HomeMy WebLinkAbout2021-01-13 41549
MINUTES OF THE ONE THOUSAND NINE HUNDRED TWELFTH
REGULAR MEETING OF JANUARY 13, 2021
On January 13, 2021, the above meeting was called to order via
remote Zoom technology by President Kathleen McIntyre at 7:00 p.m.
Councilmember Cathy White led the meeting in the Invocation.
Roll was called with the following result: Cathy White (Lehigh
Acres, Florida); Brandon McCullough (Livonia, Michigan), Rob Donovic
(Deployed); Jim Jolly (Livonia, Michigan); Laura Toy (Livonia, Michigan);
Scott Bahr (Livonia, Michigan): and President Kathleen McIntyre (Livonia,
Michigan). Absent: None.
Elected and appointed officials present: Mark Taormina,
Director of Planning and Economic Development; Todd Zilincik, City
Engineer; Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Lynda
Scheel, Treasurer; Curtis Caid, Chief of Police; Denise Maier, Director of
Human Resources; LaShawn Thomas, Director of Governmental Affairs;
Sara Kasprowicz, Administrator of Council Office; Casey O'Neil, Director
of Information Systems; and Dave Varga, Director of Administrative
Services.
On a motion by Toy, supported by Bahr, and unanimously adopted,
it was-
#0 1-21
as:#01-21 RESOLVED, that the revised minutes of the 1909th
Regular Meeting of the Council held November 16, 2020 are
approved as presented.
Regular Meeting Minutes of January 13, 2021 41550
On a motion by White, supported by Jolly, and unanimously
adopted, it was-
#02-21 RESOLVED, that the minutes of the 1,911t" Regular
Meeting of Council held December 14, 2020 are approved as
presented.
Councilmember Jolly announced the retirees for the month of December, those
being Thomas Blauvelt, Senior Police Officer, serving twenty-five years for the
City of Livonia; and Stanley Kotlarczyk, Maintenance Mechanic, serving twenty-
nine years; and Vicki Wuerth, Personnel Clerk, serving twenty years in the Civil
Service Department and wished them well on their retirement.
Vice President Bahr asked that the last item on the Consent Agenda, Item 12,
be removed from the Consent Agenda and be placed after Item 14 on the
Regular Agenda.
Councilmember Toy congratulated President McIntyre's son Patrick on his
acceptance into both Michigan State University and Xavier.
President McIntyre wished a Happy 101St birthday to Alice Hosback, an
outstanding resident of Silver Village.
Councilmember White, as Parliamentarian of Council, reviewed the rules for
Audience Communication.
During Audience Communication Connie Dickey discussed the protestors at
Planned Parenthood and discussion was held regarding Ordinance violations.
A communication from the Office of the Mayor, dated January 7, 2021, re:
forwarding the Annual Report for the Fiscal Year 2019-2020, which reflect the
finances and administrative activities in the City, was received and placed on file
for the information of the Council.
On a motion by Jolly, supported by McCullough, it was-
#03-21 RESOLVED, that having considered the request of Council
President Kathleen E. McIntyre, at the Study Meeting held January 6,
2021, the Council does hereby refer the subject matter of a proposed
amendment to the Livonia Code of Ordinances to require that all animals
be held on a leash when off the owner's property, with exceptions at the
city dog park, within a confined area, or a Police K-9 Unit, to the Law and
Education Committee for its report and recommendation.
Regular Meeting Minutes of January 13, 2021 41551
A communication from the Office of the City Clerk, attaching a
communication from Scott T. Vandemergel, Director of Assessment &
Equalization, with the appropriate 2020 Tax Rate Request Form (L-4029),
requesting that the City collect the appropriate tax levy for the Wayne County Art
Institute Authority (WCAIA) as a winter tax, was received and placed on file for
the information of the Council.
A communication from the Office of the City Clerk, attaching a
communication from Maseer Rabbaig, Treasurer for the Wayne County
Zoological Authority (WCZA), with the appropriate 2020 Tax Rate Request Form
(L-4029), requesting that the City collect the appropriate tax levy for the Wayne
County Zoological Authority as a winter tax, was received and placed on file for
the information of the Council.
A communication from the Office of the City Clerk, attaching a
communication Rebecca Franchock, Chief of Finance for Wayne County, with
the appropriate 2020 Tax Rate Request Form (L-4029), requesting that the City
collect the appropriate tax levy for the Huron Clinton Metropolitan Authority as a
winter tax, was received and placed on file for the information of the Council.
#04-21 RESOLVED, that having considered a communication from
the Human Resources Director, dated December 2, 2020, which bears
the signatures of the Director of Finance and the City Attorney, and is
approved for submission by the Mayor, transmitting a resolution adopted
by the Civil Service Commission at its regular meeting of November 18,
2020, recommending salary and fringe benefit adjustments for the
classifications of Fire Chief and Deputy Fire Chief for the period December
1, 2018 through November 30, 2021, the Council does hereby concur in
the recommendation of the Civil Service Commission and the salary and
benefit adjustments for the classifications of Fire Chief and Deputy Fire
Chief are hereby approved for the period December 1, 2018 through
November 30, 2021 as set forth in the memorandum dated November 12,
Regular Meeting Minutes of January 13, 2021 41552
2020 from Denise C. Maier, Human Resources Director, which is attached
to the aforesaid communication.
#05-21 RESOLVED, that having considered a communication from
the Assessor, dated December 3, 2020, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, and in
accordance with Chapter VIII, Section 6 of the Charter of the City of
Livonia, the Council does hereby determine to approve the following dates
for the Board of Review to conduct Public Hearings in 2021, which Public
Hearings are to be conducted in the conference room of the City Assessor
on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan 48154:
Tuesday March 2, 2021 Organizational Meeting 9:00 a.m.
Monday March 8, 2021 9:00 a.m. — 12:00 p.m. 1:30 p.m. — 4:00 p.m.
Tuesday March 9, 2021 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m.
Wednesday March 10, 2021 5:00 p.m. - 9:00 p.m.
Thursday March 11, 2021 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m.
Friday March 12, 2021 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m.
Monday March 15, 2021 9:00 a.m. - 12:00 p.m.
FURTHER, the Council does hereby determine that the daily rate of
compensation to be paid to the members of the Board of Review shall be
$120.00 for the Chairperson and $100.00 for other members.
Pursuant to Public Act No. 165, Public Acts of 1971, we hereby give
notice that the following tentative ratios and multipliers will be used to
determine the State Equalized Value (S.E.V.) for the year 2021:
CLASS RATIO S.E.V. FACTOR (MULTIPLIER)
Agricultural 50.00 1.0000
Commercial 50.00 1.0000
Industrial 50.00 1.0000
Residential 50.00 1.0000
Personal 50.00 1.0000
#06-21 RESOLVED, that having considered the report and
recommendation of the Director of Parks and Recreation, dated
December 21, 2020, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
authorize the purchase and installation of Robbins Pulastic Classic 60
MAC Gym Flooring at the Jack E. Kirksey Recreation Center, to replace
the existing MAC Gym Flooring, utilizing the Sourcewell Purchasing
Program (formerly NJPA), which was awarded to Foster Specialty Floors,
30681 Wixom Road, PO Box 930382, Wixom, MI 48393 (under Contract
No: 160518-RBI), for a total amount not to exceed $116,589.50;
Regular Meeting Minutes of January 13, 2021 41553
FURTHER, an amount not to exceed $116,589.50 is hereby authorized to
be expended from Account No. 208-755-976-000 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
Sourcewell bid price (under Contract No. 160518-RBI) and Foster
Specialty Floors is the only authorized and qualified Robbins Sport
Surfaces installer in Michigan, 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.
#07-21 RESOLVED, that having considered the report and
recommendation of the Information Systems Director, dated December 1,
2020, 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) Dell Powerstore 1000T San Storage System, to
include installation, support and a 5-year warranty, for use in the City Hall
Data Center to increase storage system capacity, from Dell Technologies,
One Dell Way, Mail Stop 8129, Round Rock, TX 78682, in a total amount
not to exceed $71,038.93; FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $71,038.93 from funds already
budgeted in Account No. 101-915-982-000, for this purpose; FURTHER,
the Council does hereby authorize said purchase without competitive
bidding inasmuch as the same is being purchased through the State of
Michigan approved Midwest Higher Education Contract (MHEC) and such
action is taken in accordance with the provisions set forth in Section
3.04.140D4 of the Livonia Code of Ordinances, as amended; and the
Mayor and City Clerk are hereby authorized to execute a contract,
approved as to form and substance by the Department of Law, for and on
behalf of the City of Livonia with the aforesaid company and to do all other
things necessary or incidental to the full performance of this resolution.
#08-21 RESOLVED, that having considered the report and
recommendation of the Information Systems Director, dated December 1,
2020, 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) Dell Data Domain DD6900, to include installation,
support and a 5-year warranty, for use in the City Hall Data Center to
increase backup storage system capacity, from Dell Technologies, One
Dell Way, Mail Stop 8129, Round Rock, TX 78682, in a total amount not
to exceed $108,675.12; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $108,675.12 from funds already
budgeted in Account No. 101-915-982-000, for this purpose; FURTHER,
the Council does hereby authorize said purchase without competitive
bidding inasmuch as the same is being purchased through the State of
Michigan approved Midwest Higher Education Contract (MHEC) and such
action is taken in accordance with the provisions set forth in Section
3.04.140D4 of the Livonia Code of Ordinances, as amended; and the
Regular Meeting Minutes of January 13, 2021 41554
Mayor and City Clerk are hereby authorized to execute a contract,
approved as to form and substance by the Department of Law, for and on
behalf of the City of Livonia with the aforesaid company and to do all other
things necessary or incidental to the full performance of this resolution.
#09-21 RESOLVED, that Belaggio Homes, Inc., as proprietor,
having requested the City Council approve the proposed Livonia Manor I I I
Site Condominium, located on the north side of Seven Mile Road,
between Canterbury Avenue and Shrewsbury Drive in the Southeast 1/4
of Section 3 (31670 Seven Mile Road) (hereafter the"Condominium"), and
it further appearing that approval of the site plan for the Condominium was
given by the City Planning Commission on August 18, 2020, and by the
City Council on September 21, 2020, and it further appearing that such
site plan, together with Development Plans and Specifications for
Improvements, have been examined and approved by the Department of
Public Works as set forth in the report of that Department dated December
18, 2020; and the City Council having approved the Master Deed on
September 21, 2020, in Council Resolution 272-20; 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;
(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;
Regular Meeting Minutes of January 13, 2021 41555
(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 $ 95,466.00, of which at least
$ 9,547.00 shall be in cash
(b) Sidewalk Bond $ 3,300.00, of which at least
$ 330.00 shall be in cash
(c) Grade & Soil Erosion
Control Bond Not Applicable
(d) Entrance Markers/Landscaping Not Applicable
(e) Monuments and Markers Bond $ 250.00 (all cash)
(f) As-Built Drawings Bond $ 4,000.00 (all cash)
and require cash payments in addition to the above amounts, in the
total amount of$14,127.00;
(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.
#10-21 RESOLVED, that having considered a communication from
the City Engineer, dated December 16, 2020, approved by the Director of
Public Works and the City Attorney, and approved for submission by the
Mayor, to which is attached a communication from Juli Sala, PE, Licensed
Civil Engineer, Anderson, Eckstein & Westrick, Inc., dated August 19,
2020, on behalf of the owner, Botsford General Hospital, wherein a
request is submitted to vacate the public utility easement within the 18th
St. Development located at 39000 Seven Mile Road, the Council does
Regular Meeting Minutes of January 13, 2021 41556
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: White, McCullough, Donovic, Jolly, Toy, Bahr and McIntyre
NAYS: None
The President declared the resolutions adopted.
White gave first reading to the following Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition 2020-09-03-04)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting.
Jolly took from the table for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 14 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 2020-07-01-04)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: White, McCullough, Donovic, Jolly, Toy, Bahr and McIntyre
NAYS: None
The President declared the foregoing Ordinance duly adopted and would
become effective upon publication.
Regular Meeting Minutes of January 13, 2021 41557
On a motion by Bahr, supported by Toy, and unanimously adopted, it was:
#11-21 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 16, 2020, which
transmits its resolution#12-61-2020, adopted on December 15, 2020, with
regard to Petition 2020-11-08-07, submitted by Adams Park
Development, L.L.C., requesting to develop a site condominium (Adams
Park) consisting of thirty-nine (39) single-family homes on the properties
located on the south side of Lyndon Avenue between Inkster and
Middlebelt Roads (14416 Harrison Avenue and 28201 Lyndon Avenue,
former Adams Elementary School site) in the Southeast '/4 of Section 24,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 2020-11-08-07 is hereby approved and granted,
subject to the following conditions-
1.
onditions:1. That the Site Plan identified as Sheet 03, dated November 17,
2020, prepared by Michael L. Priest & Associates, Inc., is hereby
approved and shall be adhered to.
2. That the issues as outlined in the correspondence dated December
7, 2020, from the Fire Marshal shall be resolved to the satisfaction
of the Livonia Fire and Rescue Division.
3. That the Landscape Planting Plan identified as L-1 and the
Landscape Notes & Details identified as L-2, both dated November
19, 2020 as revised, 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. That the condominium Master Deed and Bylaws comply with the
requirements of the Subdivision Control Ordinance, Title 16,
Chapter 16.04-16.40 of the Livonia Code of Ordinance, and Article
XX, Section 20.01-20.06 of Zoning Ordinance #543.
6. That Section 6.7 Garages of the Bylaws shall be modified to include
front entries where applicable.
7. That the brick used in the construction of each condominium unit
shall be full face four-inch (4") brick.
8. In the event of a conflict between the provisions set forth in the
Master Deed and bylaws, and the requirements set forth in the City
of Livonia Zoning Ordinance No. 543, as amended, the Zoning
Ordinance requirements shall prevail, and petitioner shall comply
with the Zoning Ordinance requirements.
Regular Meeting Minutes of January 13, 2021 41558
9. 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, and giving the City of
Livonia the right to impose liens on each lot owner's property pro
rata and place said charges on their real estate tax bills in the event
said charges are not paid by the condominium association (or each
lot owner) within thirty (30) days of billing for the City of Livonia.
10. That all required cash deposits, certified checks, irrevocable bank
letters of credit and/or surety bonds which shall be established by
the City Engineer pursuant to Article XVIII of Ordinance No. 543,
Section 18.66 of the ordinance, shall be deposited with the City
prior to the issuance of engineering permits for this site
condominium development.
11. 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; and
12. 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 Toy, supported by Jolly, and unanimously adopted, it was-
#12-21 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 12, 2020, which sets
forth its resolution #11-58-2020, adopted on November 10, 2020, with
regard to Petition 2020-09-06-02, submitted by the City Planning
Commission, pursuant to Section 23.01(b) of the Livonia Zoning
Ordinance #543, as amended, to determine whether or not to amend
Article XXXI — NP District Regulations, of the City of Livonia Zoning
Ordinance No. 543, as amended, to expand the list of permitted uses
under Section 31.03 to include beneficial forest management practices,
such as the removal of invasive species, and selective trail construction
in accordance with the City's Master Parks and Recreation Plan and
nonmotorized transportation plan, Livonia Bike Walk, and the Council
having conducted a public hearing with regard to this matter on
Wednesday, December 16, 2020, the Council does hereby approve
Petition 2020-09-06-02 for preparation of the ordinance for submission to
Council; and the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this resolution.
Regular Meeting Minutes of January 13, 2021 41559
On a motion by Jolly, supported by Toy, and unanimously adopted, it was:
#13-21 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated December 14, 2020,
submitted pursuant to Council Resolution No. 349-20, regarding a
proposed ordinance amendment prohibiting on-street parking during the
period of bulk leaf pickup, the Council does hereby determine to take no
further action with regard to this matter.
On a motion by Bahr, supported by Toy, it was-
#14-21 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 16, 2020, approved for
submission by the Mayor, which transmits its resolution #12-60-2020,
adopted on December 15, 2020, with regard to Petition 2020-11-02-10,
submitted by LS Equity L.L.C., requesting to re-develop the commercial
shopping center (Shoppes of Livonia), including demolishing a portion of
the existing building, constructing a full-service restaurant with drive-thru
facilities (Chick-fil-A), constructing an addition and renovating the exterior
facade of the existing building, and constructing a multi-tenant retail
building with drive-thru facilities, located on the north side of Plymouth
Road between Haller Avenue and Middlebelt Road (29250-29350
Plymouth Road) in the Southwest '/4 of Section 25, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 2020-11-02-10 is hereby approved and granted,
subject to the following conditions-
1.
onditions:1. That the Overall Site Plan identified as Sheet No. C01, dated
November 5, 2020, as revised, prepared by Atwell, is hereby
approved, and shall be adhered to.
2. That the Landscape Plan identified as Sheet No. C04, dated
November 5, 2020, as revised, prepared by Atwell, is hereby
approved, and shall be adhered to, except that a plan for replacing
the trees and other plant materials along the site's frontage on
Middlebelt Road shall be incorporated as part of Phase 1 of the
development and submitted to the Planning Department for review
and approval, and shall be completed prior to occupancy of the
Chick-fil-A restaurant.
3. That all disturbed lawn areas shall be sodded in lieu of
hydroseeding.
4. 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.
Regular Meeting Minutes of January 13, 2021 41560
5. That the Exterior Elevations for the Chick-fil-A restaurant, as
received by the Planning Commission and date stamped
November 9, 2020, are hereby approved, and shall be adhered to.
6. That the Retail 1 — Elevations Plan identified as Drawing No.
SD03, prepared by NORR, as received by the Planning
Commission and date stamped November 9, 2020, is hereby
approved, and shall be adhered to.
7. That the Retail 2 — Elevations Plan identified as Drawing No. SD04,
prepared by NORR, as received by the Planning Commission and
date stamped November 9, 2020, is hereby approved, and shall be
adhered to.
8. 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.
9. That no less than six (6) weeks prior to the scheduled opening of
the Chick-fil-A restaurant, the Petitioner shall submit to the
Department of Public Safety Traffic Bureau for its review and
approval details of how traffic will be managed, both on- and off-site,
during the times when the stacking capacity of the drive-thru lanes
is exceeded or when undue traffic congestion is occurring on the
adjacent public thoroughfares, and provided further the Petitioner
shall enter into a signed contract with the Livonia Police Department
to provide necessary traffic control assistance as determined by the
Police Department.
10. That all traffic improvements, including additions or modifications to
the traffic signals, approach geometrics, or traffic lanes, as
deemed necessary by either Wayne County or the Michigan
Department of Transportation (MDOT) to mitigate the traffic
impacts of the project, shall be completed prior to the issuance of
Certificate of Occupancy.
11. That the three walls of the trash dumpster areas shall be
constructed out of building materials that shall complement that of
the buildings. The enclosure gates shall be of solid panel steel
construction or durable, long-lasting solid panel fiberglass.
12. That the proposed construction shall meet the Wayne County
Stormwater Ordinance, including detention requirements, and the
Petitioner shall secure all required permits, including soil erosion
Regular Meeting Minutes of January 13, 2021 41561
and sedimentation control.
13. That all new pole-mounted light fixtures shall not exceed a height of
twenty feet (20') and shall be aimed and shielded to minimize stray
light trespassing across property lines and glaring into adjacent
roadways.
14. That this approval is subject to the petitioner being granted a variance
from the Zoning Board of Appeals for deficient parking and any
conditions related thereto.
15. That any future drive-thru restaurant in Retail 1 shall require waiver
use approval.
16. 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.
17. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the
windows.
18. 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
19. 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 (1)
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.
The following Audience members spoke on this Agenda Item:
Matt & Allison Knopsnider
Sarah Overwater
Following discussion by Council with the Petitioners, their experts, and Chief
Caid, a roll call vote was taken on the foregoing resolution with the following
result:
AYES: McCullough, Donovic, Jolly, Toy, Bahr and McIntyre
NAYS: White
The President declared the resolution adopted.
Regular Meeting Minutes of January 13, 2021 41562
On a motion by Toy, supported by Jolly, and unanimously adopted, it
was:
#15-21 RESOLVED, that having considered a communication from
the Department of Law, dated December 18, 2020, approved for
submission by the Mayor, transmitting for Council acceptance of a Grant
of Easement executed by Carolyn Wilson, Its Executive Vice President &
Chief Operating Officer, for a public utility easement in connection with the
construction of a water main at the subject location in the Southeast 1/4
of Section 6, more particularly described as:
Part of the S.E. '/4 of Section 6, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, being described as:
A permanent variable width water main easement being described as
commencing at the Southwest Corner of Section 6; thence N 81053'21"
W, 0.61 feet to the historical location of the Southwest Corner of said
Section 6; thence S 88014'49" E, 947.38 feet along the South Line of
Section 6; thence N 01°45'11" E, 60.00 feet to the northerly right-of-way
line of Seven Mile Road (120.00 feet wide); thence S 88014'49" E, 234.08
feet along the northerly right of way line of Seven Mile Road the point of
beginning of a 20 feet wide permanent water main easement lying 10 feet
each side of the following described centerline; thence N 01026'22" E,
178.44 feet; thence N 62013'32"E7 88.65 feet; thence N 37044'14" E
118.23 feet; thence N 52015'46" W, 13.41 feet; thence N 29055'27" W,
17.00 feet; thence S 29055'27" E, 17.00 feet; thence S 52015'46" W, 13.41
feet; thence N 37044'14" E, 7.77 feet to the point of ending of this
described centerline and the point of beginning of a permanent 12.00 feet
wide water main easement, lying 6.00 feet each side of the following
described centerline; thence N 37044'14" E, 22.22 feet; thence
northeasterly along a non-tangent curve, concave to the northeast, having
a central angle of 18023'48", a radius of 1017.50 feet, an arc distance of
326.70 feet and whose chord bears N 40014'48" E, 325.30 feet; thence N
31002'54" E, 151.25 feet; thence northeasterly along a tangent curve,
concave to the northwest, having a central angle of 20017'46", a radius of
481.00 feet, an arc distance of 170.39 feet and whose chord bears N
25013'25" E, 169.50 feet; thence N 15004'32" E 91.46 feet; thence N
74055'28" W, 40.00 feet; thence S 74055'28" E, 40.0 feet; thence N
15004'32" E, 123.84 feet to the point of ending of this described centerline
and the point of beginning of a 20.00 feet wide water main easement lying
10.00 feet each side of the following centerline; thence N 75013'08" W,
29.00 feet; thence S 75013'08" E, 29.00 feet to the point of ending of this
described centerline and the point of beginning of a 12.00 feet water main
easement, lying 6.00 feet each side of the following described centerline;
thence N 15004'32" E, 99.75 feet; thence northerly along a tangent curve,
concave to the west, having a central angle of 13001'16", a radius of
Regular Meeting Minutes of January 13, 2021 41563
481.00 feet, an arc distance of 109.31 feet and whose chord bears N
08033'54" E, 109.08 feet; thence N 02003'16" E, 194.12 feet; thence N
36035'04" W, 61.00 feet to the point of ending of this described centerline.
The Council does hereby, for and on 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 Jolly, supported by Toy, and unanimously adopted, it
was:
#16-21 RESOLVED, that having considered a communication from
the Human Resources Director, dated January 6, 2020, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, and which sets forth resolution 20-142, adopted by the Civil
Service Commission on December 22, 2020, wherein it is recommended
that the proposed 2020-2023 Collective Bargaining Agreement between
the City of Livonia and the Livonia Police Officers Association (LPOA), as
summarized in the tentative agreement attached to the aforesaid
communication, be approved and adopted so as to effectuate the
provisions set forth in the aforesaid agreement for the period December
17 2020 through November 30, 2023, the Council does hereby approve of
and concur in the aforesaid action of the Civil Service Commission; and
the Mayor and City Clerk are hereby requested to affix their signatures to
the said agreement, for and on behalf of the City of Livonia, and to do all
other things necessary or incidental to the full performance of this
resolution.
On a motion by Toy, supported by Donovic, and unanimously adopted, it
was:
#17-21 WHEREAS, the novel coronavirus (COVID-19) is a respiratory
disease that can result in serious illness or death and can be spread from
person to person. On March 10, 2020, Governor Gretchen Whitmer
declared a state of emergency across the State of Michigan under Section
1 of Article 5 of the Michigan Constitution of 1963, the Emergency
Management Act, 1976 PA 390, as amended, MCL 30.401 et seq., and
the Emergency Powers of the Governor Act of 1945, 1945PA 302, as
amended, MCL 10.31 et seq. as a result of the dangers associated with
COVID-19. Further, pursuant to MCL 333.2221 and MCL 333.226(d), the
Director of the Michigan Department of Health and Human Services
(MDHHS) has subsequently promulgated rules designed to safeguard
Regular Meeting Minutes of January 13, 2021 41564
public health and prevent the spread of the disease and the existence of
sources of contamination.
WHEREAS, the Mayor and the City Council recognize the emergency
pursuant to MCL 30.410 and the threat that it poses to the local economy
in general and the dining and hospitality industry in particular.
WHEREAS, pursuant to various Executive Orders issued by the Governor
and orders of the Director of the Michigan Department of Health and
Human Services (collectively, "Executive Orders"), dine-in restaurants
were ordered to be closed for dine-in business and/or ordered to
significantly reduce dine-in seating. These orders that were designed to
prevent the spread of COVID-19 have put an enormous strain on local
restaurants, their employees, and the public.
THEREFORE BE IT RESOLVED, that to assist local restaurants, the City
of Livonia, through the Mayor and City Council, any existing full or limited
service restaurant with indoor dining that exceeds twelve (12) customer
seats is allowed under this Joint Declaration and Resolution to submit a
request to the City of Livonia Department of Inspection to temporarily add
or expand an existing outdoor dining area. The Director of the Department
of Inspection (Director) or any of his duly authorized assistants, together
with the City of Livonia Planning Department and Department of Public
Safety, shall review an application for a temporary outdoor dining area to
ensure compliance with the following items and with any other applicable
code or measure deemed necessary to ensure the health, safety and
welfare of the public, including patrons and employees and the community
as a whole. An application shall be accompanied with plans and drawings
with information and details as specified below including the appropriate
review and inspection fees. Upon review of an application, the Director of
the Department of Inspection shall determine whether to issue the
required building, mechanical and occupancy permits for a temporary
outdoor dining area. Authorization of a temporary outdoor dining area
under this Resolution, with or without an allowance for the sale of alcoholic
beverages for consumption on the premises as may be approved by the
Michigan Liquor Control Commission (MLCC), shall temporarily waive the
requirements for such use or uses as provided for under the City of Livonia
Zoning Ordinance No. 543, as amended, and any and all permits granted
under this Resolution shall continue so long as an active Executive Order
imposes seating and distancing limitations on these establishments.
The following standards for a temporary outdoor dining area shall apply
and the application for such use shall include the following information-
1.
nformation:1. The location and size of the proposed temporary outdoor dining
area in relation to parking and traffic circulation, both on and off the
premises, and to streets giving access to it. The layout shall be
Regular Meeting Minutes of January 13, 2021 41565
such that traffic to and from the use, and the assembly of persons
in connection therewith, will not be hazardous or inconvenient nor
unduly conflict with normal traffic flow. In applying this standard,
the Director shall consider, among other things, convenient routes
for pedestrian traffic, the relationship of the proposed temporary
outdoor dining area to main traffic thoroughfares, vehicular turning
movements, and the location and access of off-street parking.
2. The location and size of the proposed temporary outdoor dining
area in relation to existing buildings, structures, or other features
located on or off the premises, including paths of ingress and
egress to such areas. That the capacity for outdoor dining shall not
exceed one-half ('/2) of the allowable indoor seating pursuant to
Executive Order.
3. Provisions for adequate lighting, ventilation, electrical, and fire
safety.
4. Provisions for adequate off-street parking.
5. The arrangement, location and spacing of the outdoor seating
taking into consideration proper social distancing requirements.
6. The location of any temporary hostess stands, waitstaff stands,
restrooms, and consumer gathering areas taking into consideration
proper social distancing requirements.
7. The limits of an outdoor dining area shall be properly delineated
using either a temporary structure (i.e., open-sided tent and/or
canopy), or by other means such as temporary bollards, fencing,
landscaping, etc.
8. Where a liquor license issued by the MLCC allows for the
consumption of alcohol on the premises, the temporary outdoor
dining area shall be fully enclosed with temporary fencing as
approved by the Director and shall be properly secured and
equipped with gates or other approved openings to allow for
emergency egress.
9. The consumption of all food and alcohol shall be restricted to within
the building and the approved limits of the temporary outdoor dining
patio.
10. The plans shall include adequate provisions for the collection and
containment of all refuse.
Regular Meeting Minutes of January 13, 2021 41566
11. Outdoor sound or video equipment, including televisions, live
music, or entertainment, shall be prohibited in connection with a
temporary outdoor dining area allowed under this Joint Declaration
and Resolution.
12. All temporary outdoor dining areas allowed under this Joint
Declaration and Resolution shall promptly close no later than 10:00
p.m. and shall remain closed for business until no earlier than 8:00
a.m. the following morning. This Joint Declaration and Resolution
does not waive the City of Livonia noise ordinance.
13. Stormwater and natural drainage flow shall not be impeded.
14. Smoking in any part of an approved temporary outdoor dining area
is strictly prohibited.
BE IT FURTHER RESOLVED, that temporary permits pursuant to this
Joint Declaration and Resolution confer no vested rights or conforming
use status and are revocable immediately upon the detection of any
violation of law or MLCC regulation in connection with operations pursuant
to this resolution. Any investments made in pursuit of operations pursuant
to this resolution are made purely at the investor's risk. This Joint
Declaration and Resolution shall continue so long as an active Executive
Order of the Governor or the Director of the Department of Health and
Human Services imposes seating and distancing limitations on these
establishments.
During Audience Communication Amanda Carravallah discussed her belief that
Livonia Police target black drivers.
Sarah Overwater requested that a Community Review Board be put in place for
the Livonia Police Department.
On a motion by Bahr, supported by McCullough, and unanimously
adopted, this 1,912th Regular Meeting of the Council of the City of Livonia was
adjourned at 10:36 p.m. on January 13, 2021.
Susan M. Nash, City Clerk