HomeMy WebLinkAboutMINUTES 2018-11-19
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SIXTY-FIRST
REGULAR MEETING OF NOVEMBER 19, 2018
On November 19, 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. Jim Jolly led the meeting in the Pledge with
Daisy Troop #76853 from Hoover Elementary .
Roll was called with the following result: Jim Jolly, Brandon Kritzman,
Scott Bahr, Cathy White, Kathleen McIntyre (arrived 7:03 p.m.), Brian Meakin,
and President Laura Toy. Absent: None.
Elected and appointed officials present: Mark Taormina, Director of
Planning and Economic Development; Todd Zilincik, City Engineer; Paul
Bernier, City Attorney; Lori L. Miller, Deputy City Clerk; Lynda Scheel, Treasurer;
Judy Priebe, Director of Legislative Affairs; Michael Slater, Director of Finance;
Linda McCann, Director of Community Resources; and Mayor Dennis Wright.
On a motion by White, supported by Jolly, it was:
#384-18 RESOLVED, that the minutes of the 1,860th
Regular Meeting of Council held November 7, 2018 are
approved as presented.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jolly, Kritzman, Bahr, White, Meakin and Toy
NAYS: None
The President declared the resolution adopted.
Councilmember Bahr presented a commendation to Dale Campbell for her years
of service on the Zoning Board of Appeals. (Ms. Campbell was not present at
the meeting.)
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Regular Meeting Minutes of November 19, 2018
Councilmember McIntyre thanked Dale Campbell for her dedication and hard
work and service on the Zoning Board of Appeals.
President Toy announced that there will be a Public Hearing being held on
November 26, 2018 at 7:00 p.m. in the Auditorium of City Hall, 33000 Civic
Center Drive, on the following matter:
Appeal of the denial of the Planning Commission regarding Petition 2018-08-02-
18 submitted by Comfort Care Senior Living, requesting waiver use approval to
construct and operate a senior assisted living facility, located on the north side
of Plymouth Road between Farmington and Stark Roads (34020 Plymouth
Road), in the Southeast ¼ of Section 28.
President Toy stated there is New Data on Item #24.
During Audience Communication the following people addressed Council to
speak about the proposed Planned Parenthood location on Farmington Road:
Benjamin Craft, 28990 Lancaster Street
Lynn Mills, 38415 Plymouth Road
Monica Miller, professor at Madonna University
Elizabeth Hool, 35471 Oakdale
Betsy Calhoun, 33023 Grennada
Joanne Moening, 16220 Quakertown Lane
Tim Schmitt, 32940 Lyndon
Robert Thomas, 11215 W. Clements Circle
Kathy Phillips, 18766 Susanna Drive, Livonia
Kay Thomas, 11215 W. Clements Circle
Sister Lois Marie, 36800 Schoolcraft, Livonia
City Attorney Bernier responded to legality of zoning and permitted uses.
A communication from the Department of Finance dated October 22,
2018, re: forwarding various financial statements of the City of Livonia for the
month ending September 30, 2018, was received and placed on file for the
information of the Council.
On a motion by Jolly, supported by Bahr, it was:
#385-18 RESOLVED, that having considered a communication from
the City Engineer, dated October 16, 2018, approved for submission by
the Mayor, to which is attached a letter from Eric N. Conn, dated October
11, 2018, requesting a waiver of the sidewalk requirement in front of the
single-family home located at 30069 Munger, in the NW ¼ of Section 14,
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Regular Meeting Minutes of November 19, 2018
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 relative 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.
#386-18 RESOLVED, that having considered a communication from
the Director of the Livonia Housing Commission, dated October 18, 2018,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, to which is attached for renewal the Lease
Agreement between the City of Livonia and the Livonia Housing
Commission for the ten-year period ending September 1, 2019, pertaining
to the City property located at 10800 Farmington Road, which houses the
administrative offices for two federal housing programs, the Community
Development Block Grant Program (CDBG) and the Housing Choice
Voucher rental assistance program, the Council does hereby approve a
renewal of the lease agreement between the City of Livonia and the
Livonia Housing Commission, 19300 Purlingbrook Road, Livonia,
Michigan 48152 For a period of ten (10) years, beginning September 1,
2019 through August 31, 2029, under the same terms and conditions as
set forth in the 2009 Lease Agreement, including a 30-day termination
notice by either party, except that the lease amount shall increase
September 1, 2019 by the lesser of 4% or the Consumer Price Index as
of June 30, 2019 and the Livonia Housing Commission shall assume the
future ground-lawn maintenance responsibilities at 10800 Farmington
Road; and the Mayor and City Clerk are hereby authorized to execute a
lease agreement, for and on behalf of the City of Livonia, and to do all
other things necessary or incidental to the full performance of this
resolution.
#387-18 RESOLVED, that having considered a communication from
the Fire Chief, dated October 26, 2018, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the emergency repair to Tower 1 due to a
failure in the main swivel device as a result of deterioration of the main
swivel, thus rendering the vehicle inoperable and out of service, from R&R
Fire Truck Repair, Inc., 751 Doheny Drive, Northville, MI 48167, for a total
amount not to exceed $30,000.00; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $30,000.00 from
funds already budgeted in Account No. 101-338-939-100 (Vehicle
Maintenance) for this purpose; FURTHER, the Council does hereby
authorize such action without competitive bidding for the reasons
indicated in the aforesaid communication, and such action is taken in
accordance with Section 3.04.140.D.1 of the Livonia Code of Ordinances,
as amended.
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Regular Meeting Minutes of November 19, 2018
#388-18 RESOLVED, that having considered a communication from
the Director of Community Resources, dated October 4, 2018, which
bears the signature of the Director of Finance and the City Attorney and
is approved for submission by the Mayor, to which is attached a proposed
Fiscal Year 2019 Municipal Credit Contract between SMART and the City
of Livonia for the period July 1, 2018 to June 30, 2019, with all Municipal
Credits deposited into Account No. 218-000-536-000 and used for the
Livonia Community Transit Program, the Council does hereby authorize
the Mayor and City Clerk to execute the Fiscal Year 2019 Municipal Credit
Contract between SMART and the City of Livonia and to do all other things
necessary or incidental to the full performance of this resolution.
#389-18 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources and the
Director of Public Works, dated October 17, 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 of one (1) 2019
Ford E-450 Cutaway Van, from Signature Ford, 1960 E. Main Street,
Owosso, Michigan 48867, for a total amount not to exceed $69,932.00,
the same to be expended from funds already budgeted for this purpose in
the Capital Outlay Budget for the Community Resources Department,
Account No. 218-889-985-000; 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. 071B770080 and Macomb County Contract #04-
17V.5.1, 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.
#390-18 RESOLVED, that having considered the reports and
recommendations of the Human Resources Director, dated October 25,
2018, which bear the signature of the Director of Finance and are
approved for submission by the Mayor, which transmit Civil Service
Commission resolution nos. #18-156 and #18-157, adopted on October
17, 2018, and a communication from the Director of Community
Resources, dated October 12, 2018, requesting to modify Livonia
Community Transit job classifications to better define the qualifications,
responsibilities and expectations of job descriptions to be used in the
Community Resources Transit Division and to approve a wage rate
increase over a period of three (3) years, effective December 1, 2018
through December 1, 2020, the Council does hereby concur in and
approve the recommendation of the Civil Service Commission to modify
the Livonia Community Transit job classifications and increase the wage
rate over a period of three (3) years, effective December 1, 2018 through
December 1, 2020, in accordance with the following rate schedule, with
the only benefit provided being holiday pay at the completion of 400 hours:
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Regular Meeting Minutes of November 19, 2018
PROPOSED INCREASES
4% 2% 2%
CLASSIFICATION 12/01/2017
12/01/2018 12/01/2019 12/01/2020
Bus Driver Step 1 $11.65 $12.11 $12.35 $12.60
Step 1.5 $11.84 $12.32 $12.57 $12.82
Step 2 $11.99 $12.46 $12.71 $12.96
Step 3 $12.35 $12.85 $13.11 $13.37
Step 4 $12.73 $13.23 $13.49 $13.76
New: Asst. Office Manager Step 1 $15.18 $15.79 $16.11 $16.43
Current: Asst. Grant Manager Step 1.5 $15.42 $16.04 $16.36 $16.69
Step 2 $15.64 $16.26 $16.59 $16.92
Step 3 $16.11 $16.75 $17.09 $17.43
Step 4 $16.58 $17.24 $17.58 $17.93
New: Program Office Manager Step 1 $17.17 $17.86 $18.22 $18.58
Current: Grant Manager Step 1.5 $17.41 $18.11 $18.47 $18.84
Step 2 $17.67 $18.37 $18.74 $19.11
Step 3 $18.21 $18.94 $19.32 $19.71
Step 4 $18.76 $19.51 $19.90 $20.30
New: Dispatcher I Step 1 $12.16 $12.64 $12.89 $13.15
Current: Project Leader Step 1.5 $12.32 $12.81 $13.07 $13.33
Step 2 $12.52 $13.02 $13.28 $13.55
Step 3 $12.88 $13.40 $13.67 $13.94
Step 4 $13.27 $13.80 $14.08 $14.36
New: Dispatcher II Step 1 $14.19 $14.76 $15.06 $15.36
Current: Project Coordinator Step 1.5 $14.38 $14.96 $15.26 $15.57
Step 2 $14.62 $15.20 $15.50 $15.81
Step 3 $15.06 $15.66 $15.97 $16.29
Step 4 $15.50 $16.12 $16.44 $16.77
#391-18 RESOLVED, that having considered a communication from
the Finance Director, dated October 9, 2018, approved for submission by
the Mayor, the Council does hereby authorize the establishment of a new
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special revenue fund entitled “Indigent Defense Fund (260)” for the 16
District Court to provide the required Indigent Defense Services required
under Public Act 93 OF 2013; FURTHER, the Council does hereby
authorize budget amendments to 2017-2018 and 2018-2019 fiscal year
budgets in accordance with Attachment A attached to the aforementioned
communication; and the Finance Director is hereby requested to do all
things necessary or incidental to the full performance of this resolution.
#392-18 RESOLVED, that having considered a communication from
the Director of Finance, dated October 31, 2018, approved for submission
by the Mayor, to which is attached a Grant Agreement between the
Michigan Indigent Defense Commission (MIDC) and the City of Livonia,
for grant funding available for the period October 1, 2018 through
th
September 30, 2019, to be used to assist the City of Livonia and 16
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Regular Meeting Minutes of November 19, 2018
District Court in providing services described in the approved Michigan
Indigent Defense Commission compliance plan, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of Livonia,
to execute the Grant Agreement between the Michigan Indigent Defense
Commission (MIDC) and the City of Livonia in the manner and form herein
submitted, subject to approval as to form and substance by the
Department of Law, and to do all other things necessary or incidental to
the full performance of this resolution.
#393-18 RESOLVED, that having considered the report and
recommendation from the Court Administrator and the Judges of the 16th
District Court, dated October 26, 2018, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the quote of Conti Corporation, 6417 Center
Drive, Sterling Heights, MI 48312 for the purchase of one (1) video
arraignment confidential communication system to allow for confidential
remote communication between attorneys and Defendants, for an
amount not to exceed $42,476.00; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $42,476.00 from
funds already budgeted in Account No. 260-000-987-000 for this
purpose; FURTHER, the Council does hereby determine to authorize the
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said purchase without competitive bidding inasmuch as the 16 District
Court has previous experience with Conti Corporation as its sole
technology vendor 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.
#394-18 RESOLVED, that having considered a communication from
the Director of Finance, dated October 12, 2018, which bears the
signature of the Human Resources Director and is approved for
submission by the Mayor, with regard to proposals received from
insurance carriers in connection with the City’s self-insurance program for
workers’ compensation, the Council does hereby authorize the Mayor and
City Clerk to enter into a contract for the period December 1, 2018 to
November 30, 2020, with York Risk Services Group, 645 West Grand
River, Howell, Michigan 48843, to provide the City with claims
administrative services for a total estimated premium cost of $37,896.00
in year one and $38,654.00 in year two; FURTHER, the Council does
hereby reject the bid submitted by Eagle Claims Management due to
doubts about its ability to perform as well as York Risk Services;
FURTHER, the Council does hereby authorize the Mayor and the City
Clerk to enter into a contract for the period December 1, 2018 to
November 30, 2020 with Midwest Employers Casualty Company, 14755
North Outer Forty Drive, Suite 300, Chesterfield, Missouri 63017, to
provide the City with excess insurance coverage when losses from any
one claim reach $600,000.00, for a total estimated premium cost of
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Regular Meeting Minutes of November 19, 2018
$134,298.00; said estimated cost having been in fact the sole bid received
which offers a self-insured retention of less than $750,000.00 for Police
and Fire claims; and the Director of Finance is hereby requested to do all
other things necessary or incidental to the full performance of this
resolution.
#395-18 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 9, 2018, which
is approved for submission by the Mayor, in connection with renewal
options for the City’s Liability and Property Insurance coverage, the
Council does hereby authorize the Mayor and City Clerk, for and on behalf
of the City of Livonia, to execute a contract with the Michigan Municipal
Risk Management Authority (MMRMA), 14001 Merriman Road, Livonia,
Michigan 48154, for the period December 1, 2018 to November 30, 2019,
for the City’s liability and property insurance coverage for a total premium
of $1,226,486.00 and for the period December 1, 2019 to November 30,
2020, with a premium increase to be based upon reinsurance increases
incurred by MMRMA in 2019, not to exceed eight percent (8%), as detailed
in the aforementioned report; and the Director of Finance is hereby
requested to do all other things necessary or incidental to the full
performance of this resolution.
#396-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated October 10, 2018, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the quote of Truck & Trailer Specialties, Inc.,
1200 Victory Drive, Howell, Michigan 49316 for the purchase of one (1)
variable message sign, for a total amount not to exceed $17,897.00 from
funds already budgeted in Account No. 401-000-987-000 (Capital Outlay)
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 MI-Deal bid price under
Contract No. 071B7700086 for the new purchase, 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.
#397-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated October 12, 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 Alta Equipment Company, 56195
Pontiac Trail, New Hudson, MI 48165, for the purchase of one (1) pivoting
concrete buggy, for a total amount not to exceed $16,644.00 from funds
already budgeted in Account No. 401-000-987-000 (Capital Outlay) for
this purpose; FURTHER, the Council does hereby determine to authorize
the said purchase without competitive bidding inasmuch as Alta
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Regular Meeting Minutes of November 19, 2018
Equipment Company is the sole source provider of the pivoting concrete
buggy 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.
#398-18 RESOLVED, that having considered a communication from
the Superintendent of Public Service and the Director of Public Works,
dated October 10, 2018, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby authorize Great Lakes Contracting Solutions, LLC (f/k/a Fiore
Enterprises, LLC), 2300 Edinburgh, Waterford, MI 48328 and Stante
Excavating, 46912 Liberty Drive, Wixom, Michigan 48393, to provide
snow removal services for city streets during the 2018-2019, 2019-2020
and 2020-2021 snow seasons 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 August 28, 2018 (Great Lakes
Contracting Solutions, LLC f/k/a Fiore Enterprises, LLC) and October 8,
2018 (Stante Excavating), said proposals being the only proposals
received; FURTHER, the Council does hereby authorize the expenditures
for such services from funds already budgeted in Account No. 101-463-
818-022 (Road Maintenance Contractual Services) for this purpose.
#399-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 26, 2018, which
bears the signature of the Director of Public Works and the Director of
Finance, and is approved for submission by the Mayor, the Council does
hereby approve the 2019 Road Repair Program as proposed by the
Department of Public Works and as reviewed by the Citizens Advisory
Committee on roads for the seventh year of the ten-year road paving
millage approved by Livonia residents, as shown in the attachment to that
report.
#400-18 WHEREAS, the City of Livonia believes quality roads are a
vital part of any community; and
WHEREAS, the City of Livonia has a Citizens Advisory Committee on
Roads which identifies City streets most in need of repair in order to
prioritize repairs; and
WHEREAS, said Committee has also observed the deterioration of
County roads in Livonia; and
WHEREAS, said Committee has identified certain improvements in the
jurisdiction of the Wayne County Department of Public Service (WCDPS)
which are necessary to increase traffic safety and to encourage economic
development; and
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WHEREAS, said improvements are, in order of priority:
1. Resurfacing the intersection of Merriman Road and Five Mile Road
and potentially developing a dedicated right-turn lane for northbound
Merriman Road at Five Mile Road; and
2. Reconstructing Farmington Road from Plymouth Road to
Orangelawn, including widening the northbound lanes to allow for a
designated center-turn lane and to accommodate a right-turn/through
lane; and
3. Repaving the segment of Merriman Road (Plymouth to Schoolcraft
Road) sooner than 2020 and adding either the portion from Schoolcraft to
Five Mile Road or the portion from Plymouth Road to Joy Road; and
4. Resurfacing Farmington Road (Six Mile Road to Seven Mile
Road); and
5. Resurfacing the intersection of Middlebelt Road and Five
Mile Road; and
6. Reviewing the concrete median on Middlebelt Road from
Schoolcraft to Plymouth to improve the safety of the road and eliminate
the deterioration and concrete debris, along with any necessary
maintenance to Middlebelt Road; and
WHEREAS, the Citizens Advisory Roads Committee has advised that the
roads identified above are in critical need of repair;
NOW, THEREFORE, BE IT RESOLVED, that City Council hereby accepts
the report of the Citizens Advisory Roads Committee and directs the City
Clerk to deliver this resolution to Wayne County Executive Warren Evans,
Wayne County Department of Public Service Engineering and Roads
Division, and Wayne County Commissioners Diane Webb and Terry
Marecki.
#401-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 26, 2018, submitted
pursuant to Council Resolution 365-16, which bears the signature of the
Director of Public Works, the Director of Finance and the City Attorney,
and is approved for submission by the Mayor, to which is attached a
proposed amendment to the Engineering contract between the City of
Livonia and Anderson, Eckstein and Westrick, Inc., 51301 Schoenherr
Road, Shelby Township, Michigan 48315 for the 2019 Concrete Road
0Repair Program (Contract 19-C), the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
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the attached contract amendment between the City of Livonia and
Anderson, Eckstein and Westrick, Inc., 51301 Schoenherr Road, Shelby
Township, Michigan 48315, to provide survey and design engineering
services for the 2019 Concrete Road Repair Program (Contract 19-C) in
an amount not to exceed $184,900.00, said amount being based on the
preliminary cost estimates and subject to adjustment based on the actual
bids; FURTHER, the aforesaid proposal is accepted without competitive
bidding pursuant to Code of Ordinances Section 3.04.140.D.2.b;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $184,900.00 from funds budgeted in Account No.
204-441-818-102 (Road, Sidewalk and Tree Fund) for this purpose, and
the City Engineer is hereby authorized to approve minor adjustments in
the work as it becomes necessary but this authorization does not entitle
the City Engineer to authorize any increase in the not to exceed amount
or to contract with other parties.
#402-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 26, 2018, submitted
pursuant to Council Resolution 365-16, which bears the signature of the
Director of Public Works, the Director of Finance and the City Attorney,
and is approved for submission by the Mayor, to which is attached a
proposed amendment to the Engineering contract between the City of
Livonia and Anderson, Eckstein and Westrick, Inc., 51301 Schoenherr
Road, Shelby Township, Michigan 48315 for the 2019 Concrete Road
Maintenance/Selective Slab Program (Contract 19-J), the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City
of Livonia, to execute the attached contract amendment between
Anderson, Eckstein and Westrick, Inc., 51301 Schoenherr Road, Shelby
Township, Michigan 48315, to provide design engineering services for the
2019 Concrete Road Maintenance/Selective Slab Program (Contract19-
J) in an amount not to exceed $26,500.00, said amount being based on
the preliminary cost estimates and subject to adjustment based on the
actual bids; FURTHER, the aforesaid proposal is accepted without
competitive bidding pursuant to Code of Ordinances Section
3.04.140.D.2.b; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $26,500.00 from funds budgeted
in Account No. 204-441-818-102 (Road, Sidewalk and Tree Fund) for this
purpose, and the City Engineer is hereby authorized to approve minor
adjustments in the work as it becomes necessary but this authorization
does not entitle the City Engineer to authorize any increase in the not to
exceed amount or to contract with other parties.
#403-18 RESOLVED, that Kucyk, Soave & Fernandes, P.L.L.C., as
proprietor, having requested the City Council approve the proposed
Heritage Square Site Condominiums 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
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and a portion of 16700 Newburgh Road) in the Northwest ¼ of Section 17
of the City of Livonia (hereafter the “Condominium”), and it further
appearing that approval of the site plan for the Condominium was given
by the City Planning Commission on June 26, 2018, and by the City
Council on July 23, 2018, and it further appearing that such site plan,
together with Development Plans and Specifications for Improvements,
have been examined and approved by the Department of Public Works
as set forth in the report of that Department dated October 25, 2018; and
the City Council having approved the Master Deed on July 23, 2018, in
Council Resolution 273-18; therefore, the City Council does hereby
establish the following requirements:
(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, the conditions contained in
Council Resolution 273-18 and the regulations and specifications
of the Department of Public Works and the Development Plans
submitted by the proprietor and approved by such Department; all
such improvements to be constructed, installed, accomplished and
completed within a period of two (2) years from the effective date
of this resolution; failing this, the approval contained herein shall be
considered null, void and of no effect whatsoever;
(2) That all inspection fees and other charges due to the City of Livonia
shall be fully paid at the time and in the manner provided in the said
ordinance provisions;
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Department of Public Works, and such improvements shall not be
considered as having been satisfactorily and completely installed
until there is filed with the City Council the certificate as provided in
such ordinance provisions;
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in
the prescribed manner, all improvements required to the extent
required by the City of Livonia and as shown on the approved
Development Plans;
(5) That as a condition of obtaining final approval of the Master Deed
prior to the completion of all required improvements, the proprietor
shall file with the City of Livonia a corporate surety bond, certified
check, cash bond, irrevocable letter of credit, or other financial
assurance in such form as may be approved by the Department of
Law guaranteeing the satisfactory installation of all such
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improvements, utilities and grading by the proprietor within the
prescribed period in the following amounts:
(a) General Improvement Bond $1,044,719.00, of which
at least $104,472.00 shall be in cash
(b) Sidewalk Bond $ 107,113.00, of which
at least $ 10,000.00 shall be in cash
(c) Grade & Soil Erosion $ 9,000.00 (all cash)
Control Bond (paid 10/2/2018, receipt #6025)
(d) Landscape/Entrance Markers $ 7,500.00 (all cash)
(e) Monuments and Markers Bond $ 2,500.00 (all cash)
(f) Public Utility Bond $ 5,000.00 (all cash)
(g) Site Development Bond $ 750.00 (all cash)
(h) As-Built Drawings Bond $ 10,000.00 (all cash)
and require cash payments in addition to the above amounts, in the
total amount of $131,902.00 of which $128,777.00 is currently due.
(6) 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; and
(7) That the distribution lines for telephones and electric service are to
be placed underground and ornamental streetlights are to be
provided throughout the Condominium in accordance with City
ordinances.
A site plan Identified as Sheet C-4, dated October 26, 2018, as
revised, prepared by Hennessey Engineers, Inc., a Landscape Planting
Plan identified as Sheet LP-1, dated October 16, 2018, as revised,
prepared by Nagy Devlin Land Design, and the Preliminary Floor Plan and
Elevations identified as Sheet No. PP-3, dated October 10, 2018, as
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revised, prepared by Detroit Architectural Group, was received and placed
on file for the information of the Council.
#404-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 21, 2017, approved for
submission by the Mayor, which transmits its resolution #09-52-2017,
adopted on September 19, 2017, with regard to Petition 2017-08-02-10,
submitted by Livonia Retail Management, L.L.C., to operate a full-service
restaurant with drive-up window facilities and outdoor seating on the site
of the commercial development known as Livonia Market II located on the
south side of Seven Mile Road between Middlebelt Road and Melvin
Avenue (29659 Seven Mile Road), in the Northeast ¼ of Section 11, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 2017-08-02-10 is hereby approved and
granted, subject to the following conditions:
1. That the maximum interior seating count for the restaurant shall not
exceed forty (40);
2. That the maximum outdoor seating count for the restaurant shall
not exceed twelve (12);
3. That the Site Plan labeled Sheet C-4 dated October 26, 2018, as
revised, prepared by Hennessey Engineers, Inc., is hereby
approved and shall be adhered to;
4. That the Landscape Planting Plan labeled LP-1 dated October 16,
2018, as revised, prepared by Nagy Devlin Land Design is hereby
approved and shall be adhered to;
5. That the Preliminary Floor Plan and Elevations labeled Sheet No.
PP-3 dated October 10, 2018, as revised, prepared by Detroit
Architectural Group is hereby approved and shall be adhered to;
except that the elevations shall be revised to incorporate the brick
and stone materials as presented to the Planning Commission, and
all rooftop mechanical units shall be shielded from view by the
parapet walls of the building;
6. That all conditions imposed by Council Resolution #131-17 shall
remain in effect to the extent that they are not in conflict with the
foregoing conditions;
7. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time of
application for building permits; and
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8. 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.
#405-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 17, 2018, approved for
submission by the Mayor, which transmits its resolution #10-67-2018,
adopted on October 16, 2018, with regard to Petition 2018-09-02-19,
submitted by ALDI, Inc., to utilize an SDM liquor license (sale of packaged
beer and wine) in connection with the operation of an ALDI food market
located on the northeast corner of Schoolcraft and Middlebelt Roads
(29330 Schoolcraft Road) in the Southwest ¼ of Section 24, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2018-09-02-19 is hereby approved and granted.
#406-18 RESOLVED, that having considered a communication from
the Department of Law, dated October 15, 2018, in connection with a
proposed Third Amendment to Lease Agreement between the City of
Livonia and New Cingular Wireless PCS, Inc. d/b/a AT&T Wireless PCS,
LLC, to which is attached a completed Exhibit E setting forth construction
drawings for the proposed upgrade to be made pursuant to said lease, the
Council does hereby authorize the Mayor and City Clerk, for and on behalf
of the City of Livonia, to execute the proposed third amendment to lease
agreement between the City of Livonia and New Cingular Wireless PCS,
LLC, as Successor-in-Interest to AT&T Wireless PCS, Inc., subject to
approval as to form by the Department of Law, and the City Clerk is hereby
requested to do all things necessary or incidental to the full performance
of this resolution.
A roll call vote was taken on the foregoing resolutions with the following results:
AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy
NAYS: None
The President declared the resolutions adopted.
On a motion by McIntyre, supported by Bahr, it was:
#407-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 19, 2018, approved for
submission by the Mayor, which transmits its resolution #09-62-2018,
adopted on September 18, 2018, with regard to Petition 2018-07-02-17,
submitted by TeleSite Wireless, on behalf of Verizon Wireless, to erect a
wireless communication support structure (120-foot-high monopole) and
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Regular Meeting Minutes of November 19, 2018
construct a supporting equipment shelter on property located in the
southeast corner of the American Legion property, located on the east
side of Newburgh Road between Joy Road and Ann Arbor Trail (9318
Newburgh Road) in the Southwest ¼ of Section 32, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 2018-07-02-17 is hereby approved and granted,
subject to the following conditions:
1. That a wireless communication support structure at this location
shall be permitted only under the circumstances that the Zoning
Ordinance standard set forth in Section 18.42A(d)1.b requiring new
wireless communication support structures to be located at least
one-half (½) mile from any existing wireless communication
support structures is waived by the City Council;
2. That the Site Plan Detail, Pole & Cabinet Elevation and General
Notes Plan marked Sheet 1 of Job No. 94044-1247B prepared by
Midwestern Consulting, dated July 9, 2018, as revised, is hereby
approved and shall be adhered to;
3. That the Equipment Elevation Views Plan marked Sheet 2 of Job
No. 94044-1247B prepared by Midwestern Consulting, dated July
9, 2018, as revised, is hereby approved and shall be adhered to;
4. That the total overall height of the monopole, measured to the
topmost point of the antennas and other apparatus, shall not
exceed 122 feet;
5. That the monopole support structure and ground compound area
be designed and constructed to accommodate no less than three
(3) sets of antenna arrays;
6. That no signs or advertising shall be placed on or upon any part of
the structure or facility that is visible from Newburgh Road;
7. 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
8. 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.
Following discussion by Council, a roll call vote was taken on the motion by
McIntyre, supported by Bahr, with the following result:
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Regular Meeting Minutes of November 19, 2018
AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy
NAYS: None
The president declared the resolution adopted.
On a motion by Jolly, supported by Meakin, it was:
#408-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 19, 2018, approved for
submission by the Mayor, which transmits its resolution #09-62-2018,
adopted on September 18, 2018, with regard to Petition 2018-07-02-17,
submitted by TeleSite Wireless, on behalf of Verizon Wireless, to erect a
wireless communication support structure (120-foot-high monopole) and
construct a supporting equipment shelter on property located in the
southeast corner of the American Legion property, located on the east
side of Newburgh Road between Joy Road and Ann Arbor Trail (9318
Newburgh Road) in the Southwest ¼ of Section 32, the Council does
hereby waive, for purposes of this waiver use approval, the requirement
that new wireless communication support structures be located at least
one-half (1/2) mile from any existing wireless communication support
structure as set forth in Section 18.42A(d)(1.b) of Zoning ordinance No.
543, as amended.
Following discussion by Council, a roll call vote was taken on the motion by Jolly,
supported by Meakin, with the following result:
AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy
NAYS: None
The President declared the resolution adopted.
A communication from Ghassan Khalaf, Licensed Professional Engineer,
dated November 9, 2018, attaching the Existing/Demo and Proposed Site Plans,
identified as Sheet A-01, as revised; Proposed Floor and Mezzanine Plans,
identified as Sheet A-02, as revised; and Elevations Plan identified as Sheet A-
03, as revised, was received and placed on file for the information of the Council.
On a motion by Kritzman, supported by McIntyre, and unanimously
adopted, it was:
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Regular Meeting Minutes of November 19, 2018
#409-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 17, 2018, which transmits
its resolution #10-68-2018, adopted on October 16, 2018, with regard to
Petition 2018-09-08-08, submitted by Jude’s Investments, Inc., in
connection with a proposal to renovate the existing BP gas station,
including demolition of the existing building and construction of a new gas
station, located on the southeast corner of Schoolcraft Road and
Farmington Road (33265 Schoolcraft Road), in the Northwest ¼ of
Section 27, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2018-09-08-08 is hereby approved and
granted, subject to the following conditions:
1. That the Existing/Demo and Proposed Site Plans marked Sheet
No. A-01, dated November 9, 2018, as revised, prepared by
Ghassan Khalaf, Licensed Professional Engineer, is hereby
approved and shall be adhered to;
2. That the parking lot shall be repaired, resealed and restriped as
necessary to the satisfaction of the Inspection Department.
Parking spaces shall be doubled striped at ten feet (10’) wide by
twenty feet (20’) in length;
3. That a fully detailed landscape plan shall be submitted for approval
to the Planning Department within sixty (60) days following
approval of this petition by the City Council;
4. That the Elevations Plan marked Sheet No. A-03, dated November
9, 2018, as revised, prepared by Ghassan Khalaf, Licensed
Professional Engineer, is hereby approved and shall be adhered
to;
5. 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;
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 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
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Regular Meeting Minutes of November 19, 2018
section shall not apply to those specified signs which are expressly
allowed by the district regulations of the Zoning Ordinance;
8. 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;
9. 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;
10. 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;
11. That there shall be no vehicle vacuum equipment or outdoor
placement/storage of propane cylinder storage units on the site;
12. That the sale of ice shall be restricted to the inside of the building;
13. 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;
14. That no part of the pump island canopy fascia, except for signage,
shall be illuminated;
15. 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;
16. 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;
17. 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,
18. 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
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Regular Meeting Minutes of November 19, 2018
unless a building permit is obtained, this approval shall be null and
void at the expiration of said period.
On a motion by White, supported by McIntyre, and unanimously adopted,
it was:
#410-18 RESOLVED, that having considered a communication from
the Department of Law, dated October 24, 2018, approved for submission
by the Mayor, transmitting for Council acceptance of a Grant of Easement
executed by Herbert J. Rosenberg, Owner, RNDC-NWS, LLC, for a 12-
foot wide public utility easement in connection with the development of a
new water main constructed at the subject location in the North 1/2 of
Section 30, more particularly described as:
12-Foot Wide Public Water Main Easement
A public watermain easement situated in the City of Livonia, County of
Wayne, the State of Michigan, a part of the North ½ of Section 30, Town
1 South, Range 9 East, City of Livonia, Wayne County, Michigan. More
particularly described as commencing at the west ¼ corner of said Section
30; thence N 00°26’07” E, 43.00 feet along the west line of Section 30;
thence S 89°32’30” E, 60.00 feet; thence N 00°26’07” E along the east
right-of-way line of Eckles Road (120-feet wide), 1,926.01 feet to the point
of beginning of the centerline of a twelve-foot (12’) wide public water main
easement; thence S 89°34’25” E, 4.36 feet; thence N 67°55’35” E, 42.70
feet; thence S 89°33’03” E, 77.09 feet; thence S 00°25’35” W, 28.19 feet;
thence N 00°25’35” E, 28.19 feet; thence S 89°33’03” E, 264.08 feet;
thence S 75°29’54” E, 251.51 feet; thence S 14°28’53” W, 294.93 feet;
thence N 14°28’53” E, 294.93 feet; thence S 75°29’54” E, 513.59 feet;
thence S 30°31’50” E, 40.03 feet; thence S 00°28’21” W, 915.15 feet to
the point of ending of the centerline of a twelve-foot (12’) wide public
watermain 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.
During Audience Communication the following people addressed Council to
speak about the Proposed Planned Parenthood on Farmington Road:
Heather Fowler, 9311 Iowa Street
Camille Brick, 18999 Fairway, Livonia
Dr. Darrin Lee Pastor, 29850 W. Six Mile Road, Livonia
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Regular Meeting Minutes of November 19, 2018
Patricia Stephanoff, 15396 Alpine Drive, Livonia
Jennifer Wakenell, 36100 Brookview, Livonia
Jeff Everett, 37738 Munger, Livonia
Audrey Olenzek, 29729 Highmeadow, Farmington Hills
Mary Beth Butler, 9929 Auburndale, Livonia
Allen Kannapell, 18902 Loveland, Livonia
Catherine Diethorn, 14909 Newburgh Road
Betty Diethorn, 14909 Newburgh Road
Gini Krenz, 34075 Pembroke, Livonia
Brian Beer, 16076 Alpine, Livonia
Maureen Wakenell, 33486 Griffin Court, Livonia
Marsha Abendroth, 30556 Puritan, Livonia
On a motion by Meakin, supported by Jolly, and unanimously adopted,
this 1,861st Regular Meeting of the Council of the City of Livonia was adjourned
at 8:27 p.m. on November 19, 2018.
_____________________
Susan M. Nash, City Clerk