in
promoting business among different cultures within the Livonia
Community, along with the Livonia Chamber of Commerce, to the
Committee of the Whole for its report and recommendation.
President McIntyre invited everyone to attend the Memorial Day Event being held
on Saturday, May 28th, 2016 at 9:00 a.m. to pay tribute to our veterans.
She then announced there will be a Public Hearing being held on Wednesday,
June 1St, 2016 at 7:00 p.m. in the Auditorium of City Hall, 33000 Civic Center
Drive, Livonia, MI 48154 on the following:
Proposed Special Assessment Street Lighting Project for the
Churchill Manor Site Condominiums, located west of Newburgh
Road and north of Joy Road, in the Southeast '/4 of Section 31.
Establishment of the Assessment Roll, including two (2) outlots.
She indicated there is new data on Items 13, 15, and 16 and two X-items on
tonight's agenda.
She then thanked St. Aidan's for the Blue Mass they held this past Sunday
honoring all police and first responders, retired and active, followed by a
breakfast at the Knights of Columbus, Monaghan Hall.
Happy birthday wishes were sent to Chief Caid on his upcoming birthday.
During Audience Communication Josie Smith, 33648 Lyndon, commended the
Police and Fire Departments of the City for the fine work they do.
A communication from the Department of Finance, dated April 20, 2016,
re: forwarding various financial statements of the City of Livonia, was received
and placed on file for the information of the Council.
On a motion by Jolly, supported by White, it was-
#197-16 RESOLVED, that having considered an application from
Derrick Rodriguez, 32421 Allen Court, dated April 18, 2016, requesting
permission to close Allen Court, at the entrance on Hubbard, on Sunday,
June 26, 2016, from 12:00 p.m. to 10:00 p.m. for the purpose of
conducting a block party, the Council does hereby grant permission as
39810
Regular Meeting Minutes of May 16, 2016
requested, the action taken herein being made subject to the approval of
the Police Department.
#198-16 RESOLVED, that having considered a letter from Alan
Maliszewski, St. Michael's Catholic Church, dated April 19, 2016, which
requests permission to waive Section 8.32.070 (Noise Control) of the
Livonia Code of Ordinances, as amended, to allow a car show with a DJ
to be held in the parking lot at 11441 Hubbard Road on Saturday, July 16,
2016, from 9:00 a.m. to 3:00 p.m., the Council does hereby determine to
waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances
between the hours of 9:00 a.m. and 3:00 p.m. in connection with this
event to be held on Saturday, July 16, 2016.
#199-16 RESOLVED, that having considered a letter from Jeannie
Maciejewski, dated April 22, 2016, which requests permission to waive
Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as
amended, in order to hold a graduation party at her home located at
36145 Jay Street on Saturday, July 23, 2016, ending at 1:00 a.m. on
Sunday, July 24, 2016, the Council does hereby determine to waive
Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances in
connection with this event to be held on Saturday, July 23, 2016, ending
at 1:00 a.m. on Sunday, July 24, 2016.
#200-16 RESOLVED, that having considered a letter from Laura
Turner, Livonia Franklin Band Booster President, dated April 14, 2016,
the Council does hereby take this means to indicate that Livonia
Franklin Band Boosters is recognized as a Non-Profit Organization
operating in the community, and the action herein being taken for
the purpose of affording the Livonia Franklin Band Boosters the
opportunity to qualify for a charitable gaming license or registration from
the State of Michigan in accordance with provisions of State statute.
A Letter of Resignation dated April 26, 2016 from Sam Caramagno, re:
his resignation from the Zoning Board of Appeals, was received and placed on
file for the information of the Council.
#201-16 RESOLVED, that pursuant to Section 21.02 of the Zoning
Ordinance of the City of Livonia, Ordinance No. 543, as amended, and
Section 601 of Act 110 of the Public Acts of Michigan of 2006, as
amended, Timothy J. Klisz, 18210 Manor Lane, Livonia, MI 48152, is
hereby appointed to the Zoning Board of Appeals to fill the unexpired term
of office of Sam Caramagno, which will expire July 12, 2016, and to a full
three-year term thereafter, which will expire July 12, 2019, provided that
Mr. Klisz take the oath of office as required in Chapter X, Section 2 of the
City Charter, to be administered by the Office of the City Clerk.
39811
Regular Meeting Minutes of May 16, 2016
The Plymouth Road Development Authority (PRDA) 2015 Annual
Report, dated April 18, 2016, was received and placed on file for the
information of the Council.
#202-16 RESOLVED, that having considered a communication
from the Review Committee, dated April 6, 2016, submitted pursuant to
CR 275-15 (and CR 457-07), which bears the signature of the Mayor, to
which is attached a report and recommendation from The Bogdahn
Group, dated March 17, 2016, regarding the selection of a Plan Provider
for the City of Livonia's Defined Contribution (401) and Deferred
Compensation (457) Retirement Plans, the Council does hereby
authorize the Administration to negotiate a contract with Empower
Retirement, 8515 East Orchard Road, Greenwood Village, CO 80111, to
provide retirement plan services for the City's Defined Contribution (401)
and Deferred Compensation (457) retirement plans in accordance with
their proposal dated December 15, 2015; FURTHER, the Council does
hereby authorize the use of the investment options proposed in the
Bogdahn Group's March 2016 Defined Contribution Fund Menu Report;
and the Mayor and City Clerk are hereby authorized to execute an
agreement, approved as to form and substance by the Department of
Law, for and on behalf of the City of Livonia, with the aforesaid company;
and to do all things necessary or incidental to the full performance of
this resolution.
#203-16 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated April 25, 2016, 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) 2017 Ford Escape SUV, from Gorno Ford, 22025 Allen Road,
Woodhaven, MI 48183, for a total cost not to exceed $24,680.00, to
replace one (1) 2005 Ford Taurus, for use by the Inspection Department,
the same to be expended from funds already budgeted for this purpose in
Account No: 101-371-985-000; 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. 071-1313-00009; Spec No. 3905-001813; and such
action is taken in accordance with the provisions set forth in Section
3.04.140.D.4 of the Livonia Code of Ordinances, as amended; and the
Director of Inspection is hereby authorized to approve minor adjustments
as required.
#204-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 18, 2016, 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
39812
Regular Meeting Minutes of May 16, 2016
does hereby accept the unit price bid of D'Angelo Brothers, Inc., P.O. Box
531330, Livonia, MI 48153, for completing all work required in connection
with the 2016-2017 Sidewalk and Pavement Replacement Program -
Water Main Breaks (Contract 16-F) for the estimated total cost of
$291,237.50 or $145,618.75 per year (Phase I - $210,765.00 or
$105,382.50 per year and Phase II - $80,472.00 or$40,236.00 per year),
based upon the Engineering Division's estimate of units involved, and
subject to a final payment based upon the actual units completed in
accordance with the unit prices accepted herein, said estimated cost and
unit prices having been in fact the lowest bid received for this item;
FURTHER, the Council does hereby appropriate and authorize a not-to-
exceed expenditure in the amount of $291,237.50 for the 2016/2017
Sidewalk and Pavement Replacement Program — Water Main Breaks
from the Water and Sewer Construction in Progress Account No. 592-158-
000 for this purpose; 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 two (2) year
contract, approved as to form and substance by the Department of Law,
for and on behalf of the City of Livonia with the aforesaid bidder and to do
all other things necessary or incidental to the full performance of this
resolution.
#205-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 7, 2016, which transmits its
resolution #04-27-2016, adopted on April 5, 2016, with regard to Petition
2016-03-LS-04, submitted by the City of Livonia Housing Commission, to
determine whether or not to dispose of City-owned property located on
the west side of Santa Anita Avenue between Jamison Avenue and Five
Mile Road (15175 Santa Anita Avenue) in the Northeast 1/4 of Section 24,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 2016-03-LS-04 is hereby approved and granted,
subject to adopted policies and ordinances involving such transactions;
FURTHER, that the property be posted with a "For Sale" sign for 60 days
prior to taking bids, and that the Director of Housing prepare specifications
and obtain competitive bids with a minimum bid price bid of $34,000.00,
which bids shall be opened in the Office of the City Clerk, 33000 Civic
Center Drive, Livonia, Michigan 48154, at 2:00 p.m. on July 26, 2016, with
notice of same to be published in the City's official newspaper at least
seven (7) days prior to the bid opening; FURTHER, all such bids shall be
accompanied by a deposit in the form of a money order or certified check
which is equal to five (5%) percent of the bid price or $500.00, whichever
is greater, and in the event of a default, the deposit is subject to forfeiture
or liquidated damages, and all competitive bids shall thereafter be
submitted to Council for consideration.
#206-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 7, 2016, which transmits its
resolution #04-28-2016, adopted on April 5, 2016, with regard to Petition
39813
Regular Meeting Minutes of May 16, 2016
2016-03-LS-08, submitted by the City of Livonia Housing Commission, to
determine whether or not to dispose of City-owned property located on
the west side of Middlebelt Road between Joy Road and Dover Avenue
(8875 Middlebelt Road) in the Southeast 1/4 of Section 35, the Council
does hereby concur in the recommendation of the Planning Commission
and Petition 2016-03-LS-08 is hereby approved and granted, subject to
adopted policies and ordinances involving such transactions; FURTHER,
that the property be posted with a"For Sale"sign for 60 days prior to taking
bids, and that the Director of Housing prepare specifications and obtain
competitive bids with a minimum bid price bid of $34,200.00, which bids
shall be opened in the Office of the City Clerk, 33000 Civic Center Drive,
Livonia, Michigan 48154, at 2:00 p.m. on July 26, 2016, with notice of
same to be published in the City's official newspaper at least seven (7)
days prior to the bid opening; FURTHER, all such bids shall be
accompanied by a deposit in the form of a money order or certified check
which is equal to five (5%) percent of the bid price or $500.00, whichever
is greater, and in the event of a default, the deposit is subject to forfeiture
or liquidated damages, and all competitive bids shall thereafter be
submitted to Council for consideration.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Bahr, Meakin, Kritzman, Brosnan, Jolly, White and McIntyre
NAYS: None
The President declared the resolutions adopted.
A communication from the Department of Law, dated April 5, 2016, re.
proposed amendment to Livonia Code of Ordinances, was received and filed for
the information of the Council.
Brosnan gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 240 OF TITLE 10,
CHAPTER 21 (TRAFFIC VIOLATIONS) TO AMEND TOWING
AND STORAGE FEES.
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.
39814
Regular Meeting Minutes of May 16, 2016
The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting.
White took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS
OF STREET, ALLEY AND PUBLIC GROUND.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bahr, Meakin, Krtizman, Brosnan, Jolly, White and
McIntyre
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
A communication from the Department of Law, re: Petition 2015-12-01-
13, Michigan Property Group, LLC Conditional Rezoning Agreement, was
received and placed on file for the information of the Council.
Meakin took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 24 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.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bahr, Meakin, Kritzman, Brosnan, Jolly, White and
McIntyre
NAYS: None
39815
Regular Meeting Minutes of May 16, 2016
The President declared the Ordinance duly adopted and would become effective
on publication.
A proposed site plan marked Sheet S-1 dated April 29, 2016 and proposed
elevation plans marked Sheets A3 and A4, dated April 29, 2016, submitted by
DAS Architects, P.C., re: Petition 2016-03-02-05, was received and placed on
file for the information of the Council.
A proposed landscape plan dated May 12, 2016 from Murphy &
Associates, re: Petition 2016-03-02-05, was received and placed on file for the
information of the Council.
On a motion by Brosnan, supported by Meakin, and unanimously adopted,
it was-
#207-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 20, 2016, approved for
submission by the Mayor, which transmits its resolution #04-31-2016,
adopted on April 19, 2016, with regard to Petition 2016-03-02-05,
submitted by Michigan Property Group. L.L.C., requesting waiver use
approval to develop and operate an outdoor storage yard for recreational
vehicles, and site plan approval to develop an indoor, climate-controlled
self-storage facility located on the north side of Schoolcraft Road between
Inkster and Middlebelt Roads (28900 Schoolcraft Road) in the Southwest
1/4 of Section 24, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2016-03-02-05 is
hereby approved and granted, subject to the following conditions-
1.
onditions:1. That the Site Plan marked Sheet S-1, prepared by DAS Architects
P.C., dated April 29, 2016, as revised, is hereby approved and shall
be adhered to;
2. That the Landscape Plan prepared by Murphy and Associates,
dated May 12, 2016, as revised, is hereby approved and shall be
adhered to, except that additional full-size deciduous trees shall be
planted along the front of the property subject to approval by the
Planning and Engineering Departments;
3. That all disturbed lawn areas shall be sodded in lieu of hydro-
seeding, including all areas within the public road right-of-way;
39816
Regular Meeting Minutes of May 16, 2016
4. 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;
5. That the Exterior Building Elevation Plans marked Sheets A3 and
A4, prepared by DAS Architects P.C., dated April 29, 2016, are
hereby approved and shall be adhered to;
6. 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;
7. 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 soil erosion and
sedimentation control permits;
8. The use of the self-storage facility shall be limited to the storage of
personal and business items only, and no unit designed or intended
for storage purposes shall be used for operating a business or
recreational activity including, but not limited to, repairs,
manufacturing, assembly, personal service, hobby, retail or office;
9. Outdoor storage shall be limited to no more than a combined total
of 137 recreational vehicles, including motorhomes, travel trailers
and boats, and the storage of all RV's shall take place within the
spaces designated on the approved site plan. The storage of other
types of vehicles or equipment, including work trailers and trucks,
is strictly prohibited;
10. That there shall be no outdoor storage of disabled or inoperative
equipment and vehicles, scrap material, debris or other similar
items;
11. There shall be no storage of flammable, explosive, radioactive,
hazardous, toxic, or volatile substances within the self-storage
buildings or upon the premises, except that a propane refill station
may be permitted as part of the concierge island as approved by
the Livonia Fire Marshal and Inspection Department;
12. No overnight occupancy is permitted anywhere on the site,
including the interior storage units or the RV's;
13. That the hours of operation for both the outdoor storage yard and
indoor climate-controlled self-storage facility shall be limited to 8:00
a.m. to 8:00 p.m.;
39817
Regular Meeting Minutes of May 16, 2016
14. The entire building and property shall have a camera security
system in place and key code access;
15. 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;
16. That there shall be no outside dumpster located on the site, and all
trash must be contained within the building except on the day trash
is scheduled for removal;
17. That the petitioner shall complete a structural analysis of the
protective wall between the subject property and the residential
properties to the north to determine the soundness of the wall.
Where needed, the wall shall be repaired or replaced to the
satisfaction of the Inspection Department;
18. 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;
19. Window signs shall only be permitted on the ground floor of the
building in accordance with Section 18.50D;
20. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows;
21. That unless approved by the proper local authority, any type of
exterior advertising, such as promotional flags, streamers or
sponsor vehicles designed to attract the attention of passing
motorists, shall be prohibited;
22. 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
23. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of ONE YEAR ONLY from the date of approval by City Council, and
unless a building permit is obtained, this approval shall be null and
void at the expiration of said period.
On a motion by Brosnan, supported by Jolly, it was:
RESOLVED, that having considered a communication from the
City Planning Commission, dated April 8, 2016, which transmits its
resolution #04-29-2016, adopted on April 5, 2016, with regard to a Sign
Permit Application, Petition 2016-03-SN-01, submitted by CU Solutions
39818
Regular Meeting Minutes of May 16, 2016
Group, requesting approval of an additional wall sign for the four-story
office building (Seven Mile Crossing) located on the south side of Seven
Mile Road between Haggerty Road and the 1-275/96 Expressway (38695
Seven Mile Road) in the Northwest 1/4 of Section 7, the Council does
hereby reject the recommendation made by the City Planning
Commission and Petition 2016-03-SN-01 is hereby denied for the
following reasons:
1. That the applicant has failed to comply with all the requirements
outlined in Section 18.50G of the Zoning Ordinance;
2. That the applicant has not justified the need for excessive signage
for this location;
3. That approving this signage request would set an undesirable
precedent for the Seven Mile Crossing complex and surrounding
area; and
4. Approving this application would not be aesthetically in the City's
best interest.
Following discussion by Council, the original motion was withdrawn and the
following substitute motion was made by Brosnan, supported by Jolly, as follows-
#208-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 8, 2016, which transmits its
resolution #04-29-2016, adopted on April 5, 2016, with regard to a Sign
Permit Application, Petition 2016-03-SN-01, submitted by CU Solutions
Group, requesting approval of an additional wall sign for the four-story
office building (Seven Mile Crossing) located on the south side of Seven
Mile Road between Haggerty Road and the 1-275/96 Expressway (38695
Seven Mile Road) in the Northwest 1/4 of Section 7, the Council does
hereby request that this item be sent to the Committee of the Whole for
their report and recommendation.
with the following result:
AYES: Bahr, Kritzman, Brosnan, Jolly, White and McIntyre
NAYS: Meakin
The President declared the resolution adopted.
39819
Regular Meeting Minutes of May 16, 2016
A final approval site plan dated May 12, 2016, from Neumann Smith
Architecture, re: Petition 2016-03-02-04, was received and placed on file for
the information of the Council.
On a motion by Kritzman, supported by Brosnan, and unanimously
adopted, it was-
#209-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 7, 2016, approved for
submission by the Mayor, which transmits its resolution #04-26-2016,
adopted on April 5, 2016,with regard to Petition 2016-03-02-04, submitted
by Colliers International, on behalf of Zeal Credit Union, requesting waiver
use approval to operate a credit union branch and offices located on the
east side of Newburgh Road between Six Mile Road and Bennett Avenue
(17250 Newburgh Road) in the Southwest 1/4 of Section 8, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2016-03-02-04 is hereby approved and granted,
subject to the following conditions-
1.
onditions:1. That the architectural site plan marked Sheet A050 dated May 12,
2016, as revised, prepared by Neumann Smith Architecture, is
hereby approved and shall be adhered to;
2. That no less than 17 parking spaces located nearest the customer
branch entrance shall be a minimum of ten feet (10') in width;
3. That the landscape plan marked Sheet No. L2 dated May 12, 20167
as revised, prepared by Nowak & Fraus Engineers, is hereby
approved and shall be adhered to;
4. That all disturbed lawn areas shall be sodded in lieu of
hydroseeding;
5. That 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 exterior elevation plans marked Sheet A400 dated May
127 2016, as revised, prepared by Neumann Smith Architecture,
are hereby approved and shall be adhered to; except that the
petitioner shall consider incorporating minor changes that have the
effect of improving the appearance of the building such as adding
support columns and or muting or changing the color of the fascia
and canopy;
39820
Regular Meeting Minutes of May 16, 2016
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 three walls of the trash dumpster area shall be constructed
out of building materials that shall complement that of the building.
The enclosure gates shall be of solid panel steel construction or
durable, long-lasting solid panel fiberglass. The trash dumpster
area shall be maintained and when not in use closed at all times.,
9. That the enclosure of the generator area shall be constructed out
of building materials that shall complement that of the building;
10. 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;
11. 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;
12. That no LED lightband or exposed neon shall be permitted on the
site including, but not limited to, the building or around the windows;
13. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for, and
14. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of ONE YEAR ONLY from the date of approval by City Council, and
unless a building permit is obtained, this approval shall be null and
void at the expiration of said period.
On a motion by Meakin, supported by Jolly, and unanimously adopted, it
was:
#210-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated march 16, 2016, which sets forth its
resolution 03-22-2016 adopted on March 15, 2016, with regard to Petition
2016-02-06-02, submitted by the City Planning Commission, pursuant to
Section 23.01(b) of the Livonia Zoning Ordinance No. 543, as amended,
proposing to remove Section 13.03(d) of Article XIII, P District
Regulations, to eliminate confusion regarding the construction of parking
39821
Regular Meeting Minutes of May 16, 2016
decks and other structures designed for parking vehicles, and the Council
having conducted a public hearing with regard to this matter on Monday,
April 25, 2016, the Council does hereby approve Petition 2016-02-06-02
for preparation of the ordinance for submission to Council; and the
Department of Law is requested to prepare an ordinance amending
Ordinance No. 543, as amended, in accordance with this resolution.
On a motion by White, supported by Jolly, and unanimously adopted, it
was:
#211-16 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No. 430,
more particularly described in Council Resolution 99-16, adopted on
March 9, 2016, as required by the provisions of the City Charter and Title
3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City
Council has duly met and reviewed the special assessments levied in the
special assessment roll prepared by the City Assessor to cover the district
in which to determine necessity for the installation of two (2) new LED
streetlights, Lexington Style-14 Feet, on Colonial post top poles, in the
Richfield Park Estates Site Condominiums, located West of Newburgh
Road, between Ann Arbor Trail and Joy Road, in the Southeast '/4 of
Section 31 in said Special Assessment District No. 430.
NOW, THEREFORE, BE IT RESOLVED, that the said Council does
hereby determine necessity for the installation of two (2) new LED
streetlights, Lexington Style-14 Feet, on Colonial post top poles, and that
the assessments set forth in said Special Assessment District No. 430 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. 430 based on the installation
of two (2) new LED streetlights, Lexington Style-14 Feet, on Colonial post
top poles, 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, as amended,
and the Mayor and City Clerk are hereby authorized to execute a
Municipal Street Lighting Agreement as provided by Detroit Edison for this
purpose; and further, a sum not to exceed $1 364.00 is hereby authorized
to be expended from the cash payments posted by or collected from the
developer in Richfield Park Estates Site Condominiums in order to defray
the Detroit Edison contribution-in-aid costs connected with this street
lighting installation project; FURTHER, the Council does hereby authorize
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.
39822
Regular Meeting Minutes of May 16, 2016
On a motion by Jolly, supported by Meakin, and unanimously adopted, it
was:
#212-16 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated March 17, 2016, on all matters required by
Sections 3.08.060 and 3.08.140 of the Livonia Code of ordinances, as
amended, and a first public hearing having been held thereon on April 25,
2016, after due notice as required by Section 3.08.070 of said Code, and
careful consideration having been given to all such matters, the Council
does hereby, pursuant to Section 3.08.080 of said Code-
1.
ode:1. accept and approve said statement in all respects;
2. determine to include two (2) out lots for Churchill Manor Site
Condominiums located west of Newburgh Road and north of Joy
Road, City of Livonia, Wayne County, Michigan, as described in
said statement; and defray the cost of such improvement by special
assessment upon the property especially benefited in proportion to
the benefits derived or to be derived;
3. approve the plans and specifications for the improvements as set
forth in said statement dated March 17, 2016;
4. determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited;
5. determine that the assessment made for such improvement shall
be paid in annual installments, according to said statement;
6. designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows-
Lots
ollows:Lots 1 to 31, both inclusive, of the Churchill Manor Site
Condominiums, as recorded in the Wayne County Condo
Plan No. 902, Liber 44234, Pages 74-100, Wayne County
Records, said development being part of the S.E. '/4 of
Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County,
Michigan and also Parcel Numbers: 124-99-0005-005 and
124-99-0008-001;
7. direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statement as
prepared by the City Engineer dated March 17, 2016; and
39823
Regular Meeting Minutes of May 16, 2016
8. that upon completion of said roll, the City Assessor shall attach
thereto the certificate required by the provisions of Section
3.08.100 of the Livonia Code of Ordinances, as amended, and file
the same with the City Clerk, who thereupon is directed to present
the same to the City Council prior to the holding of the second
public hearing thereon pursuant to Title 3, Chapter 8, of the Livonia
Code of Ordinances.
On a motion by Brosnan, supported by Jolly and unanimously
adopted, it was-
#213-16 RESOLVED, that having considered a communication from
the Department of Law, dated April 26, 2016, approved for submission by
the Mayor, transmitting for Council acceptance of a Grant of Easement
executed by Peter Ventura, Partner for University Park, LLC, for a 12-foot
wide public utility easement in connection with the water main line
constructed at 36650 Five Mile Road in the Southwest 1/4 of Section 17,
more particularly described as-
12-foot Wide Public Water Main Easement
A centerline description of a water main easement located in the
Southwest '/4 of Section 17, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan, more particularly described as follows:
Commencing at the South '/4 corner of said Section 17 and proceeding
along the North-South '/4 line N. 00012'30" W. 60.00 feet; thence N.
89051'30" W. 43.00 feet to the West right of way line of Levan Road (43'
wide, '/2 width), point also being the Southeast corner of Outlot `A' of
"Kingsbury Heights Subdivision", as recorded in Liber 84, Pages 35, 36
and 37, Wayne County Records; thence along the North right of way line
of Five Mile Road (60' wide, '/2 width), N. 89051'30" W. 574.94 feet to the
point of beginning of said easement centerline; thence N. 00025'28" E.
12.35 feet; thence N. 46020'38" E. 19.98 feet; thence N. 00002'30" E.
251.96 feet to Point `A'; thence S. 89057'30" E. 14.92 feet to a point of
ending; thence from said Point 'A', N. 00002'30" E. 94.17 feet; thence S.
89°43'11" E. 63.48 feet to the point of ending of said easement.
the Council does hereby, for and in 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.
39824
Regular Meeting Minutes of May 16, 2016
On a motion by Brosnan, supported by Kritzman and unanimously
adopted, it was-
#214-16 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 Meakin, supported by White, it was-
#215-16 RESOLVED, that having considered a communication from
the Department of Law, dated May 12, 2016, approved for submission by
the Mayor, to which is attached a proposed Mediation Settlement
Agreement, and for the reasons discussed in the closed Committee of the
Whole meeting held on May 9, 2016, the Council does hereby authorize
the Department of Law to resolve the claims brought on behalf of the City
of Livonia against Discount Pool & Spa, Inc., Wayne County Circuit Court
Case No: 14-015200-CK; and Home-Owners Insurance Company v
Discount Pool & Spa, Inc., et al; Wayne County Circuit Court Case No.-
15-001133-CB; as outlined in the aforesaid settlement agreement, and
the Department of Law is hereby authorized to do all things necessary or
incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Bahr, Meakin, Kritzman, Brosnan, Jolly, White and
McIntyre
NAYS: None.
The President declared the resolution adopted.
On a motion by Meakin, supported by White, and unanimously adopted, it
was:
#216-16 RESOLVED, that having considered a communication from
Joanna G. Hardesty, Planning & Marketing Director, Wade Shows, Inc.,
dated May 16, 2016, wherein it is requested that Council Resolution 163-
16 be amended to reflect the start date of the carnival to one day earlier,
Thursday, May 19, 2016, due to the equipment being delivered earlier
than expected, the Council does hereby amend and revise Council
Resolution 163-16 so as to read as follows:
RESOLVED, that having considered a communication from the City
Planning Commission, dated March 16, 2016, approved for submission
39825
Regular Meeting Minutes of May 16, 2016
by the Mayor, which transmits its resolution #03-20-2016, adopted on
March 15, 2016, with regard to Petition 2016-02-02-02, submitted by
Wade Shows, Inc., requesting waiver use approval to conduct a carnival
in the parking lot of Sears, sponsored by the Rotary Club of Livonia,
consisting of amusement rides, games and food concessions from May
19, 2016 through May 30, 2016, inclusive, on property located on the
northwest corner of Seven Mile Road and Middlebelt Road (29500 Seven
Mile Road) in the Southeast 1/4 of Section 2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 2016-02-02-02 is hereby approved and granted, subject to
the following conditions:
1. That the carnival shall be limited to the dates as specified by Wade Shows,
Inc., which are May 19, 2016 through May 30, 2016, inclusive;
2. That the proposed carnival operation shall be confined to the area as
illustrated on the aerial layout plan submitted as received by the Planning
Commission on February 8, 2016;
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.
On a motion by Kritzman, supported by Brosnan and unanimously
adopted, it was-
#217-16 RESOLVED, that having considered a request from
Councilmember Brandon M. Kritzman, the Council does hereby refer the
subject of enforcing the site plan conditions to the Economic
Development, Community Outreach and Strategic Planning Committee
for its report and recommendation.
There was no Audience Communication at the end of the Meeting.
39826
Regular Meeting Minutes of May 16, 2016
On a motion by Brosnan, supported by Jolly, and unanimously
adopted, this 1,801 st Regular Meeting of the Council of the City of Livonia was
adjourned at 7:48 p.m. on May 16, 2016.
Susan M. Nash
City Clerk