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HomeMy WebLinkAboutCOUNCIL MINUTES 2013-12-02 38882 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FORTY-SECOND REGULAR MEETING OF DECEMBER 2, 2013 On December 2, 2013, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 7 00 p m McCann announced three members from Boy Scout Troop #271 were present in the Audience and asked them to lead the meeting with the Pledge of Allegiance Roll was called with the following result: James McCann, Joe Laura, John Pastor, Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, and Laura Toy Absent: None Elected and appointed officials present: Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Terry Marecki, City Clerk, Don Knapp, City Attorney; and Mayor Jack Kirksey On a motion by Pastor, seconded by Robinson, it was #386-13 RESOLVED, that the Minutes of the 1,741st Regular Meeting of the Council held November 18, 2013, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Laura, Pastor, Robinson, Brosnan, and Kritzman NAYS None PRESENT Toy President Toy declared the resolution adopted Vice President Pastor extended Happy Birthday wishes to the following individuals his colleague, Ashley McMasters, his friend, Janet Cappola, his niece, Amy (onthe 6th), his niece, Layla (on the 8th),, Council-elect member Brian Meakin (on the s 11 ), and his lovely wife, Linda (on the 7 ) Vice President Pastor also extended Happy Regular Meeting Minutes of December 2, 2013 38883 Anniversary wishes to his son Ryan and his wife, who he indicated celebrated their one year anniversary on Sunday McCann extended Happy Birthday wishes to his family members as follows, his son, Tyler; his grandson, Kaiden, his wife, Linda, and his nephew, Chris. McCann also wished his loving wife a Happy Anniversary and stated they will celebrate their 27th wedding anniversary on December 13th President Toy announced on Thursday, December 5, 2013, WRCJ will air an interview with Livonia Symphony Orchestra President, Rose Kachnowski, at 1 00 p m. President Toy indicated the radio station is a classic and jazz station and indicated the Livonia Symphony Orchestra does many great things throughout the community and is well-supported by many residents, Councilmembers and Mayor Kirksey President Toy wished the group "many congratulations" for their achievements and endeavors President Toy requested a moment of silence to honor the recent passing of Ricky Bergquist, loving son of Cindy and Rick Bergquist, longtime Livonia residents. President Toy stated the Bergquist family were dear family friends of herself and her sister and encouraged those dealing with similar circumstances to offer love to their family members and friends President Toy recognized in the Audience Council-elect members Brian Meakin, Susan Nash and Lynda Scheel President Toy indicated these individuals have been doing their best to keep apprised of Council Agenda items and stated she appreciated them attending the meetings to stay informed and looked forward to working with them in January Mayor Kirksey addressed Council to make a couple announcements and started with the City's Annual Tree Lighting ceremony scheduled to take place on Tuesday, December 3rd, at 7 00 p m , and encouraged those who wish to participate to gather in the Atrium at City Hall. Mayor Kirksey also announced this year's season of leaf pick-up is running a week behind due to the unprecedented late drop of leaves Mayor Kirksey stated all subdivisions were scheduled for two separate leaf pick-ups and encouraged those who have already had their second scheduled pick-up to remove all leaves from the streets, as the City will not be able to make a third pass through subdivisions There was no Audience Communication at the beginning of the meeting A communication from the Office of the Treasurer, dated November 25, 2013, re additional information requested by Council at the Study meeting of November 18, 2013, relative to the BS&A Software used at the Treasurer's Office, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Kritzman, it was Regular Meeting Minutes of December 2, 2013 38884 #387-13 RESOLVED, that having considered the report and recommendation of the City Treasurer, dated November 4, 2013, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the proposal of BS&A Software, 14965 Abbey Lane, Bath, Michigan 48808, for yearly service and support from November 1, 2013, through October 31, 2016, for the Equalizer Internet Tax/Assessing System in an amount not to exceed $23,000 00 per year from funds contained in Account Number 101-253-851-020, FURTHER, the Council does hereby authorize this purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D 3 of the Livonia Code of Ordinances, as amended #388-13 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated October 23, 2013, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of eight (8) marked and three (3) unmarked police vehicles utilizing the State of Michigan and counties of Oakland and Macomb consortium bid pricing, as follows Three (3) 2014 Ford Police Interceptor Utilities at $28,803 00 each from Signature Ford, 1960 E Main Street, Owosso, Michigan 48867, through the Macomb County bid consortium, One (1) 2014 Ford Police Interceptor Utility from Signature Ford, 1960 E. Main, Owosso, Michigan 48867, in the amount of $28,683 00, through the Macomb County bid consortium, One (1) 2014 Ford Police Interceptor Sedan from Signature Ford, 1960 E Main, Owosso, Michigan 48867, in the amount of $26,876 00, through the Macomb County bid consortium, Two (2) 2014 Ford Taurus SEL models from Signature Ford, 1960 E Main, Owosso, Michigan 48867, in the amount of $23,268 00 each, through the State of Michigan bid, Two (2) 2014 Chevrolet Tahoe Police Pursuit Vehicles from Berger Chevrolet, 2525 28th Street SE, Grand Rapids, Michigan 49512, in the amount of$27,806 73 each through the Oakland County bid consortium, One (1) 2014 Dodge Charger Police Package from Bill Snethkamp, 6131 S Pennsylvania Avenue, Lansing, Michigan 48911, in the amount of $25,572 00 through the State of Michigan bid consortium, One (1) 2014 Chevrolet Impala LT from Berger Chevrolet, 2525 28th Street SE, Grand Rapids, Michigan 49512, in the amount of $24,942 00 through the State of Michigan bid consortium, Regular Meeting Minutes of December 2, 2013 38885 FURTHER, the total amount not to exceed $294,631 46 for the purchase of these eleven (11) vehicles is to be expended from funds already budgeted for this purpose in Account No 101-325-985-000, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan and/or low Oakland County or Macomb County consortium bids and/or such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the disposal of vehicles that are being replaced in the fleet by either re- assigning to another City Department or sale at auction #389-13 RESOLVED, that having considered a communication from the City Planning Commission, dated November 4, 2013, which transmits its resolution 10-72-2013, adopted on October 29, 2013, with regard to Petition 2013-09-02-28, submitted by HES Builders, L.L.C, requesting waiver use approval to construct a chapel addition with fixed seating on property located on the south side of Jamison Avenue between Middlebelt Road and Harrison Avenue in the Northwest 1/4 of Section 24, which property is zoned RUF, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2013-09-02-28 is hereby approved and granted, subject to the following conditions 1 That the Site Plans marked Drawing No SP1, SP3 and SP4 prepared by HES Engineering, Inc., all dated September 27, 2013, are 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 setback and any conditions related thereto, 3 That the Building Elevation Plan marked Drawing No A2 prepared by HES Engineering, Inc , dated September 27, 2013, is hereby approved and shall be adhered to, 4 That the petitioner shall be allowed to landbank parking spaces pursuant to Section 18 37(j) of the Zoning Ordinance, and also reconfigure the driveway providing access to the Parish Activity Center, subject to review and approval by the City Planning, Inspection and Engineering Departments, 5 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, and Regular Meeting Minutes of December 2, 2013 38886 6 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits A roll call vote was taken on the foregoing resolutions with the following result: AYES McCann, Laura, Pastor, Robinson, Brosnan, Kritzman, and Toy NAYS None McCann gave first reading to the following Ordinance AN ORDINANCE ADDING SECTION 060 OF TITLE 9, CHAPTER 04 (OBSTRUCTING OFFICERS AND CITY BUSINESS) 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 Kritzman gave first reading to the following Ordinance AN ORDINANCE ADDING SECTION 010 OF TITLE 9, CHAPTER 40 (DISORDERLY PERSONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming Regular meeting McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 7 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 2013-07-01-04) A roll call vote was taken on the foregoing Ordinance with the following result: Regular Meeting Minutes of December 2, 2013 38887 AYES McCann, Laura, Pastor, Robinson, Brosnan, Kritzman, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 19 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 2013-06-01-03) A roll call vote was taken on the foregoing Ordinance with the following result: AYES McCann, Laura, Pastor, Robinson, Brosnan, Kritzman, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. A communication from CESO, Inc , dated November 22, 2013, re updated Site Plan and Landscape Plan dated November 20, 2013, for Tim Donut U S Limited, Inc (Tim Horton's) for the proposed location at 37685 Five Mile Road, was received and placed on file for the information of the Council (Petition 2013-09-02-23) On a motion by Robinson, seconded by Brosnan, and unanimously adopted, it was #390-13 RESOLVED, that having considered a communication from the City Planning Commission, dated October 30, 2013, which transmits its resolution 10-66-2013, adopted on October 29, 2013, with regard to Petition 2013-09-02-23, submitted by Tim Donut U S Limited, Inc , requesting waiver use approval to construct and operate a limited service restaurant with drive-up window facilities (Tim Horton's) on property Regular Meeting Minutes of December 2, 2013 38888 located on the south side of Five Mile Road between Newburgh Road and Blue Skies Avenue (New Five Village Shopping Center) in the Northeast 1/4 of Section 19, which property is currently zoned C-1 and is proposed to be rezoned to C-2, the Council does hereby concur in the imp recommendation made by the City Planning Commission and Petition 2013-09-02-23 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet TH 4 0 prepared by CESO, Inc., dated November 20, 2013, is hereby approved and shall be adhered to, except as provided below; 2. A full curb shall be used to define the drive thru traffic lane along the east and south sides of the property, and shall include a bypass opening as depicted on the aforementioned Site Plan that will include the installation of a directional "Do Not Enter" sign located on the adjacent shopping center drive aisle, 3 This approval shall be subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto, if deemed necessary upon final review of the submitted parking analysis, revised striping plan, cross access and parking agreements, and any previous parking 4 variance(s), That the Landscape Plan marked Sheet TH 5 0 prepared by CESO, Inc., dated November 20, 2013, is hereby approved and shall be adhered to, except as provided below; 5 That the maximum customer seating for the restaurant shall not exceed twenty six (26) interior seats and sixteen (16) outdoor patio seats, 6 That the Exterior Elevations Plans submitted by Tim Horton's, as received by the Planning Commission on October 25, 2013, are hereby approved and shall be adhered to, 7 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, 8 That the three walls of the trash dumpster area shall be constructed out of the same brick used on the building, and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained, and when not in use closed at all times and the orientation of the dumpster shall be rotated Regular Meeting Minutes of December 2, 2013 38889 such that the gates face in a southerly direction and can be accessed via the adjoining shopping center driveway; 9 That all pole mounted light fixtures shall not exceed a height of sixteen (16) feet above grade, and shall be full-cutoff fixtures aimed and shielded so as to minimize glare trespassing on adjacent properties and roadway; 10 All signage shall be conforming, however, the Petitioner shall be allowed a second wall sign equal to no more than one-half the total area of the main sign on either the west or east side of the building, but not both, as depicted on the exterior elevation plans, subject to Zoning Board of Appeals approval and only under a circumstance in which a separate ground sign or identification on any of the existing shopping center monument signs is not allowed, 11 That no LED lightband or exposed neon shall be permitted on this site, including, but not limited to, the building or around the windows, 12 That sound levels of the order board speakers shall not be audible to any adjacent residential properties, and 13 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits On a motion by Robinson, seconded by Brosnan, and unanimously adopted, it was #391-13 RESOLVED, that having considered a communication from the City Planning Commission, dated October 30, 2013, which transmits its resolution 10-67-2013, adopted on October 29, 2013, with regard to Petition 2013-09-02-24, submitted by Wright's Hardware requesting waiver use approval to conduct open-air sales of merchandise including the sale of utility trailers at 29150 Five Mile Road (Wright's Hardware), on property located on the north side of Five Mile Road between Middlebelt Road and Harrison Avenue in the Southwest ' of Section 13, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2013-09-02-24 is hereby approved and granted, subject to the following conditions 1 That the Site Plan submitted by Wright's Hardware as received by the Planning Commission on September 25, 2013, is hereby approved and shall be adhered to, except that permission at this Regular Meeting Minutes of December 2, 2013 38890 time is granted only for outdoor storage and display of merchandise for the area identified on the plan as Phase I, 2 That the outdoor storage of merchandise, including any utility trailers, shall be limited to the existing 1,360 square foot fenced-in area along the north side of the building identified as Phase I, and this area shall be maintained in an orderly manner at all times, 3 That this approval does not authorize any type of outdoor storage or display of merchandise, including utility trailers, within the rear or side yard portions of the site, including the area identified on the site plan as Phase II, 4 That prior to initiating Phase II or the use of any portion of the rear or side yard areas for the storage or display of merchandise, the Petitioner shall be required to submit detailed plans showing the type and height of fencing proposed, a description of the type and quantities of merchandise proposed to be stored and/or displayed, lighting details, and any changes to the ground surface, for review and approval by the Planning Commission and City Council, 5 That for any outdoor retail sales and/or display of plant materials, lawn furniture, playground equipment, or other home garden supplies between the period of October 16 through March 31, this approval is subject to the City Council granting a separate waiver pursuant to Section 19 06(1) of the City of Livonia Zoning Ordinance No 543, as amended, 6 That adequate and properly directed lighting facilities, not exceeding 20 feet in height, shall be provided for the illumination of the storage area, and 7 That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy On a motion by McCann, seconded by Kritzman, and unanimously adopted, it was #392-13 RESOLVED, that having considered a communication from the City Planning Commission, dated October 31, 2013, which transmits its resolution 10-68-2013, adopted on October 29, 2013, with regard to Petition 2013-09-02-25, submitted by OSI Restaurant Partners, L L.0 , requesting waiver use approval to construct and operate a full service restaurant (Outback Steakhouse) within an outlot on the site of Meijer, 13000 Middlebelt Road, on property located on the east side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road in the Regular Meeting Minutes of December 2, 2013 38891 Northwest % of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2013-09-02-25 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Drawing No P-2 1 prepared by Professional Engineering Associates, dated November 1, 2013, as revised, is hereby approved and shall be adhered to, except that the driveway on the north side of the site off Millennium Park Drive shall be modified to allow for one-way incoming traffic only; 2 That the Landscape plan marked Drawing No L-1 1 prepared by Professional Engineering Associates, dated November 1, 2013, as revised, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydro- seeding, 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 maximum customer seating count shall not exceed a total of two hundred thirty-four (234) seats, including two hundred two (202) interior seats and thirty-two (32) outdoor patio seats, 6 That 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, 7 That the Building Elevation Plans marked E-1 and E-2 prepared by Outback Steakhouse, as received by the Planning Commission on November 1, 2013, are hereby approved and shall be adhered to, except that red brick shall be provided along the bottom portion of the building's façade and that a "tower" element shall be provided on the east elevation as depicted on the color renderings submitted to the City Council on December 2, 2013, 8 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, 9 That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement that of the building, and the enclosure gates shall be of solid panel steel construction or Regular Meeting Minutes of December 2, 2013 38892 durable, long-lasting solid panel fiberglass and maintained, and when not in use closed at all times, 10 That all pole mounted light fixtures shall not exceed a height of 20 feet above grade and shall be shielded to minimize glare trespassing on adjacent properties and roadway; 11 That approved signage is for the north, south, and west elevations only, as shown, and subject to approval by the Zoning Board of Appeals, 12 That there shall be no direct exposure of LED lighting or neon, such as in the form of a "lightband," but that this condition shall not preclude the use indirect LED lighting for the purpose of accenting the architectural features of the building, and 13 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits Tim Moore, Design Project Manager, 11000 Fourth Street, St. Petersburg, Florida, was present to answer any questions of Council and thanked Council for their time and consideration (Petition 2013-09-02-25) On a motion by McCann, seconded by Kritzman, and unanimously adopted, it was #393-13 RESOLVED, that having considered a communication from the City Planning Commission, dated October 31, 2013, which transmits its resolution 10-69-2013, adopted on October 29, 2013, with regard to Petition 2013-09-02-26, submitted by OSI Restaurant Partners, L.L.0 , requesting waiver use approval to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with a full service restaurant (Outback Steakhouse) within an outlot on the site of Meijer, 13000 Middlebelt Road, located on the east side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2013-09-02-26 is hereby approved and granted, subject to the following conditions 1 That the use of a Class C liquor license at this location shall be permitted only under the circumstances that the standard set forth in Section 11 03(h) of the Zoning Ordinance, which specifies any new Class C-licensed establishment not be located within 1,000 feet of any other such licensed business is waived by the City Council; Regular Meeting Minutes of December 2, 2013 38893 2 That the subject site has the capacity to accommodate the proposed Class C license, 3 That the proposed use of a Class C license is compatible to and in harmony with the surrounding uses in the area, 4 That the proposed Class C licensed establishment would be utilized primarily as a restaurant; and 5 The approval is contingent upon the execution of an agreement by the Petitioner that is satisfactory to the Law Department which provides that the waiver use is granted exclusively to OSI Restaurant Partners, L.L.0 On a motion by McCann, seconded by Kritzman, and unanimously adopted, it was #394-13 RESOLVED, that having considered a communication from the City Planning Commission, dated October 31, 2013, which transmits its resolution 10-69-2013, adopted on October 29, 2013, with regard to Petition 2013-09-02-26, submitted by OSI Restaurant Partners, L.L.0 , requesting waiver use approval to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with a full service restaurant (Outback Steakhouse) within an outlot on the site of Meijer, 13000 Middlebelt Road, located on the east side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2013-09-02-26 is hereby approved waiving the 1,000 foot separation requirement as set forth in Section 11 03(h) of Zoning Ordinance No 543 A communication from Foresta Architects, LLC, received in the Office of the City Clerk on December 2, 2013, re revised Exterior Elevations Plans dated November 27, 2013, for the proposed Dunkin' Donuts restaurant located at the Southeast corner of Plymouth Road and Wayne Road (34899 Plymouth Road), was received and placed on file for the information of the Council (Petition 2013-09-02-27) On a motion by Kritzman, seconded by McCann, and unanimously adopted, it was Regular Meeting Minutes of December 2, 2013 38894 #395-13 RESOLVED, that having considered a communication from the City Planning Commission, dated November 4, 2013, which transmits its resolution 10-70-2013, adopted on October 29, 2013, with regard to Petition 2013-09-02-27, submitted by Dunkin' Donuts requesting waiver use approval to construct and operate a limited service restaurant with drive-up window facilities (Dunkin' Donuts) at 34899 Plymouth Road, located on the Southeast corner of Plymouth Road and Wayne Road in the Northwest 1/4 of Section 33, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2013-09-02-27 is hereby approved and granted, subject to the following conditions. 1 That the Site Plan marked SP-1 prepared by Foresta Architects, Inc , dated November 13, 2013, 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 building setback and any conditions related thereto, 3 That no left turns shall be allowed onto Wayne Road from the site's northerly driveway; 4 That the maximum customer seating count shall not exceed thirty- four (34) seats, including twenty-eight (28) interior seats and eight (8) patio seats, 5 That the Landscape Plan marked LP-1 prepared by J Brian Devlin, R.L.A., dated October 28, 2013, as revised, is hereby approved and shall be adhered to, 6 That all disturbed lawn areas shall be sodded in lieu of hydro- seeding, 7 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, 8 That the Exterior Elevations Plans marked A-2 and A-3 prepared by Foresta Architects, Inc., both dated November 27, 2013, are hereby approved and shall be adhered to, 9 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, Regular Meeting Minutes of December 2, 2013 38895 10 That the three walls of the trash dumpster area shall be constructed out of the same brick or masonry material that will be added to the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained, and when not in use closed at all times, 11 That all pole mounted light fixtures shall not exceed a height of 20 feet above grade and shall be shielded to minimize glare trespassing on adjacent properties and roadway; 12 That only conforming signage is approved with this petition, 13 That no LED lightband 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 of application for building permits An e-mail communication from DeMattia Associates, Inc , dated December 2, 2013, re request to remove from the Regular Agenda for Council the site plan petition for proposal to remodel the exterior of the commercial center located at 33467 and 33501 Eight Mile Road (Philmar Plaza), was received and placed on file for the information of the Council (Petition 2013-09-08-08) At the direction of the Chair, Agenda Item #13 was removed from the Agenda. On a motion by Kritzman, seconded by McCann, it was RESOLVED, that having considered a communication from the City Planning Commission, dated November 13, 2013, which transmits its resolution 11-79-2013, adopted on November 12, 2013, with regard to Petition 201 3-1 0-08-10 submitted by Amanda Wong, requesting approval of all plans required by Section 18 58 of the Zoning Ordinance in connection with a proposal to remodel the exterior of the commercial center (Middlebelt-Norfolk Plaza) at 20307-20337 Middlebelt Road, located on the west side of Middlebelt Road between Eight Mile Road and Norfolk Avenue in the Northeast 1/4 of Section 2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2013-10-08-10 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of December 2, 2013 38896 1 That the Elevation Plan marked A-2 dated October 31, 2013, as revised, prepared by A & M Consultants, is hereby approved and 2. shall be adhered to, 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, 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, 4 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 5 That the parking lot shall be repaired, resealed and restriped as necessary to the satisfaction of the Inspection Department. Parking spaces shall be doubled striped at ten feet (10') wide by twenty feet (20') in length, 6 That all dying, dead, diseased or missing landscaping shall be replaced at the direction of the Planning and Inspection 7 Departments, That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 8 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period Following discussion by Council, Brosnan offered a friendly amendment to the proposed resolution by Kritzman and McCann, as follows RESOLVED, that having considered a communication from the City Planning Commission, dated November 13, 2013, which transmits its resolution 11-79-2013, adopted on November 12, 2013, with regard to Petition 2013-10-08-10 submitted by Amanda Wong, requesting approval of all plans required by Section 18 58 of the Zoning Ordinance in connection with a proposal to remodel the exterior of the commercial center (Middlebelt-Norfolk Plaza) at 20307-20337 Middlebelt Road, located on the west side of Middlebelt Road between Eight Mile Road and Norfolk Avenue in the Northeast 1/4 of Section 2, the Council does hereby concur in the recommendation of the Planning Commission and Petition Regular Meeting Minutes of December 2, 2013 38897 2013-10-08-10 is hereby approved and granted, subject to the following conditions 1 That the Elevation Plan marked A-2 dated October 31, 2013, as revised, prepared by A & M Consultants, is hereby approved and shall be adhered to, 2 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, 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, 4 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 5 That the parking lot shall be repaired, resealed and restriped as necessary to the satisfaction of the Inspection Department. Parking spaces shall be doubled striped at ten feet (10') wide by twenty feet (20') in length, 6 That all dying, dead, diseased or missing landscaping shall be replaced at the direction of the Planning and Inspection Departments, 7 That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 8 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period, and 9 Petitioner must provide updated, color renderings of the Site Plan to the Planning Department prior to the Council Regular meeting of December 16, 2013 A roll call vote was then taken on the amended resolution as offered by Kritzman, seconded by McCann, as follows #396-13 RESOLVED, that having considered a communication from the City Planning Commission, dated November 13, 2013, which transmits its resolution 11-79-2013, adopted on November 12, 2013, with regard to Regular Meeting Minutes of December 2, 2013 38898 Petition 2013-10-08-10 submitted by Amanda Wong, requesting approval of all plans required by Section 18 58 of the Zoning Ordinance in connection with a proposal to remodel the exterior of the commercial center (Middlebelt-Norfolk Plaza) at 20307-20337 Middlebelt Road, located on the west side of Middlebelt Road between Eight Mile Road and Norfolk Avenue in the Northeast % of Section 2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2013-10-08-10 is hereby approved and granted, subject to the following conditions 1 That the Elevation Plan marked A-2 dated October 31, 2013, as revised, prepared by A & M Consultants, is hereby approved and shall be adhered to, 2 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, 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, 4 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 5 That the parking lot shall be repaired, resealed and restriped as necessary to the satisfaction of the Inspection Department. Parking spaces shall be doubled striped at ten feet (10') wide by twenty feet (20') in length, 6 That all dying, dead, diseased or missing landscaping shall be replaced at the direction of the Planning and Inspection Departments, 7 That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 8 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period, and 9 Petitioner must provide updated, color renderings of the Site Plan to the Planning Department prior to the Council Regular meeting of December 16, 2013 Regular Meeting Minutes of December 2, 2013 38899 with the following result: AYES McCann, Laura, Pastor, Robinson, Brosnan, Kritzman, and Toy NAYS None The President declared the resolution adopted A communication from Stucky Vitale Architects, received in the Office of the City Clerk on December 2, 2013, re revised Site Plan, Exterior Elevations and rendering for the proposed retail development at the Menards' outlot site located at 12701 Middlebelt Road, was received and placed on file for the information of the Council (Petition 2013-10-08-11) On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #397-13 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 29, 2013, on Petition 2013-10-08-11 submitted by Curis Companies, Inc requesting approval of all plans required by Section 18 47 of the Zoning Ordinance in connection with a proposal to construct two multi-tenant commercial buildings within outlots on the site of the Menards Home Improvement Store, 12701 Middlebelt Road, located on the west side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road in the Northeast 1/4 of Section 26, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2013-10-08-11 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet No SP1 1 dated December 2, 2013, as revised, prepared by Stucky Vitale Architects, is hereby approved and shall be adhered to, except that wavier use approval is required prior to operation of the drive-up facility on Building #1, 2 That an appropriate recordable legal instrument, such as a Cross Access Agreement, that gives notice and outlines the terms of how the subject property would share parking and access with abutting property(s), be supplied to the Inspection Department at the time a 3 building permit is applied for; That the Landscape Plans marked Sheet No L301 and L302 both dated October 31, 2013, as revised, prepared by Stucky Vitale Regular Meeting Minutes of December 2, 2013 38900 Architects, are hereby approved and shall be adhered to, and provided that the frontage improvements (i e , planter urns, walls 4 and landscape materials) match that of the adjacent developments, That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the Exterior Building Elevation Plans marked Sheet No A3 1 and A3 2 both dated December 2, 2013, as revised, prepared by Stucky Vitale Architects, are hereby approved and shall be adhered to, 7 That the three walls of the trash dumpster area(s) shall be constructed out of building materials that shall complement that of the buildings, and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained, and when not in use closed at all times, 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 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 no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 11 That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits, occupancy permits and zoning compliance permits, and 12 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period Regular Meeting Minutes of December 2, 2013 38901 On a motion by Brosnan, seconded by McCann, and unanimously adopted, it was #398-13 RESOLVED, that the communication from the Department of Law, dated November 6, 2013, approved for submission by the Mayor, submitted pursuant to Council Resolution 332-13, regarding State law licensing processes for massage therapists, the proposed resolution is attached for the information of the Council, WHEREAS, the City of Livonia recognizes that massage therapy is a legitimate form of health care that benefits many of its residents, WHEREAS, because the City of Livonia wished to promote and permit massage therapy within its corporate boundaries while also ensuring that those individuals providing that service (1) have formal education, training and experience, (2) are free from communicable disease, and (3) do not have criminal history, it amended its Code of Ordinances ("Code") to establish reasonable requirements for those who wish to perform these services, WHEREAS, Livonia's Code requires, among other things, that applicants for massage therapy or massage apprentice licenses undergo a criminal background check to help ensure that massage therapists working in Livonia are unlikely to engage in illicit behavior; WHEREAS, Public Act 471 of 2008 amended the Public Health Code ("PHC") to establish regulations for massage therapists throughout the State of Michigan, WHEREAS, Section 17967 (MCL 333 17967) of the PHC preempts local governments from establishing or maintaining licensing requirements for massage therapists including Livonia's requirement for criminal background checks, WHEREAS, Section 17959 (MCL 333 17959) of the PHC requires an applicant for a massage therapy license to be of "good moral character as defined in Section 1 of 1974 PA 381, MCL 338 41" but does not mandate the Michigan Department of Community Health ("Department") to perform a criminal background check on an massage therapy license applicant; WHEREAS, because local governments can no longer conduct background checks of massage therapy license applicants, it is incumbent upon the Department to ensure the legitimacy of those individuals to whom it issues a license, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia does hereby take this means to respectfully suggest to Governor Regular Meeting Minutes of December 2, 2013 38902 Rick Snyder, State Senator Glenn Anderson, State Representative John J Walsh, State Representative David Knezek, and the Michigan Municipal League State and Federal Affairs Division that the Public Health Code be amended to require the following 1 That the Department conduct criminal background checks of each massage therapy license applicant; and 2 That the Department shall not issue a massage therapy license to any applicant who has a prior felony conviction or misdemeanor conviction for prostitution, solicitation of prostitution, or any crime of dishonesty On a motion by McCann, seconded by Brosnan, and unanimously adopted, it was #399-13 RESOLVED, that having considered a communication from the Chief of Police, dated October 30, 2013, approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $1,000 00 from Allstate Insurance, the same to be appropriated and credited to Account No 702- 285-213 (Trust Fund), to be used by the Division of Police to support the 2014 Passport to Safety Event. On a motion by Brosnan, seconded by McCann, it was. #400-13 RESOLVED, that having considered a communication from the Department of Law, dated November 14, 2013, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, 29659 Seven Mile Road v City of Livonia, Michigan Tax Tribunal Docket No 436807 A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Laura, Pastor, Robinson, Brosnan, Kritzman, and Toy NAYS None The President declared the resolution adopted On a motion by McCann, seconded by Laura, and unanimously adopted, it was Regular Meeting Minutes of December 2, 2013 38903 #401-13 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda. On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #402-13 RESOLVED, that having considered a communication from the Director of Public Works, dated November 25, 2013, which bears the signatures of the Superintendent of Public Service — Environment & Utilities and the Director of Finance, and is approved for submission by the Mayor, regarding the urgent need to repair the boom of the Department of Public Works' Grade-All, the Council does hereby accept the proposal of AIS Construction Equipment Corporation, 56555 Pontiac Trail, New Hudson, Michigan 48165, for the emergency repair of the Department's Grade-All, FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $28,470 43 from funds budgeted in Account No 101-446-933-050 for this purpose, FURTHER, the Council does hereby waive the City's competitive bid process for the reasons outlined in the aforesaid communication and in accordance with Section 3 04 140 D 1 of the Livonia Code of Ordinances, as amended There was no Audience Communication at the end of the meeting On a motion by Pastor, seconded by Brosnan, and unanimously adopted, this 1,742nd Regular Meeting of the Council of the City of Livonia was adjourned at 7 47 pm IA Ter Qv arecki, City Clerk