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HomeMy WebLinkAboutCOUNCIL MINUTES 2013-05-20 38665 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND TWENTY NINTH cs REGULAR MEETING OF MAY 20, 2013 On May 20, 2013, the above meeting was held at the City Hall, 33000 tar Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 7 00 p m Robinson led the meeting with the Pledge of Allegiance Roll was called with the following result: Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, James McCann, Joe Laura, John Pastor, and Laura Toy Absent: None Elected and appointed officials present: Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Terry Marecki, City Clerk, Don Knapp, City Attorney; and Mayor Jack Kirksey On a motion by Robinson, seconded by Katzman, it was #132-13 RESOLVED, that the Minutes of the 1,728th Regular Meeting of the Council held May 8, 2013, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Katzman, McCann, Laura, and Toy NAYS None PRESENT Brosnan and Pastor The President declared the resolution adopted On a motion by Laura, seconded by Robinson, and unanimously adopted, it was #133-13 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 At the direction of the Chair, Agenda Items 22, 23, and 24 regarding proposed Police Retention Programs were removed from the Agenda Regular Meeting Minutes of May 20, 2013 38666 On a motion by Robinson, seconded by McCann, it was RESOLVED, that having considered a communications from the Civil Service Department, dated April 29, 2013, approved for submission by the Mayor, the Council does hereby approve the Letters of Understanding between the City of Livonia and Livonia Police Officers Association (LPOA), the City of Livonia and the Livonia Lieutenants and Sergeants Association (LLSA), and the City of Livonia and the Police Command classifications to establish a Police Retention Program, and having received a communication from the Office of the Mayor dated May 20, 2013, requesting the subject matter of a Police Retention Program be removed from the Agenda for the Regular Meeting of May 20, 2013, the Council does hereby agree to remove said items from the Agenda Following discussion by Council, McCann then withdrew his support for the above motion On a motion by Laura, seconded by Brosnan, it was RESOLVED, that having considered communications from the Civil Service Department, dated April 29, 2013, regarding the Police Retention Programs, the Council does hereby refer the subject matter of Police Retention Programs to the Committee of the Whole for its report and recommendation Michael Cretu, 14393 Hubbard, addressed Council to indicate Public Safety is an imperative issue that the community has invested in by way of adopting a Public Safety millage Mr Cretu indicated speeding traffic through residential areas was a great concern and encouraged Council to consider other tangible tools available to help ensure the quality of life issue within the community Gerald Donohue, 32653 Scone, addressed Council to express he did not fully understand what was being proposed in the Police Retention Program Mr Donohue indicated it was his belief Police Officers approaching retirement should be allowed to retire, collect their pension and applicable medical coverage, then the City could rehire them as contractors and pay them the same annual compensation which would work out better for the City as well as the officers involved Following discussion by Council, a roll call vote was then taken on the motion offered by Laura, seconded by Brosnan, as follows #134-13 RESOLVED, that having considered communications from the Civil Service Department, dated April 29, 2013, regarding the Police Retention Programs, the Council does hereby refer the subject matter of Police Retention Programs to the Committee of the Whole for its report and recommendation Regular Meeting Minutes of May 20, 2013 38667 with the following result: AYES Robinson, Brosnan, Katzman, McCann, Laura, and Toy NAYS Pastor The President declared the resolution adopted Robinson announced Art Van Furniture is hosting its annual "Charity Challenge" and will award local charities who receive the most votes with varying monetary prizes Robinson encouraged residents to vote for Livonia's own Seedlings Organization and indicated votes can be cast now through 11 59 p m on Thursday, May 30, 2013 Katzman announced today was he and his wife's 13th wedding anniversary and extended "Happy Anniversary" wishes to his lovely wife Katzman indicated he loved his wife very much and thanked her for the last thirteen years Mayor Kirksey addressed Council to encourage residents to attend Livonia's annual Memorial Day Celebration held at Veterans Park on Saturday, May 25th at 9 00 a m , located at the corner of Five Mile and Farmington, to honor those who have served our country Mayor Kirksey also indicated it was a good time for all to reflect on their individual blessings in light of the recent events and tragedy that has occurred in Oklahoma and to keep those families in their prayers President Toy announced there would be a public hearing to be held on Monday, June 3, 2013, at 6 30 p m in the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, Michigan Wayne Avers, Vice President, Admiral Tool & Manufacturing Co of Michigan is requesting approval of an Exemption of New Personal Property under the provisions of Public Act 328 of 1998 in connection with the manufactured assembly of steering columns and related assembly for the auto industry for their facility located at 38010 Amrhein, Livonia, MI 48150 (Industrial Development Overlay District#112) During Audience Communication, Michael and Sheila Bernstein, 29247 Bretton Street, addressed Council to express continued concern and displeasure with patrons from Cantoro's Market parking on the easement and crossing over to their property Mr Bernstein indicated he has sought guidance and assistance from the Building and Inspection Department and has followed up with the Police Department but has not found a way to solve the problem and was looking to Council for assistance in this matter Regular Meeting Minutes of May 20, 2013 38668 A communication from the Department of Finance, dated April 22, 2013, re forwarding various financial statements of the City of Livonia for the month ending March 31, 2013, was received and placed on file for the information of the Council A communication from the Department of Finance, dated May 6, 2013, re forwarding the Quarterly Investment Report for the City of Livonia as of February 28, 2013, was received and placed on file for the information of the Council On a motion by Laura, seconded by Pastor, it was #135-13 RESOLVED, that having considered a letter from Mark McGilvrey, Minister, Memorial Church of Christ, dated April 24, 2013, which requests permission to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, in connection with an outdoor worship service which will take place in the west parking lot of the church's property located at 35475 Five Mile Road, on Sunday, June 2, 2013, to allow the playing of live music and singing through a sound system from 10 00 a m to 3 00 p m , the Council does hereby grant and approve this request in the manner and form herein submitted #136-13 RESOLVED, that having considered a communication from the Mayor, dated April 29, 2013, the Council does hereby consent to and confirm the reappointment of Mr Gerald Taylor, 36734 Sunnydale, Livonia, Michigan 48154, to the Livonia Planning Commission for a term which shall expire on June 9, 2016 #137-13 RESOLVED, that having considered the report and recommendation of the Interim Superintendent of Parks and Recreation, dated April 22, 2013, 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 Superior Play, LLC, 889 S Old US 23, Brighton, Michigan 48114, for replacement of the spray pad flooring at the Community Recreation Center in the amount of $48,041 25, the same having been in fact the only bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $48,041 25 from funds already budgeted in Account No 208- 755-976-000 for this purpose, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder, subject to approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution Regular Meeting Minutes of May 20, 2013 38669 A communication from the Plymouth Road Development Authority (PRDA), dated April 22, 2013, re submitting the Plymouth Road Development Authority (PRDA) 2012 Annual Report, was received and placed on file for the information of the Council #138-13 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated April 25, 2013, approved for submission by the Mayor, with regard to revisions to the Defined Contribution Plan Guaranteed Fixed Fund Investment Option with Great-West Financial, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Guaranteed Interest Fund (GIF) Fixed Account/Guaranteed Sub-Account Rider; FURTHER, the Council does hereby authorize the use of the Moderate Profile fund as the Plans' default fund and does hereby authorize use of the Guaranteed Interest Fund (GIF) as the investment choice for the forfeiture funds #139-13 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Environment & Utilities and the Director of Public Works, dated April 24, 2013, 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) 2013 Ford F250 Super Cab 4x4 pick-up truck with plow and liftgate for use in the Fleet Maintenance Section of the Department of Public Works in the amount of $37,484 00, from Gorno Ford, 22025 Allen Road, Trenton, Michigan 48138, from funds already budgeted in Account No 401-000-985-000 (Capital Outlay), FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 07161300005), and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize disposal of the vehicle being replaced by the new vehicle #140-13 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Environment & Utilities and the Director of Public Works, dated April 24, 2013, 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) 2013 Ford F250 Super Cab, 4x4 pick-up truck with plow and liftgate, for use in the Parks Maintenance Section of the Department of Public Works, in the amount of $36,512 00 from Gorno Ford, 22025 Allen Road, Trenton, Michigan 48138, from funds already budgeted in Account No 401-000-985-000 (Capital Outlay), FURTHER, Regular Meeting Minutes of May 20, 2013 38670 the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071B1300005), and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize disposal of the vehicle being replaced by the new vehicle #141-13 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Environment & Utilities and the Director of Public Works, dated April 24, 2013, 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) 2013 Ford F250 Super Cab, 4x4 pick-up trucks with plows for use in the Parks Maintenance Section of the Department of Public Works, in the amount of $32,821 00 each, for a total of $65,642 00, from Gorno Ford, 22025 Allen Road, Trenton, Michigan 48138, from funds already budgeted in Account No 401-000-985-000 (Capital Outlay), FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071B1300005), and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize disposal of the vehicles being replaced by the new vehicles #142-13 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Environment & Utilities and the Director of Public Works, dated April 17, 2013, 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 Gorno Ford, 22025 Allen Road, Trenton, Michigan 48138 for supplying the Roads Maintenance Section of the Department of Public Works with one (1) 2013 model year Super Duty F550, 3 yard dump truck and equipment in the amount of $67,420 00, the same having been the lowest bid submitted which meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $67,420 00 from funds already budgeted in Account No 401-000-985- 000 (Capital Outlay) #143-13 RESOLVED, that having considered a communication from the Chief of Police, dated April 18, 2013, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, the Council hereby authorizes participation in the Byrne Justice Assistance Grant (JAG) Program and does, for and on behalf of the City of Livonia, accept the 2013 American Recovery and Reinvestment Act Byrne Justice Assistance Grant in the amount of $50,000 00, to be used to purchase fourteen (14) Safety Vision/ICop Regular Meeting Minutes of May 20, 2013 38671 Mobile Video Systems, the same to be deposited in Account No 223- 758-971-000 and appropriated for its intended purposes, FURTHER, it is understood that ten percent (10%) matching funds from the Department Budget ($5,556 00) shall be required under this grant with such amount to be reimbursed from the State of Michigan once the project is completed, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the attached Grant Agreement in the manner and form herein submitted #144-13 RESOLVED, that having considered a communication from the Chief of Police, dated April 25, 2013, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, the Council does hereby authorize the purchase of two (2) marked patrol vehicles which are replacement vehicles for two vehicles that were totaled in accidents in March 2013, to be utilized by the Uniform Division, as follows One (1) Ford Police Interceptor Utility vehicle from Signature Ford, 1960 E Main Street, Owosso, Michigan 48867, through the Macomb County bid consortium, in the amount of $26,058 00, utilizing insurance reimbursement and salvage proceeds of $6,975 00 and the balance of $19,083 00 is hereby authorized to be expended from funds budgeted for new scout cars in Account No 401-000-985-000, One (1) Chevrolet Tahoe, Police Package, from Berger Chevrolet, 2525 28th Street SE, Grand Rapids, Michigan 49512, through the Oakland County bid consortium, in the amount of $26,114 05 utilizing insurance reimbursement and auction proceeds of $9,325 00 and the balance of $16,789 95 is hereby authorized to be expended from funds budgeted for new scout cars in Account No 401-000-985-000 FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low Macomb County or Oakland County consortium bids and/or such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #145-13 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 18, 2013, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, the Council does hereby authorize the purchase of a three (3) year support agreement (June 1, 2013, through May 31, 2016) for the Offendertrak Jail Management System for the Police Department from Motorola Solutions, 13108 Collections Center Drive, Chicago, Illinois 60693, in the total amount of $56,748 00, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $56,748 00 (to be paid annually �"' as follows 1st year $18,030 00, 2nd year $18,903 00, 3rd year Regular Meeting Minutes of May 20, 2013 38672 $19,815 00) from funds budgeted in Account No 101-306-851-010 for this purpose, FURTHER, the Council does hereby waive the City's competitive bid process for the reasons outlined in the aforesaid report and recommendation and in accordance with Section 3 04 140 D 3 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized to execute a contract extension, 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. #146-13 RESOLVED, that having considered a communication from the City Planning Commission, dated April 10, 2013, which transmits its resolution 04-19-2013, adopted on April 9, 2013, with regard to Petition No 2013-03-02-08 submitted by Diane and Mike Coccia requesting waiver use approval to operate a gymnastic training facility (Gymnastic Dreams) at 12830 Wayne Road, Livonia, Michigan located on the east side of Wayne Road between the CSX railroad right-of-way and Schoolcraft Road in the Northwest 1/4 of Section 28, which property is zoned M-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2013-03-02-08 is hereby approved and granted, subject to the following conditions 1 That the issues as outlined in the correspondence dated April 3, 2013, from the Assistant Director of Inspection, including those relating to the requirement that the proposed space must meet all current barrier free codes, building codes and all mechanical codes and standards, shall be resolved to the satisfaction of the Inspection Department; 2 That adequate off-street parking shall be provided which shall be sufficient to comply with the parking requirement for employees and patrons as set forth in Section 18 38 (12) of the Zoning Ordinance, and 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 #147-13 RESOLVED, that having considered a communication from the Department of Law, dated April 29, 2013, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a Proposed First Amendment to Lease Agreement between the City of Livonia and MetroPCS, Michigan, Inc , a Delaware corporation, for a period of five (5) years, with the option of three (3) additional and separate, successive five (5) year renewal periods, for use of a portion of the communications tower located at the police station at the annual rent of $38,007 00 to be paid to the City (which amount shall be increased by 3% every year), the Council does hereby Regular Meeting Minutes of May 20, 2013 38673 authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Agreement in the manner and form herein submitted, as well as to do all things necessary or incidental to ti the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result. AYES Robinson, Brosnan, Kritzman, McCann, Laura, Pastor, and Toy NAYS None A communication from the Department of Law, dated May 1, 2013, re Rotary Park Cell Tower Request For Proposal ("REP") with regard to the subject of Livonia Tomorrow - Funding, was received and placed on file for the information of the Council (CR 302-12) A communication from the Department of Finance, dated April 18, 2013, re cellular tower lease agreements with the City with regard to the subject of Livonia Tomorrow - Funding, was received and placed on file for the information of the Council (CR 302-12) A communication from the Department of Finance, dated April 18, 2013, re Rotary Park Cell Tower RFP along with the final draft of the "RFP — Cell Tower Management and Marketing" with regard to the subject of Livonia Tomorrow - Funding, was received and placed on file for the information of the Council (CR 302- 12) On a motion by Robinson, seconded by Laura, and unanimously adopted, it was #148-13 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated April 18, 2013, submitted pursuant to Council Resolution 302-12, regarding the subject of Livonia Tomorrow — Funding, the Council does hereby concur in the recommendation of the Administration regarding the proposed Request For Proposal ("RFP") for cell tower management Regular Meeting Minutes of May 20, 2013 38674 and marketing as submitted by the Department of Finance, and does hereby request that the Director of Finance take all steps necessary to advertise and obtain competitive proposals to be evaluated by a Review Committee consisting of the Finance Department, Planning Department, Law Department and a Council representative, with a recommendation to thereafter be submitted to Council for its consideration On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #149-13 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated April 18, 2013, submitted pursuant to Council Resolution 302-12, regarding the subject of Livonia Tomorrow — Funding, the Council does hereby appoint Councilmember Thomas Robinson as a member of the Cell Tower RFP Review Committee until December 31, 2013 A communication from the Finance Department, dated April 23, 2013, re containing the Audit Report prepared by Plante & Moran for the period December 1, 2011, through November 30, 2012, was received and placed on file for the information of the Council (CR 367-02) A communication from Plante & Moran, dated April 29, 2013, re containing the summarized Audit Presentation, was received and placed on file for the information of the Council (CR 367-02) On a motion by Robinson, seconded by Brosnan, it was #150-13 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated April 29, 2013, submitted pursuant to Council Resolution 367-02, regarding the Topic of Annual Audit Reports, the Council does hereby refer the subject of practices concerning water billing including waiving interest and penalties to the Finance, Budget and Technology Committee for further discussion A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Brosnan, Katzman, Laura, Pastor, and Toy NAYS McCann Regular Meeting Minutes of May 20, 2013 38675 The President declared the resolution adopted On a motion by Robinson, seconded by Brosnan, and unanimously adopted, it was #151-13 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated April 29, 2013, submitted pursuant to Council Resolution 367-02, regarding the Topic of Annual Audit Reports, the Council does hereby refer the subject of internal audits and/or periodical reviews of Departments and/or activities deemed of high risk to the Finance, Budget and Technology Committee for further discussion Robinson provided a verbal update on the subject of the proposed policy regarding the appropriate level and use of the General Fund balance and indicated the subject matter would remain in the Finance, Budget and Technology Committee at this time (CR 71-13) A communication entitled "City of Livonia 2003-2012 Road Repair Pavement Evaluation", dated March 27, 2013, re City's Road Repair Program, was received and placed on file for the information of the Council (CR 562-02) On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #152-13 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated April 24, 2013, submitted pursuant to Council Resolution 562-02, regarding the Road Repair Program, the Council does hereby determine to take no further action with respect to this matter On a motion by Brosnan, seconded by Robinson, and unanimously adopted, it was #153-13 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated April 27, 2013, submitted pursuant to Council Resolution 66-12, regarding the reconstruction of Plymouth Road from Inkster Road to Levan Road, the Council does hereby determine to take no further action with respect to this matter Regular Meeting Minutes of May 20, 2013 38676 Brosnan provided a verbal update on the subject of the 1-275 Noise Abatement and indicated the subject matter would remain in the Infrastructure and Community Transit Committee at this time (CR 816-00) An e-mail communication from the Engineering Division, dated April 29, 2013, re Plymouth Road Traffic Information from the Michigan Department of Transportation (MDOT) in connection with the 1-96 Reconstruction Project of 2014, was received and placed on file for the information of the Council (CR 36-13) Brosnan provided a verbal update on the subject of the 1-96 Reconstruction Project for 2014 and indicated the subject matter would remain in the Infrastructure and Community Transit Committee and this time (CR 36-13) McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 020 AND 060 OF TITLE 5, CHAPTER 69 (PRECIOUS METAL AND GEM DEALERS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming Regular meeting Katzman gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 5, CHAPTER 76 (SECONDHAND MERCHANDISE DEALERS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming Regular meeting McCann took from the table, for second reading and adoption, the following Ordinance Regular Meeting Minutes of May 20, 2013 38677 AN ORDINANCE AMENDING SECTIONS 100, 110 AND 130 TO CHAPTER 08 (ELECTION PRECINCTS) OF TITLE 1 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Robinson, Brosnan, Katzman, McCann, Laura, Pastor, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by McCann, seconded by Laura, and unanimously adopted, it was #154-13 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Environment & Utilities and the Director of Public Works, dated April 24, 2013, 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) 2012 Ford transit connect parts van, in the amount of $20,818 00 for the Department of Public Works, Fleet Maintenance Section, from Gorno Ford, 22025 Allen Road, Trenton, Michigan 48138, FURTHER, the Council does hereby authorize an expenditure in the amount of $20,818 00 from Account No 401-000-985-000 (Capital Outlay) for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071B1300005), and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize disposal of the vehicle being replaced by the new vehicle A communication from Cheryl Doelker, JCD Middlebelt, LLC, dated May 13, 2013, re follow up to concerns raised by Council at the Study Meeting of May 8, 2013, was received and placed on file for the information of the Council (Petition 2013-03-02-07) On a motion by Laura, seconded by Katzman, and unanimously adopted, it was Regular Meeting Minutes of May 20, 2013 38678 #155-13 RESOLVED, that having considered a communication from the City Planning Commission, dated April 10, 2013, which transmits its resolution 04-18-2013, adopted on April 9, 2013, with regard to Petition No 2013-03-02-07 submitted by JCD Middlebelt, LLC requesting waiver use approval to operate a full service restaurant with drive-up window facilities (Jimmy John's) at 19190 Middlebelt Road, located on the east side of Middlebelt Road between Seven Mile Road and Vassar Avenue in the Southwest 1/4 of Section 1, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2013-03-02-07 is hereby approved and granted, subject to the following conditions 1 That the maximum customer seating count shall not exceed fifty- eight (58) seats, including forty-six (46) interior seats and twelve (12) outdoor patio 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 the issues as outlined in the correspondence dated March 25, 2013, from the Assistant Director of Inspection, including those relating to the subject building being registered in the Vacant and Abandoned Program per City Ordinance 2844, shall be resolved to the satisfaction of the Inspection Department; 4 That the signage, including a new monument sign as shown on the plans received by the Planning Commission on March 5, 2013, is hereby approved and shall be adhered to, except for the fact that the circular logo sign on the north elevation shall be eliminated, subject to the review and approval by the Zoning Board of Appeals, and 5 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows Cheryl Doelker, JCD Group, Inc., 19369 Fairlane Court, Livonia, was present to answer any questions of Council and thanked Council for their time and consideration (Petition 2013-03-02-07) A communication from the Office of the Mayor, dated May 20, 2013, re request to remove from the Agenda Item 22 regarding the proposed Police Retention Program, was received and placed on file for the information of the Council Regular Meeting Minutes of May 20, 2013 38679 A communication from the Office of the Mayor, dated May 20, 2013, re request to remove from the Agenda Item 23 regarding the proposed Police Retention Program, was received and placed on file for the information of the Council A communication from the Office of the Mayor, dated May 20, 2013, re request to remove from the Agenda Item 24 regarding the proposed Police Retention Program, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Katzman, and unanimously adopted, it was #156-13 RESOLVED, that having considered a communication from the Chief of Police, dated April 24, 2013, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $1,000 00 from Allstate Insurance, the same to be deposited in and credited to Account No 702-285-213 and used to purchase bicycle helmets and supplies for the 2013 Passport To Safety Event which will take place on June 15, 2013 There was no Audience Communication at the end of the meeting On a motion by Laura, seconded by Pastor, and unanimously adopted, this 1,729th Regular Meeting of the City of Livonia was adjourned at 8 30 p m Aa.i.e.ciet_.Ter Marecki, City Clerk