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HomeMy WebLinkAboutMINUTES 2017-02-13 40082 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND EIGHTEENTH REGULAR MEETING OF FEBRUARY 13, 2017 On February 13, 2017 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Kathleen McIntyre at 7:00 p.m. Councilmember Maureen Miller Brosnan led the meeting in the Invocation, followed by members of Boy Scout Troops 1382 and 742 who led the meeting in the Pledge Roll was called with the following result: Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr, Brian Meakin, Brandon Kritzman and Kathleen McIntyre. Absent: None. Elected and appointed officials present: Mark Taormina, Director or Economic Development and Planning; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs; Denise Maier, Director of Human Resources; Linda McCann, Director of Community Resources; Ted Davis, Superintendent of Parks and Recreation; Curtis Caid, Chief of Police; and Shadd Whitehead, Fire Chief; and Laura Cox, State Representative. On a motion by White, supported by Bahr, it was: th #33-17 RESOLVED, that the minutes of the 1817 Regular Meeting of Council held January 30, 2017 are approved as submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brosnan, Jolly, White, Bahr, Kritzman and McIntyre NAYS: None PRESENT: Meakin 40083 Regular Meeting Minutes of February 13, 2017 The President declared the resolution adopted. Councilmember Meakin announced the retirees for the month of January, 2017: James Brophy, Battalion Chief with 29 years of service; Jeffrey Weiss, Senior Police Sergeant, with 25 years of service; Nicholas Calleja, Foreman – Parks Division, with 30 years of service; Dan Lee, Fire Marshal, with 28 years of service; and Brad Christy, Battalion Chief, with 28 years of service. He wished them all well on their retirement. Laura Cox, State Representative, presented Chief Curtis Caid with a resolution recognizing his election by his peers as President of the Southeastern Michigan Association of Chiefs of Police. Chief Caid proudly accepted it acknowledging what an honor it was to receive. President McIntyre announced there will be one (1) Public Hearing being held on Monday, March 6, 2017 at 7:00 p.m. in the Auditorium at 33000 Civic Center Drive regarding: PETITION 2017-01-01-01 submitted D S Homes L.L.C., to rezone the property located on the north side of Roycroft Avenue between Garden Avenue and Middlebelt Road (29220 Roycroft Avenue) in the Southwest 1/4 of Section 13, from C-2 (General Business) to R-1 (One Family Residential – 60’x120’ Lot). President McIntyre stated there is New Data on Items 15, 19, 22, 24 and 25. During Audience Communication, George Donabedian, 14236 Beatrice, spoke about his vision and passion for the future of Livonia and his desire to be a part of the process in moving the City forward in the right direction. On a motion by Brosnan, supported by Kritzman, it was: #34-17 RESOLVED, that having considered a communication from the City Engineer, dated January 13, 2017, approved for submission by the Mayor, to which is attached a letter from Morgan Agazzi, dated January 13, 2017, requesting a waiver of the sidewalk requirement in front of the residence located at 20405 Gill Road, in the N.W. ¼ of Section 4, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties due to the lack of connectivity to the north and south of this location; FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date. #35-17 RESOLVED, that having considered a communication from the Mayor, dated January 17, 2017, concerning the reappointment of Lora Weingarden to the Board of Ethics, and pursuant to Section 2.200.070 of the Livonia Code of Ordinances, as amended, the Council does hereby 40084 Regular Meeting Minutes of February 13, 2017 consent to and confirm the reappointment of Lora Weingarden, 32941 Southgate, Livonia, Michigan 48152, to the Board of Ethics for a three- year term commencing March 1, 2017 and expiring March 1, 2020. #36-17 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated January 22, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a report containing an explanation of the 2017-2018 Community Development Block Grant (CDBG) Program and Budget, the Council does hereby take this means to indicate its informal approval of the proposed program and tentative budget and does further authorize the Housing Commission to conduct a second public hearing on this matter for public comment and to thereafter prepare a final program and budget for submission to the City Council. #37-17 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated January 19, 2017, which bears the signature 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 marked, semi-marked and investigative police vehicles, to be used by the Uniform Division, the Investigative Division/Administration and the Intelligence Bureau, utilizing the State of Michigan and the Counties of Oakland and Macomb Consortium Bid Pricing from budgeted funds as follows: Four (4) 2017 Ford Utility Police Interceptors from Signature Ford, 1960 E. Main Street, Owosso, MI 48867, in the amount of $30,325.00 each for a total amount of $121,300.00, to be expended from funds already budgeted in Account No.: 101-325-985-000 (Capital Outlay-Vehicles) for this purpose, through the Macomb County consortium; Two (2) 2017 Dodge Charger AWD Police Packages from LaFontaine Dodge, 6131 S. Pennsylvania Avenue, Lansing, MI 48911, in the amount of $26,824.00 each for a total amount of $53,648.00, to be expended from funds already budgeted in Account No.: 101-325-985-000 (Capital Outlay-Vehicles) for this purpose, through the State of Michigan consortium; Two (2) Ford Utility Police Interceptors from Signature Ford, 1960 E. Main Street, Owosso, MI 48867, in the amount of $30,325.00 each for a total amount of $60,650.00, to be expended from funds already budgeted in Account No.: 101-302-985-000 (Capital Outlay-Vehicles) for this purpose, through the Macomb County consortium; Two (2) Ford Utility Police Interceptors in the amount of $34,191.00 each for a total amount of $68,382.00, and one (1) Ford Expedition in the amount of $36,931.00, for a total amount of $105,313.00, from Signature 40085 Regular Meeting Minutes of February 13, 2017 Ford, 1960 E. Main Street, Owosso, MI 48867, to be expended from funds already budgeted in Account No.: 101-307-985-000 (Capital Outlay-Vehicles) for this purpose, through the Macomb County consortium; One (1) Ford Utility Police Interceptor from Signature Ford, 1960 E. Main Street, Owosso, MI 48867, in the amount of $31,110.00, to be expended from funds already budgeted in Account No.: 265-334-985-000 (Capital Outlay-Vehicles) for this purpose, through the Macomb County consortium; FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan, Macomb County or Oakland County consortium bids and/or such action is taken in accordance with the provisions set forth in Section 3.04.140D4 of the Livonia Code of Ordinances, as amended. #38-17 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated January 19, 2017, 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 replacement weapons consisting of 195 Sig Sauer 9MM Model P226 Pistols at a net cost (after trade-in) of $254.45 per unit; 38 Sig Sauer 9MM P239 Pistols at a net cost (after trade-in) of $216.00 per unit; and 30 Sig Sauer 9MM P290 Pistols at a cost of $299.60 per unit, for a total amount not to exceed $66,813.75, for use by the Police Department from Vance Outdoors, Inc., 3723 Cleveland Avenue, Columbus, OH 43224, the same having been the sole qualified bid received and meets all specifications; FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $66,813.75 from funds already budgeted in Account No. 101-304-971-000 (Capital Outlay- Minor) for this purpose. #39-17 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Works and the Director of Public Works, dated January 4, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of 24/7 Tree Service, LLC., 105 Franklin Wright Blvd., Lake Orion, MI 48632 for completing all work required in connection with the City’s 2017 Tree and Stump Removal Program for an estimated total cost not to exceed $129,800.00, said estimated cost and unit prices having been in fact the lowest bid received that met all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $129,800.00 from funds already budgeted in Account No. 205-527-818-045 (Refuse – Contractual Service Forestry) for this purpose; FURTHER, in the event the low bidder is unable to complete the work, the Council does hereby accept the unit 40086 Regular Meeting Minutes of February 13, 2017 price bid of the second lowest bidder, G’s Trees, Inc., 1665 Lafayette, Lincoln Park, MI 48146 to complete the work for the estimated total cost not to exceed $138,350.00; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract, approved as to form and substance by the Law Department, for and on behalf of the City of Livonia with the aforesaid bidder(s) and to do all other things necessary or incidental to the full performance of this resolution. #40-17 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Works, dated January 4, 2017, which bears the signatures of the Director of Public Works and the Director of Finance, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Greg Davis Landscape Services, 471 Renaud, Grosse Pointe, MI 48236 for completing all work required in connection with the City’s 2017 Street Tree Planting Program for the estimated total cost of $106,864.00, based upon the Public Service Division’s estimate of units involved, and subject to final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $106,864.00 from funds already budgeted in Account No. 204-781-818-047 for this purpose; FURTHER, in the event the low bidder is unable to supply certain species of trees, the Council does hereby accept the unit price bid of the second lowest bidder, Crimboli Nursery, Inc., 50145 Ford Road, Canton, MI 48187 to supply those species for the City’s 2017 Street Tree Planting Program for the estimated total cost not to exceed $130,104.00; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract, approved as to form and substance by the Law Department, for and on behalf of the City of Livonia with the aforesaid bidder(s) and to do all other things necessary or incidental to the full performance of this resolution. #41-17 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Works, dated January 11, 2017, which bears the signatures of the Director of Public Works and the Director of Finance, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Branch Tree Service, 24195 Mound Road, Warren, MI 48091 for completing all work required in connection with the City’s 2017-2018 Right-of-Way Street Tree Trimming – Service Request Program, for the estimated total cost of $349,000.00, based upon the Public Service Division’s estimate of units involved and subject to final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; 40087 Regular Meeting Minutes of February 13, 2017 FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $349,000.00 from funds already budgeted in the Municipal Refuse Fund Contractual Services – Forestry (Account No. 205-527-818- 045) for this purpose; with a two (2) year extension at the City’s discretion, for the estimated additional total cost of $364,861.00; FURTHER, in the event the low bidder is unable to satisfy the requirements of the contract, or a significant situation arises that necessitates additional resources, the Council does hereby accept the unit price bid of the second lowest bidder, Boon Development, LLC d/b/a Sod Solutions, 14382 Sunbury, Livonia, MI 48154, for the estimated total cost not to exceed $540,000.00; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract, approved as to form and substance by the Law Department, 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. #42-17 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Works, dated January 11, 2017, which bears the signatures of the Director of Public Works and the Director of Finance, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Boon Development, LLC d/b/a Sod Solutions, 14382 Sunbury, Livonia, MI 48154, for completing all work required in connection with the City’s 2017-2018 Right-of-Way Section Street Tree Trimming, Emergency Response and Emergency Removal Program, for the estimated total cost of $258,800.00, based upon the Public Service Division’s estimate of units involved and subject to final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $258,800.00 from funds already budgeted in the Municipal Refuse Fund Contractual Services - Forestry (Account No. 205-527-818-045) for this purpose; with a two (2) year extension at the City’s discretion, for the estimated additional total cost of $305,260.00; FURTHER, in the event the low bidder is unable to satisfy the requirements of the contract, or a significant situation arises that necessitates additional resources, the Council does hereby accept the unit price bid of the second lowest bidder, Branch Tree Service, 24195 Mound Road, Warren, MI 48309 for the estimated total cost not to exceed $777,550.00; FURTHER, the Council does hereby approve an annual expenditure in the amount of $129,400.00 for each of the next two years (2017-2018) from funds already budgeted in the Municipal Refuse Fund Contractual Services – Forestry (Account No. 205-527-818-045) to cover tree trimming as well as any emergency work needed from storm damage at the unit price provided and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract, approved as to 40088 Regular Meeting Minutes of February 13, 2017 form and substance by the Law Department, 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. #43-17 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 17, 2017, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, regarding repair of sidewalks in the City of Livonia pursuant to the 2016 Sidewalk Program, Contract 16-G, at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to CR 147-16, and in accordance with the provisions of Section 340 of Title 12, Chapter 4 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of June 19, 2017 at 7:00 P.M., at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. #44-17 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 11, 2017, 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 summary outlining the final allocation of costs in connection with the 2016 Sidewalk Program (Contract 16-G), pursuant to Council Resolution #147-16, adopted on April 4, 2016, the Council does hereby determine as follows: 1. To establish the final project cost at $601,411.13 (this includes the 10% Engineering Division’s administrative fee) of which $127,515.29 is to be charged to Single Lot Assessments and $473,895.84 is to be charged to the following Account Nos.: $403,466.29 to the Road, Sidewalk and Tree Fund (Account 204- 441-977-010); $50,133.85 to the Michigan Transportation Fund (Local Road Account); $19,882.10 to the Water and Sewer Fund; and $413.60 to AT&T for the AT&T damaged walk; and 2. To authorize an additional appropriation and expenditure in the amount of $25,549.35 from the Unexpended Fund Balance of the Michigan Transportation Fund (Local Road Account) to cover the costs related to the construction or reconstruction of additional handicap ramps and minor street repair of local roads and other 40089 Regular Meeting Minutes of February 13, 2017 City costs to cover the administrative costs connected with this work; and 3. To authorize an additional appropriation and expenditure in the amount of $1,619.70 from the Unexpended Fund Balance of the Water and Sewer Fund to cover the costs related to the additional sidewalk work adjacent to and including water, storm and sanitary structure repairs. #45-17 RESOLVED, that having considered a communication from the City Engineer, dated January 9, 2017, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached various lists of sidewalks requiring installation or replacement within a target area located in Section 31, along with scattered locations throughout the City, said lists being incorporated herein by reference, in connection with the 2017 Sidewalk Repair Program and for reasons stated therein, the Council does hereby require the respective owners of lots and premises referred to in said lists to install or to remove and replace sidewalks at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Section 12.04.340 of the Livonia Code of Ordinances, as amended; FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than July 1, 2017, after which date the Engineering Division shall arrange for the construction and/or reconstruction of the said sidewalks; FURTHER, the Council does hereby authorize the construction and/or reconstruction of various sections of sidewalks and crosswalks at several locations within the City inasmuch as the same are the City’s responsibility. #46-17 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 16, 2017, which bears the signature of the Director of Public Works and the Director of Finance, is reviewed as to form by the City Attorney, and approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia and the Michigan Department of Transportation (MDOT) for the completion of the Amrhein Road reconstruction from Eckles Road to approximately 2,900 feet east of Eckles Road, with 19% responsibility of the City of Livonia participation estimated to be $337,500.00, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement in the manner and form herein submitted; FURTHER, the Council does hereby authorize an expenditure in the amount of $337,500.00 from funds budgeted in Account No. 202-463-818-125 (Major Street Fund - City Participation in County and MDOT Projects) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work, as required. 40090 Regular Meeting Minutes of February 13, 2017 #47-17 RESOLVED, that having considered a communication from the City Planning Commission, dated January 13, 2017, approved for submission by the Mayor, which transmits its resolution #01-01-2017, adopted on January 10, 2017, with regard to Petition 2016-11-02-21, submitted by Fusco, Shaffer & Pappas, Inc., on behalf of Woodhaven Retirement Community, to construct additions to the existing skilled nursing home, on property located on the south side of Wentworth Avenue, west of Middlebelt Road (29667 Wentworth), in the Southeast 1/4 of Section 14, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2016-11-02-21 is hereby approved and granted, subject to the following conditions: 1. That the Architectural Site Plan marked AS.101, dated November 22, 2016, prepared by Fusco, Shaffer & Pappas, Inc., is hereby approved and shall be adhered to; 2. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient side yard building setback in the R-9 zoning district portion of the project and any conditions related thereto; 3. That the Planting Plan marked L.101 and the Plant List & Details Plan marked L.102, both dated November 22, 2016, prepared by Fusco, Shaffer & Pappas, Inc., are hereby approved and shall be adhered to; 4. That any of the previously planted trees along Wentworth and any other location within the complex that have since died shall be replaced; 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 the Exterior Elevations Plan marked A.201, dated November 22, 2016, prepared by Fusco, Shaffer & Pappas, Inc., is hereby approved and shall be adhered to; 8. That all light fixtures shall not exceed 20 feet in height and shall be shielded to minimize glare trespassing on adjacent properties and roadway; 40091 Regular Meeting Minutes of February 13, 2017 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; and 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. The Overall Site and Floor Plan, Project No. 1690, Sketch No. SK-1, Floor Plan Sketch No. SK-2, and Elevations Sketch No. SK-3, prepared by Hans & Associates, dated January 30, 2017, re: Petition 2016-12-02-22, was received and placed on file for the information of the Council. #48-17 RESOLVED, that having considered a communication from the City Planning Commission, dated January 16, 2017, approved for submission by the Mayor, which transmits its resolution #01-02-2017, adopted on January 10, 2017, with regard to Petition 2016-12-02-22, submitted by Los Tres Amigos, to expand the food service operation and Class C Liquor License of the restaurant (formerly Outback Steakhouse) to include an outdoor dining patio and exterior façade renovations within the Mid-5 Retail Center, located on the southwest corner of Five Mile and Middlebelt Roads (29441 Five Mile Road), in the Northeast 1/4 of Section 23, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2016-12-02-22 is hereby approved and granted, subject to the following conditions: 1. That the Overall Site & Floor Plan marked Sketch No. SK-1 dated January 30, 2017, prepared by Hans & Associates, is hereby approved and shall be adhered to; 2. That the maximum number of customer seats shall not exceed a total of two hundred two hundred and fifty-seven (257) seats, including one hundred eighty-nine (189) interior seats and sixty- eight (68) outdoor patio seats; 3. That unless eight additional spaces can be provided on site, this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto; 4. That the type, sizes or quantity of the plant materials to be planted along the outside edge of the patio shall be installed to the satisfaction of the Planning and Inspection Departments and thereafter permanently maintained in a healthy condition; 40092 Regular Meeting Minutes of February 13, 2017 5. That a barrier preventing vehicles from penetrating the patio and exterior surveillance cameras to record the patio and surrounding area be installed to the satisfaction of the Police Department; 6. That any outdoor speakers and/or sound equipment, including televisions, shall not be heard beyond the property lines of the shopping center at any time the equipment is in use; 7. That all light fixtures shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadways; 8. That any form of outdoor advertising or signage shall be prohibited on any of the patio structures, including the fencing, canopy/pergola, seating and tables, without the prior written approval by the City of Livonia Inspection Department; 9. That the Elevations Plan marked Sketch No. SK-3 dated January 30, 2017, prepared by Hans & Associates, is hereby approved and shall be adhered to; 10. 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; 11. That unless approved by the proper local authority, any type of exterior advertising, such as promotional flags, streamers or sponsor vehicles designed to attract the attention of passing motorists, shall be prohibited; 12. That the Petitioner shall be allowed either a single wall sign or two (2) wall signs per the variance granted in Appeal Case No. 9412- 152, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 13. That no LED light band or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; and 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. #49-17 RESOLVED, that having considered a communication from the City Planning Commission, dated January 17, 2017, approved for submission by the Mayor, which transmits its resolution #01-04-2017, adopted on January 10, 2017, with regard to Petition 2016-12-02-24, 40093 Regular Meeting Minutes of February 13, 2017 submitted by Medi Brian Cacani, to increase the seating capacity of a previously approved limited service restaurant (formerly Carlton’s Coffee House) into a full service restaurant (Town Grill) within the Burton Hollow Plaza shopping center located on the east side of Farmington Road between Six Mile Road and Curtis Avenue (17162 Farmington Road) in the Southwest 1/4 of Section 10, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2016-12-02-24 is hereby approved and granted, subject to the following conditions: 1. This approval is subject to a legal and binding cross-access parking agreement between the owner(s) of the shopping center and owner(s) of the abutting property to the north, 17200 Farmington Road, currently occupied by Abbey Flooring & Design. The agreement shall give notice and outline the terms of how the subject properties will share parking, access and maintenance; 2. This approval is subject to City Council modifying the requirement specified in the C-1 zoning waiver use regulations that restricts the seating capacity of a restaurant; 3. That the maximum customer seating count for this restaurant shall not exceed seventy-two (72) seats; 4. 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; 5. That no LED light band or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows; and 6. That the issues as outlined in the correspondence dated January 10, 2017, from the Inspection Department regarding the landscaping and curb repair at the south drive off Farmington Road shall be resolved to that department’s satisfaction. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and McIntyre NAYS: None The President declared the resolutions adopted. 40094 Regular Meeting Minutes of February 13, 2017 White first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 1 OF TITLE 9, CHAPTER 94 (FIREARMS & DANGEROUS WEAPONS) 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. Brosnan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 010, 020, 030 OF TITLE 9, CHAPTER 88 (SALE OF TOBACCO PRODUCTS TO MINORS) 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. A correspondence from the Department of Law, dated January 31, 2017, re: Petition 2016-11-01-07, was received and placed on file for the information of the Council. Bahr gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 22 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 2016-11-01-07) 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. 40095 Regular Meeting Minutes of February 13, 2017 The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. Jolly took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING CHAPTER 30 (SMOKING IN PUBLIC PLACES) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and McIntyre NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. White 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 2016-11-01-08) Councilmember Brosnan explained the process of ordinance amendments for the benefit of the viewing audience and those in attendance at the Council meeting. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and McIntyre NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 40096 Regular Meeting Minutes of February 13, 2017 A communication from the Human Resources Director, dated February 8, 2017, to which is attached a report listing all City Department Head classifications, re: Request to Approve New Civil Service Department Heads Vacation Policy, was received and placed on file for the information of the Council. On a motion by Meakin, supported by Jolly, and unanimously adopted, it was: #50-17 RESOLVED, that having considered a communication from the Human Resources Director, dated January 23, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Civil Service Resolution #17-09, adopted on January 18, 2017, wherein it is recommended to grant new Civil Service Department Heads 120 hours of vacation at the beginning of their employment, with an accrual rate of ten (10) hours per month or 120 hours per year, effective for new Civil Service Department Heads hired after January 1, 2015 and to continue for the employee’s first ten (10) years of employment, as well as the recommendation from the Administration that this vacation benefit be applied to all unclassified department heads, the Council does hereby concur in these recommendations and the new department heads vacation policy is hereby approved for the following positions: City Engineer Library Director Director Administrative Services Planning/Economic Development Director of Emergency Director Preparedness Police Chief Director of Finance Superintendent Parks and Director of Legislative Affairs Recreation Director - Building Inspection City Attorney – PT DPW Director City Assessor Executive Director/Housing Director – Community Resources Fire Chief Economic Development Director Human Resources Director Director of Public Safety Information Systems Director Planning Director Vice President Kritzman stepped down from the podium to avoid any perceived conflict of interest at 7:27 p.m. 40097 Regular Meeting Minutes of February 13, 2017 On a motion by Brosnan, supported by White, it was: #51-17 RESOLVED, that having considered a communication from the Chief of Police, dated January 19, 2017, which bears the signature of the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed Parking Enforcement Agreement, prepared by the City of Livonia Law Department, between the City of Livonia and Madonna University, the Council does hereby authorize the Mayor and City Clerk to execute the aforesaid agreement for and on behalf of the City of Livonia with Madonna University in the manner and form herein submitted. Chief Caid was present to answer questions from Council. Following discussion by Council, a roll call vote was taken on the motion made by Brosnan, supported by White, with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin and McIntyre NAYS: None The President declared the resolution adopted. Vice President Kritzman returned to the podium at 7:31 p.m. A communication from the Planning Commission, dated February 1, 2017, re: Petition 2016-12-02-23 Stables Bar, was received and placed on file for the information of the Council. On a motion by Meakin, supported by Brosnan, it was: RESOLVED, that having considered a communication from the City Planning Commission, dated January 17, 2017, approved for submission by the Mayor, which transmits its resolution #01-03-2017, adopted on January 10, 2017, with regard to Petition 2016-12-02-23, submitted by the Stables Bar, to expand the existing food service operation and Class C Liquor License of the existing bar and grill to include an outdoor dining patio located on the east side of Middlebelt Road between Jamison Avenue and Five Mile Road (14950 Middlebelt Road) in the Northwest 1/4 of Section 24, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2016-12-02-23 is hereby approved and granted, subject to the following conditions: 40098 Regular Meeting Minutes of February 13, 2017 1. That the Existing & Proposed Site Plan marked Sheet No. P1 dated January 26, 2017, as revised, prepared by Joseph Philips- Architect, L.L.C., is hereby approved and shall be adhered to; 2. That the Enlarged Proposed Patio Plan & Elevations marked Sheet No. P2 dated January 26, 2017, as revised, prepared by Joseph Philips-Architect, L.L.C., is hereby approved and shall be adhered to; 3. That the maximum number of customer seats shall not exceed a total of one hundred thirty (130) seats, including one hundred (100) interior seats and thirty (30) outdoor patio seats; 4. That the hours of operation of the outdoor patio shall be limited from 10:00 a.m. to 10:00 p.m., Sunday through Thursday, and 10:00 a.m. to 12:00 a.m., Friday and Saturday; 5. That a barrier preventing vehicles from penetrating the patio and exterior surveillance cameras to record the patio and surrounding area shall be installed to the satisfaction of the Police Department; 6. That the type, sizes or quantity of the plant materials to be planted along the outside edge of the patio shall be installed to the satisfaction of the Planning and Inspection Departments and thereafter permanently maintained in a healthy condition; 7. That there shall be no outdoor speakers or sound equipment allowed to operate outside at any time. Outside televisions shall be allowed with no sound; 8. That all light fixtures shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadways; 9. That any form of outdoor advertising or signage shall be prohibited on any of the patio structures, including the fencing, seating and tables, without the prior written approval by the City of Livonia Inspection Department; 10. That unless approved by the proper local authority, any type of exterior advertising, such as promotional flags, streamers or sponsor vehicles designed to attract the attention of passing motorists, shall be prohibited; 11. That the site’s trash dumpster and grease container shall be fully enclosed using materials, at the discretion of the Planning and Inspection Departments, that complement the building. The enclosure gates shall be of solid panel steel construction or 40099 Regular Meeting Minutes of February 13, 2017 durable, long-lasting solid panel fiberglass, shall be maintained, and closed at times when not in use; 12. That the protective screen wall along the site’s east property line shall be repaired to the satisfaction of the Inspection Department; 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 no LED light band or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; and 15. 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. The following people spoke on this matter: Ronald Abraham, owner and proprietor of Stables Bar, 7 Nowlin Court, Dearborn Donna Wensing, 14963 Cavour Kim Stanek, 14971 Cavour Jacob Jaghab, 14932 MIddlebelt Road George Donabedian, 14236 Beatrice Following discussion by Council, Meakin offered the following friendly amendment to the resolution, supported by Brosnan, #52-17 RESOLVED, that having considered a communication from the City Planning Commission, dated January 17, 2017, approved for submission by the Mayor, which transmits its resolution #01-03-2017, adopted on January 10, 2017, with regard to Petition 2016-12-02-23, submitted by the Stables Bar, to expand the existing food service operation and Class C Liquor License of the existing bar and grill to include an outdoor dining patio located on the east side of Middlebelt Road between Jamison Avenue and Five Mile Road (14950 Middlebelt Road) in the Northwest 1/4 of Section 24, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2016-12-02-23 is hereby approved and granted, subject to the following conditions: 1. That the Existing & Proposed Site Plan marked Sheet No. P1 dated January 26, 2017, as revised, prepared by Joseph Philips- Architect, L.L.C., is hereby approved and shall be adhered to; 2. That the Enlarged Proposed Patio Plan & Elevations marked Sheet No. P2 dated January 26, 2017, as revised, prepared by Joseph 40100 Regular Meeting Minutes of February 13, 2017 Philips-Architect, L.L.C., is hereby approved and shall be adhered to; 3. That the maximum number of customer seats shall not exceed a total of one hundred thirty (130) seats, including one hundred (100) interior seats and thirty (30) outdoor patio seats; 4. That the hours of operation of the outdoor patio shall be limited from 10:00 a.m. to 11:00 p.m., Sunday through Thursday, and 10:00 a.m. to 12:00 a.m. Friday and Saturday; 5. That a barrier preventing vehicles from penetrating the patio and exterior surveillance cameras to record the patio and surrounding area shall be installed to the satisfaction of the Police Department; 6. That the type, sizes or quantity of the plant materials to be planted along the outside edge of the patio shall be installed to the satisfaction of the Planning and Inspection Departments and thereafter permanently maintained in a healthy condition; 7. That all light fixtures shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadways; 8. That any form of outdoor advertising or signage shall be prohibited on any of the patio structures, including the fencing, seating and tables, without the prior written approval by the City of Livonia Inspection Department; 9. That unless approved by the proper local authority, any type of exterior advertising, such as promotional flags, streamers or sponsor vehicles designed to attract the attention of passing motorists, shall be prohibited; 10. That the site’s trash dumpster and grease container shall be fully enclosed using materials, at the discretion of the Planning and Inspection Departments, that complement the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass, shall be maintained, and closed at times when not in use; 11. That the protective screen wall along the site’s east property line shall be repaired to the satisfaction of the Inspection Department; 12. 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; 40101 Regular Meeting Minutes of February 13, 2017 13. That no LED light band or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; and 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. with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and McIntyre NAYS: None The President declared the resolution adopted. A communication from the Planning Director, dated February 2, 2017, re: Petition 2016-11-08-14, was received and placed on file for the information of the Council. A communication from the Director of Finance, dated January 27, 2017, re: delinquent water bill balance with regard to Petition 2016-11-08-14, was received and placed on file for the information of the Council. On a motion by Brosnan, supported by Bahr, it was: RESOLVED, that having considered a communication from the City Planning Commission, dated January 11, 2017, which transmits its resolution #01-06-017, adopted on January 10, 2017, with regard to Petition 2016-11-08-14, submitted by Leo Soave requesting approval of the Master Deed, bylaws and site plan, in connection with a proposal to construct a site condominium development (Mystic Creek Condominiums) located on the east side of Wayne Road between Six Mile Road and Curtis Road (18000, 18040 and 18080 Wayne Road), in the Southwest ¼ of Section 9, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2016-11-08-14 is hereby approved and granted, subject to the following conditions: 1. That the Master Deed and bylaws complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16.04- 16.40 of the Livonia Code of Ordinance, and Article XX, Section 20.01-20.06 of Zoning Ordinance #543, and that all building and use restrictions shall incorporate the following requirements: 40102 Regular Meeting Minutes of February 13, 2017 • That the first floor of each condominium unit shall be brick or stone on all four (4) sides; • That 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 all exterior chimneys shall be brick; 2. That the brick used in the construction of each condominium unit shall be full face four-inch (4”) brick; 3. 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 the Petitioner shall comply with the Zoning Ordinance requirements; 4. That this resolution shall in no way prevent or discourage the Petitioner from seeking approvals, either by way of variances from the Zoning Board of Appeals or a waiver for a Planned Residential Development pursuant to Section 20.02A of the Zoning Ordinance, for the purpose of reducing the front yard setbacks of the homes in order to preserve additional open space and construct homes of a size and with amenities commensurate with market demand; 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 pro rata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia; 6. That the Site Plan marked Sheet 1, dated December 19, 2016, prepared by Arpee/Donnan, Inc., is hereby approved and shall be adhered to; 7. That only a conforming entrance marker placed within an easement established for such purpose is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 40103 Regular Meeting Minutes of February 13, 2017 8. That the Petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan; 9. That the Developer shall submit for approval an ongoing mosquito control program, as approved by the Department of Public Works, describing maintenance operations and larvicide applications to the City of Livonia Inspection Department prior to the construction of the storm water retention facility; 10. 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; 11. That landscaping and a possible berm shall be constructed to screen adjacent homes from light intruding on their properties, subject to the approval of the Planning and Engineering Departments; and 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. John Connolly, 35147 Lancashire, spoke on this agenda item. Following discussion by Council, Brosnan offered the following friendly amendment to the resolution, supported by Bahr #53-17 RESOLVED, that having considered a communication from the City Planning Commission, dated January 11, 2017, which transmits its resolution #01-06-017, adopted on January 10, 2017, with regard to Petition 2016-11-08-14, submitted by Leo Soave requesting approval of the Master Deed, bylaws and site plan, in connection with a proposal to construct a site condominium development (Mystic Creek Condominiums) located on the east side of Wayne Road between Six Mile Road and Curtis Road (18000, 18040 and 18080 Wayne Road), in the Southwest ¼ of Section 9, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2016-11-08-14 is hereby approved and granted, subject to the following conditions: 1. That the Master Deed and bylaws complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16.04- 16.40 of the Livonia Code of Ordinance, and Article XX, Section 20.01-20.06 of Zoning Ordinance #543, and that all building and use restrictions shall incorporate the following requirements: 40104 Regular Meeting Minutes of February 13, 2017 • That the first floor of each condominium unit shall be brick or stone on all four (4) sides; • That 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 all exterior chimneys shall be brick; 2. That the brick used in the construction of each condominium unit shall be full face four-inch (4”) brick; 3. 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 the Petitioner shall comply with the Zoning Ordinance requirements; 4. That this resolution shall in no way prevent or discourage the Petitioner from seeking approvals, either by way of variances from the Zoning Board of Appeals or a waiver for a Planned Residential Development pursuant to Section 20.02A of the Zoning Ordinance, for the purpose of reducing the front yard setbacks of the homes in order to preserve additional open space and construct homes of a size and with amenities commensurate with market demand; 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 pro rata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia; 6. That the Site Plan marked Sheet 1, dated December 19, 2016, prepared by Arpee/Donnan, Inc., is hereby approved and shall be adhered to; 7. That only a conforming entrance marker placed within an easement established for such purpose is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 40105 Regular Meeting Minutes of February 13, 2017 8. That the Petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan; 9. That the Developer shall submit for approval an ongoing mosquito control program, as approved by the Department of Public Works, describing maintenance operations and larvicide applications to the City of Livonia Inspection Department prior to the construction of the storm water retention facility; 10. 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; 11. That landscaping and a possible berm shall be constructed to screen adjacent homes from light intruding on their properties, subject to the approval of the Planning and Engineering Departments; and 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. 13. That details regarding street lighting, entrance marker, and landscaping be submitted to the Planning Commission and City Council. with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and McIntyre NAYS: None The President declared the resolution adopted. On a motion by Brosnan, supported by Meakin, and unanimously adopted, it was: #54-17 RESOLVED, that having considered a communication from the Chief of Police, dated January 16, 2017, 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 Mr. and Mrs. Clinton J. Dinnan 40106 Regular Meeting Minutes of February 13, 2017 to be used to support the canine program, as designated by the donors, the same to be appropriated and credited to Account No. 702-285-213 (Police Crime Prevention). Chief Caid was present to thank the donors and went on to explain how the funds will be utilized. He introduced Officer Matt McWilliams and Riley, the newest member of their canine force. Officer McWilliams detailed Riley’s training as part of the Explosive Detection Team and how other communities utilized his services recently. On a motion by Brosnan, supported by Jolly, and unanimously adopted, it was: #55-17 RESOLVED, that having considered a communication from the Director of Community Resources, dated January 9, 2017, 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 the various cash donations listed therein, totaling: $45,192.75, from the sources indicated therein for use by various community resources programs as indicated in the aforesaid communication; FURTHER, the Council does hereby appropriate and credit the amounts to the following accounts for the purposes designated by the donors: $1,061.00 to Account #702-285-219 Emergency Services $1,727.00 to Account #702-285-214 Youth Commission Trust $ 500.00 to Account #724-000-690-010 Arts Commission Special Events $32,644.75 to Account #723-000-690-010 Historical Commission Cont- Donations $5,000.00 to Account #702-285-135 Greenmead Restoration $4,260.00 to Account #702-285-216 Senior Citizen Programs Linda McCann, Director of Community Resources, was present to thank the generous donors. During Audience Communication Chief Whitehead was called upon to inform the public about a recent garage fire at a residence in Quakertown. On a motion by Kritzman, supported by Bahr, and unanimously adopted, this 1,818th Regular Meeting of the Council of the City of Livonia was adjourned at 8:00 p.m. on February 13, 2017. ___________________ Susan M. Nash, City Clerk