HomeMy WebLinkAbout2019-07-08
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SEVENTY-SIXTH
REGULAR MEETING OF JULY 8, 2019
On July 8, 2019 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 Meakin led the meeting in the Pledge.
Roll was called with the following result: Brian Meakin, Jim Jolly, Scott Bahr,
Cathy White, Kathleen McIntyre, and President Laura Toy. Absent: Brandon
Kritzman.
Elected and appointed officials present: Mark Taormina, Director of
Planning and Economic; Todd Zilincik, City Engineer; Paul Bernier, City
Attorney; Susan M. Nash, City Clerk; Judy Priebe; Director of Legislative Affairs;
Lynda Scheel, Treasurer; Curtis Caid, Police Chief; Greg Coppola, Zoning Board
Chairman; Wayne County Commissioner Diane Webb; and Mayor Dennis
Wright.
On a motion by White, supported by Bahr, and unanimously
adopted, it was:
#230-19 RESOLVED, that the minutes of the 1,875th
Regular Meeting of Council held June 17, 2019 are
approved as presented.
Councilmember Meakin announced one retiree for the month of April 2019, that
being Michael Petrovich, a Lieutenant with the Police Department, is retiring after
serving 25 years with the City of Livonia and wished him well in his retirement.
President Toy wished City Clerk Susan Nash a happy birthday.
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Mayor Wright came to the podium to present Police Chief Curtis Caid with a
Certificate of Achievement for 40 years of service to the City of Livonia.
Chief Caid thanked the Mayor and Council for the recognition and stated it has
been an honor and a privilege to serve the Livonia community and now in his
position as Chief. He stated this year the Livonia Police Department was named
with the 2019 Police Car of the Year, it’s the City’s third year in achieving that
recognition. The Ring Doorbell Program was announced on social media, which
is another great tool for the Department to engage the community and help the
Police provide the services that they do for the residents.
President Toy announced there is New Data on Items 7 and 17.
During Audience Communication Raymond Grix, 11716 Farmington Road,
Livonia, resident of Fountain Park Condominiums and a member of the
Association’s Board of Directors, and a City of Livonia taxpayer, came to the
podium to address trash issues with the Fountain Park Retail Complex. For at
least the last two months there has been a trash barrel and a metal shelving unit
sitting outside behind the Red Olive Restaurant. He then cited the Planning
Commission’s approval of the retail and the restaurant in May of 2006, it
specifically states as one of the items, “that the outdoor storage of refuse shall
be limited to the screened area behind the easterly building on the site on the
approved side for the commercial development, and that there be no additional
outside storage anywhere on the site.” These two items outside of the restaurant
are a violation and need to be removed. The second and more immediate issue
is the fact that for the past two to three weeks, there have been large open trash
dumpsters, the current one being a GFL trash dumpster and GFL being the City’s
trash contractor. It’s in the parking area on the common road between Buildings
4 and 5 of the condo and the berm at the rear of the retail development so that it
is not physically within the retail development. Again, he cited the fact that the
storage area is limited to the screened area behind the easterly building which
happens to be the Los Palapas Restaurant and again, there be no storage
anywhere else on the site. The current placement of this dumpster and the fact
that it overflows creates a health issue, there’s trash bags on the ground outside
of the dumpster attracting rats. The placement is a nuisance to condo residents
and I’m sure that none of the Councilmembers would want an open dumpster
sitting in front of your house or on a street in your neighborhood. They are asking
for immediate action by the Sanitation Department, Ordinance Department,
Police, Legal, Council, whoever it takes to get the dumpster placed within the
designated area that exists on the property. In closing he stated that they’re not
thrilled with the fact that it’s an open dumpster, but if it must an open dumpster
then again it should be within the area that was stipulated when these things
were approved. Livonia has the motto “Families First”, I think it should be
enforced and not ignored.
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Councilmember White stated this sounds like a legitimate complaint and asked
that it be referred to the Ordinance Enforcement Department to see if they could
take a look at it.
Mayor Wright came to the podium to state he had visited the site twice last week
and it was a mess, but they’ve gotten it cleaned up and he stated he would like
to get with GLF or whoever the owner of the dumpster is, to initiate more frequent
pick-ups and the owner of Las Palapas indicated he would so.
Helen Morris, 11714 Farmington Road, came to the podium, and stated that her
son has been working with Michael from Ordinance, but there seems to be a
problem with getting the dumpster behind the wall. She stated she has pictures
she would like Council to look at that are on her phone. President Toy asked
that she email the pictures to the Council office. She went on to state that Michael
from Ordinance had indicated that they can’t get the dumpster behind the wall
until the other dumpster is gone. She said there’s room for it to sit behind that
wall and it has to be changed out every day. She has pictures on the one they
brought Saturday and it’s already filling up. Her son came home late the other
night and there were rats crawling into the dumpster. She stated this is the fourth
dumpster that they’ve brought to put back there. They had one sitting to where
if we had gotten the storm that we were supposed to, to boxes out of it would
have been blown into the wetland and the condo residents would have had to
clean that up because they take care of the wetlands and that would be a cost to
the condo residents. She said the fact that no one stopped to ring a doorbell
and say hey, we’re having problems, it bothers us. The killer was the person
from The Happy Wok brought their garbage out and instead of throwing it up into
the dumpster, which was full, he just threw it on the ground.
President Toy assured her the business owners will be contacted in regard to
this problem.
Charles Corley, 9110 Beverly Court, came to the podium to thank City Council
and Government officials and citizens of Livonia for allowing him to come to
speak. He stated he is running for Wayne County Sheriff in the 2020 election.
He indicated he was born and raised in Detroit, went to Detroit Public Schools.
After he graduated high school he went to Eastern Michigan University where he
graduated with a bachelor’s degree in criminal justice. A couple of years after
graduation he became a police officer and worked for the Wayne County Sheriff’s
Department as well as Detroit Transit Police Department. He stated he is running
for Sheriff because he feels the criminal justice system needs change and he has
a three point plan that will focus on criminal justice reform and jail reform, re-
establishing a strong relationship with the school systems in the County, and also
build a bridge with the community. He said our criminal justice system needs to
be held more accountable for their actions or lack of actions in some terms. We
must be more transparent with our systems and what we do as police officers.
When elected to office his administration will provide the citizens of Wayne
County with the great service they deserve.
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President Toy thanked Corley and wished him good luck.
Wes Nichols, 32940 Summers Street, Livonia, came to the podium and stated
he pays his water bill by electronic funds transfer like a lot of residents probably
do, and even though the City knows in advance that none of us that pay by EFT
will need envelopes, they just keep sending them with the bill. These don’t do
anyone any good. He said he has approached a couple departments in the City
to see if he could encourage them to stop sending envelopes with the bill to EFT
payers and they just keep coming. He said he’d like to hand this matter over to
City Council and at some point he’d like to see the City Council at a minimum
stop sending envelopes that just wind up in a landfill or recycled and ideally he’d
like to see the City offer a paperless option, encourage residents to use it and
possibly even incentivize it.
City Treasurer Lynda Scheel came to the podium and stated that there are
residents that do bring in their envelopes, they have a spot to recycle those
envelopes on the Treasurer’s counter in her office. So any time that anybody
has, whether it’s their envelopes that they get with their tax bills or with their water
bills, they do recycle those envelopes. She then thanked Nichols for bringing the
envelopes back.
Vice President Jolly asked Scheel if the City has made an automated payment
plan for water bills and such and Scheel replied that would be with the Water
Department. She stated her purpose in speaking was just to let people know
that they accept those envelopes at the Treasurer’s office counter so they can
recycle them.
President Toy asked Scheel if they hired someone to still do the tax bills and
include the envelopes in them or are they done as a City now?
Scheel replied for printing the majority of the tax bills that go out they do include
the return envelopes with them and they are done outside. She then stated
there’s a small portion that they print and send out themselves and she is
uncertain how the water bills are done, but that the Treasurer’s office will accept
any envelopes back in at the Treasurer’s counter and we give them back to the
Water Department, so all returned envelopes are recycled.
President Toy asked if residents can drop the unused envelopes in the red box
on the east side of City Hall and Scheel replied yes or at the Treasurer’s office if
you are in City Hall.
Councilmember Bahr said it’s such a simple efficiency, he wished he had thought
of it himself and he thanked Nichols for coming and sharing that. He then asked
Treasurer Scheel if she knew what percentage of Livonia’s residents currently
are doing the automated payment and Scheel responded she doesn’t know. He
then asked if it would create a major difficulty with dividing the bills into two, the
automated ones and the not automated ones and putting envelopes in the ones
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that need it and the ones that aren’t, he can see how that might add costs and
Scheel replied they can always look into it.
Councilmember McIntyre stated that a while ago she worked with direct mail, and
oftentimes the issue is and the dynamics may have changed because there’s so
much more automation, but taking things and making them any sort of exception
to your standard process, and taking an envelope out requires a second mail
program and sometimes is prohibitively expensive. She then thanked Nichols
for bringing that to their attention but the way it is being done now may be the
most cost effective way for the City right now to do it the way they’re doing it.
Marsha Malec, 36114 Parkhurst, came to the podium to address Council about
her concerns with the Quick Pass Carwash improvements that have been made.
President Toy informed Malec that that is an item on the Study Meeting for tonight
and invited her to stay for it.
Wayne County Commissioner Diane Webb came to the podium to state that she
is present tonight as there are a couple County items on tonight’s agenda and
President Toy asked her to wait until the items are called to speak on them.
Webb then thanked the Mayor’s office for resolving an issue with a property
dispute, an intergovernmental thing, Wayne County was saying it was Livonia’s,
Livonia was saying it was Wayne County’s, and they went back and forth on it.
This was the Western Golf Estates, the property there around the pump station
with lights being out and something that her office has been trying to get resolved
within Wayne County for two years and they kept pointing the finger back at
Livonia. And the Mayor’s office and Dave Varga did a lot of research with help
from people from all different departments and we were able to prove that it is
the County’s responsibility and she thanked the Mayor and his team. She also
said her office had received complaints about littered overpasses around the 96
freeway in the Plymouth and Middlebelt area and that the Court has their
community service workers out there cleaning it, they’re doing a great job, and
she thanked them as well.
Councilmember White stated she would like to move to approve a resolution
which would refer the subject of addressing the difficulties the Police Department
is having with hotels within the City to the Committee of the Whole and also to
the Administration for a report and recommendation.
On a motion by White, supported by McIntyre, and unanimously
adopted, it was:
#231-19 RESOLVED, that upon the motion by Councilmember Cathy
White, seconded by Councilmember Kathleen McIntyre, at the Regular
Meeting held July 8, 2019, the Council does hereby request reports and
recommendations from the Administration and the Committee of the
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Whole regarding difficulties the Police Department is having with certain
hotels in the City.
On a motion by Bahr, supported by McIntyre, it was:
#232-19 RESOLVED, that having considered an application from
Daniel Munoz, 14809 Auburndale, Livonia, MI 48154, dated May 29,
2019, requesting permission to close Auburndale Street between Jamison
and Barkley, on Saturday, July 20, 2019, from 2:00 p.m. to 9:00 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.
#233-19 RESOLVED, that having considered an application from
Venessa Lagerstrom, 14066 Mayfield, Livonia, MI 48154, dated June 7,
2019, requesting permission to close Summers Street near Mayfield in
Kimberly Oaks Subdivision, on Saturday, July 27, 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, the action taken herein being
made subject to the approval of the Police Department.
#234-19 RESOLVED, that having considered an application from
Patricia Stephanoff, 15396 Alpine Drive, Livonia, MI 48154, dated May 29,
2019, requesting permission to close Alpine, between the west end of
Woodvale and the cul-de-sac where Alpine intersects with Fairlane, on
Saturday, September 7, 2019, from 3:00 p.m. to 9:00 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.
#235-19 RESOLVED, that pursuant to Section 21.02 of the Zoning
Ordinance of the City of Livonia, Ordinance No. 543, as amended, and
Section 601 of Act 110 of the Public Acts of Michigan of 2006, as
amended, Timothy J. Klisz, 18210 Manor Lane, Livonia, Michigan 48152,
is hereby reappointed to the Zoning Board of Appeals for a three-year
term expiring July 12, 2022, with all the authority and duties as set forth in
the said Zoning Ordinance and Act 110.
A letter from the Director of the Livonia Housing Commission, dated June
7, 2019, transmitting the LHC Audit Report for the Fiscal Year Ending December
31, 2018, was received and placed on file for the information of the Council.
#236-19 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated May 30, 2019, which
bears the signatures of the Director of Finance and the Chief Assistant
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City Attorney, and is approved for submission by the Mayor, to which is
attached an Intergovernmental Agreement between the County of Wayne
and the City of Livonia in connection with utilizing grant funds in the
amount of $151,810.00 to be used for improvements at Bicentennial,
Clements Circle and Dooley Parks, the Council does hereby approve the
proposed Intergovernmental Agreement between the County of
Wayne and the City of Livonia and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia, to execute
the Intergovernmental Agreement 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.
A communication from Victoria Krause, Department of Public Works,
Public Service Division, dated July 2, 2109, re: attaching pictures of proposed
cargo van to be purchased, was received and placed on file for the information
of the Council.
#237-19 RESOLVED, that having considered the report and
recommendation of 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 Transit 350 Cargo Van, at a cost of $34,087.00, from
Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867; and the
upfitting of said vehicle by Jack Doheny Company, 777 Doheny Drive,
Northville, Michigan 48167, at a cost of $180,373.00, for a total amount
not to exceed $214,460.00, to be used primarily by the Water
Maintenance Section of the Department of Public Works, and also to
assist the Roads and Engineering Departments on other infrastructure
issues, the same to be expended from funds already budgeted in Account
No: 592-142-000; 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 MI-Deal
Contract No. 071B7700180 and Macomb County Contract #21-18 for the
new vehicle purchase; and through Sourcewell (formerly NJPA) Contract
#122017-RVL for the upfitting 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.
#238-19 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
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Council does hereby authorize the purchase of one (1) 2020 Freightliner
Self Loading Single Axle Dump Truck Model M2, in an amount not to
exceed $80,880.00, from Wolverine Freightliner, 107 S. Groesbeck, Mt.
Clemens, Michigan 48043; and the upfitting of said vehicle by Versalift
Midwest, 51761 Danview Technology Court, Shelby Township, Michigan
48315, at a cost of $155,699.00, for a total amount not to exceed
$236,579.00, to be utilized by the Roads and Forestry Departments and
to replace a similar vehicle which has surpassed its life expectancy (a
2000 model); FURTHER, an amount not to exceed $236,579.00 is hereby
authorized to be expended from the 2018-2019 Capital Outlay budget
(Account No. 401-000-985-010) for this purpose; FURTHER, the Council
does hereby determine to authorize the said purchase without competitive
bidding inasmuch as the same is purchased through the Rochester Hills
Co-Op Award Agreement, reference number RFP-RH-13-30 and the
upfitting of said vehicle is based upon the low State of Michigan bid price
under MI-Deal Contract No. 071B7700166; 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.
#239-19 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) 2020 Single Axle
Freightliner Dump Trucks Model 108sd, at a cost of $90,678.00 each, for
a total amount not to exceed $272,034.00, from Wolverine Freightliner,
107 S. Groesbeck, Mt. Clemens, Michigan 48043; and the upfitting of said
vehicles by Truck and Trailer Specialties, 1200 Victory Drive, Howell,
Michigan 48843, at a cost of $92,071.67 each, for a total amount not to
exceed $276,215.00, for a grand total not to exceed $548,249.00, to be
utilized by the Roads Department and to replace similar vehicles which
have surpassed their life expectancy; FURTHER, an amount not to
exceed $548,249.00 is hereby authorized to be expended from the 2018-
2019 Capital Outlay budget (Account No. 401-000-985-010) for this
purpose; FURTHER, the Council does hereby determine to authorize the
said purchase without competitive bidding inasmuch as the vehicles are
purchased and upfitted through the Rochester Hills Co-Op Award
Agreement, reference number RFP-RH-13-30; 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 vehicles at public auction
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hosted by the Michigan Inter-governmental Trade Network (MITN) or
commercial auction after receipt of the new vehicles.
#240-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 3, 2019, which bears
the signature of the Director of Public Works and the Director of Finance,
is reviewed as to form by the Chief Assistant City Attorney, and approved
for submission by the Mayor, to which is attached an Intergovernmental
Agreement between the County of Wayne and the City of Livonia for
the improvements of Inkster Road from Five Mile Road to Six Mile Road,
the Council does hereby approve the proposed Intergovernmental
Agreement between the County of Wayne and the City of Livonia;
and the Mayor and City Clerk are hereby authorized, for and on behalf
of the City of Livonia, to execute the Intergovernmental Agreement in the
manner and form herein submitted, subject to approval as to form and
substance by the Department of Law; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $61,726.00
from funds already budgeted in Account No: 202-463-818-125 (Major
Street Fund - City Participation in MDOT and County Projects) for this
purpose; FURTHER, the Council does hereby authorize a Working Capital
Advance to the County of Wayne in the amount of $30,863.00 as fifty
percent (50%) of the City of Livonia’s participation of the total project cost
(4.54%); and the City Engineer is hereby authorized to approve any 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.
A communication from the Director of Finance, dated June 11, 2019, re:
Delinquent Water Bill Balance, 37800 Six Mile Road, was received and placed
on file for the information of the Council.
#241-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 22, 2019, which is
approved by the Director of Public Works, approved as to form by the City
Attorney and approved for submission by the Mayor, with regard to a
request from Laurel Park Retail Properties, LLC, a Delaware Corporation,
in conjunction with the construction of a storm drainage system that
provides adequate drainage from property developed at 37800 Six Mile
Road, Livonia, Michigan, the Council does hereby determine as follows:
1. To accept on behalf of the City of Livonia, the jurisdiction and
maintenance of the storm sewer within the property located on the
north side of Six Mile Road, on the east side of Laurel Park Drive
North, in the S.E. ¼ of Section 7, for the development of Panera
Bread, which accommodates storm water from property developed
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at 37800 Six Mile Road. (See maintenance agreement from the
owner Laurel Park Retail Properties, LLC, a Delaware limited
liability company, 2030 Hamilton Place Boulevard, Suite 500,
Chattanooga, Tennessee 37421, attached to said report and
recommendation, indicating a corporate willingness to maintain the
system and reimburse the City for any maintenance the City
performs); and
2. To authorize the Mayor and City Clerk to execute the Storm Water
Facilities Maintenance Agreement on behalf of the City.
#242-19 RESOLVED, that having considered a communication from
the Assistant City Engineer, dated June 4, 2019, approved by the City
Engineer and the Director of Public Works, and approved for submission
by the Mayor, wherein a request is submitted to vacate the southern 33’
of Surrey Avenue, south of Graytona Avenue, in the Northeast ¼ of
Section 28, to facilitate the relocation of the entrance and exit gates to the
DPW complex, the Council does hereby refer this item to the City Planning
Commission for action and recommendation in accordance with
provisions of law and City Ordinance.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Meakin, Jolly, Bahr, White McIntyre and Toy
NAYS: None
The President declared the resolutions adopted.
White gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 010 OF TITLE 12,
CHAPTER 16 (PARKS AND PLAYGROUNDS) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED.
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.
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Meakin took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 020 OF CHAPTER 52
(FIREWORKS) TO TITLE 8 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Meakin, Jolly, Bahr, White, McIntyre and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
McIntyre took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE ADDING CHAPTER 06 (SMALL CELL
WIRELESS FACILITIES DEPLOYMENT) TO TITLE 12,
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Meakin, Jolly, Bahr, White, McIntyre and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
White took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE RENAMING CHAPTER 05
(TELECOMMUNICATIONS SUBJECT TO THE METROPOLITAN
EXTENSION TELECOMMUNICATIONS RIGHT-OF-WAY
OVERSITE (METRO ACT) TO TITLE 12, OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED.
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A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Meakin, Jolly, Bahr, White, McIntyre and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Photographs depicting the exterior appearance of building located at
27717 and 27719 Seven Mile Road, dated July 1, 2019 and July 2, 2019, re:
Petition 2019-04-02-05, were received and placed on file for the information of
the Council.
Proposed exterior elevation plans, dated February 25, 2019 and revised
July 3, 2019, re: Petition 2019-04-02-05, were received and placed on file for
the information of the Council.
An Exterior Design drawing, dated May 12, 2019, and changes to Site
Plan, Exterior Elevations and Interior Layout, identified February 28, 2019
(Commission) to June 11, 2019 (Council), re: Petition 2019-04-02-05, were
received and placed on file for the information of the Council.
On a motion by Jolly, supported by Meakin, it was:
#243-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 15, 2019, approved for
submission by the Mayor, which transmits its resolution #05-40-2019,
adopted on May 14, 2019, with regard to Petition 2019-04-02-05,
submitted by Piano Shoe Properties L.L.C., to utilize a Micro Brewer
license, redevelop site, expand the parking lot and modify exterior façade
of the existing building on property located on the south side of Seven Mile
Road between Inkster Road and Harrison Avenue (27717 and 27719
Seven Mile Road) in the Northeast ¼ of Section 12, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 2019-04-02-05 is hereby approved and granted,
subject to the following conditions:
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1. That the use of a Micro Brewer license at this location shall be
permitted provided that the Zoning Ordinance standard set forth in
Section 10.03(j)(2) requiring that there be at least 1,000 feet of
separation between any other such licensed establishment is
waived by the City Council;
2. That the Site Plan, identified as Drawing No. C-03 dated February
27, 2019, as revised, and received by the Livonia City Council
Office on June 11, 2019, prepared by National Consultants and
Engineering LLC, is hereby approved and shall be adhered to;
3. That the maximum customer seating count shall not exceed 24
inside the brewery building (requiring 12 parking spaces) and 27 in
the beer garden (requiring 9 parking spaces), except that the
seating is allowed to increase to 27 and 30, respectively, should
the Petitioner be granted a variance from the Zoning Board of
Appeals or secure a parking agreement with a nearby business for
additional parking;
4. That the hours of operation shall be limited to the hours as set forth
in Table 1 in the letter from Piano Shoe Properties, LLC, dated May
7, 2019;
5. That the landscape plan identified as LP-1 dated January 25, 2019
prepared by Nagy Devlin Land Design is hereby approved and
shall be adhered to, except that evergreen trees and/or tall
evergreen shrubs shall be planted between the wall and the
parking lot for additional buffering;
6. That underground sprinklers are to be provided for all landscaped
and sodded areas (but not including the bioretention basins) and
all planted materials shall be installed to the satisfaction of the
Inspection Department and thereafter permanently maintained in a
healthy condition;
7. That the architectural elevation plan identified as Sheet No. PD2
dated February 25, 2019 and revised July 3, 2019 prepared by
Joseph Philips Architect is hereby approved and shall be adhered
to;
8. That the three walls of the trash dumpster area shall be constructed
out of building materials that shall complement that of the building.
The enclosure gates shall be of solid panel steel construction or
durable, long-lasting solid panel fiberglass. The trash dumpster
area shall always be maintained and when not in use closed ;
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9. That this site shall meet either the City of Livonia or the Wayne
County Storm Water Management Ordinance, whichever applies,
and shall secure any required permits, including soil erosion and
sedimentation control permits;
10. 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;
11. That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Zoning Board of Appeals;
12. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows;
13. 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;
14. 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
15. 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.
Cheryl Kassak, 19004 Deering, addressed Council about her concerns with food
trucks at this venue.
Following discussion by Council, a roll call vote was taken on the foregoing
resolution by Jolly, supported by Meakin, with the following result:
AYES: Meakin, Jolly, Bahr, White, McIntyre, Toy
NAYS: None
The President declared the resolution adopted.
On a motion by White, supported by McIntyre, it was:
#244-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 15, 2019, approved for
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submission by the Mayor, which transmits its resolution #05-40-2019,
adopted on May 14, 2019, with regard to Petition 2019-04-02-05,
submitted by Piano Shoe Properties L.L.C., to utilize a Micro Brewer
license, redevelop site, expand parking lot and modify exterior façade of
the existing building on property located on the south side of Seven Mile
Road between Inkster Road and Harrison Avenue (27717 and 27719
Seven Mile Road) in the Northeast ¼ of Section 12, 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: Meakin, Jolly, Bahr, White McIntyre and Toy
NAYS: None
The President declared the resolution adopted.
On a motion by Meakin, supported by Jolly, and unanimously adopted, it
was:
#245-19 RESOLVED, that having considered a communication from
the Chairman of the Zoning Board of Appeals, dated May 28, 2019,
approved for submission by the Mayor, regarding a proposed amendment
to Zoning Ordinance No. 543 to permit high-end internet-based car sales
within M-1 (Light Manufacturing) districts, the Council does hereby refer
this item to the Planning Commission for its report and recommendation.
On a motion by Bahr, supported by Meakin, and unanimously adopted, it
was:
#246-19 RESOLVED, that pursuant to Section 21.02 of the Zoning
Ordinance of the City of Livonia, Ordinance No. 543, as amended, and
Section 601 of Act 110 of the Public Acts of Michigan of 2006, as
amended, Christopher N. Boloven, 17405 Ellen Drive, Livonia, Michigan
48154, is hereby appointed to the Zoning Board of Appeals for a three-
year term that expires on July 12, 2022, with all the authority and duties
as set forth in the said Zoning Ordinance and Act 110, and further
provided that Mr. Boloven takes the Oath of Office as required in Chapter
X, Section 2 of the City Charter, to be administered by the Office of the
City Clerk.
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On a motion by Meakin, supported by Jolly, and unanimously
adopted, it was:
#247-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 14, 2019, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works, and approved for submission by the Mayor, regarding
additional appropriation and expenditure for the 2019 Asphalt Road
Paving Program (Contract 19-A) in connection with the Fire Station
#1/Livonia Police Department and Jack E. Kirksey Recreation Center
parking lot improvements, the Council does hereby appropriate and
authorize an additional expenditure in the amount of $247,144.00 for the
2019 Asphalt Road Paving Program (Contract 19-A, approved by Council
Resolution 119-19, adopted on April 8, 2019), increasing the estimated
total contract amount from $3,617,128.12 to $3,864,272.12, such
additional amount being payable to Nagle Paving Company, 36780
Amrhein, Livonia, MI 48150, for completing all work required in connection
with the Fire Station #1/Livonia Police Department and Jack E. Kirksey
Recreation Center Parking Lot Improvement Projects; FURTHER, the
Council does hereby authorize the action herein without competitive
bidding in accordance with Section 2.04.140.D.3 of the Livonia Code of
Ordinances, as amended, since no advantage to the City would result
from competitive bidding; FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $72,144.00 for the asphalt
portion of the Fire Station #1/Livonia Police Department parking lot
improvements and $175,000.00 for the Jack E. Kirksey Recreation Center
parking lot improvements, for a total amount not to exceed $3,864,272.12
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.
On a motion by White, supported by Jolly, and unanimously adopted, it
was:
#248-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 24, 2019, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works, and approved for submission by the Mayor, regarding
additional appropriation and expenditure for the 2019 Concrete Road
Paving Program (Contract 19-C, previously authorized in Council
Resolution No. 54-19, adopted on February 25, 2019) in connection with
the Fire Station #1 and Livonia Police Department parking lot
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Regular Meeting Minutes of July 8, 2019
improvements, the Council does hereby appropriate and authorize an
additional expenditure in the amount of $200,000.00 for the 2019
Concrete Road Paving Program (Contract 19-C), increasing the estimated
total contract amount from $4,300,000.00 to $4,500,000.00, such
additional amount being payable to Hard Rock Concrete, Inc., 38146
Abruzzi Drive, Westland, Michigan 48185, for completing all work required
in connection with the concrete portion of the Fire Station #1/Livonia
Police Department parking lot improvements; FURTHER, the Council
does hereby authorize the action herein without competitive bidding in
accordance with Section 2.04.140.D.3 of the Livonia Code of Ordinances,
as amended, since no advantage to the City would result from competitive
bidding; FURTHER, the Council does hereby authorize an expenditure
in an amount not to exceed $200,000.00 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.
During Audience Communication, State Representative Jewel Jones expressed
his support for the Livonia community.
On a motion by Meakin, supported by Jolly, and unanimously adopted,
this 1,876th Regular Meeting of the Council of the City of Livonia was adjourned
at 7:55 p.m. on July 8, 2019.
_____________________
Susan M. Nash, City Clerk