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HomeMy WebLinkAboutCOUNCIL MINUTES 2014-06-1639079 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FIFTY-FIFTH REGULAR MEETING OF JUNE 16,201 On June 16, 2014, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by Vice -President Meakin at 7:00 p.m. Councilmember Toy led the meeting in the Pledge of Allegiance. Roll was called with the following result: Laura Toy, Lynda Scheel, Susan Nash, Brandon Kritzman, and Brian Meakin. Absent: John Pastor and Maureen Miller Brosnan. Elected and appointed officials present: Mark Taormina, City Planner; Todd Zilincik, City Engineer; Judy Priebe, Director of Legislative Affairs, Terry Marecki, City Clerk; and Don Knapp, City Attorney and Mayor Jack Kirksey. On a motion by Toy, seconded by Scheel, and unanimously adopted, it was: #169-14 RESOLVED, that the Minutes of the 1,754th Regular Meeting of the Council held June 2, 2014, are hereby approved as submitted. Vice -President Meakin announced there is new data on Items #7 through #11 and #14; also, there is an X -Item that will be discussed following tonight's Agenda. Vice -President Meakin announced two public hearings to be heard on Wednesday, July 9, 2014, at 7:00 p.m. in the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, Michigan for the following items: Petition 2014-05-01-03 submitted by the City Planning Commission, on behalf of the City Council and McLaren Performance Tech nologies/Linamar, requesting to rezone property located on the east side of Hubbard Road, between Eight Mile Road and Norfolk Avenue (20446 Hubbard), in the Northeast % of Section 3 from R-3 (One Family Residential) to P (Parking). (CR 140-14); And Petition 2014-05-01-04 submitted by the City Planning Commission, on behalf of the City Council and McLaren Performance Tech nologies/Linamar, requesting to rezone property located on the west side of Parker Avenue, between Eight Mile Road and Norfolk Avenue (20421 Parker Avenue), in the Northeast '/ of Section 3 from R-3 (One Family Residential) to P (Parking). (CR 140-14) Regular Meeting Minutes of June 16, 2014 Kritzman recognized the members of the Greenleaf Commission on Sustainability for all of their hard work; Jim Baringhouse, Larry Davis, John Grzebik and Frank Kalinski as well as Michael Shesterkin and Patrick Drost. Joan Gebhardt, 35248 Leon Street, representing SEMCOG this evening, commended Dave Varga on a job well done in completing the application for this award and also commended the Livonia Greenleaf Commission on Sustainability. Kathleen Lomako, SEMCOG Executive Director, encouraged all Councilmembers to attend their upcoming Annual Meeting at 4:30 p.m. on June 26, 2014 at the Royalty House in Warren, Michigan. Susan Stefanski, chair of SEMCOG Membership & External Affairs, presented an award to the City as a Sustainable Community Leader through the SEMCOG program. Mayor Kirksey graciously accepted the award and thanked the Commission for their efforts and recognized the Chamber of Commerce for their participation. There was no Audience Communication at the beginning of the meeting. A communication from the Department of Finance, dated May 2, 2014, re: forwarding various financial statements of the City of Livonia for the month ending February 28, 2014, was received and placed on file for the information of the Council. A communication from the Department of Finance, dated May 27, 2014, re: forwarding the Quarterly Investment Report for the City of Livonia as of February 28, 2014, was received and placed on file for the information of the Council. On a motion by Scheel, seconded by Kritzman, it was: #170-14 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks & Recreation, dated May 19, 2014, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Marshall E. Campbell Company, 34073 Schoolcraft Road, Livonia, Michigan, for the purchase of LED light fixtures for the Livonia Community Recreation Center for the total purchase price of $149,098.16, the same having been in fact the lowest bid received which meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $149,098.16 from funds budgeted in Account No. 208-755- 39081 Regular Meeting Minutes of June 16, 2014 974-000 for this purpose; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. #171-14 RESOLVED, that having considered a communication from the City Planning Commission, dated May 14, 2014, which transmits its Resolution 05-21-2014, adopted on May 13, 2014, with regard to Petition 2014-03-02-06, submitted by JCD South 96, L.L.C., requesting waiver use to operate a full service restaurant (Jimmy John's) within the Livonia Commons Shopping Center, located on the west side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road (13453 Middlebelt Road) in the Northeast 1/4 of Section 26, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2014-03-02-06 is hereby approved and granted, subject to the following conditions: That the maximum customer seating count for this restaurant shall not exceed sixty (60) seats; 2. That this restaurant shall provide disposal of grease waste in accordance with Section 13.20.380 of the City Code of Ordinances; 3. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; and 4. That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows. #172-14 RESOLVED, that having considered a communication from the City Planning Commission, dated May 16, 2014, which transmits its Resolution 05-22-2014, adopted on May 13, 2014, with regard to Petition 2014-04-08-05, submitted by Trinity Continuing Care Services, Inc., requesting site plan approval to demolish an existing nursing home facility (Marycrest Manor), and the construction of a new two-story nursing and assisted living facility, located on the west side of Middlebelt Road between Five Mile Road and Wentworth Avenue (15495 Middlebelt Road) in the Southeast 1/4 of Section 14, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2014- 04-08-05 is hereby approved and granted, subject to the following conditions: That the Plan marked Sheet C3 prepared by Nowak & Fraus Engineers dated April 11, 2014, is hereby approved and shall be adhered to; 39082 Regular Meeting Minutes of June 16, 2014 2. That the Landscape Plan marked Sheet L1-10 prepared by Arkos Design dated April 11, 2014, as revised, is hereby approved and shall be adhered to; 3. All disturbed lawn areas shall be replaced with sod in lieu of using hydro -seed; 4. That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 5. That the Exterior Elevations Plan marked Sheets A2-01 prepared by Arkos Design dated April 11, 2014, as revised, is hereby approved and shall be adhered to; 6. That all light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways; 7. That this approval is subject to the petitioner seeking a change of zoning from R-91, Housing for the Elderly, to OS, Office Services, involving an area of the site needed to support the proposed number of beds, and in the event rezoning proceedings cannot be completed prior to the deadline for submitting for publication the notice of the October 7, 2014 Zoning Board of Appeals meeting, the Petitioner shall be allowed to seek a density variance from the Zoning Board of Appeals, subject to any conditions related thereto; 8. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 9. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 10. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. #173-14 RESOLVED, that having considered a communication from the City Planning Commission, dated May 19, 2014, which transmits its 39083 Regular Meeting Minutes of June 16, 2014 Resolution 05-24-2014, adopted on May 13, 2014, with regard to Petition 2014-04-08-07, submitted by Stucky Vitale Architects, requesting site plan approval to relocate and construct a new covered drive-thru facility of the credit union (Community Choice) located on the east side of Farmington Road between Five Mile Road and Roycroft Avenue (15420 Farmington Road) in the Southwest 1/4 of Section 15, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2014-04-08-07 is hereby approved and granted, subject to the following conditions: That the Architectural Site Plan marked Sheet Number SP1.1 dated April 17, 2014, as revised, prepared by Stucky Vitale Architects, is hereby approved and shall be adhered to; 2. That the Landscape Plan marked Sheet Number LP1.1 dated April 17, 2014, prepared by Deak Planning & Design, is hereby approved and shall be adhered to; 3. That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 5. That the Exterior Elevations Plan marked Sheet Number A3.1 dated April 17, 2014, prepared by Stucky Vitale Architects, is hereby approved and shall be adhered to; 6. That all light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 7. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 8. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 9. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. 39084 Regular Meeting Minutes of June 16, 2014 #174-14 RESOLVED, that having considered a communication from the Department of Law, dated May 19, 2014, approved for submission by the Mayor, in connection with a proposed amendment to Section 11.03(p) of Article XI of the Zoning Ordinance in order to require a petitioner who wished to construct a building for retail sales of 30,000 square feet or more to include a statement that the future building will be attractive to commercial tenants other than the initial occupant, listing features of the building which assure its continuing marketability to ensure that big box stores can be quickly re -occupied rather than remain vacant, the Council does hereby refer this matter to the city Planning Commission for the holding of a public hearing in accordance with provisions of law and city ordinance. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Toy, Scheel, Nash, Kritzman, and Meakin. W FTIM OIL01� Vice -President Meakin declared the resolutions adopted. Toy gave first reading to the following Ordinance: AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 2014-02-03-01) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. A correspondence from the Public Service Division, dated June 9, 2014, re: additional information for the DWSD Model Contract Reopener, was received and placed on file for the information of the Council, in re: Section 040 of Title 13, Chapter 08 (Water Service Rates and Revenues). Kritzman gave first reading to the following Ordinance: 39085 Regular Meeting Minutes of June 16, 2014 AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein. Kritzman invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon on the following result: AYES: Scheel, Nash, Kritzman, and Meakin. NAYS: Toy. Vice -President Meakin declared the foregoing Ordinance duly adopted and would become effective on publication. A correspondence from the Public Service Division, dated June 9, 2014, re: additional information for the DWSD Model Contract Reopener, was received and placed on file for the information of the Council in re: Section 050 of Title 13, Chapter 08, (Water Service Rates and Revenues). Kritzman gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein. Kritzman invoked the Emergency Clause and gave a second reading to the foregoing Ordinance. Larry Massa, 35558 Ann Arbor Trail, Livonia, MI 48150, Treasurer of Arbor Regular Meeting Minutes of June 16, 2014 Woods Condos, addressed Council on the user fees increase and Coline Coleman responded to his queries. A roll call vote was taken thereon on the following result: AYES: Scheel, Nash, Kritzman, and Meakin. NAYS: Toy. Vice -President Meakin declared the foregoing Ordinance duly adopted and would become effective on publication. A correspondence from the Public Service Division, dated June 9, 2014, re: additional information for the DWSD Model Contract Reopener, was received and placed on file for the information of the Council, in re: Section 120 of Title 13, Chapter 20 (Livonia Sewage Disposal System). Kritzman gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein. Kritzman invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon on the following result: AYES: Scheel, Nash, Kritzman, and Meakin. NAYS: Toy. Vice -President Meakin declared the foregoing Ordinance duly adopted and would become effective on publication. 39087 Regular Meeting Minutes of June 16, 2014 A correspondence from the Public Service Division, dated June 9, 2014, re: additional information for the DWSD Model Contract Reopener, was received and placed on file for the information of the Council regarding Section 130 of Title 13, Chapter 20 (Livonia Sewage Disposal System). Kritzman gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 130 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein. Kritzman invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon on the following result: AYES: Scheel, Nash, Kritzman, and Meakin. NAYS: Toy. Vice -President Meakin declared the foregoing Ordinance duly adopted and would become effective on publication. A correspondence from the Public Service Division, dated June 9, 2014, re: additional information for the DWSD Model Contract Reopener, was received and placed on file for the information of the Council regarding Section 050 of Title 13, Chapter 28 (Industrial Waste Surcharge). Scheel gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. Regular Meeting Minutes of June 16, 2014 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein. Scheel invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon on the following result: AYES: Scheel, Nash, Kritzman, and Meakin. NAYS: Toy. Vice -President Meakin declared the foregoing Ordinance duly adopted and would become effective on publication. was: On a motion by Toy, seconded by Kritzman, and unanimously adopted, it #175-14 RESOLVED, that having considered a communication from the City Treasurer dated May 23, 2014, regarding the replacement of sidewalks in the City of Livonia on the following parcels in the following amounts: Parcels of property and assessment, as outlined in the Treasurer's letter, dated May 23, 2014, is included herein by reference; which work was done pursuant to Council Resolution 127-13 and in accordance with the provisions of Section 12.04.340 of the Livonia Code of Ordinances, Title 12, Chapter 4, and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby, pursuant to the provisions of Section 3.08.150 of the Livonia Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special assessment is placed upon such property for said charges; FURTHER, the Council does hereby authorize installment payments in the number of three (3) installments at 6% interest where assessments exceed $400 and the property owner has requested such installments; FURTHER, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City, and where payments herein Regular Meeting Minutes of June 16, 2014 authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable therewith on the next general tax roll; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. Kritzman stepped down from the podium at 7:30 p.m. to avoid any perceived conflict of interest. On a motion by Scheel, seconded by Toy, and unanimously adopted, it was: #176-14 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 23, 2014, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a proposed Agreement between the City of Livonia and Orchard, Hiltz & McCliment, Inc., the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract between the City of Livonia and Orchard, Hiltz and McCliment, 34000 Plymouth Road, Livonia, Michigan 48150, to provide on-call inspection services for city utilities during the 1-96 construction project in an amount not to exceed $32,500.00; further, the Council does hereby authorize an expenditure in an amount not to exceed $32,500.00 from funds budgeted in Account No. 592-158-000 (Construction -in -Progress) for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work, as it becomes necessary. A roll call vote was taken thereon on the following result: AYES: Toy, Scheel, Nash, Meakin NAYS: None ABSTAIN: Kritzman Kritzman returned to the podium at 7:32 p.m. New site plans from Consumers Energy, Drawing Numbers LIVNSC-1, Sheet A4; LIVNSC-1, Sheet A2, dated June 10, 2014 as revised and received in the Office of the City Clerk on June 11, 2014; and Landscape Plans L-1.1, Sheet 13; L-1.2, Sheet 14; L-1.3, Sheet 15; and L-1.4, Sheet 16, dated April 17, 2014 were received and placed on file for the information of the Council. On a motion by Kritzman, seconded by Scheel, and unanimously adopted, it was: R•1.1 Regular Meeting Minutes of June 16, 2014 #177-14 RESOLVED, that having considered a communication from the City Planning Commission, dated May 19, 2014, which transmits its Resolution 05-23-2014, adopted on May 13, 2014, with regard to Petition 2014-04-08-06, submitted by Consumers Energy, requesting site plan approval to demolish existing buildings and structures and construct a new customer service center located on the west side of Farmington Road between Plymouth Road and the CSX railroad right-of-way (11801 Farmington Road) in the Southeast 1/4 of Section 28, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2014-04-08-06 is hereby approved and granted, subject to the following conditions: That the Overall Site Plan marked Drawing Number P-2.0 dated April 17, 2014 prepared by Professional Engineering Associates, is hereby approved and shall be adhered to; 2. That the Landscape Plans marked Drawing L-1.1, Sheet 13; L-1.2, Sheet 14; L-1.3, Sheet 15; and L-1.4, Sheet 16; all dated June 10, 2014, prepared by Professional Engineering Associates, are hereby approved and shall be adhered to. 3. The Petitioner shall look into the possibility of adding a fountain to the front detention pond; 4. That all disturbed lawn areas within the right-of-way and extending west to the curb of the closest drive aisle that runs parallel to Farmington Road shall be sodded in lieu of hydroseeding, and shall be irrigated with an underground sprinkler system, including all landscaping around the building; 5. That the Color Renderings/Exterior Building Elevation Plans Drawing Number LIVNSC-1, Sheet A4, and LIVNSC-1, Sheet A2, both dated June 10, 2014, submitted by Consumers Energy, are hereby approved and shall be adhered to; 6. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 7. That the height of the light poles on the commercially -zoned area of the site adjacent to Farmington Road shall be limited to a height of twenty feet (20') and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent Regular Meeting Minutes of June 16, 2014 was: 39091 roadway. Light poles in the industrial area shall not exceed thirty feet (30') in height; 8. That this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Natural Resources and Environment (DNRE); 9. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 10. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 11. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. On a motion by Toy, seconded by Kritzman, and unanimously adopted, it #178-14 RESOLVED, that having considered a communication from the City Planning Commission, dated May 28, 2014, which transmits its Resolution 05-28-2014, adopted on May 27, 2014, with regard to Petition 2014-04-08-08, submitted by St. Mary Mercy Hospital, requesting site plan approval to reconfigure the hospital's parking lot and drive aisles on property located on the southwest corner of Five Mile Road and Levan Road (36475 Five Mile Road) in the Northwest'/4 of Section 20, the Council does hereby concur in the recommendation made by the city Planning Commission and Petition 2014-04-08-08 is hereby approved and granted, subject to the following conditions: 1. That the Site Layout Plan — North marked C -205-A dated April 25, 2014, as revised, prepared by Nederveld, is hereby approved and shall be adhered to, 39092 Regular Meeting Minutes of June 16, 2014 2. That the Site Layout Plan — South marked C -205-B dated April 25, 2014, as revised, prepared by Nederveld, is hereby approved and shall be adhered to, 3. That the Landscape Plan marked Sheet L-1 dated April 24, 2014, as revised, prepared by The Johnson Hill Land Ethics Studio, is hereby approved and shall be adhered to; 4. That the Petitioner shall submit a detailed traffic study to the City of Livonia Engineering Division prepared by a reputable traffic engineering firm licensed in the State of Michigan and performed by a Professional Engineer for a determination as to whether or not a traffic signal is warranted at the intersection of Levan Road and the Campus Ring Road, and/or whether St. Mary Mercy Hospital shall provide any other traffic safety, road improvements or design modifications in order to mitigate any foreseeable adverse traffic impacts on Levan Road as a result of the proposed project, and that prior to the issuance of any permits, the Petitioner shall post a cash bond in an amount to be determined by the City of Livonia Engineering Division as financial guarantee that any determined traffic safety improvements are completed in association with this project, 5. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 6. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 7. That this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 8. That all light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways; 9. That along Levan Road, from the north entrance drive of the south Marian Office Building parking lot to the southern edge of the Regular Meeting Minutes of June 16, 2014 was: 39093 hospital's property, sidewalks shall be installed to the satisfaction of the Engineering Department; 10. That the crosswalks shall conform to the Michigan Manual of Uniform Traffic Control Devices and pavement markings and signage shall be to the Police Department's satisfaction; 11. That the new southern approach off Levan Road shall be relocated to align with Meadowbrook Drive on the east side of Levan Road, eliminating existing left -turn conflicts; 12. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient size parking spaces and any conditions related thereto; 13. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 14. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 15. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. On a motion by Nash, seconded by Kritzman, and unanimously adopted, it #179-14 RESOLVED, that having considered a communication from the Department of Law, dated May 29, 2014, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Fifth Third Bank for a 10' wide storm sewer easement in connection with the development of a new storm sewer constructed at 33246 Plymouth Road in the Southwest % of Section 27, more particularly described as: (10 -foot Wide Storm Sewer Easement) A ten foot (10.00') wide easement for storm sewer, described as being located in part of the southwest '/ of Section 27, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan; the centerline of which is Regular Meeting Minutes of June 16, 2014 was: 39094 more particularly described as: commencing at the southwest corner of said Section 27; thence S.89°13'14"E., 361.10 feet, thence N.00046'46"E., 60.00 feet to a point on the north right-of-way line of Plymouth Road (120 feet wide), thence along said north right-of-way line S.89013'14"E., 318.07 feet; thence N.00046'46"E., 56.15 feet to the point of beginning; thence N.35°54'03"E., 8.69 feet; thence N. 00°46'46"E., 191.74 feet to the point of ending. The Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid grant of easement and the City Clerk is hereby requested to have the same recorded in the office of the register of deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Nash, seconded by Scheel, and unanimously adopted, it #180-14 RESOLVED, that having considered a communication from the Department of Law, dated May 29, 2014, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Fifth Third Bank for a 20' wide public utility easement in connection with the development of a new storm sewer constructed at 33246 Plymouth Road in the Southwest Y4 of Section 27, more particularly described as: (20 -foot Wide Storm Sewer Easement) A twenty foot (20.00') wide easement for storm sewer, described as being located in part of the southwest Y4 of Section 27, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan; the centerline of which is more particularly described as: commencing at the southwest corner of said Section 27, thence S.89'1 3'14"E., 361.10 feet, thence N.00046'46"E., 60.00 feet to a point on the north right-of-way line of Plymouth Road (120 feet wide), thence along said north right-of-way line S.89°13'14"E., 318.07 feet; thence N.00046'46"E., 69.73 feet to the point of beginning; thence N.87023'27"E., 123.97 feet; thence N. 89°54'42"E., 200.22 feet to the point of ending. The Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid grant of easement and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Toy, seconded by Scheel, and unanimously adopted, it was: #181-14 RESOLVED, that having considered a communication from the Department of Law, dated May 29, 2014, approved for submission by the Regular Meeting Minutes of June 16, 2014 was: 39095 Mayor, transmitting for Council acceptance of a Grant of Easement executed by Fifth Third Bank for a 20' wide public utility easement in connection with the development of a new water main constructed at 33246 Plymouth Road in the Southwest Y4 of Section 27, more particularly described as: (20 -foot Wide Water Main Easement) A twenty foot (20.00') wide easement for water main, described as being located in part of the southwest % of Section 27, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan; the centerline of which is more particularly described as: commencing at the southwest corner of said Section 27; thence S.89'1 3'14"E., 361.10 feet, thence N.00°46'46"E., 60.00 feet to a point on the north right-of-way line of Plymouth Road (120 feet wide), thence along said north right-of-way line S.89°13'14"E., 318.07 feet, thence N.00°46'46"E., 88.68 feet to the point of beginning; thence S.89013'14"E., 306.67 feet; thence S.44°13'14"E., 24.44 feet to the point of ending. The Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the register of deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Toy, seconded by Kritzman, and unanimously adopted, it #182-14 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda. On a motion by Toy, seconded by Scheel, and unanimously adopted, it was: #183-14 RESOLVED, that having considered a request from Renee Fournier, dated June 12, 2014, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, to allow playing music from 2:00 p.m. to 11:00 p.m. at 11634 Deering, in connection with a graduation party scheduled for Saturday, June 28, 2014. The Council does hereby grant permission as requested, included therein permission to conduct the said affair on Saturday, June 28, 2014. There was no Audience Communication at the end of the meeting. 39096 Regular Meeting Minutes of June 16, 2014 On a motion by Toy, seconded by Scheel, and unanimously adopted, this 1,755th Regular Meeting of the Council of the City of Livonia was adjourned at 7:45 p.m. Jes� e�F - Ter A. Marecki, City Clerk