HomeMy WebLinkAboutCOUNCIL MINUTES 2014-06-1639079
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FIFTY-FIFTH
REGULAR MEETING OF JUNE 16,201
On June 16, 2014, the above meeting was held at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and was called to order by Vice -President Meakin at 7:00
p.m. Councilmember Toy led the meeting in the Pledge of Allegiance.
Roll was called with the following result: Laura Toy, Lynda Scheel, Susan
Nash, Brandon Kritzman, and Brian Meakin. Absent: John Pastor and Maureen Miller
Brosnan.
Elected and appointed officials present: Mark Taormina, City Planner; Todd
Zilincik, City Engineer; Judy Priebe, Director of Legislative Affairs, Terry Marecki, City
Clerk; and Don Knapp, City Attorney and Mayor Jack Kirksey.
On a motion by Toy, seconded by Scheel, and unanimously adopted, it was:
#169-14 RESOLVED, that the Minutes of the 1,754th Regular Meeting
of the Council held June 2, 2014, are hereby approved as submitted.
Vice -President Meakin announced there is new data on Items #7 through
#11 and #14; also, there is an X -Item that will be discussed following
tonight's Agenda.
Vice -President Meakin announced two public hearings to be heard on
Wednesday, July 9, 2014, at 7:00 p.m. in the Auditorium of City Hall, 33000 Civic Center
Drive, Livonia, Michigan for the following items:
Petition 2014-05-01-03 submitted by the City Planning Commission, on
behalf of the City Council and McLaren Performance
Tech nologies/Linamar, requesting to rezone property located on the east
side of Hubbard Road, between Eight Mile Road and Norfolk Avenue
(20446 Hubbard), in the Northeast % of Section 3 from R-3 (One Family
Residential) to P (Parking). (CR 140-14); And
Petition 2014-05-01-04 submitted by the City Planning Commission, on
behalf of the City Council and McLaren Performance
Tech nologies/Linamar, requesting to rezone property located on the west
side of Parker Avenue, between Eight Mile Road and Norfolk Avenue
(20421 Parker Avenue), in the Northeast '/ of Section 3 from R-3 (One
Family Residential) to P (Parking). (CR 140-14)
Regular Meeting Minutes of June 16, 2014
Kritzman recognized the members of the Greenleaf Commission on
Sustainability for all of their hard work; Jim Baringhouse, Larry Davis, John Grzebik and
Frank Kalinski as well as Michael Shesterkin and Patrick Drost.
Joan Gebhardt, 35248 Leon Street, representing SEMCOG this evening,
commended Dave Varga on a job well done in completing the application for this award
and also commended the Livonia Greenleaf Commission on Sustainability.
Kathleen Lomako, SEMCOG Executive Director, encouraged all
Councilmembers to attend their upcoming Annual Meeting at 4:30 p.m. on June 26, 2014
at the Royalty House in Warren, Michigan.
Susan Stefanski, chair of SEMCOG Membership & External Affairs,
presented an award to the City as a Sustainable Community Leader through the
SEMCOG program.
Mayor Kirksey graciously accepted the award and thanked the Commission
for their efforts and recognized the Chamber of Commerce for their participation.
There was no Audience Communication at the beginning of the meeting.
A communication from the Department of Finance, dated May 2, 2014, re:
forwarding various financial statements of the City of Livonia for the month ending
February 28, 2014, was received and placed on file for the information of the Council.
A communication from the Department of Finance, dated May 27, 2014, re:
forwarding the Quarterly Investment Report for the City of Livonia as of February 28,
2014, was received and placed on file for the information of the Council.
On a motion by Scheel, seconded by Kritzman, it was:
#170-14 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks & Recreation, dated May
19, 2014, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept the
bid of Marshall E. Campbell Company, 34073 Schoolcraft Road, Livonia,
Michigan, for the purchase of LED light fixtures for the Livonia Community
Recreation Center for the total purchase price of $149,098.16, the same
having been in fact the lowest bid received which meets all specifications;
FURTHER, the Council does hereby authorize an expenditure in an amount
not to exceed $149,098.16 from funds budgeted in Account No. 208-755-
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Regular Meeting Minutes of June 16, 2014
974-000 for this purpose; and the Mayor and City Clerk are hereby
authorized to execute a contract for and on behalf of the City of Livonia with
the aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution.
#171-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 14, 2014, which transmits its
Resolution 05-21-2014, adopted on May 13, 2014, with regard to Petition
2014-03-02-06, submitted by JCD South 96, L.L.C., requesting waiver use
to operate a full service restaurant (Jimmy John's) within the Livonia
Commons Shopping Center, located on the west side of Middlebelt Road
between the CSX Railroad right-of-way and Schoolcraft Road (13453
Middlebelt Road) in the Northeast 1/4 of Section 26, which property is zoned
C-2, the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 2014-03-02-06 is hereby approved
and granted, subject to the following conditions:
That the maximum customer seating count for this restaurant shall
not exceed sixty (60) seats;
2. That this restaurant shall provide disposal of grease waste in
accordance with Section 13.20.380 of the City Code of Ordinances;
3. 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; and
4. That no LED lightband or exposed neon shall be permitted on the
site including, but not limited to, the building or around the windows.
#172-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 16, 2014, which transmits its
Resolution 05-22-2014, adopted on May 13, 2014, with regard to Petition
2014-04-08-05, submitted by Trinity Continuing Care Services, Inc.,
requesting site plan approval to demolish an existing nursing home facility
(Marycrest Manor), and the construction of a new two-story nursing and
assisted living facility, located on the west side of Middlebelt Road between
Five Mile Road and Wentworth Avenue (15495 Middlebelt Road) in the
Southeast 1/4 of Section 14, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 2014-
04-08-05 is hereby approved and granted, subject to the following
conditions:
That the Plan marked Sheet C3 prepared by Nowak & Fraus
Engineers dated April 11, 2014, is hereby approved and shall be
adhered to;
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Regular Meeting Minutes of June 16, 2014
2. That the Landscape Plan marked Sheet L1-10 prepared by Arkos
Design dated April 11, 2014, as revised, is hereby approved and
shall be adhered to;
3. All disturbed lawn areas shall be replaced with sod in lieu of using
hydro -seed;
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;
5. That the Exterior Elevations Plan marked Sheets A2-01 prepared by
Arkos Design dated April 11, 2014, as revised, is hereby approved
and shall be adhered to;
6. 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;
7. That this approval is subject to the petitioner seeking a change of
zoning from R-91, Housing for the Elderly, to OS, Office Services,
involving an area of the site needed to support the proposed number
of beds, and in the event rezoning proceedings cannot be completed
prior to the deadline for submitting for publication the notice of the
October 7, 2014 Zoning Board of Appeals meeting, the Petitioner
shall be allowed to seek a density variance from the Zoning Board of
Appeals, subject to any conditions related thereto;
8. 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;
9. 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
10. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance
of the City of Livonia, this approval is valid for a period of one year
only from the date of approval by City Council, and unless a building
permit is obtained, this approval shall be null and void at the
expiration of said period.
#173-14 RESOLVED, that having considered a communication from the
City Planning Commission, dated May 19, 2014, which transmits its
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Regular Meeting Minutes of June 16, 2014
Resolution 05-24-2014, adopted on May 13, 2014, with regard to Petition
2014-04-08-07, submitted by Stucky Vitale Architects, requesting site plan
approval to relocate and construct a new covered drive-thru facility of the
credit union (Community Choice) located on the east side of Farmington
Road between Five Mile Road and Roycroft Avenue (15420 Farmington
Road) in the Southwest 1/4 of Section 15, the Council does hereby concur
in the recommendation made by the City Planning Commission and Petition
2014-04-08-07 is hereby approved and granted, subject to the following
conditions:
That the Architectural Site Plan marked Sheet Number SP1.1 dated
April 17, 2014, as revised, prepared by Stucky Vitale Architects, is
hereby approved and shall be adhered to;
2. That the Landscape Plan marked Sheet Number LP1.1 dated April
17, 2014, prepared by Deak Planning & Design, is hereby approved
and shall be adhered to;
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;
5. That the Exterior Elevations Plan marked Sheet Number A3.1 dated
April 17, 2014, prepared by Stucky Vitale Architects, is hereby
approved and shall be adhered to;
6. 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 roadway;
7. 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;
8. 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
9. 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.
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Regular Meeting Minutes of June 16, 2014
#174-14 RESOLVED, that having considered a
communication from the Department of Law, dated May 19,
2014, approved for submission by the Mayor, in connection
with a proposed amendment to Section 11.03(p) of Article XI
of the Zoning Ordinance in order to require a petitioner who
wished to construct a building for retail sales of 30,000 square
feet or more to include a statement that the future building will
be attractive to commercial tenants other than the initial
occupant, listing features of the building which assure its
continuing marketability to ensure that big box stores can be
quickly re -occupied rather than remain vacant, 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: Toy, Scheel, Nash, Kritzman, and Meakin.
W FTIM OIL01�
Vice -President Meakin declared the resolutions adopted.
Toy gave first reading to the following Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition 2014-02-03-01)
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.
A correspondence from the Public Service Division, dated June 9, 2014, re:
additional information for the DWSD Model Contract Reopener, was received and placed
on file for the information of the Council, in re: Section 040 of Title 13, Chapter 08 (Water
Service Rates and Revenues).
Kritzman gave first reading to the following Ordinance:
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Regular Meeting Minutes of June 16, 2014
AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08
(WATER SERVICE RATES AND REVENUES) 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.
Kritzman invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon on the following result:
AYES: Scheel, Nash, Kritzman, and Meakin.
NAYS: Toy.
Vice -President Meakin declared the foregoing Ordinance duly adopted and would
become effective on publication.
A correspondence from the Public Service Division, dated June 9, 2014, re:
additional information for the DWSD Model Contract Reopener, was received and placed
on file for the information of the Council in re: Section 050 of Title 13, Chapter 08, (Water
Service Rates and Revenues).
Kritzman gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 08
(WATER SERVICE RATES AND REVENUES) 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.
Kritzman invoked the Emergency Clause and gave a second reading to the
foregoing Ordinance.
Larry Massa, 35558 Ann Arbor Trail, Livonia, MI 48150, Treasurer of Arbor
Regular Meeting Minutes of June 16, 2014
Woods Condos, addressed Council on the user fees increase and Coline Coleman
responded to his queries.
A roll call vote was taken thereon on the following result:
AYES: Scheel, Nash, Kritzman, and Meakin.
NAYS: Toy.
Vice -President Meakin declared the foregoing Ordinance duly adopted and would
become effective on publication.
A correspondence from the Public Service Division, dated June 9, 2014, re:
additional information for the DWSD Model Contract Reopener, was received and placed
on file for the information of the Council, in re: Section 120 of Title 13, Chapter 20 (Livonia
Sewage Disposal System).
Kritzman gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER 20
(LIVONIA SEWAGE DISPOSAL SYSTEM) 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.
Kritzman invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon on the following result:
AYES: Scheel, Nash, Kritzman, and Meakin.
NAYS: Toy.
Vice -President Meakin declared the foregoing Ordinance duly adopted and would
become effective on publication.
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Regular Meeting Minutes of June 16, 2014
A correspondence from the Public Service Division, dated June 9, 2014, re:
additional information for the DWSD Model Contract Reopener, was received and placed
on file for the information of the Council regarding Section 130 of Title 13, Chapter 20
(Livonia Sewage Disposal System).
Kritzman gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 130 OF TITLE 13, CHAPTER 20
(LIVONIA SEWAGE DISPOSAL SYSTEM) 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.
Kritzman invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon on the following result:
AYES: Scheel, Nash, Kritzman, and Meakin.
NAYS: Toy.
Vice -President Meakin declared the foregoing Ordinance duly adopted and would
become effective on publication.
A correspondence from the Public Service Division, dated June 9, 2014, re:
additional information for the DWSD Model Contract Reopener, was received and placed
on file for the information of the Council regarding Section 050 of Title 13, Chapter 28
(Industrial Waste Surcharge).
Scheel gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28
(INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
Regular Meeting Minutes of June 16, 2014
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.
Scheel invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon on the following result:
AYES: Scheel, Nash, Kritzman, and Meakin.
NAYS: Toy.
Vice -President Meakin declared the foregoing Ordinance duly adopted and would
become effective on publication.
was:
On a motion by Toy, seconded by Kritzman, and unanimously adopted, it
#175-14 RESOLVED, that having considered a communication from
the City Treasurer dated May 23, 2014, regarding the replacement of
sidewalks in the City of Livonia on the following parcels in the following
amounts:
Parcels of property and assessment, as outlined in the
Treasurer's letter, dated May 23, 2014, is included herein
by reference;
which work was done pursuant to Council Resolution 127-13 and in
accordance with the provisions of Section 12.04.340 of the Livonia Code of
Ordinances, Title 12, Chapter 4, and the City Treasurer having thereafter
sent a statement of charges by first class mail to the owners of property to
be assessed wherein notice of the meeting by the City Council on this date
was given and at least 30 days having expired since the giving of such
notice with such charges remaining unpaid, the Council does hereby,
pursuant to the provisions of Section 3.08.150 of the Livonia Code of
Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special
assessment is placed upon such property for said charges; FURTHER, the
Council does hereby authorize installment payments in the number of three
(3) installments at 6% interest where assessments exceed $400 and the
property owner has requested such installments; FURTHER, the Council
does hereby request that the City Treasurer shall give notice of the amounts
herein determined to the persons chargeable therewith, such notice to be
sent by first class mail to the last known address of such persons as shown
on the most current assessment roll of the City, and where payments herein
Regular Meeting Minutes of June 16, 2014
authorized are not made within the specified time this fact shall be reported
by the City Treasurer to the City Assessor who shall charge such amount
together with a penalty of 10% of such amounts against the persons or real
property chargeable therewith on the next general tax roll; and the City Clerk
and City Treasurer are hereby requested to do all things necessary or
incidental to the full performance of this resolution.
Kritzman stepped down from the podium at 7:30 p.m. to avoid any perceived conflict of
interest.
On a motion by Scheel, seconded by Toy, and unanimously adopted, it was:
#176-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 23, 2014, 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
proposed Agreement between the City of Livonia and Orchard, Hiltz &
McCliment, Inc., the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute a contract between
the City of Livonia and Orchard, Hiltz and McCliment, 34000 Plymouth
Road, Livonia, Michigan 48150, to provide on-call inspection services for
city utilities during the 1-96 construction project in an amount not to exceed
$32,500.00; further, the Council does hereby authorize an expenditure in
an amount not to exceed $32,500.00 from funds budgeted in Account No.
592-158-000 (Construction -in -Progress) for this purpose; and the City
Engineer is hereby authorized to approve minor adjustments in the work, as
it becomes necessary.
A roll call vote was taken thereon on the following result:
AYES: Toy, Scheel, Nash, Meakin
NAYS: None
ABSTAIN: Kritzman
Kritzman returned to the podium at 7:32 p.m.
New site plans from Consumers Energy, Drawing Numbers LIVNSC-1,
Sheet A4; LIVNSC-1, Sheet A2, dated June 10, 2014 as revised and received in
the Office of the City Clerk on June 11, 2014; and Landscape Plans L-1.1, Sheet
13; L-1.2, Sheet 14; L-1.3, Sheet 15; and L-1.4, Sheet 16, dated April 17, 2014
were received and placed on file for the information of the Council.
On a motion by Kritzman, seconded by Scheel, and unanimously adopted,
it was:
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Regular Meeting Minutes of June 16, 2014
#177-14 RESOLVED, that having considered a communication from the
City Planning Commission, dated May 19, 2014, which transmits its
Resolution 05-23-2014, adopted on May 13, 2014, with regard to Petition
2014-04-08-06, submitted by Consumers Energy, requesting site plan
approval to demolish existing buildings and structures and construct a new
customer service center located on the west side of Farmington Road
between Plymouth Road and the CSX railroad right-of-way (11801
Farmington Road) in the Southeast 1/4 of Section 28, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 2014-04-08-06 is hereby approved and granted,
subject to the following conditions:
That the Overall Site Plan marked Drawing Number P-2.0 dated
April 17, 2014 prepared by Professional Engineering Associates, is
hereby approved and shall be adhered to;
2. That the Landscape Plans marked Drawing L-1.1, Sheet 13; L-1.2,
Sheet 14; L-1.3, Sheet 15; and L-1.4, Sheet 16; all dated June 10,
2014, prepared by Professional Engineering Associates, are hereby
approved and shall be adhered to.
3. The Petitioner shall look into the possibility of adding a fountain to
the front detention pond;
4. That all disturbed lawn areas within the right-of-way and extending
west to the curb of the closest drive aisle that runs parallel to
Farmington Road shall be sodded in lieu of hydroseeding, and
shall be irrigated with an underground sprinkler system, including
all landscaping around the building;
5. That the Color Renderings/Exterior Building Elevation Plans
Drawing Number LIVNSC-1, Sheet A4, and LIVNSC-1, Sheet A2,
both dated June 10, 2014, submitted by Consumers Energy, are
hereby approved and shall be adhered to;
6. That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building;
7. That the height of the light poles on the commercially -zoned area of
the site adjacent to Farmington Road shall be limited to a height of
twenty feet (20') and shall be aimed and shielded so as to minimize
stray light trespassing across property lines and glaring into adjacent
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roadway. Light poles in the industrial area shall not exceed thirty feet
(30') in height;
8. 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 Department of Natural
Resources and Environment (DNRE);
9. 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;
10. 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
11. 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, seconded by Kritzman, and unanimously adopted, it
#178-14 RESOLVED, that having considered a communication from the
City Planning Commission, dated May 28, 2014, which transmits its
Resolution 05-28-2014, adopted on May 27, 2014, with regard to Petition
2014-04-08-08, submitted by St. Mary Mercy Hospital, requesting site plan
approval to reconfigure the hospital's parking lot and drive aisles on
property located on the southwest corner of Five Mile Road and Levan Road
(36475 Five Mile Road) in the Northwest'/4 of Section 20, the Council does
hereby concur in the recommendation made by the city Planning
Commission and Petition 2014-04-08-08 is hereby approved and granted,
subject to the following conditions:
1. That the Site Layout Plan — North marked C -205-A dated April 25,
2014, as revised, prepared by Nederveld, is hereby approved and
shall be adhered to,
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Regular Meeting Minutes of June 16, 2014
2. That the Site Layout Plan — South marked C -205-B dated April 25,
2014, as revised, prepared by Nederveld, is hereby approved and
shall be adhered to,
3. That the Landscape Plan marked Sheet L-1 dated April 24, 2014, as
revised, prepared by The Johnson Hill Land Ethics Studio, is hereby
approved and shall be adhered to;
4. That the Petitioner shall submit a detailed traffic study to the City of
Livonia Engineering Division prepared by a reputable traffic
engineering firm licensed in the State of Michigan and performed by
a Professional Engineer for a determination as to whether or not a
traffic signal is warranted at the intersection of Levan Road and the
Campus Ring Road, and/or whether St. Mary Mercy Hospital shall
provide any other traffic safety, road improvements or design
modifications in order to mitigate any foreseeable adverse traffic
impacts on Levan Road as a result of the proposed project, and that
prior to the issuance of any permits, the Petitioner shall post a cash
bond in an amount to be determined by the City of Livonia
Engineering Division as financial guarantee that any determined
traffic safety improvements are completed in association with this
project,
5. That all disturbed lawn areas shall be sodded in lieu of
hydroseeding;
6. 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;
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 Department of Environmental
Quality;
8. 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;
9. That along Levan Road, from the north entrance drive of the south
Marian Office Building parking lot to the southern edge of the
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39093
hospital's property, sidewalks shall be installed to the satisfaction of
the Engineering Department;
10. That the crosswalks shall conform to the Michigan Manual of Uniform
Traffic Control Devices and pavement markings and signage shall
be to the Police Department's satisfaction;
11. That the new southern approach off Levan Road shall be relocated
to align with Meadowbrook Drive on the east side of Levan Road,
eliminating existing left -turn conflicts;
12. That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient size parking
spaces and any conditions related thereto;
13. That only conforming signage is approved with this petition, and any
additional signage shall be separately submitted for review and
approval by the Zoning Board of Appeals;
14. That 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.
On a motion by Nash, seconded by Kritzman, and unanimously adopted, it
#179-14 RESOLVED, that having considered a communication from
the Department of Law, dated May 29, 2014, approved for submission by
the Mayor, transmitting for Council acceptance a Grant of Easement
executed by Fifth Third Bank for a 10' wide storm sewer easement in
connection with the development of a new storm sewer constructed at
33246 Plymouth Road in the Southwest % of Section 27, more particularly
described as:
(10 -foot Wide Storm Sewer Easement)
A ten foot (10.00') wide easement for storm sewer, described as being
located in part of the southwest '/ of Section 27, Town 1 South, Range 9
East, City of Livonia, Wayne County, Michigan; the centerline of which is
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was:
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more particularly described as: commencing at the southwest corner of said
Section 27; thence S.89°13'14"E., 361.10 feet, thence N.00046'46"E., 60.00
feet to a point on the north right-of-way line of Plymouth Road (120 feet
wide), thence along said north right-of-way line S.89013'14"E., 318.07 feet;
thence N.00046'46"E., 56.15 feet to the point of beginning; thence
N.35°54'03"E., 8.69 feet; thence N. 00°46'46"E., 191.74 feet to the point of
ending.
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 Nash, seconded by Scheel, and unanimously adopted, it
#180-14 RESOLVED, that having considered a communication from the
Department of Law, dated May 29, 2014, approved for submission by the
Mayor, transmitting for Council acceptance a Grant of Easement executed
by Fifth Third Bank for a 20' wide public utility easement in connection with
the development of a new storm sewer constructed at 33246 Plymouth
Road in the Southwest Y4 of Section 27, more particularly described as:
(20 -foot Wide Storm Sewer Easement)
A twenty foot (20.00') wide easement for storm sewer, described as being
located in part of the southwest Y4 of Section 27, Town 1 South, Range 9
East, City of Livonia, Wayne County, Michigan; the centerline of which is
more particularly described as: commencing at the southwest corner of said
Section 27, thence S.89'1 3'14"E., 361.10 feet, thence N.00046'46"E., 60.00
feet to a point on the north right-of-way line of Plymouth Road (120 feet
wide), thence along said north right-of-way line S.89°13'14"E., 318.07 feet;
thence N.00046'46"E., 69.73 feet to the point of beginning; thence
N.87023'27"E., 123.97 feet; thence N. 89°54'42"E., 200.22 feet to the point
of ending.
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 Toy, seconded by Scheel, and unanimously adopted, it was:
#181-14 RESOLVED, that having considered a communication from the
Department of Law, dated May 29, 2014, approved for submission by the
Regular Meeting Minutes of June 16, 2014
was:
39095
Mayor, transmitting for Council acceptance of a Grant of Easement
executed by Fifth Third Bank for a 20' wide public utility easement in
connection with the development of a new water main constructed at 33246
Plymouth Road in the Southwest Y4 of Section 27, more particularly
described as:
(20 -foot Wide Water Main Easement)
A twenty foot (20.00') wide easement for water main, described as being
located in part of the southwest % of Section 27, Town 1 South, Range 9
East, City of Livonia, Wayne County, Michigan; the centerline of which is
more particularly described as: commencing at the southwest corner of said
Section 27; thence S.89'1 3'14"E., 361.10 feet, thence N.00°46'46"E., 60.00
feet to a point on the north right-of-way line of Plymouth Road (120 feet
wide), thence along said north right-of-way line S.89°13'14"E., 318.07 feet,
thence N.00°46'46"E., 88.68 feet to the point of beginning; thence
S.89013'14"E., 306.67 feet; thence S.44°13'14"E., 24.44 feet to the point of
ending.
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 Toy, seconded by Kritzman, and unanimously adopted, it
#182-14 RESOLVED, that the Council does hereby suspend their rules for
procedure as outlined in Council Resolution 574-82 so as to permit
consideration of items that do not appear on the Agenda.
On a motion by Toy, seconded by Scheel, and unanimously adopted, it was:
#183-14 RESOLVED, that having considered a request from Renee
Fournier, dated June 12, 2014, which requests permission to waive Section
8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended,
to allow playing music from 2:00 p.m. to 11:00 p.m. at 11634 Deering, in
connection with a graduation party scheduled for Saturday, June 28, 2014.
The Council does hereby grant permission as requested, included therein
permission to conduct the said affair on Saturday, June 28, 2014.
There was no Audience Communication at the end of the meeting.
39096
Regular Meeting Minutes of June 16, 2014
On a motion by Toy, seconded by Scheel, and unanimously adopted, this
1,755th Regular Meeting of the Council of the City of Livonia was adjourned at 7:45 p.m.
Jes� e�F -
Ter A. Marecki, City Clerk