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HomeMy WebLinkAboutCOUNCIL MINUTES 2015-08-17 39484 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND EIGHTY-THIRD REGULAR MEETING OF AUGUST 17, 2015 On August 17, 2015 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Brosnan at 7 00 p m Councilmember Kritzman led the meeting in the Pledge Roll was called with the following result: Brandon Kritzman, John Pastor, Brian Meakin, Laura Toy, Lynda Scheel, Susan Nash and Maureen Miller Brosnan Absent: None Elected and appointed officials present: Mark Taormina, Planning Department; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan A. Hoff, City Clerk, Judy Priebe, Director of Legislative Affairs, and Mayor Jack Kirksey On a motion by Toy, supported by Kritzman, and unanimously adopted, it was #247-15 RESOLVED, that the Minutes of the 1,782nd Regular Meeting of the Council held August 5, 2015 are hereby approved as submitted Councilman Kritzman acknowledged his wife's birthday which was celebrated on Sunday and wished his daughter, Anna, a Happy 12th birthday Councilwoman Toy presented a commendation to Robert E Sills, who served on the Zoning Board of Appeals for fourteen years and thanked him for his service Mr Sills thanked the Council for their recognition President Brosnan presented a commendation to Bill Craig, chairperson of Tree City, USA, and who was recognized by the State of Michigan as being the recipient of the esteemed Petoskey Prize for his work. President Brosnan announced there will be new data on Items 12a and 13 and that there will be an X-item at the end of the meeting as well There was no Audience Communication at the beginning of the meeting 39485 Regular Meeting Minutes of August 17, 2015 A communication from the Department of Finance, dated July 20, 2015, re forwarding various financial statements of the City of Livonia for the month ending June 30, 2015, was received and placed on file for the information of the Council On a motion by Toy, supported by Scheel, it was #248-15 RESOLVED, that having considered an application from Karen L. Werden, 19651 Flamingo, dated July 14, 2015, requesting permission to close Flamingo, between St. Martins and Bretton, on Saturday, September 19, 2015, from 2.00 p m to 10 00 p m , for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 20, 2015, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #249-15 RESOLVED, that having considered a letter from Heather Flack, APCP Executive Board President, dated May 27, 2015, the Council does hereby take this means to indicate that Academic Pathways Cooperative Preschool is recognized as a Non-Profit Organization operating in the community, and the action herein being taken for the purpose of affording Academic Pathways Cooperative Preschool the opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute #250-15 RESOLVED, that having considered Petition 2015-07-03-01, submitted by Ignacio and Jacklyn Salazar, dated July 16, 2015, wherein a request is submitted for vacating 5 feet of a 12 foot easement for the purpose of installing an inground pool at their property located at 37190 Weymouth, the Council does hereby refer this item to the Administration and City Planning Commission for their report and recommendation in accordance with provisions of law and City Ordinance #251-15 RESOLVED, that having considered a communication from the Director of Community Resources, dated July 15, 2015, which bears the signature of the Finance Director, and is approved as to form by the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed Addendum to the Specialized Services Vehicle Agreement between the Suburban Mobility Authority for Regional Transportation (SMART) and the City of Livonia to cover one 2015 Champion Challenger lift equipped bus which has been approved through a Michigan Department of Transportation 5310 Grant through SMART for the Livonia Community Transit Program, the Council does for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said Imp agreement upon approval as to form by the Law Department. 39486 Regular Meeting Minutes of August 17, 2015 #252-15 RESOLVED, that having considered a communication from the Director of Community Resources, dated July 15, 2015, which bears the signature of the Director of Finance and the City Attorney and is approved for submission by the Mayor, to which is attached a proposed Fiscal Year 2016 Municipal Credit Contract between SMART and the City of Livonia for the period July 1, 2015 to June 30, 2016, the Council does hereby authorize the Mayor and City Clerk to execute the Municipal Credit Contract 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 #253-15 RESOLVED, that having considered the report and recommendation of the Director of Community Resources and the Director of Public Works, dated July 29, 2015, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of ICOM North America, 54790 Grand River Avenue, New Hudson, Michigan of two (2) bi-fuel conversion kits to retro fit two (2) 2015 Ford E-450 cutaway buses for a total amount not to exceed $15,665 00, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $15,665 00 from funds already budgeted in Account No 218-889-971-000 (Capital Outlay) for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as ICOM North America is the sole source provider for installing bi-fuel conversion kits for the State of Michigan and no advantage to the City would result from competitive bidding, and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 3 of the Livonia Code of Ordinances, as amended A communication from the Human Resources Director, dated July 14, 2015, re submitting the 62nd Annual Actuarial Valuation Report of Defined Benefit (DB) Plan as of November 30, 2014, was received and placed on file for the information of the Council A communication from the Human Resources Director, dated July 14, 2015, re submitting the 17th Annual Actuarial Valuation Report of the Livonia Retiree Health and Disability Benefits Plan and Trust Voluntary Employee's Beneficiary Association (VEBA) as of November 30, 2014, was received and placed on file for the information of the Council 39487 Regular Meeting Minutes of August 17, 2015 #254-15 RESOLVED, that having considered a letter from the Director of Housing, dated July 20, 2015, relating to the tax-foreclosed properties located at 9071 Louise, 15505 Auburndale, 18071 Floral, 15175 Santa Anita, and 8875 Middlebelt, the Council does hereby authorize the exercise of the City's Statutory right of first refusal with respect to such properties, and payment to the County therefore in the amount of the statutory minimum bid, being a total of $28,567 60, utilizing City of Livonia funds to be reimbursed to the City from Community Development Block Grant Funds, FURTHER, the Council does hereby authorize an additional expenditure in the amount of $5,000 00 for estimated closing costs, for a total cost of $33,567 60 The Mayor and City Clerk are hereby authorized to execute documents on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution #255-15 RESOLVED, that having considered a communication from the City Planning Commission, dated July 16, 2015, approved for submission by the Mayor, which transmits its resolution #07-43-2015, adopted on July 14, 2015, with regard to Petition 2015-06-02-11, submitted by United Lawnscape, Inc , requesting approval to operate a contractor's yard for the outdoor storage of landscaping equipment and materials, located on the east side of Merriman Road between Plymouth Road and the CSX Railroad right-of-way (12240 Merriman), in the Southwest 1/4 of Section 26, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2015-06-02-11 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet CE2 dated June 1, 2015, prepared by Hennessey Engineers, Inc , is hereby approved and shall be adhered to, 2 That the outdoor storage of materials and equipment shall be limited to the fenced-in hard surface area behind the building, and said storage area shall be properly graded and drained to dispose of all surface water in a manner as approved by the Engineering Division as designated on the above referenced Site Plan and shall be maintained in an orderly manner; 3 That there shall be no outdoor storage of disabled or inoperative equipment and vehicles, scrap material, debris or other similar items, 4 That there shall be no outdoor storage on the side of the building, 5 That the outdoor stacking or stockpiling of materials shall not exceed eight feet (8') in height above ground level, 6 That any facilities for the outdoor storage of refuse shall be screened by means of an enclosure constructed of masonry walls which shall be properly maintained, 39488 Regular Meeting Minutes of August 17, 2015 7 That all landscaped and sodded areas shall be permanently maintained in a healthy condition, and, 8 That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy #256-15 RESOLVED, that having considered a communication from the City Planning Commission, dated July 22, 2015, which transmits its resolution #07-46-2015, adopted on July 14, 2015, with regard to Petition 2015-06-08-07, submitted by Acy, L.L.0 , in connection with a proposal to remodel the exterior of the commercial shopping center (Ten Yen Plaza) located on the west side of Wayne Road between Joy Road and Ann Arbor Trail (8963-8997 Wayne Road) in the Southwest 1/4 of Section 33, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2015-06-08-07 is hereby approved and granted, subject to the following conditions 1 That the Elevation Plan marked Al 01 dated July 3, 2015, as revised, prepared by AJ Design Architects, is hereby approved and shall be adhered to, 2 That the brick used in the construction of the columns shall be full face four (4") inch brick; 3 That the north, south and west elevations of the building shall be repaired as needed, and repainted, 4 That the issues as outlined in the correspondence dated July 13, 2015, from the Assistant Director of Inspection shall be resolved to the satisfaction of the Inspection Department and/or Engineering Department; 5 That the existing pylon sign shall be removed and replaced with a conforming monument sign, and that only conforming signage is approved with this petition Any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 6 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 7 That the parking lot shall be repaired, resealed and restriped as necessary to the satisfaction of the Inspection Department. Parking spaces shall be doubled striped at ten feet (10') wide by twenty feet (20') in length, 39489 Regular Meeting Minutes of August 17, 2015 8 That all dying, dead, diseased or missing landscaping shall be replaced at the direction of the Planning and Inspection Departments, 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 A roll call vote was taken on the foregoing resolutions with the following result: AYES Kritzman, Pastor, Meakin, Toy, Scheel, Nash and Brosnan NAYS None Toy, as Chair of the Legislative Affairs Committee, reported on the meeting of July 22, 2015 regarding the subject of the proposed amendment to the City's Sign Ordinance, regarding LED message center signs for area churches as well as the regulation of flying model aircrafts in the City of Livonia A communication from Nancy Migrin, dated July 29, 2015, re amending the City's Sign Ordinance, was received and placed on file for the information of the Council A communication from Joel Lindman, dated August 6, 2015, re amending the City's Sign Ordinance, was received and placed on file for the information of the Council A communication from Reverend James McNulty, Pastor of St. Edith Parish, dated July 1, 2015, re support for amending ordinance for electric message center signs, was received and placed on file for the information of the Council 39490 Regular Meeting Minutes of August 17, 2015 A communication from Reverend Joel Lindman, Senior Pastor of Bell Creek Community Church, dated July 15, 2015, re an updated list of churches in favor of amending the City's Sign Ordinance for electric message center signs, was received and placed on file for the information of the Council A communication from Pam Heumann, 35265 Curtis, dated August 10, 2015, re support for amending the City's Sign Ordinance for electric message center signs, was received and placed on file for the information of the Council On a motion by Toy, supported by Pastor, and unanimously adopted, it was #257-15 RESOLVED, that having considered the report and recommendation of the Legislative Affairs Committee, dated July 22, 2015, pursuant to Council Resolution No 211-15, regarding the subject of the proposed amendment to the City's Sign Ordinance, re LED message center signs for area churches, the Council does hereby request through the Administration reports and recommendations from the Law Department and the Inspection Department regarding the advisability of amending the City's Sign Ordinance to allow religious institutions to place and utilize LED message center signs A communication from Gary Ontko, dated May 27, 2015, re area where model planes are being flown, was received and placed on file for the information of the Council Google Earth photos that were presented at the Legislative Affairs Committee meeting of July 22, 2015 regarding the area that the model planes are being flown, was received and placed on file for the information of the Council On a motion by Toy, supported by Scheel, and unanimously adopted, it was #258-15 RESOLVED, that having considered the report and recommendation of the Legislative Affairs Committee, dated July 22, 2015, pursuant to Council Resolution No 159-15, regarding the subject of the proposed amendment to the Livonia Code of Ordinance, re Section 070 20 411111 39491 Regular Meeting Minutes of August 17, 2015 of Title 8, Chapter 32 (Noise Control), the Council does hereby request through the administration, a report and recommendation from the Law Department regarding the regulation of flying model aircrafts in the City of Livonia Vice President Meakin, as Chair of the Capital Improvement, Natural Resources and Waste Management Committee, reported out on the meeting held August 13, 2015 where the subject of the solid waste/recycling contract between the City of Livonia and Waste Management of Michigan, Inc was discussed A communication from Chuck Rizzo, Rizzo Environmental Services, dated August 12, 2015, re clarification of the Waste Hauling Contract for eight years, was received and placed on file for the information of the Council An email communication from Mary Larkin, 19515 Bainbridge, dated August 12, 2015, re recent services received from Waste Management, was received and placed on file for the information of the Council An email communication from Kevin Dolin, 16133 Alpine Drive, dated August 16, 2015, re recycling bins, was received and placed on file for the information of the Council A communication from the Office of the Mayor, dated August 17, 2015, re additional information — DPW Recommendation — Solid Waste Recycling Contract, was received and placed on file for the information of the Council An email communication from Dennis Long, 38011 Mallory, dated August 17, 2015, re Waste Hauling Contract, was received and placed on file for the information of the Council 39492 Regular Meeting Minutes of August 17, 2015 An email communication from William Burns, dated August 17, 2015, re Waste Hauling Contract, was received and placed on file for the information of the Council On a motion by Pastor, supported by Meakin and unanimously adopted, it was #259-15 RESOLVED, that having considered the report and recommendation of the Capital Improvement, Natural Resources and Waste Management Committee, dated August 13, 2015, submitted pursuant to Council Resolution 57-15, a communication from the Superintendent of Public Service and the Director of Public Works, dated June 11, 2015, which bears the signature of the Director of Finance, and is approved for submission by the Mayor; and information received from all companies who submitted proposals with regard to solid waste/recycling services and like services for the period December 1, 2015 through November 30, 2020, the Council does hereby (1) determine that Waste Management, Inc , 48797 Alpha Drive, Suite 150, Wixom, Michigan 48393, and Rizzo Environmental Services, Inc., d/b/a Rizzo Services (Corporation), 6200 Elmridge, Sterling Heights, Michigan 48313, are the most qualified and competitive of the competing companies who have submitted a proposal in response to the City of Livonia's Request for Proposals, (2) authorize the Administration to enter into negotiations with Waste Management and Rizzo Environmental Services for all five categories of waste removal/recycling services which were part of the City's request for proposals, (3) appoint to the team negotiating with Waste Management and Rizzo Environmental Services Councilmembers Brian Meakin and Brandon Kritzman, and (4) impose a September 1, 2015 deadline for negotiations to be complete Discussion was held on the motion with Pastor and Toy stating their reasons for supporting it as well as Nash The following audience members spoke on the issue Robert Piotrowski, 9121 Melvin Tom Mascaro, 33905 Lamoyne Paula Noechel, 20490 Milburn Luan Brownlee, 18269 University Park Drive Frankie Corey, 19804 Parkville Ken Fedoronko, 9936 Hartel Court Bob Klansick, 17786 Country Club Drive Robert Soper, 18462 Fremont Jason Tamer, 19555 Merriman Court Nancy Rhatigan, 11446 Loveland 39493 Regular Meeting Minutes of August 17, 2015 Michael Robins, 33615 Wood Jill Johnson, 11824 Cardwell Robert Spendal, 29000 Grandon William Myslinski, 9848 Sunset Angelo Mauti, 17017 Doris Eleanor DeFever, 14469 Ellen Joe Abdalla, 32572 Oakley Steve King, 33950 Coventry Christopher Martin, 12275 Inkster Gail Cretu, 15843 Woodring Joe Taylor, 36734 Sunnydale Bruce Brotherton, Waste Management Pastor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 32 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 2015-03-01-03) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Kritzman, Pastor, Meakin, Toy, Scheel, Nash and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Toy, supported by Scheel, and unanimously adopted, it was #260-15 RESOLVED, that having considered a communication from the City Planning Commission, dated July 22, 2015, approved for submission by the Mayor, which transmits its resolution #07-44-2015, adopted on July 14, 2015, with regard to Petition 2015-06-02-12, submitted by Crosswinds Court Sub Inc , requesting approval to develop a Planned Residential Development under the Single Family Clustering option (Arbor Trail Estates) on the north side of Ann Arbor Trail between Wayne Road and Newburgh Road (35652, 35700, 35800 and 35850 Ann Arbor Trail), in the Southeast % of Section 32, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2015- 06-02-12 is hereby approved and granted, subject to the following conditions 39494 Regular Meeting Minutes of August 17, 2015 1 That the Master Deed and bylaws for this condominium development shall be submitted and filed with the Planning Commission and City Council within sixty (60) days of this approval, 2 That the following shall be incorporated in the Master Deed and bylaws - that the first floor of each condominium unit shall be brick or stone, on all four (4) sides, and the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings, - that the minimum floor area for each one-story dwelling shall not be less than 1,300 square feet and not be less 1,800 square feet for each two-story dwelling, - that all exterior chimneys shall be brick 3 That entry lights and sidewalks shall be installed throughout the development to the satisfaction of the Engineering Department; 4 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, 5 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 prorata 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, 6 That the brick used in the construction of each condominium unit shall be full face four inch (4") brick; 7 That the Site Plan marked Sheet 1 dated June 25, 2015, as revised, prepared by Arpee/Donnan, Inc , is hereby approved and shall be adhered to, 8 That the Landscape Plan marked Sheet 2 dated June 25, 2015, as revised, prepared by Arpee/Donnan, Inc , is hereby approved and shall be adhered to, 39495 Regular Meeting Minutes of August 17, 2015 9 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 Planning Commission and City Council, 10 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 11 That the Site Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 12 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, 13 Pursuant to Section 19 10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period Pastor stepped down from the podium at 8.25 to avoid any perceived conflict of interest. On a motion by Toy, supported by Meakin, it was #261-15 RESOLVED, that having considered a communication from the City Planning Commission, dated July 29, 2015, approved for submission by the Mayor, which transmits its Resolution No 07-48-2015, adopted on July 28, 2015, with regard to Petition 2015-07-08-08, submitted by GPS Hospitality, on behalf of Burger King Corporation, in connection with a proposal to remodel the exterior of the existing restaurant located on the east side of Middlebelt Road between Five Mile and Roycroft Avenue (15378 Middlebelt Road) in the Southwest 1/4 of Section 13, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2015-07-08-08 is hereby approved and granted, subject to the following conditions 1 That the New Elevations plan, marked Sheet A2 2 as prepared by Curran Architecture, dated July 5, 2015 and received by the Planning Commission on July 10, 2015, is hereby approved and shall be adhered to, 39496 Regular Meeting Minutes of August 17, 2015 2. That all rooftop mechanical equipment shall be concealed from public view on all sides by either the parapet wall or screening that shall be of a compatible character, material and color to other exterior materials on the building, 3 That the signs as shown, minus the one button logo on the north elevation, are hereby approved subject to review and approval by the Zoning Board of Appeals, 4 That no additional LED lightband other than what appears on the plan or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 5 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 6 Pursuant to Section 19 10 of Ordinance No 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 the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolution with the following result: AYES Kritzman, Meakin, Toy, Scheel, Nash and Brosnan NAYS None On a motion by Meakin, supported by Kritzman, it was #262-15 RESOLVED, that having considered a communication from the City Planning Commission, dated July 30, 2015, approved for submission by the Mayor, which transmits its Resolution No 07-49-2015, adopted on July 28, 2015, with regard to Petition 2015-07-08-09, submitted by GPS Hospitality, on behalf of Burger King Corporation, in connection with a proposal to remodel the exterior of the existing restaurant located on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue (29211 Seven Mile Road) in the Northwest 1/4 of Section 12, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2015-07-08-09 is hereby approved and granted, subject to the following conditions 1 That the New Elevations plan, marked Sheet A2 2, as received by the Planning Commission on July 10, 2015, prepared by Curran Architecture, is hereby approved and shall be adhered to, 39497 Regular Meeting Minutes of August 17, 2015 2 That all rooftop mechanical equipment shall be concealed from public view on all sides by either the parapet wall or screening that shall be of a compatible character, material and color to other exterior L. materials on the building, 3 That the submitted sign package is approved with this petition, subject to review and approval by the Zoning Board of Appeals, 4 That no additional LED lightband other than what appears on the plan or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 5 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 6 Pursuant to Section 19 10 of Ordinance No 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 the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolution with the following result: AYES Kntzman, Meakin, Toy, Scheel, Nash and Brosnan NAYS None On a motion by Toy, supported by Nash, it was #263-15 RESOLVED, that having considered a communication from the City Planning Commission, dated July 29, 2015, approved for submission by the Mayor, which transmits its Resolution No 07-51-2015, adopted on July 28, 2015, with regard to Petition 2015-07-08-10, submitted by Schostak Brothers & Company, Inc., in connection with a proposal to construct a high-rise office building within College Park located on the east side of Haggerty Road between Six Mile and Seven Mile Roads (17450 College Parkway) in the Southwest 1/4 of Section 7, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2015-07-08-10 is hereby approved and granted, subject to the following conditions 1 That the Preliminary Site Plan marked Drawing Number P-2 1 dated 2 July 10, 2015 prepared by Professional Engineering Associates, is hereby approved and shall be adhered to, That proper documentation, such as a cross access agreement, that gives notice and outlines the terms of how the subject property will 39498 Regular Meeting Minutes of August 17, 2015 share access with abutting property(s), be supplied to the Inspection 3 Department at the time a building permit is applied for; That the Landscape Plan marked Drawing Number L-1 dated July 10, 2015 prepared by Professional Engineering Associates, is hereby approved and shall be adhered to, 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the Exterior Building Elevation Plan marked A3 1 dated July 10, 2015 prepared by Lindhout Associates, is hereby approved and shall be adhered to, 7 That all rooftop mechanical equipment shall be concealed from public view on all sides by either the parapet wall or screening that shall be of a compatible character, material and color to other exterior materials on the building, 8 That the three walls of the trash dumpster areas shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times, 9 That all ground mounted light fixtures shall not exceed a height of 25 ft. and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 10 This office building shall be allowed two (2) wall-mounted signs as depicted on the Exterior Elevations, subject to approval by the Zoning Board of Appeals Any additional wall signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 11 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 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 39499 Regular Meeting Minutes of August 17, 2015 A roll call vote was taken on the foregoing resolution with the following result: AYES Kritzman, Meakin, Toy, Scheel, Nash and Brosnan NAYS None Pastor returned to the podium at 8 31 p m On a motion by Toy, supported by Kritzman, and unanimously adopted, it was #264-15 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 Pastor, supported by Scheel, and unanimously adopted, it was. #265-15 RESOLVED, that having considered a communication from the Department of Law, dated August 12, 2015, which bears the signature of the Director of Community Resources and is approved for submission by the Mayor, requesting to approve a Cable Franchise Agreement with Bright House Networks to continue a 5% franchise fee, together with the 1% peg fee which supports City Channel 8, for a period of ten (10)years, the Council does hereby authorize the Mayor and City Clerk to execute the Uniform Video Service Local Franchise 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 There was no Audience Communication at the end of the meeting On a motion by Pastor, supported by Meakin, and unanimously adopted, this 1,783rd Regular Meeting of the Council of the City of Livonia was adjourned at 8 34 p m on August 17, 2015 Susan A. Hoff, City/r7 -rk