HomeMy WebLinkAboutMINUTES 2018-07-23
REV 8-8-18
40635
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FIFTY-THIRD
REGULAR MEETING OF JULY 23, 2018
On July 23, 2018 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by
President Laura Toy at 7:00 p.m. Councilmember Kathleen McIntyre led the
meeting in the Invocation.
Roll was called with the following result: Kathleen McIntyre, Brian
Meakin, Jim Jolly, Brandon Kritzman, Cathy White and President Laura Toy.
Absent: Scott Bahr.
Elected and appointed officials present: Mark Taormina, Director
of Planning and Economic Development; Todd Zilincik, City Engineer; Mike
Fisher, Assistant City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director
of Legislative Affairs; Don Rohraff, Director of Public Works; Steve Makie,
Superintendent of Building Maintenance; Lynda Scheel, Treasurer; and Mayor
Dennis Wright.
On a motion by Jolly, supported by McIntyre, and unanimously
adopted, it was:
#259-18 RESOLVED, that the minutes of the 1,852nd
Regular Meeting of Council held July 9, 2018 are
approved as presented.
Meakin stated there was one retirement in the month of June, that being
Mark Raitanen, Sign Foreman in the DPW, after thirty years of service. He
wished him the best in his retirement.
th
McIntyre wished her son Patrick a Happy 15 birthday coming up on Wednesday.
th
She also stated that Janice Newsome passed away July 10 and spoke about
her contributions to the community.
40636
Regular Meeting Minutes of July 23, 2018
McIntyre stated that last week she and other Councilmembers received an
anonymous letter about putting in a dog park and taxes going up and that she
expressed that the Council is always available to speak to people and can
address issues, that the letter does not need to be anonymous.
A moment of silence was held for Janice Newsome.
President Toy announced there is New Data on Items 10, 18, 20, 21 and 25.
There was no Audience Communication at the beginning of the meeting.
A communication from the Department of Finance, dated June 20, 2018, re:
forwarding various financial statements of the City of Livonia for the month ending
May 31, 2018, was received and placed on file for the information of the Council.
On a motion by Jolly, supported by White, it was:
#260-18 RESOLVED, that having considered an application from
Katie Taylor, 32952 Summers, Livonia, MI 48154, dated June 29, 2018,
requesting permission to close Summers Street, between Mayfield and
Westmore, on Saturday, August 4, 2018, from 4:30 p.m. to 10:00 p.m., for
the purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Saturday, August 11, 2018, in the event of inclement weather,
the action taken herein being made subject to the approval of the Police
Department.
#261-18 RESOLVED, that having considered an application from
Mary Beth Morris, 33110 Oregon, Livonia, MI 48150, dated June 13, 2018,
requesting permission to close Woodring Street, between Oregon and
Vermont, on Saturday, August 11, 2018, from 2:00 p.m. to 10:00 p.m. for
the purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made subject to
the approval of the Police Department.
#262-18 RESOLVED, that having considered an application from
Chris Nicholson, 34724 Fairfax Drive, Livonia, MI 48152, dated June 28,
2018, requesting permission to close Fairfax Drive cul-de-sac in
Bicentennial Estates, on Saturday, August 11, 2018, from 4:00 p.m. to
8:00 p.m., for the purpose of conducting a block party, the Council does
hereby grant permission as requested, including therein permission to
conduct the said affair on Sunday, August 12, 2018, in the event of
inclement weather, the action taken herein being made subject to the
approval of the Police Department.
40637
Regular Meeting Minutes of July 23, 2018
#263-18 RESOLVED, that having considered an application from
Caren Shatter, 15642 Sussex, Livonia, MI 48154, dated June 14, 2018,
requesting permission to close Sussex Street, between Fitzgerald and
Sherwood, on Saturday, September 8, 2018, 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 requested, including therein permission to conduct
the said affair on Sunday, September 9, 2018, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#264-18 RESOLVED, that having considered a communication from
the City Engineer, dated June 13, 2018, approved for submission by the
Mayor, to which is attached a letter from Piotr Jedrzejowski, 15930
Oportro Street, Livonia, MI 48154, dated June 13, 2018, requesting a
waiver of the sidewalk requirement in front of the single family home to be
constructed at 16135 Henry Ruff, in the NW 1/4 of Section 14, the Council
does hereby approve this request inasmuch as omitting the sidewalk on
the subject property would have no detrimental effect upon the
neighboring properties at this time due to the lack of other public sidewalks
existing within the neighboring area; FURTHER, the Council does hereby
reserve the right to require sidewalks at this location in the event that
additional sidewalks are installed in this area at some future date.
#265-18 RESOLVED, that having considered a communication from
the Mayor, dated June 25, 2018, wherein he has requested approval of
the appointment of Stephanie V. Roehl, Consumers Energy, 11801
Farmington Road, Livonia, Michigan 48150, to the Livonia Plymouth Road
Development Authority as a Business /Property Owner in the District to fill
the unexpired term of Greg Meyer for a term which shall expire on May
16, 2021, pursuant to Section 3.16.060 of the Livonia Code of Ordinances,
as amended, and Act No. 197 of the Public Acts of Michigan of 1975, as
amended, the Council does hereby confirm and approve such
appointment provided that Ms. Roehl takes the oath of office as required
in Section 2, Chapter X of the City Charter, to be administered by the
Office of the City Clerk.
#266-18 RESOLVED, that having considered a communication from
the Director of the Livonia Housing Commission, dated June 25, 2018,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which submits a bid received in connection
with the sale of City-owned property purchased from the State of Michigan
utilizing Federal Community Development Block Grant (CDBG) Program
funds regarding the single home located at 29149 Morlock, the Council
does hereby accept the bid and authorizes the sale of the aforesaid City-
owned property to Nawal Saleem Aqoni, 18301 Deering, Livonia, MI
48152, for a total purchase price of $100,000.00, having been the highest
40638
Regular Meeting Minutes of July 23, 2018
bid actually received, the actions herein being taken in order to best serve
the interests of the community; FURTHER, the total proceeds of such sale
shall be allocated to the Community Development Block Grant (CDBG)
Program as program income; and the Mayor and City Clerk are hereby
requested to execute a quit claim deed and such other documents as may
be necessary or incidental to fulfill the purpose of this resolution; and the
Department of Law is hereby requested to prepare and place in proper
form such legal documents as may be necessary to consummate this
transaction; and the City Clerk is hereby requested to have said quit claim
deed 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.
#267-18 RESOLVED, that having considered a communication from
the Human Resources Director, dated June 21, 2018, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, and which sets forth Civil Service Resolution #18-101, adopted
on June 20, 2018, wherein the Commission recommended approval to
increase the wages for Seasonal Laborers, effective January 1, 2019,
with the following recommended rate schedule:
2017-2018 (Current 2018-2019 (Proposed
Wage) Wage)
First Season $10.40 $11.00
Second Season $10.65 $11.50
Third + Season $10.90 $12.00
THE COUNCIL DOES HEREBY CONCUR AND APPROVE OF THE
AFORESAID ACTION.
#268-18 RESOLVED, that having considered a communication from
the Human Resources Director, dated June 21, 2018, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which sets forth Civil Service Resolution #18-98, adopted on
June 20, 2018, wherein the Commission recommended approval of an
hourly rate increase for legal services provided to the City of Livonia by
the firm of Keller Thoma from $120.00 per hour to $140.00 per hour, the
Council does hereby concur in and approve of the aforesaid action.
An email communication from Don Rohraff, Director of Public Works,
dated July 11, 2018, re: RFP Proposal Form Fresh Air Intake Room from
DiClemente Siegel, was received and placed on file for the information of the
Council.
40639
Regular Meeting Minutes of July 23, 2018
#269-18 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated June 15, 2018,
which bears the signature of the Director of Finance, and is approved for
submission by the Mayor, to which is attached a form of proposal from
OHM Advisors, along with an analysis of proposals received for repairs to
the Bennett Library fresh air intake room, the Council does hereby accept
the bid of OHM Advisors, 34000 Plymouth Road, Livonia, MI 48150 for
consultant services in connection with the Bennett Library Fresh Air Intake
Room Repairs, the same having been in fact the lowest bid received which
meets all specifications; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $31,000.00 from Account No.
401-000-971-000 (Capital Improvement) for this purpose; FURTHER, the
Council does hereby authorize the Mayor and City Clerk, for and on behalf
of the City of Livonia, to execute the attached Agreement, subject to
approval as to form and substance by the Department of Law, between
the City of Livonia and OHM Advisors, and to do all other things necessary
or incidental to the full performance of this resolution.
#270-18 RESOLVED, that having considered a communication from
the Director of Public Works, dated June 27, 2018, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, to which is attached a communication from the Fleet Manager,
dated May 30, 2018, the Council does hereby authorize the purchase of
two (2) 2019 Freightliner Single Axle Dump trucks and one (1) 2019
Freightliner Tandem Axle Dump Truck , through the Rochester Hills Co-
Op Award Agreement (RHP-RH-13-30) Program, as replacement vehicles
in the Public Service Division’s Fleet, from Wolverine Freightliner, 107 S.
Groesbeck, Mt. Clemens, Michigan 48043, at a cost of $90,678.00 each
for the single axle dump trucks and $105,440.00 for the tandem axle dump
truck, for a total cost of $286,796.00, and the outfitting of said vehicles by
Truck and Trailer Specialties, Inc., 1200 Victory Drive, Howell, Michigan
48843, at a cost of $97,555.00 and $93,190.00, respectively, for the single
axle dump trucks and $106,539.00 for the tandem axle dump truck, for a
total outfitting cost of $297,284.00, for a grand total not to exceed
$372,101.00 for two (2) 2019 single axle Freightliner Dump Trucks fully
outfitted and $211,979.00 for one (1) 2019 Freightliner Tandem Axle
Dump Truck fully outfitted; FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $584,080.00 from funds
already budgeted in Account No. 401-000-985-010 (Capital Outlay) for the
purchase and outfitting of said vehicles; FURTHER, the Council does
hereby determine to authorize the said purchase without competitive
bidding inasmuch as the same is based upon the low Rochester Hills Co-
Op pricing; and no advantage to the City would result from competitive
bidding 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; FURTHER, the Council does hereby authorize the disposal of
the replaced vehicles at public auction after receipt of the new vehicles.
40640
Regular Meeting Minutes of July 23, 2018
#271-18 RESOLVED, that having considered a communication from
the Director of Public Services, dated June 20, 2018, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby authorize the purchase from Etna Supply
nd
Company, 529 32 Street, S.E., Grand Rapids, Michigan 49548, of 4,000
water meter end points at the discounted unit price of $135.00 per unit, for
a total amount not to exceed $540,000.00; FURTHER, the Council does
hereby authorize such expenditure from funds already budgeted in
Account No.: 592-559-787-040 of the Water and Sewer Fund for this
purpose; FURTHER, the Council does hereby determine to authorize the
purchase of said items 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.
#272-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 27, 2018, approved for
submission by the Mayor, which transmits its resolution #06-39-2018,
adopted on June 26, 2018, with regard to Petition 2018-05-02-12,
submitted by Wade Shows, Inc., 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 August 9, 2018 through August
12, 2018, 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
2018-05-02-12 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 Thursday, August 9, 2018 through Sunday,
August 12, 2018, inclusive;
2. That the proposed carnival operation shall be confined to the area
as illustrated on the aerial layout plan as received by the Planning
Commission on May 23, 2018;
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 sixty feet (60’) 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
40641
Regular Meeting Minutes of July 23, 2018
within the extreme southwestern portion of the Sears parking lot,
but no closer than sixty feet (60’) from the Seven Mile Road right-
of-way line;
5. That the hours of operation shall be limited to the following:
Thursday and Friday from 4:00 p.m. to 11:00 p.m., and on the
weekend, Saturday and Sunday from 12:00 p.m. to 11:00 p.m.; and
6. That access to fire hydrants is provided for the Fire Department.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: McIntyre, Meakin, Jolly, Kritzman, White and Toy
NAYS: None
The President declared the resolution adopted.
President Toy, as Chair of the Committee of the Whole, reported out on the
meeting of June 25, 2018.
An email communication received from Bob Sochacki, dated June 21, 2018,
re: Schoolcraft College 2018 Ballot Proposal”, was received and placed on file
for the information of the Council.
The subject matter of the Schoolcraft Community College millage, scheduled to
be on the November 2018 ball, for a representative of the College to further
explain the millage. (CR 220-18)
This item will be out of Committee.
The Facility Naming Guidelines, approved by the Parks and Recreation
Commission on May 2, 2018, was received and placed on file for the information
of the Council.
The subject of establishing policies, procedures and/or ordinances with respect
to the naming of City-owned property. (CR 478-09)
This item will remain in Committee.
40642
Regular Meeting Minutes of July 23, 2018
The subject matter of the Schoolcraft Community College millage, scheduled to
be on the November 2018 ballot, for a representative of the College to further
explain the millage. (CR 220-18)
White gave first read to the following ordinance:
AN ORDINANCE AMENDING SECTION 28 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
SECTON 3.___________ THERETO. (Petition 2018-03-01-04)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting.
White took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING CHAPTER 100 (THE LIVONIA
CABLE TELEVISION REGULATORY ORDINANCE) OF TITLE 2
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: McIntyre, Meakin, Jolly, Kritzman, White and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Meakin took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SECTION 17 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OR ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED
AS “THE CITY OF LIVONIA ZONING ORDINANCE”, BY ADDING
SECTION 3.__ THERETO. (Petition 2018-01-01-01)
40643
Regular Meeting Minutes of July 23, 2018
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: McIntyre, Meakin, Jolly, Kritzman, White and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
An email communication from Mark Taormina, Director of Planning and
Economic Development, dated July 19, 2018, forwarding an email
communication from Greg Donnan to Enrico Soave, dated July 19, re: Petition
2018-05-02-13, was received and placed on file for the information of the Council.
The survey regarding Lot 206 Kingsbury Heights Subdivision No. 3,
received by Council at the July 9, 2018 Study Meeting, re: Petition 2018-05-02-
13, was received and placed on file for the information of the Council.
On a motion by Kritzman, supported by McIntyre, it was:
#273-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 27, 2018, approved for
submission by the Mayor, which transmits its resolution #06-40-2018,
adopted on June 26, 2018, with regard to Petition 2018-05-02-13,
submitted by Kucyk, Soave & Fernandes, P.L.L.C., to develop a Planned
Residential Development under the Single-Family Clustering option
(Heritage Square), consisting of 50 site condominium lots, on properties
located at the east side of Newburgh Road between Five Mile and Six Mile
Roads (36900 and 36910 Mallory Drive; former Clay Elementary School
site, and 16600 Newburgh Road and a portion of 16700 Newburgh Road),
in the Northwest ¼ of Section 17, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2018-05-02-13 is hereby approved and granted, subject to the following
conditions:
1. That the Master Deed and bylaws complies with the requirements
of Article XX, Section 20.01-20.06 of Zoning Ordinance #543, as
amended, and the Subdivision Control Ordinance, Title 16, Chapter
16.04-16.40 of the Livonia Code of Ordinances, subject to the
following modifications and exceptions:
40644
Regular Meeting Minutes of July 23, 2018
- that each condominium unit shall be brick or stone, on all
four (4) sides, and the total amount of brick or stone shall
not be less than 80%;
- that the minimum floor area for each dwelling shall not be
less than 1,500 square feet;
- that all exterior chimneys shall be brick;
- that the dedication of public open space for parks and
recreational use pursuant to Section 16.24.270 is hereby
waived;
2. That the Preliminary Site Plan identified as Sheet 1 dated May 4,
2018, as revised, prepared by Arpee/Donnan, Inc., is hereby
approved and shall be adhered to;
3. That the Landscape Planting Plan and Landscape Notes and
Details identified as LP-1 and LP-2, respectively, both dated May
29, 2018, prepared by Nagy Devlin Land Design, are hereby
approved and shall be adhered to;
4. That underground irrigation shall be provided for all common open
space areas, but not including those areas of the detention ponds
and forebay located below the 678-contour line as depicted on the
Preliminary Site Plan;
5. That streetlights and sidewalks shall be installed throughout the
development to the satisfaction of the Engineering Department;
6. In the event of a conflict between the provisions set forth in the
Master Deed and bylaws and the requirements set forth in the City
of Livonia Zoning Ordinance No. 543, as amended, the Zoning
Ordinance requirements shall prevail and petitioner shall comply
with the Zoning Ordinance requirements;
7. That the petitioner shall include language in the Master Deed and
bylaws or a separate recordable instrument wherein the
condominium association shall reimburse the City of Livonia for any
maintenance or repair costs incurred for the storm water
detention/retention and outlet facilities;
8. That only a conforming entrance marker is approved with this
petition, and any additional signage shall be separately submitted
for review and approval by the Zoning Board of Appeals;
40645
Regular Meeting Minutes of July 23, 2018
9. That the petitioner shall secure the necessary storm water
management permits from the City of Livonia Engineering Division;
10. That all required cash deposits, certified checks, irrevocable bank
letters of credit and/or surety bonds which shall be established by
the City Engineer pursuant to Article XVIII of Ordinance No. 543,
Section 18.66 of the ordinance, shall be deposited with the City
prior to the issuance of engineering permits for this site
condominium development;
11. 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; and
12. That the Developer and Condominium Association shall implement
an effective and ongoing mosquito control program as approved by
the Department of Public Works. The program shall be included in
the Master Deed and Condominium Bylaws and shall describe
maintenance operations and larvicide applications.
Following discussion by Council and with comments from the following people in
the audience:
Sue Tranquilla, 16823 Fitzgerald
Stuart Moyer, 37202 Munger
Sandy McDonald, 37124 Munger
John White, 37540 Bloomfield
Enrico Soave, Petitioner, responded to the comments.
Todd Zilincik, City Engineer, also addressed the comments.
Mark Taormina, Director of Planning and Economic Development, also
addressed the comments.
Councilmember Kritzman and Vice President Jolly addressed the issue of the
fence and deferred the question to Assistant City Attorney Fisher who responded.
Enrico Soave, Petitioner, responded to the fence comments.
Vice President Jolly also spoke on the fence comments.
Following further discussion and comments a roll call vote was taken on the
motion by Kritzman, supported by McIntyre, with the following result:
40646
Regular Meeting Minutes of July 23, 2018
AYES: McIntyre, Meakin, Jolly, Kritzman, White and Toy
NAYS: None
The President declared the resolution adopted.
On a motion by Meakin, supported by White, and unanimously adopted,
it was:
#274-18 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated June 27, 2018,
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
Professional Thermal Systems, Inc., 734 S. Michigan Avenue, Howell, MI
48843, for performing all work required in connection with the
replacement of City Hall Air Handling Units #1 and #2, for a total amount
not to exceed $488,000.00, the same having been in fact the lowest bid
received which meets all specifications; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $488,000.00
from funds already budgeted in Account No. 401-000-987-000 (Capital
Improvement) for this purpose; and the Mayor and City Clerk are hereby
authorized to execute a contract, subject to approval 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.
Don Rohraff, Director of Public Works, addressed the above item.
A correspondence from the Department of Finance, dated July 18, 2018,
re: Delinquent Water Bill Balance 30931 Seven Mile Road, was received and
placed on file for the information of the Council.
On a motion by Jolly, supported by Meakin, and unanimously adopted, it
was:
#275-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 25, 2018, approved for
submission by the Mayor, which transmits its resolution #05-31-2018,
adopted on May 22, 2018, with regard to Petition 2018-04-02-09,
submitted by Allyson Andrews, to operate a child day care center
(Andrews Angels Academy) on the south side of Seven Mile Road
between Purlingbrook and Merriman Roads (30931 Seven Mile Road) in
40647
Regular Meeting Minutes of July 23, 2018
the Northwest ¼ of Section 11, the Council does hereby refer this item to
the Committee of the Whole for its report and recommendation.
Allyson Andrews, Petitioner, was present to address the above item.
Albert DeSantis, 22349 Antler Drive, property owner stated that the water bill
has been paid and that he had a receipt and the taxes aren’t due until
September.
Exterior elevations plan identified as Sheet A-1, dated July 16, 2018, re:
Petition 2018-05-08-04, was received and placed on file for the information of
the Council.
On a motion by Meakin, supported by Jolly, and unanimously adopted, it
was:
#276-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 7, 2018, which transmits its
resolution #06-37-2018, adopted on June 5, 2018, with regard to Petition
2018-05-08-04, submitted by Ayar Construction, to modify the exterior
appearance of the existing party store (Levan Wine Shop), located on the
southeast corner of Plymouth and Levan Roads (36217 Plymouth Road),
in the Northeast ¼ of Section 32, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2018-05-08-04
is hereby approved and granted, subject to the following conditions:
1. That the exterior modifications as depicted on the exterior
elevations plan identified as Sheet A-1 dated July 16, 2018, as
revised, prepared by CJP Engineering & Design, LLC, is hereby
approved and shall be adhered to, except that color renderings
showing earth tone colors for the materials shall be submitted to
City Council prior to the Study Meeting;
2. That the Site Plan identified as Sheet SP-1, dated June 11, 2018,
as revised, prepared by CJP Engineering & Design, L.L.C., is
hereby approved and shall be adhered to;
3. 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;
4. That the parking lot shall be repaired and restriped as necessary to
the satisfaction of the Inspection Department. Parking spaces shall
40648
Regular Meeting Minutes of July 23, 2018
be doubled striped at ten feet (10’) wide by twenty feet (20’) in
length;
5. That all light fixtures shall be repaired or replaced as necessary to
the satisfaction of the Inspection Department. 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;
6. That only conforming wall signage is approved with this petition;
7. That no LED light band or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows;
8. That a fully detailed landscape plan and a plan to enclose the site’s
trash dumpster shall be submitted for approval to the Planning
Commission within sixty (60) days following approval of this petition
by the City Council;
9. 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;
10. That the ice machine and propane exchange containers be moved
to the west side of the building;
11. That all excess window signage shall be removed;
12. That all debris and magazine racks shall be removed from the site;
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.
A correspondence from the Department of Finance, dated July 18, 2018,
re: Delinquent Water Bill Balance at 34405, 34401, 34407 Ann Arbor Trail, was
received and placed on file for the information of the Council.
40649
Regular Meeting Minutes of July 23, 2018
On a motion by Meakin, supported by Jolly and unanimously adopted, it
was:
#277-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 24, 2018, which transmits its
resolution 05-30-2018, adopted on May 22, 2018, with regard to Petition
2018-02-01-03, submitted by Cross Winds Court, to rezone the properties
located on the south side of Ann Arbor Trail between Norwich Avenue and
Wayne Road (34405, 34401, and 34407 Ann Arbor Trail) in the Southwest
1/4 of Section 33, from R-U-F (Rural Urban Farm), to R-1 (One Family
Residential), and the Council having conducted a public hearing with
regard to this matter on Monday, June 25, 2018, the Council does hereby
approve Petition 2018-02-01-03, for preparation of the ordinance for
submission to Council; and the City Planner is hereby instructed to cause
the necessary map for publication to be prepared indicating the zoning
change herein approved and to furnish the same to the Department of
Law and, upon receipt of such map, the Department of Law is requested
to prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution; FURTHER, that the petitioner shall enter
into a conditional agreement wherein the petitioner voluntarily offers the
following:
1. That the house and garage on Parcel A shall be removed within 60
days of final approval;
2. That a two-car garage and new porch on the existing house shall
be constructed on Parcel B within 60 days of final approval;
3. That all fencing and debris shall be removed on Parcel C within 60
days of final approval; and
4. That the existing house and garage on Parcel C shall be
demolished and removed by November 30, 2019.
On a motion by Jolly, supported by Kritzman, and unanimously adopted,
it was:
#278-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 23, 2018, which transmits its
resolution 05-33-2018, adopted on May 22, 2018, with regard to Petition
2018-04-06-01, pursuant to Council Resolution #145-18, and Section
23.01(a) of Zoning Ordinance No. 543, as amended, proposing to amend
Section 9.03(j) of Article IX and Section 10.03(d) of Article X in order to
remove the requirement for the written consent of fifty-five (55) percent of
40650
Regular Meeting Minutes of July 23, 2018
the residential property owners within a four hundred (400) foot radius of
the property lines of the proposed day care nursery as part of waiver use
approval for day care nurseries in OS and C-1 Zoning Districts, and the
Council having conducted a public hearing with regard to this matter on
Monday, June 25, 2018, the Council does hereby approve Petition 2018-
04-06-01, for preparation of the ordinance for submission to COUNCIL;
and the Department of Law is requested to prepare an ordinance
amending Section 9.03(j) of Article IX and Section 10.03(d) of Article X of
Zoning Ordinance 543, as amended, in accordance with this resolution.
On a motion by McIntyre, supported by Meakin, and unanimously adopted,
it was:
#279-18 RESOLVED, that having considered the request of
Councilmember, Kathleen McIntyre, at the Study Meeting held July 9,
2018, regarding the subject matter of the ballot proposal for legalization of
recreational marijuana, the Council does hereby refer this item to the
Public Safety, Health and Environment Committee for its report and
recommendation.
Councilmember McIntyre spoke on her rationale for sending this item to
Committee.
An email communication from Joseph Olson, dated July 20, 2018, re:
Kathy Wasil’s request to host a Hawaiian Luau party at her home located at
10580 Laurel Street on Saturday August 4, 2018, was received and placed on
file for the information of the Council.
On a motion by Kritzman, supported by McIntyre, it was:
RESOLVED, that having considered an email communication from
Kathy Wasil, dated July 18, 2018, which requests permission to waive
Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as
amended, for the purpose of hosting a Hawaiian Luau party at her home
located at 10580 Laurel Street, from 4:00 p.m. to 12:00 a.m. on Saturday,
August 4, 2018, the Council does hereby determine to waive Section
8.32.070 (Noise Control) of the Livonia Code of Ordinances between the
hours of 4:00 p.m. to 12:00 a.m. on Saturday, August 4, 2018.
Kathleen Wasil, 10580 Laurel Street, was present for this item and stated this
was a traditional party that her and her husband would have but he passed away
four months ago and she decided to have one in his honor but that the neighbor
always called the police so she is coming before Council with her request.
40651
Regular Meeting Minutes of July 23, 2018
Kritzman stated this is an item that had come before council multiple times and
that there are difficulties between the neighbors and hard for Council all things
taken into consideration.
McIntyre extended condolences to Ms. Wasil on her loss. she inquired why a
noise ordinance was required for her event and Wasil responded she was doing
it proactively so as to not have the police called and further discussion was held.
President Toy asked if anyone in the audience wished to speak on the matter.
Joseph Olson, 10632 Laurel Street, stated that he lives next door to the Wasils
and spoke about the history of their relationship which eventually led to a legal
agreement between the parties.
Jolly offered a Friendly Amendment to the maker and supporter of the motion
that the noise waiver be granted but only until 9:30 p.m., which would allow for
both parties to be accommodated in their requests.
Kritzman asked for clarification of the ordinance of 55 decibels of noise up to
10:00 p.m. and then 35 decibels of noise thereafter and Fisher responded that
it sounds right to him. Kritzman continued the agreement between the two
parties allows for 55 decibels up to 11:00 p.m. and Taormina responded in the
affirmative. Kritzman stated he doesn’t believe in his opinion it’s the Council’s
place to do something more stringent than what Olson is being asked to enforce.
Jolly expounded on the agreement and Kritzman stated that pursuant to the
agreement it allows for activities up to 55 decibels up to 10:00 p.m. Sunday
through Thursday and 11:00 p.m. Friday and Saturday in accordance with the
ordinances.
Kritzman rejected the Friendly Amendment and stated that the time be amended
to 11:00 p.m. on the original approving resolution which is in accordance with the
agreement that they originally executed.
White stated she remembered denying this request before and stated she would
not be in approval of this waiver.
Wasil replied to the comments made by Olson.
Jolly stated the police report from July 17, 2016 was included in the packet and
says that the original call complaining about the noise was 1:22 a.m. followed by
a second call at 1:28 a.m.; third call at 1:29 a.m. and a fourth call at 2:08 a.m.
Following discussion by Council a roll call vote was taken on the original motion
by Kritzman, supported by McIntyre,
40652
Regular Meeting Minutes of July 23, 2018
RESOLVED, that having considered an email communication from
Kathy Wasil, dated July 18, 2018, which requests permission to waive
Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as
amended, for the purpose of hosting a Hawaiian Luau party at her home
located at 10580 Laurel Street, from 4:00 p.m. to 12:00 a.m. on Saturday,
August 4, 2018, the Council does hereby determine to waive Section
8.32.070 (Noise Control) of the Livonia Code of Ordinances between the
hours of 4:00 p.m. to 12:00 a.m. on Saturday, August 4, 2018.
with the following result:
AYES: Kritzman and Toy
NAYES: Meakin, Jolly, White and McIntyre
The President declared the resolution failed for lack of support.
There was no Audience Communication at the end of the meeting.
On a motion by Meakin, supported by Jolly, and unanimously adopted,
this 1,853rd Regular Meeting of the Council of the City of Livonia was adjourned
at 8:23 p.m. on July 23, 2018.
_____________________
Susan M. Nash, City Clerk