HomeMy WebLinkAbout2019-08-26
41060
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SEVENTY-NINTH
REGULAR MEETING OF AUGUST 26, 2019
On August 26, 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 Cathy White led the meeting in the Pledge.
Roll was called with the following result: Cathy White, Kathleen McIntyre,
Brian Meakin, Jim Jolly, Brandon Kritzman, Scott Bahr and President Laura Toy.
Absent: None.
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; Lynda Scheel, Treasurer; Judy Priebe;
Director of Legislative Affairs; Linda McCann, Director of Community Resources;
State Representative Laurie Pohutsky; and Mayor Dennis Wright.
On a motion by Jolly, supported by White, it was:
#276-19 RESOLVED, that the minutes of the 1,878th
Regular Meeting of Council held August 12, 2019 are
approved as presented.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: White, McIntyre, Meakin, Jolly, Kritzman and Toy
NAYS: None
PRESENT: Bahr
The President declared the resolution adopted.
Councilmember McIntyre offered condolences to the family of Reserve Police
Officer Tom Gibson who recently passed. Councilmember McIntyre wished a
Happy Birthday and Anniversary to her husband, Brian, and indicated they will
th
celebrate their 30 anniversary this week.
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Regular Meeting Minutes of August 26, 2019
Vice President Jolly wished his wife, Katie, a Happy 11th Anniversary.
Councilmember Bahr wished all the kids returning to school a great year.
President Toy presented commendations on behalf of Mayor and Council to the
multitude of sponsors, friends and volunteers who were instrumental in their
support and dedication to bring the Vietnam Moving Wall Monument to the City
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of Livonia August 8 through August 12.
President Toy stated there is New Data on Items 26 and 27.
During Audience Communication Jan Tagami, 36507 Dover, addressed Council
re: sidewalk collapsing in front of her home as result of a sewer line problem.
She inquired if the City could assist with the cost of repairing the sidewalk and
indicated the cost has become overwhelming.
Gini Krenz, 34075 Pembroke, inquired if Council would consider addressing the
exploding population of deer and coyotes throughout the community.
Sabrina Hana, 36218 Roycroft, stated her family is throwing her a going away
party this Thursday as she is getting married soon and requested permission for
a noise waiver to have a party at her home with DJ music until 11:00 p.m.
On a motion by White, supported by Meakin, and unanimously adopted,
it was:
#277-19 RESOLVED, that having considered the request of Sabrina
Hana at the Regular Meeting held August 26, 2019, regarding permission
to waive Section 8.32.070 (Noise Control) of the Livonia Code of
Ordinances, as amended, for the purpose of her parents hosting a party
with music for her wedding at their home located at 36218 Roycroft Street,
from 6:30 p.m. to 11:00 p.m. on Thursday, August 29, 2019, the Council
does hereby determine to waive Section 8.32.070 (Noise Control) of the
Livonia Code of Ordinances between the hours of 6:30 p.m. and 11:00
p.m. in connection with this event to be held on Thursday, August 29,
2019.
A communication from the Department of Finance, dated July 31, 2019,
re: various Quarterly Investment Report of the City of Livonia as of May 31, 2019,
was received and placed on file for the information of the Council.
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Regular Meeting Minutes of August 26, 2019
On a motion by Jolly, supported by Kritzman, it was:
#278-19 RESOLVED, that having considered a communication from
Charles Rostamloo, received by the Office of the City Clerk on July 26,
2019, which requests permission to waive Section 8.32.070 (Noise
Control) of the Livonia Code of Ordinances, as amended, to hold a
wedding reception with a DJ and music playing throughout the event at
their home located at 19340 Merriman Court, scheduled for Saturday,
September 7, 2019, from 5:00 p.m. to 12:30 a.m., the Council does hereby
determine to waive Section 8.32.070 (Noise Control) of the Livonia Code
of Ordinances between the hours of 5:00 p.m. and 12:30 a.m. in
connection with this event to be held on Saturday, September 7, 2019.
#279-19 RESOLVED, that having considered an application from
Karen Werden, 19651 Flamingo Boulevard, Livonia, MI 48152, dated July
19, 2019, requesting permission to close Flamingo Boulevard between St.
Martins and Bretton, on Saturday, September 7, 2019, from 2:00 p.m. to
10:00 p.m., for the purpose of conducting a block party, the Council does
hereby grant permission as requested, including therein permission to
conduct the said affair on Sunday, September 8, 2019, in the event of
inclement weather, the action taken herein being made subject to the
approval of the Police Department.
#280-19 RESOLVED, that having considered an application from
Krista Leavens, dated July 23, 2019, requesting permission to close
Grandon, between Harrison and Brentwood, on Saturday, September 21,
2019, from 3:00 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.
#281-19 RESOLVED, that having considered an application from
Katharine Faitel and Nancy Kostin, dated August 2, 2019, requesting
permission to close Edgewood, between Scone and Perth, 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, the action taken herein being made subject to the approval of
the Police Department.
#282-19 RESOLVED, that having considered an application from
Daniel R. Coon, President, Livonia Community Swim Club, received by
the Office of the City Clerk on July 26, 2019, the Council does hereby take
this means to indicate that the Livonia Community Swim Club is
recognized as a non-profit organization operating in the community, and
the action herein being taken for the purpose of affording the Livonia
Community Swim Club the opportunity to qualify for a charitable gaming
license or registration from the State of Michigan in accordance with
provisions of State statute.
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Regular Meeting Minutes of August 26, 2019
#283-19 RESOLVED, that having considered an application from
Richard Rich, Treasurer, Livonia Youth Philharmonic of Michigan, dated
July 31, 2019, the Council does hereby take this means to indicate that
the Livonia Youth Philharmonic of Michigan is recognized as a non-profit
organization operating in the community, and the action herein being
taken for the purpose of affording the Livonia Youth Philharmonic of
Michigan the opportunity to qualify for a charitable gaming license or
registration from the State of Michigan in accordance with provisions of
State statute.
#284-19 RESOLVED, that having considered a communication from
the City Engineer, dated July 30, 2019, approved for submission by the
Mayor, to which is attached a letter from Dean M. DeVonce, DeVonce
Custom Construction, Inc., dated June 19, 2019, requesting a waiver of
the sidewalk requirement in front of the newly constructed single-family
home located at 16855 Mayfield Street, in the N.W. ¼ of Section 15, 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 City Clerk, dated July 23, 2019, to
which is attached a communication from Michael T. Slater, Treasurer, Plymouth
Road Development Authority, re: Tax Rate Request for the Plymouth Road
Development Authority for the 2019 tax year, was received and placed on file for
the information of the Council.
A communication from the Office of the City Clerk, dated July 23, 2019, to
which is attached a communication from Alison Smith, Livonia Board of
Education Director of Finance, dated June 17, 2019, re: requesting the City to
continue to collect one-half of the district’s taxes with the summer tax collection
and the remaining one-half with the winter tax collection, commencing July 1,
2019, was received and placed on file for the information of the Council.
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Regular Meeting Minutes of August 26, 2019
A communication from the Office of the City Clerk, dated July 23, 2019, to
which is attached a communication from David Bergeron, Assistant
Superintendent, Clarenceville School District, dated June 13, 2019, re: Tax
Collection for the Clarenceville School District for the 2019 School Year, was
received and placed on file for the information of the Council.
A communication from the Office of the City Clerk dated July 23, 2019, to
which is attached a communication from Dr. Glenn Cerny, VP and CFO of
Schoolcraft College, dated May 22, 2019, re: Tax Collection for Schoolcraft
Community College District for the 2019-2020 School Year, was received and
placed on file for the information of the Council.
A communication from the Office of the City Clerk, dated July 23, 2019, to
which is attached a communication from Michelle Saunders, Executive Director
of Financial Services for Oakland Schools ISD, dated May 22, 2019, re: Tax
Collection for Oakland Schools ISD for the 2019-2020 School Year, was received
and placed on file for the information of the Council.
A communication from the Office of the City Clerk, dated July 25, 2019, to
which is attached a communication from Tamara Dust, Finance Manager of the
Wayne County Regional Education Service Agency (RESA), dated June 12,
2019, re: Tax Collection for Wayne County Regional Educational Service
Agency (RESA) for the 2019 School Year, was received and placed on file for
the information of the Council.
A communication from the Office of the City Clerk, dated July 23, 2019, to
which is attached a communication from Scott T. Vandemergel, MMAO(4),
Director, Division of Assessment and Equalization, Charter County of Wayne,
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dated June 6, 2019, re: Tax Collection for the County of Wayne for the 2019 Tax
Rate, was received and placed on file for the information of the Council.
A communication from the Office of the City Clerk, dated July 23, 2019, to
which is attached a communication from Rachael Eubanks, State Treasurer,
State of Michigan Department of Treasury, dated April 1, 2019, re: Tax Collection
for State of Michigan, State Education Tax for the 2019 School Year, was
received and placed on file for the information of the Council.
#285-19 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated July 10,
2019, 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
Cedar Preservation Systems, 28243 Beck Road, R-10, Wixom, MI 48383, for
performing all work required in connection with the replacement of the cedar
shake roof of the Hinbern House located at Greenmead in an amount not to
exceed $19,800.00, the same being the lowest cost proposal received and
meets all specifications; FURTHER, the Council does hereby authorize an
appropriation and expenditure in an amount not to exceed $19,800.00 from
funds already budgeted in Account No. 101-893-931-220 (Greenmead
Maintenance Account) for this purpose; FURTHER, the Mayor and City Clerk
are hereby authorized to execute a contract, for and on behalf of the City of
Livonia with Cedar Preservation Systems, subject to approval as to form and
substance by the Department of Law, and to do all things necessary or
incidental to the full performance of this resolution.
#286-19 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation and the
Information Systems Director, dated July 3, 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,
requesting that the City enter into an In Building Radio Distribution
Agreement with Cellco Partnership d/b/a Verizon Wireless, a Delaware
General Partnership, One Verizon Way, Mail Stop 4AW100, Basking
Ridge, NJ 07920, to provide extended cell phone service coverage inside
the Jack E. Kirksey Recreation Center, with the City’s only cost being to
provide power to the radio equipment, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the In Building Radio Distribution Agreement with Cellco
Partnership d/b/a Verizon Wireless in the manner and form herein
submitted, subject to approval as to form and substance by the
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Regular Meeting Minutes of August 26, 2019
Department of Law, and to do all other things necessary or incidental to
the full performance of this resolution.
#287-19 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
July 29, 2019, 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 of the walking path at Bicentennial Park, which has
been unusable due to major storm water management issues, from Best
Asphalt, 6334 N. Beverly Plaza, Romulus, MI 48174, for a total amount
not to exceed $24,329.55, to include materials and labor necessary to
perform the emergency repairs; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $24,329.55 from
funds already budgeted for this purpose in the unexpended fund balance
of the Community Recreation Fund (208); 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.
#288-19 RESOLVED, that having considered a communication from
the Fire Chief, dated July 29, 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 two (2) Lucas Chest
Compression Systems from Stryker Medical, 3800 E. Center Avenue,
Portage, MI 49002, to provide the community with state-of-the-art, highly
efficient CPR and improved patient care, in a total amount not to exceed
$32,062.49; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $32,062.49 from funds already
budgeted in Account No. 101-338-979-000 (Capital Outlay-Fire
Equipment) for this purpose; FURTHER, the Council does hereby
determine to authorize the said purchase without competitive bidding
inasmuch as Stryker Medical is the sole authorized dealer of Lucas Chest
Compression Systems 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.
#289-19 RESOLVED, that having considered a communication from
the Fire Chief, dated July 29, 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) Power Load Cot
Fastening System from Stryker Medical, 3800 E. Center Avenue, Portage,
MI 49002, to add to the Department’s existing fleet of compatible Stryker
Ambulance Cots, in a total amount not to exceed $22,186.71; FURTHER,
the Council does hereby authorize an expenditure in an amount not to
exceed $22,186.71 from funds already budgeted in Account No. 101-338-
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Regular Meeting Minutes of August 26, 2019
979-000 (Capital Outlay-Fire Equipment) for this purpose; FURTHER, the
Council does hereby determine to authorize the said purchase without
competitive bidding inasmuch as Stryker Medical is the sole authorized
dealer of Power Load Cot Fastening Systems for compatibility with the
department’s existing fleet of Stryker ambulance cots 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.
#290-19 RESOLVED, that Leo Soave, as proprietor, having
requested the City Council approve the proposed Dover Court Site
Condominium Development (f/k/a Grove Court), located on the south side
of Ann Arbor Trail between Norwich Avenue and Wayne Road in the
Southwest ¼ of Section 33 (34417 Ann Arbor Trail and 34391 Dover
Avenue) (hereafter the “Condominium”), and it further appearing that
approval of the site plan for the Condominium was given by the City
Planning Commission on March 5, 2019, and by the City Council on April
8, 2019, and it further appearing the 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 August 2, 2019; and the City
Council having approved the Master Deed on April 8, 2019, in Council
Resolution 123-19; 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, 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;
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(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
improvements, utilities and grading by the proprietor within the
prescribed period in the following amounts:
(a) General Improvement Bond $466,200.00, of which at
least $46,620.00 shall be in cash
(b) Sidewalk Bond $ 38,500.00, of which at
least $7,500.00 shall be in cash
(c) Grade & Soil Erosion
Control Bond $ 3,000.00 (all cash)
(d) Entrance Markers/Landscaping $ 5,000.00 (all cash)
(e) Monuments and Markers Bond $ 1,000.00 (all cash)
(f) As-Built Drawings Bond $ 10,000.00 (all cash)
and require cash payments in addition to the above amounts, in the
total amount of $73,120.00, less $3,000.00 Grade & Soil Erosion
Control Bond paid on June 21, 2019, for total cash bonds due
$70,120.00;
(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.
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Regular Meeting Minutes of August 26, 2019
#291-19 RESOLVED, that having considered a communication from
the City Engineer, dated August 2, 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, to which is attached a price list for
various items needed for the Hubbard Road Shoulder Improvement
Project, Contract 19-E, the Council does hereby authorize and accept the
quote of Nagle Paving Company, 36780 Amrhein, Livonia, Michigan
48150 for completing all work required in connection with the Hubbard
Road Shoulder Improvement Project (Contract 19-E), Buchanan
Elementary to Six Mile Road, by extending their 2019 Asphalt Road
Program pricing, with the exception of revised unit prices for Bid Items 18
thru 22, 24, 25 and 38 (due to the smaller quantities for the storm sewer
portion of the project), based upon 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, for a total
amount not to exceed $216,027.00; FURTHER, the Council does hereby
authorize such action without competitive bidding for the reasons
indicated in the aforesaid communication, including that at present the
product is not competitive, and such action is taken in accordance with
Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended;
FURTHER, the Council does hereby authorize an appropriation and
expenditure in an amount not to exceed $138,321.00 from funds budgeted
in Account No. 204-463-974-200 (Non-Motorized Paths) and $77,706.00
from the Unexpended Fund Balance of the Road, Sidewalk and Tree Fund
(204), for a total amount not to exceed $216,027.00, for this purpose;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $206,027.00 payable to Nagle Paving Company,
36780 Amrhein, Livonia, Michigan 48150 for costs related to the Hubbard
Road Shoulder Improvement Project and $10,000.00 payable to OHM
Advisors, 34000 Plymouth Road, Livonia, Michigan 48150 for construction
testing and inspection costs; 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 Nagle Paving Company and
to do all other things necessary or incidental to the full performance of this
resolution.
#292-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 26, 2019, approved for
submission by the Mayor, which sets forth its Council Resolution #07-66-
2019, adopted on July 23, 2019, with regard to a request from Mandy
Gauss, P.E., Senior Project Manager, CESO, Inc., dated June 14, 2019,
for an additional one-year extension of the waiver use approval of Petition
2018-05-02-11, originally granted in Council Resolutions #254-18 and
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#255-18, adopted on July 9, 2018, to renovate the existing gas station,
including demolition of the existing building, construction of a new gas
station and the operation of a limited service restaurant (Speedy Café) on
property located on the northwest corner of Seven Mile and Newburgh
Roads (37416 Seven Mile Road), in the Southeast ¼ of Section 6, the
Council does hereby concur in the recommendation of the Planning
Commission and does hereby grant the requested extension for a one-
year period subject to compliance with all of the conditions set forth in the
original waiver use approval.
#293-19 RESOLVED, that having considered a communication from
the Department of Law, dated July 19, 2019, approved for submission by
the Mayor, in connection with a proposed amendment to Section 18.42A
of Article XVIII of Ordinance No. 543 and a proposed new Section 18.42B,
with regard to small cell wireless facility zoning regulations, the Council
does hereby refer this matter to the City Planning Commission for the
holding of a public hearing in accordance with provisions of Law and City
Ordinance.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: White, McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy
NAYS: None
The President declared the resolutions adopted.
White took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 16 OF THE ZONING MAP OF
THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE
NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF
LIVONIA ZONING ORDINANCE” BY ADDING SECTION 3._______
THERETO. (Petition 2019-05-01-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: White, McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy
NAYS: None
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The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
A communication from Douglas Brawn, Principal, Wellbrook Senior Living,
dated August 19, 2019, re: waiver petition for nursing and physical rehabilitation
facility (Mission Point Livonia) for property at 34350 Ann Arbor Trail, was received
and placed on file for the information of the Council.(Petition 2019-05-02-08)
A communication received from the Office of the Treasurer, dated August
8, 2019, re: delinquent and current property taxes due, 35350 Ann Arbor Trail,
was received and placed on file for the information of the Council. (Petition 2019-
05-02-08)
On a motion by White, supported by Meakin and unanimously adopted, it
was:
#294-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 18, 2019, approved for
submission by the Mayor, which transmits its resolution #06-53-2019,
adopted on June 11, 2019, and a communication from the Office of the
Treasurer, dated August 8, 2019, with regard to Petition 2019-05-02-08,
submitted by Livonia Healthcare Real Estate, L.L.C., requesting waiver
use approval to demolish the existing nursing home (St. Jude) and
construct a new building in its place for the purpose of operating a nursing
and physical rehabilitation facility (Mission Point Livonia) on the north side
of Ann Arbor Trail between Joy Road and Stark Road (34350 Ann Arbor
Trail) in the Southeast ¼ of Section 33, the Council does hereby concur
in the recommendation made by the City Planning Commission and
Petition 2019-05-02-08 is hereby approved and granted subject to the
following conditions:
1. That the Site Plan identified as Sheet Number SP dated May 3,
2019 as revised, prepared by Progressive Associates, Inc., is
hereby approved and shall be adhered to, subject to: a) approval
of variances from the Zoning Board of Appeals for deficient side
yard setback along Stark Road, and b) exceeding the maximum
useable floor area in percentage of lot area;
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2. That a public sidewalk shall be installed along the site’s frontage
on Ann Arbor Trail in accordance with the recommendations of the
City of Livonia Engineering Division;
3. That the Landscape Plan prepared by Nederveld, identified as
Sheet No. L-201 dated May 3, 2019 as revised, showing the
sidewalk and additional plantings along Stark Road, Ann Arbor
Trail and the east side of the property, is hereby approved and shall
be adhered to, except that the existing pine tree along the east side
of the property as referenced in the Planning Commission minutes
and resolution shall be removed;
4. That all disturbed lawn areas, including road rights-of-way, shall be
sodded in lieu of hydro seeding;
5. That underground sprinklers are to be provided for all landscaped
and sodded areas and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition;
6. That the Preliminary Building Elevations identified as Sheet
Numbers SK1 and SK2, both dated May 3, 2019 as revised,
prepared by Progressive Associates, Inc., are hereby approved
and shall be adhered to;
7. 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 storm water
management permits, wetlands permits and soil erosion and
sedimentation control permits, from Wayne County, the City of
Livonia, and/or the State of Michigan;
8. That the petitioner shall correct to the Fire Department’s
satisfaction the stipulations contained in the correspondence dated
May 4, 2019;
9. That all light fixtures shall not exceed twenty feet (20’) in height and
shall be aimed and shielded so as to minimize stray light
trespassing across property lines and glaring into adjacent
roadways;
10. 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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Regular Meeting Minutes of August 26, 2019
11. 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;
12. That all taxes due and payable regarding the subject real and
personal property shall be paid in full prior to issuance of any
building or demolition permit in connection with the referenced
waiver use approval; and
13. 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 communication from CBL & Associates Properties, Inc., received on
August 23, 2019, re: entry elevations for Dunham’s Sports sign, was received
and placed on file for the information of the Council. (Petition 2019-06-08-10)
On a motion by Kritzman, supported by McIntyre, and unanimously
adopted, it was:
#295-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 26, 2019, which transmits its
resolution #07-65-2019, adopted on July 23, 2019, with regard to Petition
2019-06-08-10, submitted by CBL & Associates, on behalf of Dunham’s
Sports, to renovate the exterior of one of the units of the Laurel Park Place
Shopping Center, located on the northwest corner of Six Mile and
Newburgh Roads (17625 Six Mile Road) in the Southeast ¼ of Section 7,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 2019-06-08-10 is hereby approved and granted,
subject to the following conditions:
1. That the modifications as depicted on the exterior elevation plan
prepared by Casco + R5, as received by the Planning Commission
on June 21, 2019, is hereby approved and shall be adhered to;
2. 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;
3. That the specific plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for; and
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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 building permit is obtained, this approval shall be null
and void at the expiration of said period.
Various email communications received from residents conveying their
concerns with respect to a rezoning petition submitted by Etkin Management,
LLC, for property located north of Seven Mile Road between Newburgh and
I275/96 Expressway, were received and placed on file for the information of the
Council. (Petition 2019- 02-01-02)
On a motion by Jolly, supported by White, it was:
#296-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 30, 2019, which transmits its
resolution #05-45-2019, adopted on May 28, 2019, with regard to Petition
2019-02-01-02, submitted by Etkin Management, LLC, requesting to
rezone the property located on the north side of Seven Mile Road between
Newburgh Road and the I-275/96 Expressway (37640 Seven Mile Road)
in the Southeast ¼ of Section 6, from R-U-F (Rural Urban Farm) to R-8
(High Rise Multiple Family Residential District – Maximum four (4)
Stories), and the Council having conducted a public hearing with regard
to this matter on Wednesday, July 17, 2019, the Council does hereby
reject the recommendation of the Planning Commission and Petition
2019-02-01-02 is hereby denied for the following reasons:
1. That the proposed change of zoning and anticipated multi-family
residential apartment use would unduly tax and conflict with the
established and normal traffic flow of the area;
2. That the proposed change of zoning is inconsistent with adjacent
zoning districts in the area;
3. That the proposed change of zoning is inconsistent with the
established pattern of the surrounding development and would
adversely alter the character of the area; and
4. That the proposed zoning change is not supported by the recently
adopted Future Land Use Plan which shows 37640 Seven Mile
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Regular Meeting Minutes of August 26, 2019
Road as Corridor Commercial and 19290 Victor Parkway as Parks
and Community.
President Toy passed the gavel to Vice President Jolly at 7:48 p.m.
Following discussion by Council, a roll call vote was taken on the original motion
by Jolly, supported by White, with the following result:
AYES: White, McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy
NAYS: None
The Vice President declared the resolution adopted.
President Toy resumed the gavel at 7:51 p.m.
On a motion by White, supported by Bahr, and unanimously adopted, it
was:
#297-19 RESOLVED, that having considered a communication from
the Director of Finance, dated July 31, 2019, approved for submission by
the Mayor, the Council does hereby determine to conduct a Finance,
Budget and Technology Committee meeting on Wednesday, September
th
25, 2019, at 7:00 p.m., in the 5 floor gallery, and a public hearing on
Wednesday, October 2, 2019, at 7:00 p.m., at the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan, with respect to the annual budget
for the fiscal year ending on November 30, 2020; and the City Clerk shall
give adequate public notice of said public hearing in accordance with
provisions of law and City Charter.
There was no Audience Communication at the end of the meeting.
On a motion by Jolly, supported by McIntyre, and unanimously adopted,
this 1,879th Regular Meeting of the Council of the City of Livonia was adjourned
at 7:52 p.m. on August 26, 2019.
_____________________
Susan M. Nash, City Clerk