HomeMy WebLinkAbout2019-06-03
REV 6-17-19
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SEVENTY-FOURTH
REGULAR MEETING OF JUNE 3, 2019
On June 3, 2019 the above meeting was held at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and was called to order by President Laura
Roll was called with the following result: Cathy White, Kathleen McIntyre, Brian
Meakin Jim Jolly, Scott Bahr and President Laura Toy. Absent: Brandon
Kritzman.
Elected and appointed officials present: Mark Taormina, Director of
Planning and Economic Development; Todd Zilincik, City Engineer; Eric
Goldstein, Assistant City Attorney; Susan M. Nash, City Clerk; Judy Priebe;
Director of Legislative Affairs; Mike Slater, Director of Finance; and Mayor Dennis
Wright. .
On a motion by McIntyre, supported by Jolly, it was:
#192-19 RESOLVED, that the minutes of the 1,873rd
Regular Meeting of Council held May 20, 2019 are
approved as presented.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: White, McIntyre, Jolly, Bahr and Toy
NAYS: None
PRESENT: Meakin
The President declared the resolution adopted.
Councilmember Bahr presented a commendation from the City Council and
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Mayor Wright to the Livonia Youth Symphony Orchestra in honor of their 60
Anniversary.
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Councilmember McIntyre and President Toy congratulated the group and
thanked them for the outreach by sending them tickets.
Councilmember Meakin spoke about the Memorial Day presentation that was
held at Veterans Park and what a wonderful day it was honoring our veterans.
He also thanked President Toy for her attendance at the event.
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Vice President Jolly wished his daughter Lexie a happy 8 birthday which is
coming up this week.
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Councilmember Meakin wished his son a happy 21 birthday and sent birthday
greetings to his wife as well.
Councilmember McIntyre sent well wishes to her mother who will be celebrating
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her birthday on June 4. She then commented on the ribbon cutting ceremony
she attended on Thursday night to kick off the St. Mary’s Michigan Fun Fest in
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their 11 year as well as the Livonia Save Our Youth 5k run which was held on
Saturday.
Councilmember White spoke about an article that appeared in the Michigan
Mutual Risk Management Association (MMRMA) newsletter, regarding First
Responders utilizing the Heedful Audio Alert System (HAAS) to alert drivers
through the GPS based phone app WAZE of traffic conditions, or emergency
vehicles approaching, which is designed to minimize accidents and alert drivers.
On a motion by White, supported by Meakin, and unanimously adopted, it
was:
#193-19 RESOLVED, that upon the motion by Councilmember Cathy
White, seconded by Councilmember Brian Meakin, at the Regular Meeting
held June 3, 2019, the Council does hereby refer the subject matter of
utilizing the Heedful Audio Alert System (HAAS) by First Responders, in
conjunction with the GPS based phone app WAZE, to the Fire Chief for
his report and recommendation.
Councilmember Bahr spoke of an incident that he was notified about a
homeowner in Castle Gardens that had a heart attack while mowing his back
lawn. Passersby saw it happen and administered CPR and called 911.
Unfortunately, the man passed away but the police officers stayed behind and
finished cutting the lawn.
President Toy stated there is New Data on Items 4 and 15.
During Audience Communication, Nancy Klein, 33373 Myrna Court, came to the
podium as President of the Woodcreek Farms Homeowners’ Association, to
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Regular Meeting Minutes of June 3, 2019
bring to Council’s attention a privacy fence that was put up in their neighborhood
which is against the HOA’s bylaws.
President Toy responded to Klein by telling her that Judy Priebe, Director of
Legislative Affairs, is going to set up a meeting when the City Attorney is back in
town.
Vice President Jolly informed Klein of the Neighborhood Grant Program that is
available to subdivisions to assist in the beautification of their entranceways.
Vice President Jolly then expounded on the difference between public law and
private law and the significance of bylaws being a contract between the residents
and their homeowners’ association.
Councilmember White stated it has been a well-established law that City
Attorneys can not represent Homeowners’ Associations in court.
Kathleen Bilger, 19170 Augusta Court, came to the podium to inform everyone
of a program her veterinary student son is involved in called “Buckeyes for
Greyhounds”, which shelters greyhounds injured from racing, and finding foster
homes for them while they’re on the mend. She stated they are in desperate
need of used leashes, harnesses and collars and that there are four locations
where people can drop them off: Blue Plate, The Dog’s Bow Wow, and two
places in Plymouth. You can get information on “All things Livonia.”
President Toy offered her store, Cardwell Florist, as a drop off site as well.
Jim Davis, City Council candidate, 29807 Oakley, came to the podium and
introduced himself and gave a brief summary of his background.
Kelly Dobson, 9103 Sunbury, came to the podium to express her concerns about
a marijuana grow operation in the house next door and reached out to Council
for their help on this matter.
Councilmember Meakin stated he had received her emails and had passed them
on to the Livonia Police Department. He also stated that the Police had raided a
home last year as they had been informed that the grow house exceeded the 72
plant limit.
Councilmember McIntyre stated she worked very hard on the opposition to this
ballot issue and that local municipalities have no legal ability to act, they are
waiting for guidance from the legislature and she encouraged Dobson to make
noise to our representatives in Lansing.
Vice President Jolly stated that Livonia was one of the first communities to opt
out and that Dobson should reach out to her State Rep, Senator, representatives
in Lansing, as Council does not have power over this issue.
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Councilmember Bahr stated that grow houses that do not exceed the 72 plant
limit are a huge problem and that the Police Department’s hands are tied as to
what they can do.
President Toy asked Dobson to contact Council and give the address of the grow
house so they could check on taxes, water bills and the like.
Councilmember White told Dobson she has a lot of sympathetic ears on the
Council and that Police Chief Caid had taken a very proactive stance on the
opposition to this ballot issue, including holding a forum where he had Law
Enforcement in attendance from Colorado to inform our citizens of the problems
that the legalization of marijuana caused in their state.
Deb Theloar, 18701 Deering, came to the podium to express her concerns about
vandalism and theft on her property, and is asking for Council’s help on
addressing this issue.
A communication from the Department of Finance, dated May 15, 2019,
re: Retirement System Annual Report – Fiscal Year 2018 as submitted pursuant
to Public Act 202 of 2017, was received and placed on file for the information of
the Council.
On a motion by White, supported by Jolly, it was:
#194-19 RESOLVED, that having considered an application from
Tracy Nolte, 9386 Knolson Street, Livonia, MI 48150, dated May 6, 2019,
requesting permission to close Marie Court between Knolson and Minton,
on Saturday, August 10, 2019, from 4:00 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 Saturday, August 17, 2019, in the event of inclement weather,
the action taken herein being made subject to the approval of the Police
Department.
#195-19 RESOLVED, that having considered an application from
Rebecca Drzewicki, 18615 Parklane Street, Livonia, MI 48152, dated April
25, 2019, requesting permission to close Parklane Street between
Margareta and Clarita, on Saturday, September 28, 2019, from 2:00 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 Saturday, October 5, 2019, in the event of
inclement weather, the action taken herein being made subject to the
approval of the Police Department.
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Regular Meeting Minutes of June 3, 2019
#196-19 RESOLVED, that having considered a communication from
the City Engineer, dated May 1, 2019, approved for submission by the
Mayor, to which is attached a letter from Larry Perri, dated April 30, 2019,
requesting a waiver of the sidewalk requirement for the single-family home
to be constructed at 10166 Laurel, in the N.W. ¼ of Section 33, 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.
A communication from the Office of the Treasurer, dated May 20, 2019,
reflecting payment in full of the delinquent property taxes for winter 2018, re:
10166 Laurel, was received and placed on file for the information of the Council.
#197-19 RESOLVED, that having considered a communication from
the City Engineer, dated May 20, 2019, approved for submission by the
Mayor, to which is attached a letter from Frank Mancina, Mancina
Construction, LLC, dated May 13, 2019, requesting a waiver of the
sidewalk requirement for the single-family home to be constructed at
29106 Broadmoor, in the S.W. ¼ of Section 13, the Council does hereby
6approve 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.
#198-19 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated May 8,
2019, which bears the signature of the Director of Finance, is approved
as to form by the Chief Assistant City Attorney, and is approved for
submission by the Mayor, to which is attached a proposed five-year
contract between the City of Livonia and RouteMatch Software, Inc., 1230
Peachtree N.E., Suite 2800, Atlanta, GA 30309, for annual software and
technical support with the Livonia Community Transit Program, for the
period December 2018 through November 2023, in an amount not to
exceed $223,232.21, with annual not-to-exceed installments as set forth
below:
2018 – 2019 $31,598.60
2019 – 2020 $46,026.83
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2020 – 2021 $47,256.43
2021 – 2022 $48,522.93
2022 – 2023 $49,827.42
THE COUNCIL DOES HEREBY authorize an appropriation and
expenditure for 2018–2019 in an amount not to exceed $31,598.60 from
Account No.: 218-889-851-020 for this purpose; FURTHER, the Council
does hereby approve the proposed five-year contract in the manner and
form herein submitted and authorizes the Mayor and City Clerk to enter
into an agreement with RouteMatch Software, Inc., subject to approval as
to form and substance by the Department of Law, for and on behalf of the
City of Livonia, and to do all things necessary or incidental to the full
performance of this resolution; FURTHER, the Council does hereby
authorize the action herein without competitive bidding in accordance with
the provisions set forth in Section 3.04.140.D.3 of the Livonia Code of
Ordinances, as amended, for the reason that RouteMatch Software, Inc.,
is a sole source supplier and no advantage would result from requiring
competitive bidding.
#199-19 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Works and the Director
of Public Works, dated May 9, 2019, 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) diesel fired, four-
ton trailer mounted asphalt hotbox, Model KM 8000TEPX, utilizing the
National Cooperative Purchasing Alliance – Roadway Maintenance,
Contract #05-25, from Alta Equipment Company, 56195 Pontiac Trail,
New Hudson, MI 48165, for a total amount not to exceed $26,688.20, to
be utilized by the Roads Department; FURTHER, an amount not to
exceed $26,688.20 is hereby authorized to be expended from Account
No. 401-000-987-000 (Capital Outlay Fund) for this purpose; FURTHER,
the Council does hereby determine to authorize this purchase without
competitive bidding inasmuch as the same is based upon the low National
Cooperative Purchasing Alliance bid price (under Contract #05-25), 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.
#200-19 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Works and the Director
of Public Works, dated May 9, 2019, 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 F-550
Pickup Truck, to be upfitted as a Sign Maintenance Vehicle, in an amount
not to exceed $46,551.00, from Signature Ford, 1960 E. Main Street,
Owosso, Michigan 48867; and the upfitting of said vehicle by Versalift
Midwest, 51761 Danview Technology Ct., Shelby Township, Michigan
48315, in an amount not to exceed $41,869.00; for a total amount not to
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Regular Meeting Minutes of June 3, 2019
exceed $88,420.00, to replace a similar vehicle which has surpassed its
life expectancy, the same to be expended from funds already budgeted
for this purpose in Account No: 401-000-985-010 (Capital Outlay Budget);
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as the same is purchased
through the State of Michigan Department of Vehicle Procurement under
Contract No. 071B7700180 and Macomb County Contract No. 21-18 bid
and based upon the low State of Michigan bid price under MI-Deal
Contract No. 071B2200263 for the up-fitting of said vehicle; 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.4 of the Livonia Code of Ordinances, as amended; FURTHER,
the Council does hereby authorize the disposal of the replaced vehicle at
public auction hosted by the Michigan Inter-governmental Trade Network
(MITN) or commercial auction after receipt of the new vehicle.
#201-19 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Works and the Director
of Public Works, dated May 9, 2019, 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 three (3) 2019 Ford F-250
4X4 Pickup Trucks, at a cost of $28,197.00 each, for a total cost not to
exceed $84,591.00, and one (1) 2019 Ford F150 4X4 XLT Pickup Truck,
at a cost of $31,352.00, for a total amount not to exceed $115,943.00,
from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867; and
the upfitting of three (3) 2019 Ford F-250 4X4 Pickup Trucks by Versalift
Midwest, 51761 Danview Technology Ct., Shelby Township, Michigan
48315, at a total cost of $61,367.00, and one (1) 2019 Ford F150 4X4 XLT
Pickup Truck by Truck and Trailer Specialties, 1200 Victory Drive, Howell,
Michigan 48843, at a cost of $11,830.00, for a total amount not to exceed
$73,197.00, for a grand total not to exceed $189,140.00, to be utilized by
various departments within the Department of Public Services, and to
replace similar vehicles which have surpassed their life expectancy, the
same to be expended from funds already budgeted for this purpose in
Account No: 401-000-985-010 (Capital Outlay Budget); FURTHER, the
Council does hereby determine to authorize the said purchase without
competitive bidding inasmuch as the same is purchased through the State
of Michigan Department of Vehicle Procurement under Contract No.
071B7700180 and the Macomb County Co-Op Award Agreement,
reference number 71-15, and based upon the low State of Michigan bid
price under MI-Deal Contract No. 071B2200263 for the up-fitting of three
(3) 2019 Ford F250 4x4 Pickup Trucks and based upon the Rochester
Hills Co-Op Award Agreement (contract RPF-RH-13-030) for one (1) 2019
Ford F150 4x4 XLT Pickup Truck; 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.4 of the Livonia Code
of Ordinances, as amended; FURTHER, the Council does hereby
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authorize the disposal of the replaced vehicles at public auction hosted by
the Michigan Inter-governmental Trade Network (MITN) or commercial
auction after receipt of the new vehicles.
#202-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 10, 2019, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and the Superintendent of Parks and Recreation, and is
approved for submission by the Mayor, the Council does hereby accept
the bid of Nagle Paving Company, 36780 Amrhein, Livonia, Michigan
48150, for performing all work required in connection with the Whispering
Willows Golf Course parking lot improvements (Contract 19-M), for the
estimated total cost of $177,856.00, based on the Engineering Division’s
estimate of units involved, and subject to a final payment based upon the
actual units completed in accordance with the unit prices accepted
herein, said estimated cost and unit prices having been in fact the lowest
bid received and meets all specifications; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $177,856.00
from funds already budgeted in Account No. 401-000-971-000 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, 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.
#203-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 10, 2019, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and the Superintendent of Parks and Recreation, and is
approved for submission by the Mayor, the Council does hereby accept
the proposal of OHM Advisors, 34000 Plymouth Road, Livonia, Michigan
48150, to provide testing and inspection services in connection with the
Whispering Willows Golf Course parking lot improvements (Contract 19-
M) in an amount not to exceed $10,000.00, 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 Livonia Code of Ordinances Section
3.04.140D.2.b, as amended; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $10,000.00 from
funds budgeted in Account No.: 101-441-818-005 (Contract Services –
Consultant) 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.
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#204-19 RESOLVED, that having considered the report and
recommendation of the City Planning Commission, dated April 24, 2019,
which transmits its resolution #04-35-2019, adopted on April 23, 2019,
with regard to Petition 2019-04-GB-01, submitted by Plymouth Woods
Apartments, LLC, to substitute a greenbelt for the protective wall as
outlined in Section 18.45 of the Zoning Ordinance of the City of Livonia,
as amended, for property located on the south side of Plymouth Road
(38001 Plymouth Road) in the Southwest ¼ of Section 30, the Council
does hereby concur in the recommendation of the Planning Commission
and Petition 2019-04-GB-01 is hereby approved and granted, subject to
the following conditions:
1. That the landscaped greenbelts along the three (3) property lines
that separate the apartment complex from the residential home at
38619 Plymouth Road, as shown in the packet received by the
Planning Commission on April 3, 2019, is hereby accepted and
shall be substituted for the protective wall required by Section
18.45 of the Zoning Ordinance;
2. That the Planning and Inspection Departments shall conduct an on-
site inspection of the greenbelts to determine what plant materials
are dead or dying and require immediate replacement. All planted
materials shall be installed to the satisfaction of the Inspection
Department and thereafter permanently maintained in a healthy
condition; and
3. That any change of circumstances in the area containing the
greenbelts resulting in a diminution of the greenbelt’s effectiveness
as a protective barrier, the owner of the property shall be required
to submit such changes to the Planning Commission for their
review and approval or immediately construct the protective wall
pursuant to Section 18.45.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: White, McIntyre, Meakin, Jolly, Bahr and Toy
NAYS: None
The President declared the resolutions adopted.
A letter from Plante & Moran, dated April 25, 2019, was received and
placed on file for the information of the Council.
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The Independent Auditor’s Report from Plante & Moran, dated April 25,
2019, was received and placed on file for the information of the Council.
The Federal Awards Supplemental Information from Plante & Moran,
dated April 25, 2019, was received and placed on file for the information of the
Council.
The Financial Report with Supplemental Information, November 30, 2018,
from Plante & Moran, was received and placed on file for the information of the
Council.
Councilmember Bahr, as Chair of the Finance and Budget Committee, reported
out on the meeting of Wednesday, May 15, 2019.
The Topic of Annual Audit Report, (City of Livonia Audit Reports for the period
December 1, 2017 to November 30, 2018) (CR 367-02)
This item will remain in Committee.
Jolly took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS
OF STREET, ALLEY AND PUBLIC GROUND.
(Petition 2019-02-03-02)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: White, McIntyre, Meakin, Jolly, Bahr 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
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Ordinance:
AN ORDINANCE AMENDING SECTION 4 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE
III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND
CITES AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY
ADDING SECTION 3. _____ THERETO. (Petition 2018-08-01-05)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: White, McIntyre, Meakin, Jolly, Bahr and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Meakin, supported by McIntyre, and unanimously
adopted, it was:
#205-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 24, 2019, approved for
submission by the Mayor, which transmits its resolution #04-37-2019,
adopted on April 23, 2019, with regard to Petition 2019-03-02-02,
submitted by Leo Soave Building Inc., to develop a Planned Residential
Development under the Single-Family Clustering option (Capri Court),
consisting of sixteen (16) site condominium lots, on properties located on
the west side of Farmington Road, between Norfolk Avenue and Eight
Mile Road (20209, 20219, 20225, 20235 and 20307 Farmington Road) in
the Northeast ¼ of Section 4, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2019-03-02-02 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:
(a) that the first floor of each condominium unit shall be brick or
stone on all four (4) sides and the total amount of brick or
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stone on each two-story unit shall not be less than 65% and
not less than 80% on one-story dwellings;
(b) that the minimum floor area for each dwelling shall not be
less than 1,300 square feet;
(c) that all exterior chimneys shall be brick;
2. That the Preliminary Site & Utilities Plan identified as Drawing No.
C-02, prepared by National Consultants and Engineering L.L.C., as
received by the Planning Commission on April 17, 2019, 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
February 28, 2019, prepared by Nagy Devlin Land Design, are
hereby approved and shall be adhered to;
4. That streetlights and sidewalks shall be installed throughout the
development to the satisfaction of the Engineering Department;
5. 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 the petitioner shall
comply with the Zoning Ordinance requirements;
6. 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;
7. 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;
8. That the petitioner shall secure the necessary storm water
management permits from the City of Livonia Engineering Division;
9. 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
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10. 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 set of drawings, illustrating new exterior materials with proposed
Northwest/Southwest views of building, received by the City Planning
Commission on May 31, 2019, re: Petition 2018-12-02-24, was received and
placed on file for the information of the Council.
A set of drawings, illustrating new exterior materials with proposed
Northwest/Southwest views of building, received by the Office of the City Clerk
on May 20, 2019, re: Petition 2018-12-02-04, was received and placed on file
for the information of the Council.
On a motion by Bahr, supported by White, and unanimously adopted, it
was:
#206-19 RESOLVED, that having considered a communication from
the Plymouth Road Development Authority, dated May 3, 2019, which
transmits its resolution #2019-01, adopted on April 18, 2019, and a
communication from the City Planning Commission, dated April 10, 2019,
approved for submission by the Mayor, which transmits its resolution #04-
32-2019, adopted on April 9, 2019, with regard to Petition 2018-12-02-24,
submitted by KAC Livonia, L.L.C., requesting approval to construct an
addition, increase the number of service bays and renovate the exterior of
the existing automobile and truck repair facility (Kirk’s Auto Care) located
on the northeast corner of Plymouth Road and Merriman Roads (31390
Plymouth Road) in the Southwest ¼ of Section 26, the Council does
hereby concur in the recommendations made by the Plymouth Road
Development Authority and the City Planning Commission and Petition
2018-12-02-24 is hereby approved and granted, subject to the following
conditions:
1. That the Site Plan identified as Sheet No. S1.0, dated March 1,
2019, prepared by Harmala Architecture, is hereby approved and
shall be adhered to;
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2. That this approval is subject to the petitioner being granted
variances from the Zoning Board of Appeals for adding on to a
nonconforming building and any conditions related thereto;
3. That the Elevation Plan identified as Sheet No. A2.1, dated March
1, 2019, prepared by Harmala Architecture, is hereby approved
and shall be adhered to;
4. 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;
5. That the three walls of the trash dumpster area shall be constructed
out of building materials that shall complement that of the building.
The enclosure gates shall be of solid panel steel construction or
durable, long-lasting solid panel fiberglass. The trash dumpster
area shall always be maintained and when not in use closed;
6. 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 roadways;
7. Any vehicles left on the premises overnight must be stored inside
the building or parked in designated parking spaces as shown on
the approved site plan with a maximum of 14 vehicles located
outside;
8. That there shall be no outdoor storage of auto parts, tires,
equipment, scrap material, waste petroleum products, junked,
unlicensed or inoperable vehicles, or other similar items in
connection with this operation, and the overhead doors, when not
in use for vehicles entering or exiting the service facility, shall
always be closed;
9. That all parking spaces shall be double striped, including the
provision of barrier free parking with proper signage, marking and
configuration, and all regular customer spaces shall be ten feet
(10’) wide by twenty feet (20’) in length as required;
10. That the easement landscaping shall be reestablished along the
site’s frontage on Plymouth and Merriman Roads;
11. That the existing pylon sign shall be removed prior to the issuance
of a Certificate of Occupancy for the addition;
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12. 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;
13. That no LED light band or exposed neon shall be permitted on the
site including, but not limited to, the building or around the windows;
14. That no overhead speakers will be used inside or outside the
building;
15. 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;
16. 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
17. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of ONE YEAR ONLY from the date of approval by City Council, and
unless a building permit is obtained, this approval shall be null and
void at the expiration of said period.
On a motion by Jolly, supported by Meakin, and unanimously adopted, it
was:
#207-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 24, 2019, approved for
submission by the Mayor, which transmits its resolution #04-34-2019,
adopted on April 23, 2019, with regard to Petition 2019-03-02-03,
submitted by Players Golf & Event Center South to utilize a Class C liquor
license in connection with the operation of an indoor golf and Millionaire
Party (Charity gaming) facility on property located on the south side of
Plymouth Road (36115 Plymouth Road) between Yale Avenue and Levan
Road in the Northeast ¼ of Section 32, the Council does hereby concur
in the recommendation made by the City Planning Commission and
Petition 2019-03-02-03 is hereby approved and granted, subject to the
following conditions:
1. That the use of a Class C liquor license at this location is subject to
City Council waiving the 1,000-foot separation requirement from
existing Class C-licensed businesses per Sections 10.03(j)(2) and
19.06(1) of Zoning Ordinance No. 543, as amended;
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2. That the subject site has the capacity to accommodate the
proposed Class C license;
3. That the proposed use of a Class C license is compatible to and in
harmony with the surrounding uses in the area; and
4. 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 permit is obtained, this approval shall be null and void at
the expiration of said period.
FURTHER, the Planning Commission recommends the approval of
a Conditional Agreement limiting this waiver use to this user only,
with the provision to extend this waiver use approval to a new user
only upon approval of the new user by the City Council.
On a motion by White, supported by Meakin, it was:
#208-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 24, 2019, approved for
submission by the Mayor, which transmits its resolution #04-34-2019,
adopted on April 23, 2019, with regard to Petition 2019-03-02-03,
submitted by Players Golf & Event Center South to utilize a Class C liquor
license in connection with the operation of an indoor golf and Millionaire
Party (Charity gaming) facility on property located on the south side of
Plymouth Road (36115 Plymouth Road) between Yale Avenue and Levan
Road in the Northeast ¼ of Section 32, the Council does hereby waive the
1,000-foot separation requirement as set forth in Sections 10.03(j)(2) and
19.06(1) of Zoning Ordinance 543.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: White, McIntyre, Meakin, Jolly, Bahr and Toy
NAYS: None
The President declared the resolution adopted.
On a motion by McIntyre, supported by Bahr, and unanimously adopted, it
was:
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#209-19 RESOLVED, that having considered a communication from
the Department of Law, dated May 13, 2019, approved for submission by
the Mayor, transmitting for Council acceptance of a Grant of Easement
executed by Thomas Guastello, Its Sole Member, 29330 Schoolcraft,
LLC, for a variable width public utility easement in connection with the
installation of a new sidewalk at the subject location in the Southwest 1/4
of Section 24, more particularly described as:
New Variable Width Public Sidewalk Easement “A”
Commencing at the Southwest Corner of Section 24, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan; thence N
02°21’17” W, 117.00 feet along the West line of said Section 24; thence
N 88°08’02” E, 60.00 feet to the Place of Beginning; thence N 02°21’17”
W, 7.54 feet along the East line of Middlebelt Road (130-foot wide Right-
of-Way); thence S 88°29’37” E, 21.33 feet; thence S 57°50’33” E, 11.24
feet; thence S 88°08’02” W, 30.54 feet along the North line of Schoolcraft
Road a.k.a. Interstate 96 Service Drive to the Place of Beginning. Being
a part of the Southwest ¼ of Section 24, Town 1 South, Range 9 East,
City of Livonia, Wayne County, Michigan. Containing 176 square feet of
land, more or Less. Subject to and together with all easements and
restrictions affected title to the above described premises.
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.
On a motion by White, supported by Bahr, and unanimously adopted, it
was:
#210-19 RESOLVED, that having considered a communication from
the Department of Law, dated May 13, 2019, approved for submission by
the Mayor, transmitting for Council acceptance of a Grant of Easement
executed by Thomas Guastello, Its Sole Member, 29330 Schoolcraft,
LLC, for a variable width public utility easement in connection with the
installation of a new sidewalk at the subject location in the Southwest 1/4
of Section 24, more particularly described as:
New Variable Width Public Sidewalk Easement “B”
Commencing at the Southwest Corner of Section 24, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan; thence N
02°21’17” W, 117.00 feet along the West line of said Section 24; thence
N 88°08’02” E, 331.04 feet along the North line (in-part) of
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Regular Meeting Minutes of June 3, 2019
Schoolcraft Road a.k.a. Interstate 96 Service Drive; thence continuing
along said North line S 79°19’15” E, 16.29 feet to the Place of Beginning;
thence N 88°59’10” E, 128.34 feet; thence N 89°38’33” E, 103.46 feet;
thence along said North line of Schoolcraft Road a.k.a. Interstate 96
Service Drive the following two courses:
1) S 86°33’16” W, 187.74 feet
2) N 79°19’15” W, 45.15 feet to the Place of Beginning
Being a part of the Southwest ¼ of Section 24, Town 1 South, Range 9
East, City of Livonia, Wayne County, Michigan. Containing 0.03 acres
(1,110 square feet) of land, more or less.
Subject to and together with all easements and restrictions affecting title
to the above described premises.
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 Bill Craig, 20050 Milburn, came to the podium
to request from City Council a letter of support to go to the Mayor’s office
recommending the following: that a letter be sent to Wayne County, Warren
Evans, subject: Newburgh Mills. “That the City of Livonia does not support the
County’s effort to sell Wayne County parkland, specifically the Newburgh Mills
site. That the City of Livonia suggests using some of the 20 million dollars the
City has provided in parks millage to make safe Newburgh Mills for use of County
employees.”
Craig went on to state that this is a simple request, to please consider the future
of a decision of selling parkland.
Vice President Jolly replied that the power City Council holds is not necessarily
to act in this way, but if and when this is sold, and the new owner or proposed
owner wishes to do something other than parkland with it, they would come
before Council and request our consent or our approval to rezone the property
for the use that they seek, and that is where the power of City Council lays. He
further stated that he appreciates Craig’s efforts but will not make a motion for a
letter because he believes Council’s power is elsewhere.
President Toy asked Craig if he had asked the Mayor for a letter and Craig replied
no, that he came to Council first, and that he wanted to make sure he asked in a
public arena, that Wayne County is not transparent in their activities, and in fact,
there is a meeting that is being held this Thursday at the Livonia Rec Center to
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Regular Meeting Minutes of June 3, 2019
discuss bidders for the property and trying to entice Livonia to be on board with
this project.
Councilmember Bahr stated that when Commissioners Webb and Anderson
came to a Council meeting requesting to put this into Committee so they could
present the project, that Committee of the Whole meeting was never held, and
instead Council was invited to visit the Newburgh Mills site and that he, a lifelong
Livonia resident, never knew that this gem of a property existed. He said
whatever happens his decision will be based on the principle that the Mill’s
historical features remain.
On a motion by McIntyre, supported by Jolly, and unanimously adopted,
this 1,874th Regular Meeting of the Council of the City of Livonia was adjourned
at 8:04 p.m. on June 3, 2019.
_____________________
Susan M. Nash, City Clerk