HomeMy WebLinkAboutCOUNCIL MINUTES 2016-12-05 40013
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FOURTEENTH
REGULAR MEETING OF DECEMBER 5, 2016
On December 5, 2016 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by
President Kathleen McIntyre at 7:00 p.m. Councilmember Jim Jolly led the
meeting in the Pledge.
Roll was called with the following result: Jim Jolly, Cathy White,
Scott Bahr, Brian Meakin, Brandon Kritzman, Maureen Miller Brosnan and
Kathleen McIntyre. Absent: None.
Elected and appointed officials present: Mark Taormina, Director
or Economic Development and Planning; Todd Zilincik, City Engineer; Don
Knapp, City Attorney; Susan M. Nash, City Clerk(arrived 7:30 p.m.); Judy Priebe,
Director of Legislative Affairs; Curtis Caid, Chief of Police; Ted Davis,
Superintendent of Parks and Recreation; Lynda Scheel, Treasurer; and Dave
Varga, Director of Administrative Services.
On a motion by Jolly, supported by Bahr, it was-
#441-16 RESOLVED, that the Minutes of the 1,813th
Regular Meeting of the Council held November 14, 2016 are
hereby approved as submitted.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jolly, White, Bahr, Meakin, Kritzman and McIntyre
NAYS: None
PRESENT: Brosnan
The President declared the resolution adopted.
Regular Meeting Minutes of December 5, 2016 40014
President McIntyre invited everyone to attend the Annual Tree Lighting being
held Tuesday, December 6th at 6:30 p.m. at City Hall, with caroling and a visit
from Santa and Mrs. Claus, with refreshments being served in the Robert and
Janet Bennett Library afterwards.
Councilmember Meakin congratulated Public Service Worker II, David Dugan,
on his retirement after 27 years of service.
President McIntyre stated there was new data received on Items 11, 13 and 14
on the Agenda.
She then extended birthday wishes to Councilmember Meakin as well as Mayor
Wright and sent get well wishes to the Mayor as well.
Councilmember Jolly voiced his opposition to the current package of bills being
debated in Lansing that affect our school and local employee retirement benefits
and that are being presented during the Lame Duck session, thereby not allowing
the proper time to study these bills and the negative impact they would have on
the Livonia community.
During Audience Communication David Danisky, 19675 Brentwood, read an
amendment that he wrote to the residential lighting ordinance reflecting the new
technology involved in current lighting devices and asked Council to consider
making it a part of the ordinance.
Vice President Kritzman assured Mr. Danisky that Council would look into the
matter and forward it to the Law Department.
Treasurer Scheel stated that the 2016 Winter Tax Bills were mailed December
1St and that residents should expect to receive theirs. She indicated that taxes
are due by Tuesday, February 14th, 2017 and that partial payments are accepted
on the outstanding balance as long as the full payment is received by the due
date.
On a motion by Brosnan, supported by Kritzman, it was-
#442-16 RESOLVED, that having considered a letter from Daniel S.
MacIver, Treasurer, Clarenceville Education Foundation, dated October
27, 2016, the Council does hereby take this means to indicate that
Clarenceville Education Foundation is recognized as a non-profit
organization operating in the community, and the action herein being
taken for the purpose of affording the Clarenceville Education Foundation
the opportunity to qualify for a charitable gaming license or registration
from the State of Michigan in accordance with provisions of State statute.
#443-16 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated October 17, 2016, which
bears the signature of the Director of Finance and the City Attorney, and
Regular Meeting Minutes of December 5, 2016 40015
is approved for submission by the Mayor, the Council does hereby
authorize the purchase of one (1) 2016 Ford Police Interceptor Package,
to replace a vehicle damaged beyond repair in August 2016, for use by
the uniform division, from Signature Ford, 1960 E. Main Street, Owosso,
MI 48867, in the amount of $27,087.00; FURTHER, an amount not to
exceed $27,087.00 is hereby authorized to be expended from insurance
carrier reimbursement and budgeted funds from Account No. 101-325-
985-000 for this purpose; FURTHER, the Council does hereby determine
to authorize the said purchase without competitive bidding inasmuch as
the same is based upon the low State of Michigan, Macomb County and
Oakland County consortium bids and/or such action is taken in
accordance with the provisions set forth in Section 3.04.140D4 of the
Livonia Code of Ordinances, as amended.
#444-16 RESOLVED, that having considered a communication from
the Director of Public Works, dated October 28, 2016, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby authorize Fiore Enterprises, LLC, 3411
West Fort Street, Detroit, Michigan 48216 and Stante Excavating, 46912
Liberty Drive, Wixom, Michigan 48393, to provide snow removal services
for city streets during the 2016-2017 snow season for snowfalls of over
four (4) inches in accumulation or as authorized by the Mayor, pursuant
to the terms stated in the attached proposals dated October 14, 2016
(Fiore Enterprises, LLC) and October 19, 2016 (Stante Excavating);
FURTHER, the Council does hereby authorize said action without
competitive bidding in accordance with Section 3.04.140.D.4 of the
Livonia Code of Ordinances, as amended; FURTHER, the Council does
hereby authorize the expenditures for such services from funds already
budgeted in Account No. 101-463-818-020 (Road Maintenance
Contractual Services) for this purpose.
#445-16 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated November 4,
2016, which bears the signature of the Director of Finance and is approved
for submission by the Mayor, in connection with the Master Plan and the
design/construction of the Department of Public Works Building, located
at 13335 Farmington Road, the Council does hereby approve the
remaining work developed by Sidock Architects and authorizes them to
continue the development of the design and construction of the new
Department of Public Works Building in an amount not to exceed
$245,200.00; FURTHER, the Council does hereby authorize an
appropriation and expenditure in an amount not to exceed $245,200.00
from the unexpended fund balance of the Water and Sewer Fund (592)
for this purpose, to be reimbursed from the proceeds of the Water and
Sewer Bond Issuance to be issued in 2017, and the Director of Public
Works is hereby authorized to approve minor adjustments in the work, as
it becomes necessary.
Regular Meeting Minutes of December 5, 2016 40016
#446-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 28, 2016, 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, to provide design
services for the Hubbard Road Bike Lanes Project from Buchanan
Elementary to Six Mile Road, in an amount not to exceed $20,694.00;
FURTHER, the Council does hereby authorize an appropriation and
expenditure in an amount not to exceed $20,694.00 from Account No.-
202-463-818-118 (Non-Motorized Paths in the Construction Services —
Lane Line Marking Account) for this purpose, and the City Engineer is
hereby authorized to approve minor adjustments in the work, as it
becomes necessary.
#447-16 RESOLVED, that having considered a communication from
the City Engineer, dated November 2, 2016, which bears the signature of
the Director of Finance, is approved by the Director of Public Works and
approved for submission by the Mayor, the Council does hereby, for and
on behalf of the City of Livonia, accept a $71,176.00 grant from Detroit
Edison Company (DTE); further, the Council does hereby appropriate and
authorize an additional expenditure in an amount not to exceed
$505,958.00 from funds budgeted in Account No: 202-450-756-000
(Major roads — street lighting) for contribution-in-aid construction to be
paid to the Detroit Edison Company, Community Lighting Group, 8001
Haggerty Road, Belleville, Michigan 48111, and included with the
agreement with DTE, with the understanding that the Energy Optimization
(EO) Rebate in the amount of $109,786.52 will be reimbursed to the City
upon completion of the work; FURTHER, the Council does hereby
authorize the use of these grant funds and City funds to retrofit 1,329
Mercury Vapor Streetlights to LED along the major roads, which is
estimated to produce an energy cost savings of $281,768.21 annually,
with a payback of 1.41 years, and the City Engineer is hereby authorized
to approve any minor adjustments in the work as may be necessary; and
the Mayor and City Clerk are hereby authorized, for and on behalf of the
City of Livonia, to execute the agreement with DTE subject to the approval
as to form by the Department of Law, and to do all other things necessary
or incidental to the full performance of this resolution.
#448-16 RESOLVED, that having considered communications from
the City Engineer, dated November 10, 2016 and November 4, 20167
submitted pursuant to council resolution 127-15, which bear the signature
of the Director of Finance, is approved by the Director of Public Works and
Regular Meeting Minutes of December 5, 2016 40017
approved for submission by the Mayor, requesting authorization for an
additional appropriation and expenditure from liquidated damages
withheld from Rohl Networks for failing to meet their contractual obligation
for the water main improvements which are part of the DWRF Project No.
7356-01, Phase II, the Council does hereby appropriate and authorize an
expenditure in an amount not to exceed $24,260.00, payable to D'Angelo
Brothers, PO Box 531330, Livonia, MI 48153, from liquidated damages
withheld from the Rohl Networks Contract associated with non-
performance of restoration on Elmira and Cleveland Streets from Water
and Sewer Account No. 592-000-659-000; FURTHER, the Council does
hereby authorize an increase in the contract amount from $250,000.00 to
$285,265.00, pursuant to council resolution 223-12, payable to D'Angelo
Brothers, P.O. Box 531330, Livonia, Michigan 48153, providing funds in
the amount of $35,265.00 from liquidated damages, Water and Sewer
Account No. 592-000-659-000, to reimburse the construction in progress
account for work invoiced on LIV-92116, dated September 21, 20167
associated with 30 water taps on N. Clements Circle, west of Harrison;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $25,000.00 to D'Angelo Brothers, P.O. Box 531330,
Livonia, Michigan 48153 from the liquidated damages account, Account
No. 592-000-659-000 of the Water and Sewer Fund (592), to be held in
reserve for any additional emergency work required to ensure the safety
and welfare of residents impacted by the water main replacement project
due to non-performance by Rohl Networks, in order to pay invoices from
Liquidated Damages as deemed necessary by the DPW Director or City
Engineer and based on emergency contract unit prices by D'Angelo
Brothers; FURTHER, the Council does hereby authorize an expenditure
in an amount not-to-exceed $27,451.56 payable to Teddy's Lawn &
Landscape, 12725 Levan Road, Livonia, Michigan 48150 from the
liquidated damages account, Account No. 592-000-659-000 of the Water
and Sewer Fund (592), for restoration work performed on the west side of
Ingram, Cranston, Hubbard, West Chicago, and portions of Loveland and
Shadyside, including any sprinkler repairs; and the City Engineer is
hereby authorized to approve minor adjustments in the work, as it
becomes necessary.
#449-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 28, 2016, which transmits
its resolution #10-102-2016, adopted on October 25, 2016, with regard to
Petition 2016-10-SN-05, submitted by Graph-X Lettering, Inc., requesting
approval for a wall sign at DFCU Financial located on the southeast corner
of Seven Mile and Newburgh Roads (37373 Seven Mile Road) in the
Northwest 1/4 of Section 8, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2016-10-SN-
05 is hereby approved and granted, subject to the following conditions:
Regular Meeting Minutes of December 5, 2016 40018
1. That the wall sign shall be installed in accordance with the Sign
Plan submitted by Graph-X Lettering, Inc., as received by the
Planning Commission on October 10, 2016;
2. That the existing ground sign next to the credit union's rear
entrance shall be removed;
3. That this approval is subject to the petitioner being granted
variances from the Zoning Board of Appeals for excessive signage
and any conditions related thereto; and
4. That any additional signage for this location shall only require
Zoning Board review and approval.
#450-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 28, 2016, which transmits
its resolution #10-103-2016, adopted on October 25, 2016, with regard to
Petition 2016-08-08-09, submitted by N.C. Designers & Contracting, on
behalf of Michigan Fuels, in connection with a proposal to renovate the
existing Mobil gas station, including demolition of the existing building and
construction of a new gas station located on the northwest corner of
Schoolcraft and Farmington Roads (33430 Schoolcraft Road) in the
Southeast 1/4 of Section 21, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2016-08-08-09
is hereby approved and granted, subject to the following conditions-
1.
onditions:1. That the Site Plan marked Sheet SP-2, dated October 21, 2016, as
revised, prepared by N.C. Designers & Contracting Inc., is hereby
approved and shall be adhered to;
2. That all on-site parking shall be properly sized and marked,
including any barrier-free space(s) as may be required by the State
of Michigan;
3. That this approval is subject to the petitioner being granted
variances from the Zoning Board of Appeals for deficient parking
and building setback and any conditions related thereto;
4. That the Landscape Planting Plan marked Sheet LP-1, dated
September 22, 2016, as revised, prepared by Nagy Devlin Land
Design, is hereby approved and shall be adhered to;
5. That all disturbed lawn areas, including road right-of-way, shall be
sodded in lieu of hydro-seeding;
6. That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
Regular Meeting Minutes of December 5, 2016 40019
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition;
7. That the Elevation Plans marked Sheets A-2 and A-3, prepared by
N.C. Designers & Contracting Inc., both dated October 21, 20167
as revised, are hereby approved and shall be adhered to, except
for the fact that the north and south elevations are misidentified and
the labels on the drawing should be switched;
8. That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building or in
the event a poured wall is substituted, the wall's design, texture and
color shall match 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 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;
10. That any illumination of the pump island canopy shall be restricted
to the undercarriage, and all light fixtures shall be recessed and
made flush with the established ceiling; provided, however, that this
section shall not apply to those specified signs which are expressly
allowed by the district regulations of the Zoning Ordinance;
11. That all light fixtures shall not exceed twenty feet (20') in height and
shall be aimed and shielded to minimize stray light trespassing
across property lines and glaring into adjacent roadway;
12. No outside storage, placement or display of merchandise shall be
permitted at any time on this site; however, the foregoing
prohibition shall not apply to the display, on the pump islands only,
of oil based products as permitted in Section 11.03(a)(12) of the
Zoning Ordinance;
13. That free air shall be provided at all times this station is open for
business. The free air shall be dispensed at the point of service
without having to enter the station or perform any extra action to
obtain the air without charge;
14. That there shall be no vehicle vacuum equipment or outdoor
placement/storage of propane cylinder storage units on the site;
15. That the sale of ice shall be restricted to the inside of the building;
Regular Meeting Minutes of December 5, 2016 40020
16. 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;
17. That no part of the pump island canopy fascia, except for signage,
shall be illuminated;
18. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the pump island canopy, building
or around the windows;
19. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for; and,
20. Pursuant to Section 19.10 of Ordinance #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.
#451-16 RESOLVED, that having considered a communication from
Council President Kathleen E. McIntyre, dated October 25, 2016, to which
is attached a proposed schedule of Council Study and Regular Meetings
for the period January 1, 2017 through December 31, 2017, the Council
does hereby approve the following dates for City Council meetings for
2017, subject to change with notice:
Study Meetings Regular Meetings
JANUARY
Monday, January 9 (starting time 8 pm) Wednesday, January 18
Wednesday, January 18 Monday, January 30
FEBRUARY
Monday, January 30 Monday, February 13
Monday, February 13 Monday, February 27
MARCH
Monday, February 27 Monday, March 13
Monday, March 13 Monday, March 27
APRIL
Monday, March 27 Monday, April 10
Monday, April 10 Monday, April 24
Regular Meeting Minutes of December 5, 2016 40021
MAY
Monday, April 24 Monday, May 8
Monday, May 8 Monday, May 22
JUNE
Monday, May 22 Monday, June 5
Monday, June 5 Monday, June 19
JULY
Monday, June 19 Monday, July 10
Monday, July 10 Monday, July 24
AUGUST
Monday, July 24 Wednesday, August 9
Wednesday, August 9 Monday, August 21
SEPTEMBER
Monday, August 21 Wednesday, September 6
Wednesday, September 6 Monday, September 18
OCTOBER
Monday, September 18 Monday, October 2
Monday, October 2 Monday, October 16
NOVEMBER
Monday, October 16 Wednesday, November 1
Wednesday, November 1 Monday, November 13
DECEMBER
Monday, November 13 Monday, December 4
Monday, December 4 Monday, December 18
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Jolly, White, Bahr, Meakin, Kritzman, Brosnan and McIntyre
NAYS: None
The President declared the resolutions adopted.
A new set of plans from PEA, Inc., revised November 30, 2016 (Drawings
C-1.0 to C 5.0 and L-1.1); Exterior Elevation drawings from ArcVision, Inc., dated
November 28, 2016 (Drawings A301 to A303); and Signage drawings from
Regular Meeting Minutes of December 5, 2016 40022
Mandeville Sign with revisions dated November 28, 2016 (Drawings 28256.2 to
28256.12), were received and placed on file for the information of the Council.
President McIntyre, as Chair of the Committee of the Whole, reported out on the
meeting of November 21, 2016 regarding Petition 2016-04-02-07.
Councilmember Brosnan commented on the project, citing that the issue of
signage would still be addressed by the Zoning Board of Appeals, but welcomed
Panera Bread and their utilization of extra parking space in the City for their new
drive-thru location.
Norman Hyman, attorney for Laurel Park Retail Properties, as well as Brian
Bernard from Panera and John Dell'Isola, engineer, from PEA, Inc., were present
to address the issue of signage as well as other questions from Council.
On a motion by Brosnan, supported by Jolly, it was:
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 21,
2016, submitted pursuant to Council Resolution #401-16, and further
having considered a communication from the City Planning Commission,
dated July 7, 2016, which transmits its resolution #06-69-2016, adopted
on June 28, 2016, with regard to Petition 2016-04-02-07, submitted by
Laurel Park Retail Properties, L.L.C. (Panera Bread), requesting waiver
use approval to construct and operate a freestanding full service
restaurant with drive-up window facilities (Panera Bread) within the
parking lot of the Laurel Park Place shopping center located on the north
side of Six Mile Road between Newburgh Road and the 1-275/1-96
Expressway (37700 Six Mile Road), in the Southeast 1/4 of Section 7,
the Council does hereby reject the recommendation made by the City
Planning Commission and Petition 2016-04-02-07 is hereby approved
and granted, subject to the following conditions-
1.
onditions:1. That the Preliminary Site Plan marked Drawing Number C-4.0
prepared by PEA, Inc., dated November 30, 2016, as revised, is
hereby approved and shall be adhered to, except as provided
below;
2. A full curb shall be used to define the drive-thru traffic lane and
shall include a bypass opening as depicted on the aforementioned
Site Plan that will include the installation of a directional "Do Not
Enter" sign located on the adjacent drive aisle;
3. This approval shall be subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking
and any conditions related thereto, if deemed necessary upon final
Regular Meeting Minutes of December 5, 2016 40023
review of the submitted parking analysis, revised striping plan,
cross access and parking agreements, and any previous parking
variance(s);
4. That the Landscape Plan marked Drawing Number L-1.1 prepared
by PEA, Inc., dated November 30, 2016, as revised, is hereby
approved and shall be adhered to, except as provided below;
5. That all disturbed lawn areas shall be sodded in lieu of
hydroseeding;
6. 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;
7. That the maximum customer seating for the restaurant shall not
exceed 110 interior seats and seventeen (17) outdoor patio seats
for a combined total of 127 seats;
8. That the Exterior Elevation Drawings, Sheets A301, A302 and
A303, prepared by ArcVision Incorporated, dated November 28,
2016, are hereby approved and shall be adhered to;
9. 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;
10. That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building or in
the event a poured wall is substituted, the wall's design, texture and
color shall match 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;
11. 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;
12. That Sign Plan Drawing Nos. 28256.2 thru 28256.5, inclusive, as
revised, dated November, 28, 2016, October 11, 2016, October 11,
2016, and November 28, 2016, respectively, and Drawing Nos.
28256.6 thru 28256.10, inclusive, as revised, dated April 12, 20167
November 28, 2016, April 12, 2016, April 12, 2016, April 12, 20167
November 28, 2016, and November 28, 2016, respectively,
Regular Meeting Minutes of December 5, 2016 40024
prepared by Mandeville Sign, are hereby approved conditioned on
the Petitioner being granted a variance by the Zoning Board of
Appeals for excess signage and any conditions related thereto;
13. That no LED Iightband or exposed neon shall be permitted on this
site including, but not limited to, the building oraround the windows;
and
14. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time of
application for building permits.
Following discussion by Council, Brosnan offered the following Friendly
Amendment to the resolution, supported by Kritzman
#452-16 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 21,
2016, submitted pursuant to Council Resolution #401-16, and further
having considered a communication from the City Planning Commission,
dated July 7, 2016, which transmits its resolution #06-69-2016, adopted
on June 28, 2016, with regard to Petition 2016-04-02-07, submitted by
Laurel Park Retail Properties, L.L.C. (Panera Bread), requesting waiver
use approval to construct and operate a freestanding full service
restaurant with drive-up window facilities (Panera Bread) within the
parking lot of the Laurel Park Place shopping center located on the north
side of Six Mile Road between Newburgh Road and the 1-275/1-96
Expressway (37700 Six Mile Road), in the Southeast 1/4 of Section 7,
the Council does hereby reject the recommendation made by the City
Planning Commission and Petition 2016-04-02-07 is hereby approved
and granted, subject to the following conditions-
1.
onditions:1. That the Preliminary Site Plan marked Drawing Number C-4.0
prepared by PEA, Inc., dated November 30, 2016, as revised, is
hereby approved and shall be adhered to, except as provided
below;
2. A full curb shall be used to define the drive-thru traffic lane and
shall include a bypass opening as depicted on the aforementioned
Site Plan that will include the installation of a directional "Do Not
Enter" sign located on the adjacent drive aisle;
3. This approval shall be subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking
and any conditions related thereto, if deemed necessary upon final
review of the submitted parking analysis, revised striping plan,
cross access and parking agreements, and any previous parking
variance(s);
Regular Meeting Minutes of December 5, 2016 40025
4. That the Landscape Plan marked Drawing Number L-1.1 prepared
by PEA, Inc., dated November 30, 2016, as revised, is hereby
approved and shall be adhered to, except as provided below;
5. That all disturbed lawn areas shall be sodded in lieu of
hydroseeding;
6. 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;
7. That the maximum customer seating for the restaurant shall not
exceed 110 interior seats and seventeen (17) outdoor patio seats
for a combined total of 127 seats;
8. That the Exterior Elevation Drawings, Sheets A301, A302 and
A303, prepared by ArcVision Incorporated, dated November 28,
2016, are hereby approved and shall be adhered to;
9. 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;
10. That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building or in
the event a poured wall is substituted, the wall's design, texture and
color shall match 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;
11. 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;
12. Except for the modifications as set forth below, the Sign Plan
Drawing Nos. 28256.2 thru 28256.5, inclusive, as revised, dated
November, 28, 2016, October 11, 2016, October 11, 2016, and
November 28, 2016, respectively, and Drawing Nos. 28256.6 thru
28256.10, inclusive, as revised, dated April 12, 2016, November
287 2016, April 12, 2016, April 12, 2016, April 12, 2016, November
287 2016, and November 28, 2016, respectively, prepared by
Mandeville Sign, are hereby approved and shall be adhered to,
conditioned on the Petitioner being granted a variance by the
Regular Meeting Minutes of December 5, 2016 40026
Zoning Board of Appeals for excess signage and any conditions
related thereto, including but not limited to the following:
A) Removal of the "Panera" sign on the east side of the
building;
B) Removal of the "Panera" sign on the west side of the
building; and,
C) Relocation of the "Drive-Thru" sign on the west side of
the building to the northwest corner of building to area
that the "Panera" was to be placed.
13. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building oraround the windows;
and
14. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time of
application for building permits.
with the following result:
AYES: Jolly, White, Bahr, Meakin, Kritzman, Brosnan and
McIntyre
NAYS: None
The President declared the resolution adopted.
Meakin gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO. (Petition 2016-08-01-05)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting.
Regular Meeting Minutes of December 5, 2016 40027
A communication from the Department of Law, dated November 14, 2016,
re: Petition 2016-08-01-06, submitted by TNA Enterprises, was received and
placed on file for the information of the Council.
Brosnan gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO. (Petition 2016-08-01-06)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting.
A communication from the Department of Parks & Recreation, dated
November 30, 2016, re: Placing Dog Park at Bicentennial Park in Soccer Field
1, was received and placed on file for the information of the Council.
On a motion by Meakin, supported by Brosnan, it was:
RESOLVED, that having considered communications from the
Superintendent of Parks and Recreation, dated November 3, 2016 and
November 30, 2016, which bear the signature of the Director of Finance
and are approved for submission by the Mayor, in connection with a
request to establish a location for a dog park in a joint effort with
Tailwaggers at Bicentennial Park, specifically soccer fields 9 and 10 along
Seven Mile Road, the Council does hereby concur in the recommendation
of the Department of Parks and Recreation and hereby approves its
request to establish a location for a dog park.
Ted Davis, Superintendent of Parks and Recreation, was present to answer
questions from Council.
Meakin thanked Davis and his department for their time and effort spent on the
project and commented on the partnership with Tailwaggers.
Regular Meeting Minutes of December 5, 2016 40028
Brosnan commended Davis as well and confirmed that the dog park would be
located at Soccer Field 1.
Bahr also raised some questions on the project concerning the clearing of brush
from the area and further discussion was held.
Davis indicated that the Engineering Department, and in particular Dave Lear,
should be recognized for the time spent helping with the project.
Kritzman acknowledged the work the Parks and Recreation Commission had
done on the project.
Davis stated that Mayor Wright was a strong supporter of the dog park and was
instrumental in seeing it come to fruition.
White recognized the leadership of the Parks and Recreation Department as well
as the Parks and Recreation Commission and the Engineering Department in
moving this project forward.
Erick Giovanni, 36297 Seven Mile Road, thanked Mr. Davis for the compromise
that was reached in their decision to put the dog park in Soccer Field 1.
Following discussion by Council, Brosnan offered the following Friendly
Amendment to the resolution, supported by Meakin
#453-16 RESOLVED, that having considered communications from
the Superintendent of Parks and Recreation, dated November 3, 2016
and November 30, 2016, which bear the signature of the Director of
Finance and are approved for submission by the Mayor, in connection with
a request to establish a location for a dog park in a joint effort with
Tailwaggers at Bicentennial Park, specifically Soccer Field 1, south of the
east tennis courts and north of the fire station, the Council does hereby
concur in the recommendation of the Department of Parks and Recreation
and hereby approves its request to establish a location for a dog park.
with the following result:
AYES: Jolly, White, Bahr, Meakin, Kritzman, Brosnan and McIntyre
NAYS: None
The President declared the resolution adopted.
On a motion by Kritzman, supported by Brosnan, and unanimously
adopted, it was:
Regular Meeting Minutes of December 5, 2016 40029
#454-16 RESOLVED, that having considered communications from
the Superintendent of Parks and Recreation, dated November 3, 2016
and November 30, 2016, which bear the signature of the Director of
Finance and are approved for submission by the Mayor, in connection with
a request to establish a location for a dog park in a joint effort with
Tailwaggers at Bicentennial Park, specifically Soccer Field 1, south of the
east tennis courts and north of the fire station, the Council does hereby
refer this item to the Infrastructure and Community Transit Committee for
its report and recommendation regarding the subject of the way that the
City catalogs its infrastructure.
On a motion by White, supported by Jolly, and unanimously adopted, it
was:
#455-16 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated October 5, 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
November 9, 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. Accept and approve said statement in all respects;
2. Determine to make the improvement consisting of the installation
of 52-watt LED lights with Colonial Luminaires with underground
wiring in the Arbor Trail Estates Site Condominiums, located North
of Ann Arbor Trail, between Wayne Road and Newburgh 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 October 5, 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-
Regular Meeting Minutes of December 5, 2016 40030
Lots 1 to 19, both inclusive of the Arbor Trail Estates Condominium,
as recorded in the Wayne County Condo Plan No. 1046, Liber
52790, Pages 1347 — 1397, Wayne County Records, said
development being part of the S.E. '/4 of Section 32, T.1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan.
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 October 5, 2016; and
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.
President McIntyre related an experience she had with a Rizzo employee who
helped her in the process of catching her dog who had gotten loose and thanked
the individual for going above and beyond.
There was no Audience Communication at the end of the meeting.
On a motion by Jolly, supported by Bahr, and unanimously adopted, this
1,814th Regular Meeting of the Council of the City of Livonia was adjourned at
7:52 p.m. on December 5, 2016.
Susan M. Nash
City Clerk