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HomeMy WebLinkAboutCOUNCIL MINUTES 2012-12-19 38512 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND NINETEENTH REGULAR MEETING OF DECEMBER 19, 2012 On December 19, 2012, 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 8 00 p m Laura led the meeting with the Pledge of Allegiance Roll was called with the following result: Joe Laura, John Pastor, Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, James McCann, and Laura Toy Absent: None Elected and appointed officials present: Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Terry Marecki, City Clerk, and Mayor Jack Kirksey On a motion by Pastor, seconded by Kritzman, it was #481-12 RESOLVED, that the Minutes of the 1,718th Regular Meeting of the Council held December 5, 2012, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Brosnan, Kritzman, McCann, and Toy NAYS None ABSTAIN Laura and Robinson * *Laura and Robinson abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances President Toy declared the resolution adopted Laura announced Barbara Scherr, Assistant City Attorney, is retiring after 17 years of service with the City of Livonia On behalf of Council and Mayor Kirksey, Laura presented Ms Scherr with a commendation Barbara Scherr, Assistant City Attorney, thanked everyone including Catherine White, Don Knapp and Sean Kavanagh, now 16th District Court Judge, for Regular Meeting Minutes of December 19, 2012 38513 all their cooperation working together over the years Ms Scherr has spent with the City in the Law Department. Ms Scherr indicated she looked forward to the new opportunity to serve the Livonia community as a Magistrate at the 16th District Court and to becoming a Livonia resident. Brosnan wished her daughter, Marie, a Happy 18th Birthday on Saturday, December 22"d and extended Happy Birthday wishes to President Toy, who she indicated will celebrate her birthday the same day as her daughter Vice President Pastor wished a Happy Birthday to President Toy and to his nephew, Adam, who he indicated both celebrate their birthdays on Saturday, December 22nd Pastor also announced the annual Toys for Tots donations are collected at his business located at 34018 Beacon and stated interested residents can contact his office at (734) 522-3800 for further details and information President Toy announced Patt Kirksey has retired from the Jackson Center after 36 years of dedicated service President Toy stated it was great to be part of such a wonderful community that has so many dedicated people and so many blessings to be thankful for President Toy took a moment to recognize Dianne Laura and Julie Robinson, Livonia Public School Board members and former Councilmember, Brian Meakin, who were present in the audience at the meeting President Toy announced there would be two X-items addressed at the end of the meeting, the first being a request from the Department of Law to schedule a closed Committee of the Whole meeting to discuss pending litigation and attorney/client privileged communications with regard to Judith Setser, as Guardian of Dale Setser v City of Livonia and the second matter being a request from the 16th District Court to allow for the appointment of Barbara Scherr as Magistrate for the 16th District Court. Mayor Kirksey expressed condolences to the community in Connecticut where the Sandy Hook Elementary School tragedy occurred last week and indicated the Livonia community offers prayers for all those affected by this horrific act. Mayor Kirksey also announced the Administration has been informed residents who would like to make a donation or contribution to assist the Newtown community may do so by submitting their donation to "My Sandy Hook Family Fund", do Wells Fargo Bank, 26 Church Hill Road, Newtown, Connecticut 06470 Mayor Kirksey indicated the funds raised will assist the families and community members affected by the tragedy and expressed sympathy for the lives that were lost. Police Chief Curtis Caid addressed Council and indicated he has received a number of inquiries from parents and students in the aftermath of the Newtown tragedy Chief Caid stated he wanted to inform Council and all residents the Police Department is working hand in hand with both the Livonia Public School District Superintendent and the Clarenceville Public School District Superintendent to upgrade police presence in both school districts and stated all security measures relative to the schools will be handled delicately Chief Caid stated the Police Department is working to address all security needs that have been brought to their attention and possible Regular Meeting Minutes of December 19, 2012 38514 needs that may arise in the future Chief Cad stated it is a top priority to ensure student safety and wanted to make sure all within the community felt comfortable with the measures the Police Department has implemented or will implement in the future President Toy requested a moment of silence to honor all the lives affected by the Newtown, Connecticut tragedy There was no Audience Communication at the beginning of the meeting A communication from the Department of Finance, dated November 20, 2012, re forwarding various financial statements of the City of Livonia for the month ending October 31, 2012, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Robinson, it was #482-12 RESOLVED, that having considered a communication from the City Clerk, dated November 27, 2012, forwarding an application submitted by Ashley Blizzard, 1551 Heatherwood Drive, Inkster, Michigan 48141, for a massage apprentice permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #483-12 RESOLVED, that having considered a communication from the City Clerk, dated December 3, 2012, forwarding an application submitted by Matthew Klar, 21900 Farmington Road, Apt. #306, Farmington, Michigan 48336-4447, for a massage therapist permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #484-12 RESOLVED, that having considered a communication from the Interim Superintendent of Parks and Recreation, dated November 26, 2012, 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 bids of the following companies for supplying the Parks and Recreation Department with clothing for the 2013 fiscal year as indicated on the attachment to the aforesaid communication, the same having been the lowest bid submitted for each item listed and meets all specifications Regular Meeting Minutes of December 19, 2012 38515 Allgraphics Corporation, Frank Alspector 28960 E. King William Dr , Farmington Hills, Michigan 48331 Item No. Size Amount 8 Gildan Ultra Cotton 2000/2000B Ad Sm - XL $3 60 Ad-2XL $3 60 10A Gildan Ultra Cotton 8000/8000B Youth Med — Lg $2 07 Adult Sm-Med $2 10 Adult Lg —XL $2 10 10B Gildan Ultra Cotton 8000/8000B Adult Med —XL $2 60 11 Jerzees Heavyweight Blend, long sleeve Youth Sm — Med $5 62 Adult Sm —XL $5 62 Adult 2XL $6 74 12 Fruit of Loom 50/50 Youth Sm — Lg $3 49 Youth Sm —XL $3 49 Adult 2XL $5 49 13 Fruit of Loom 50/50 Adult Med —XL $3 46 Adult 2XL $4 60 Adult 3XL $4 60 14A Fruit of Loom 50/50 Youth Med — Lg $3 20 Adult Sm — Med $2 98 14B Fruit of Loom 50/50 Adult Sm — Lg $3 95 16 Fruit of Loom 50/50 Adult Sm —XL (light) $2 99 Adult Sm —XL (dark) $6 40 Adult 2XL — (dark) $6.40 Estimated Cost $10,855 74 Image Impressions, Inc , Carolyn Wright-Thomas 24151 Telegraph Road, Suite 180, Southfield, Michigan 48033 Regular Meeting Minutes of December 19, 2012 38516 Item No Size Amount 1 Advil 980, 100% Cotton Adult Med —XL $3 70 2 Jerzees Z NuBlend 996M Adult Sm —XL $9 50 Adult 2XL $11 50 3 Hooded Sweatshirt, Jerzees Adult Sm —XL $10.20 Adult 2XL $12.20 4 50/50 Sport Shirt, Jerzees J300 Adult Sm - XL $6 70 Adult 2XL $8 70 5 50/50 Sport Shirt, Jerzees J300 Adult Sm —XL $6 70 6 Jerzees, 100% cotton Adult Sm —XL $4 70 9 Gildan Dry Blend 8000/8000B Youth Sm — Med $3 10 Adult Sm — Lg $3 70 15 Fruit of Loom, Best 50/50 Adult Med —XL $3 00 Adult 2XL $3 90 17 Cap, Anvil 176 or equivalent Youth Caps $2 50 Adult Caps $2 50 Estimated Cost $5,966 90 All American Embroidery, Sandeep Narang 31600 Plymouth Road, Livonia, Michigan 48150 Item No Size Amount 18A Port Authority R-Tek, 1/4 zip Adult Sm —XL $23 50 18B Port Authority R-Tek, full zip Adult Sm - XL $25 50 Estimated Cost $588 00 Regular Meeting Minutes of December 19, 2012 38517 Plan Ahead Events, Kathryn Gorowski 5840 E Dunbar Road, #15, Monroe, Michigan 48161 Item No. Size Amount 7 50/50 Sport Shirt, Jerzees 437ML Adult Sm-XL $10 15 Estimated Cost $497 35 FURTHER, the Council does hereby authorize such purchases from funds already budgeted in the Department of Parks and Recreation and Community Center Account Nos 208-755-768-000, 208-717-764-000, 101-711-766-000, 101-707-764-000 and 208-755-776-040 for this purpose, FURTHER, the Council does hereby authorize purchases for Items 18A and 18B from Account No 702-285----125 for employees who wish to purchase additional work apparel with the understanding that the payment from employees will be deposited back into such account. #485-12 RESOLVED, that having considered the report and recommendation of the Assistant City Assessor, dated November 16, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the proposal submitted by BS&A Software, 14965 Abbey Lane, Bath, Michigan 48808, for an upgrade to the BS&A Dot Not System in the amount of $27,280 00 with an amount of $5,000 00 authorized to be expended from funds available in Account No 101-253-971-000 and the balance of $22,280 00 to be expended from funds budgeted in the Assessment Department 2013-2014 Fiscal Year Budget, Account No 101-202-971-000, for this purpose, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #486-12 WHEREAS, the City of Livonia ("Employer") has employees rendering valuable services, and WHEREAS, the Employer has established a Deferred Compensation Plan for such employees that serves the interest of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel, and WHEREAS, the Employer has determined that the continuance of the Deferred Compensation Plan with the Community Choice Credit Union will serve these objectives, and Regular Meeting Minutes of December 19, 2012 38518 WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the Deferred Compensation Plan, NOW, THEREFORE BE IT RESOLVED, that the Employer hereby amends and restates the Deferred Compensation Plan ("the Plan") in the form of the 457 Governmental Plan and Trust. BE IT FURTHER RESOLVED, that the assets of the Plan shall be held in trust, with the Employer serving as Trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose The Trustee's beneficial ownership of the Plan assets shall be held for the further exclusive benefit of the Plan participants and their beneficiaries, BE IT FURTHER RESOLVED, that the Plan will not permit loans BE IT FURTHER RESOLVED, that the Employer hereby agrees to serve as Trustee under the Plan BE IT FURTHER RESOLVED, that the Mayor and City Clerk are authorized to execute the necessary documents to give this resolution full force and effect. #487-12 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated November 29, 2012, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on November 28, 2012, the Council does hereby approve the Tentative Agreement to be entered into by and between the City of Livonia and the Livonia Police Lieutenants and Sergeants Association for the period December 1, 2012, through November 30, 2013, FURTHER, the Council does hereby determine to approve the necessary amendments to the Retirement Plan Ordinance, the Compensation Plan and changes in certain benefits as required to effectuate this Agreement, and the Mayor and City Clerk are hereby authorized to affix their signatures to the aforesaid contract for and on behalf of the City of Livonia, and to do all things necessary or incidental to the full performance of this resolution #488-12 RESOLVED, that having considered a communication from the Human Resources Director, dated November 29, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission at its Regular Meeting of November 14, 2012, recommending continuing medical benefits for Police Captains, the Deputy Police Chief and Police Chief, the Council does hereby concur in �"' the recommendation of the Civil Service Commission and does hereby Regular Meeting Minutes of December 19, 2012 38519 approve the extension of medical benefits as provided in the 2010-2013 Livonia Police Officers Association Agreement for the Police Captains, the Deputy Police Chief and the Police Chief, effective December 1, 2012 #489-12 RESOLVED, that having considered the report and recommendation of the Superintendent — Operations and the Director of Public Works, dated November 26, 2012, 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 Boon Development, LLC d/b/a/ Sod Solutions, 14382 Sunbury, Livonia, Michigan 48154, for completing all work required in connection with the City's 2013-2015 Right-of-Way Street Tree Trimming/Emergency Response Program for the estimated cost of $145,700 00, from funds already budgeted in Account No 205-527-818-045, 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, FURTHER, the Council does hereby approve an expenditure in the amount of $450,000 00 from funds already budgeted in the Municipal Refuse Fund Contractual Services — Forestry (Account No 205-527-818-045), 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 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, FURTHER, the Council does hereby authorize Branch Tree Service, 24195 Mound Road, Warren, Michigan 48309, to provide routine tree maintenance and emergency tree services in the event the low bidder is unable to provide timely response, at the unit prices shown in the attached bid tabulation #490-12 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Operations and the Director of Public Works, dated November 30, 2012, 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 bids of APAC Paper, 4000 Enterprise Drive, Allen Park, Michigan 48101, HP Products Corporation, 8652 Haggerty Road, Suite 200, Belleville, Michigan 48111, and Empire Equipment, 18639 Omira Street, Detroit, Michigan 48203, for supplying the Public Service Division (Building Maintenance Section) with custodial supplies for the period January 1, 2013, through December 31, 2013, the same having been in fact the lowest bids received and meet all specifications, and an amount not to exceed $65,000 00 is hereby authorized to be expended from funds already budgeted in Account No 101-447-776-000 for this purpose Regular Meeting Minutes of December 19, 2012 38520 #491-12 WHEREAS, the City of Livonia believes quality roads are a vital part of any community, and WHEREAS, certain improvements are necessary to Middlebelt Road to increase traffic safety and to encourage economic development, and WHEREAS, the County of Wayne has committed to resurfacing the Road in an area generally described as Middlebelt Road from Seven Mile to Base Line and the City of Livonia will assist financially in the resurfacing of the road, and WHEREAS, the City of Livonia will provide payment to the County of Wayne in the estimated amount of $114,418 00, less the P E credit of $75,089 00, for an estimated balance of $39,329 00 (which will be adjusted to reflect actual costs), as the City of Livonia's participation of the total Project Costs, and WHEREAS, upon execution of this Agreement, the City of Livonia will provide a Working Capital Advance to the County of Wayne in the amount of $19,664 00 as fifty percent (50%) of the City of Livonia's participation (as found in Exhibit A to this Agreement) of the total Project Cost; and NOW, THEREFORE BE IT RESOLVED, that the Charter City of Livonia - City Council does hereby approve the proposed Agreement between the City of Livonia and County of Wayne for the resurfacing of Middlebelt Road from Seven Mile to Base Line, and BE IT FURTHER RESOLVED, that the Mayor and Clerk are authorized to execute the Agreement on behalf of the Charter City of Livonia #492-12 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 30, 2012, approved by the Director of Public Works, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a communication from R S Contracting, Inc , dated November 19, 2012, wherein it is indicated that R.S Contracting, Inc , agrees to extend the contract pricing of the 2012 Lane Line Marking Program for the 2013 year, the Council does hereby approve a one-year extension of the existing contract with R.S Contracting, Inc , 9276 Marine City Highway, Casco, Michigan 48064, for performing all work required in connection with the 2013 Lane Line Marking Program for the estimated total cost of $95,000 00, based on the Engineering Division's estimate of units of work involved (at 2012 unit bid prices) and subject to final payment based on the actual units of work completed, and the Council does hereby authorize an expenditure in the amount of $95,000 00 from funds budgeted in Account No 202-463-818-118 (Contractual Services — Lane Line Marking) for this purpose, FURTHER, Regular Meeting Minutes of December 19, 2012 38521 the Council does hereby authorize the action herein without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute a contract extension with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution #493-12 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 3, 2012, 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 an additional appropriation and expenditure for work required in connection with the Livonia Police Station Entrance Improvements (Contract 12-E) previously authorized in Council Resolution 386-12, adopted on September 12, 2012, the Council does hereby authorize an additional expenditure in an amount not to exceed $47,637 52 to Imperial Landscaping, Inc , 10001 Blackburn, Livonia, Michigan 48150, from budgeted funds in Account No 101-304-971-000, Police Admin — Minor Cap Outlay for this purpose #494-12 RESOLVED, that having considered a communication from the City Planning Commission, dated November 19, 2012, which transmits its resolution 11-97-2012, adopted on November 13, 2012, with regard to Petition No 2012-10-02-26, submitted by MN Express requesting waiver use approval to construct and operate a truck terminal at 13520 Merriman Road, located on the east side of Merriman Road between Industrial Road and Schoolcraft Road in the Northwest 1/4 of Section 26, which property is zoned M-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2012-10-02-26 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet No SP-01 dated October 17, 2012, prepared by S3 Architecture, is hereby approved and shall be adhered to, 2 That the outdoor storage of trucks and tractor trailers shall be limited to the designated locations as shown on the above referenced Site Plan and shall be maintained in an orderly manner; 3 That the maximum number of trucks and tractor trailers parked on the site shall not exceed a total of ninety eight (98), Regular Meeting Minutes of December 19, 2012 38522 4 That the parking areas for the truck terminal shall be hard surfaced with crushed rock, gravel or other material as approved by the Engineering Division prior to the issuance of the Certificate of Occupancy by the Inspection Department; 5 That the parking areas for the truck terminal shall be maintained in a dust free condition, and shall be properly graded and drained to dispose of all surface water in a manner as approved by the Engineering Division, 6 That the visitor and employee parking spaces shown on the site plan shall be double striped, including the provision of barrier free parking, and all regular parking spaces shall be ten feet (10') wide by twenty feet (20') in length, as required, 7 That there shall be no outdoor storage of vehicle parts, equipment, scrap material, waste petroleum products, junked, unlicensed or inoperable vehicles or trailers, or other similar items in connection with this operation, 8 That the Exterior Building Elevation Plan marked Sheet No SP- 03 dated October 17, 2012, prepared by S3 Architecture, is hereby approved and shall be adhered to, 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 landscaping along the front of the property between the existing building office and Merriman Road shall be enhanced to the satisfaction of the Planning Department; and 11 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy #495-12 RESOLVED, that having considered a communication from the City Planning Commission, dated November 16, 2012, which transmits its resolution 11-98-2012, adopted on November 13, 2012, with regard to Petition No 2012-10-02-27, submitted by MN Express requesting waiver use approval to expand the existing RV storage yard at 13520 Merriman Road, located on the east side of Merriman Road between Industrial Road and Schoolcraft Road in the Northwest 1/4 of Section 26, which property is zoned M-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2012-10-02-27 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of December 19, 2012 38523 1 That the Site Plan marked Sheet No SP-01 dated October 17, 2012, prepared by S3 Architecture, is hereby approved and shall be adhered to, 2 That the outdoor storage of recreational vehicles shall be limited to the designated location as shown on the above referenced Site Plan and shall be maintained in an orderly manner; 3 That the maximum number of vehicles parked in the designated storage yard shall not exceed a total of one hundred ninety two (192), 4 That the RV storage yard shall be hard surfaced with either crushed rock or gravel as approved by the Engineering Division, 5 That the storage yard shall be maintained in a dust proof condition and shall be properly graded and drained to dispose of all surface water in a manner as approved by the Engineering Division, 6 That the visitor and employee parking spaces shown on the site plan shall be double striped, including the provision of barrier free parking, and all regular parking spaces shall be ten feet (10') wide by twenty feet (20') in length, as required, 7 That there shall be no outdoor storage of disabled or inoperative equipment and vehicles, scrap material, debris or other similar items, 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, and 9 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 #496-12 RESOLVED, that having considered a communication from the City Planning Commission, dated November 16, 2012, which transmits its resolution 11-98-2012, adopted on November 13, 2012, with regard to Petition No 2012-10-02-27, submitted by MN Express requesting waiver use approval to expand the existing RV storage yard at 13520 Merriman Road, located on the east side of Merriman Road between Industrial Road and Schoolcraft Road in the Northwest 1/4 of Section 26, which property is zoned M-1, the Council does hereby waive the requirement set forth in Section 16 11(d)(3) of Zoning Ordinance No 543, as amended, which requires that the entire lot or parcel be hard Regular Meeting Minutes of December 19, 2012 38524 surfaced with concrete or a plant-mixed bituminous material in connection with the approval of waiver use Petition 2012-10-02-27 #497-12 RESOLVED, that having considered a communication from the City Planning Commission, dated November 19, 2012, which transmits its resolution 11-103-2012, adopted on November 13, 2012, with regard to Petition No 2012-10-08-06, submitted by Yaroch Senior Services Company, d/b/a Home Instead Senior Care, requesting site plan approval pursuant to Section 18 58 of Zoning Ordinance No 543, as amended, to construct an addition to the existing building at 16013 Middlebelt Road, located on the west side of Middlebelt Road between Puritan Avenue and Six Mile Road in the Northeast 1/4 of Section 14, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2012-10-08-06 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked S-1 dated November 1, 2012, as revised, prepared by Architecturally Speaking, is hereby approved and shall be adhered to, 2 That the Elevations Plans marked A-3 and A-4 received by the Planning Commission on November 7, 2012, are hereby approved and shall be adhered to, 3 That the final configuration and landscaping of the detention basin shall be subject to the approval of the Planning and Inspection Departments, 4 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 durable, long-lasting solid panel fiberglass and maintained, and when not in use closed at all times, 5 That the landscaped greenbelt along the west property line, as shown on the approved Site Plan, is hereby accepted and shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 6 That any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a protective barrier, the owner of the property shall be required to submit such changes to the Planning Commission for their review and approval or immediately construct the protective wall pursuant to Section 18 45, Regular Meeting Minutes of December 19, 2012 38525 7 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 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 from the date of approval by the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period #498-12 RESOLVED, that having considered a letter from Enrico E. Soave, Esq , Kucyk, Soave & Fernandes, PLLC, dated December 5, 2012, requesting a waiver of the sidewalk requirement in front of the new residence located at 15451 Woodring Street and having further considered the report and recommendation of the City Engineer, dated December 7, 2012, approved for submission by the Mayor, 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 at this time due to lack of any other public sidewalks existing within the neighboring area, 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 #499-12 RESOLVED, that having considered the report and recommendation of the Assistant City Assessor, dated November 19, 2012, approved for submission by the Mayor, with regard to Industrial Facilities Exemption Certificate #2007-130, which is scheduled to expire on December 30, 2014, relative to Majeske Machine Inc , formerly located at 34410 Rosati Avenue, the Council does hereby determine to revoke the said Industrial Facilities Exemption Certificate due to the fact that the building was vacated in 2012 (IDD No 100) and no application to transfer the existing Industrial Facilities Exemption Certificate has been filed A roll call vote was taken on the foregoing resolutions with the following result: AYES Laura, Pastor, Robinson, Brosnan, Katzman, McCann, and Toy NAYS None McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 9 02 OF ARTICLE IX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-03-06-06) Regular Meeting Minutes of December 19, 2012 38526 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 gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 9 03 OF ARTICLE IX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-03-06-06) 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 SECTION 10 02 OF ARTICLE X OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-03-06-07) 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 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 SECTION 10 03 OF ARTICLE X OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-03-06-07) 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 Regular Meeting Minutes of December 19, 2012 38527 herein The above Ordinance was placed on the table for consideration at an upcoming Regular meeting McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 11 02 OF ARTICLE XI OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-03-06-08) 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 gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 11 03 OF ARTICLE XI OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-03-06-08) 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 6 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 2012-08-01-04) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy NAYS None Regular Meeting Minutes of December 19, 2012 38528 The President declared the foregoing Ordinance duly adopted, and would become effective on publication McCann took from the table, for second reading and adoption, the following Ordinance PROPOSED AMENDMENTS TO SECTION 2 10(16) OF ARTICLE II (DEFINITION OF MISCELLANEOUS TERMS) MECHANICAL AMUSEMENT DEVICES OF THE CITY OF LIVONIA ZONING ORDINANCE (Petition 2012-08-06-10) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication An e-mail communication from attorney John B Carlin, Jr , Carlin, Edwards, Brown, PLLC, dated December 13, 2012, re Dave & Buster's parking at the new location and their Utica restaurant, was received and placed on file for the information of the Council (Petition 2012-10-02-28) On a motion by Robinson, seconded by Brosnan, and unanimously adopted, it was #500-12 RESOLVED, that having considered a communication from the City Planning Commission, dated November 28, 2012, which transmits its resolution 11-106-2012, adopted on November 27, 2012, with regard to Petition 2012-10-02-28 submitted by Dave & Buster's, Inc. requesting waiver use approval to construct and operate a full service restaurant (Dave & Buster's) with mechanical amusement devices at 19375 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast '/ of Section 6, which property is proposed to be rezoned from PO to C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2012-10-02-28 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of December 19, 2012 38529 1 That the Site Plan marked Drawing Number P-3 dated December 4, 2012, as revised, prepared by Professional Engineering Associates, is hereby approved and shall be adhered to, 2 That appropriate recordable legal instrumentation, 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 building permit is applied for; 3 That the Landscape Plan marked Drawing Number L-1 dated December 4, 2012, as revised, prepared by Professional Engineering Associates, is hereby approved and shall be adhered to, 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the Exterior Building Elevation Plans marked A2 and A3 dated November 20, 2012 prepared by Linear!, are hereby approved and shall be adhered to, 7 That there shall be cross access by means of a connection between the drive aisles and/or parking lots of this site and the adjacent Big Daddy's restaurant site, the details of which shall be worked out by the property owners and submitted to the City Council as part of the final site plan, 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 durable, long-lasting solid panel fiberglass and when not in use closed at all times, 10 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 Regular Meeting Minutes of December 19, 2012 38530 sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Natural Resources and Environment (DNRE), 11 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, 12 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and deficient parking space dimensions and any conditions related thereto, 13 That wall signage for this use shall be limited to the signs portrayed on the above referenced Building Elevations Plans, subject to variance(s) being granted by the Zoning Board of Appeals for excess sign area and excess number of wall signs Any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 14 That the freestanding sign for this use shall be conforming, 15 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 16 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 17 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 On a motion by Robinson, seconded by Laura, and unanimously adopted, it was #501-12 RESOLVED, that having considered a communication from the City Planning Commission, dated November 28, 2012, which transmits its resolution 11-106-2012, adopted on November 27, 2012, with regard to Petition 2012-10-02-28 submitted by Dave & Buster's, Inc requesting waiver use approval to construct and operate a full service restaurant (Dave & Buster's) with mechanical amusement devices at 19375 Victor Parkway, located on the west side of Victor Parkway Regular Meeting Minutes of December 19, 2012 38531 between Seven Mile Road and Pembroke Avenue in the Southeast 1/4 of Section 6, which property is proposed to be rezoned from PO to C-2, the Council does hereby waive the requirement set forth in Section 11 03(s)(1) of Zoning Ordinance No 543, as amended, that there be no more than a total of thirty-five (35) such mechanical amusement devices in the establishment in connection with the approval of waiver use Petition 2012-10-02-28 On a motion by Brosnan, seconded by Robinson, and unanimously adopted, it was #502-12 RESOLVED, that having considered a communication from the City Planning Commission, dated November 28, 2012, which transmits its resolution 11-106-2012, adopted on November 27, 2012, with regard to Petition 2012-10-02-28 submitted by Dave & Buster's, Inc requesting waiver use approval to construct and operate a full service restaurant (Dave & Buster's) with mechanical amusement devices at 19375 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast 1/4 of Section 6, which property is proposed to be rezoned from PO to C-2, the Council does hereby waive the Zoning Ordinance requirement set forth in Section 11 03(s) of Zoning Ordinance No 543, as amended, that the facility be located within a shopping center of at least 500,000 square feet of gross leasable floor area in connection with the approval of waiver use Petition 2012-10-02-28 On a motion by Brosnan, seconded by Kritzman, and unanimously adopted, it was #503-12 RESOLVED, that having considered a communication from the City Planning Commission, dated November 28, 2012, which transmits its resolution 11-106-2012, adopted on November 27, 2012, with regard to Petition 2012-10-02-28 submitted by Dave & Buster's, Inc requesting waiver use approval to construct and operate a full service restaurant (Dave & Buster's) with mechanical amusement devices at 19375 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast '/ of Section 6, which property is proposed to be rezoned from PO to C-2, the Council does hereby waive the requirement that there be no sale or consumption of food or beverages on the premises set forth in Section 11 03(s)(3) of Zoning Ordinance No 543, as amended, in connection with the approval of waiver use Petition 2012-10-02-28 On a motion by Brosnan, seconded by McCann, and unanimously adopted, it was Regular Meeting Minutes of December 19, 2012 38532 #504-12 RESOLVED, that having considered a communication from the City Planning Commission, dated November 28, 2012, which transmits its resolution 11-106-2012, adopted on November 27, 2012, with regard to Petition 2012-10-02-28 submitted by Dave & Buster's, Inc requesting waiver use approval to construct and operate a full service restaurant (Dave & Buster's) with mechanical amusement devices at 19375 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast 1/4 of Section 6, which property is proposed to be rezoned from PO to C-2, the Council does hereby waive the requirement that the operation cease on or before 9 00 p m as set forth in Section 11 03(s)(4) of Zoning Ordinance No 543, as amended, in connection with the approval of waiver use Petition 2012-10-02-28 Matthew Sosin, representative on behalf of Livonia-IT Office Building, LLC, was present to answer any questions of Council and thanked Council for their time and consideration (Petition 2012-10-02-28) A communication from the Department of Law, dated December 17, 2012, re additional information requested by Council at the Study Meeting held December 10, 2012, and the applicable Letter of Understanding for Dave & Buster's, was received and placed on file for the information of the Council (Petition 2012-10- 02-29) On a motion by Pastor, seconded by Kritzman, and unanimously adopted, it was #505-12 RESOLVED, that having considered a communication from the City Planning Commission, dated November 28, 2012, which transmits its resolution 11-109-2012, adopted on November 27, 2012, with regard to Petition 2012-10-02-29 submitted by Dave & Buster's, Inc 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 (Dave & Buster's) at 19375 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast 1/4 of Section 6, which property is proposed to be rezoned from PO to C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2012-10-02-29 is hereby approved and granted, subject to the following conditions 1 That the waiver use is limited to the property being used for Class C liquor license purposes in connection with a service bar only, Regular Meeting Minutes of December 19, 2012 38533 pursuant to such conditions that may be established as part of an approval of a Class C liquor license, and 2 That this approval does not include the utilization of a SDM liquor license at this location FURTHER, the Council does hereby waive the Zoning Ordinance standard set forth in Section 11 03(h)(1) requiring that there be at least a 1,000 foot separation between Class C licensed establishments A communication from Jennifer Irvine, Manager of LaVida Massage, dated December 18, 2012, re employment verification for massage apprentice Nathaniel R Kearns, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by McCann, and unanimously adopted, it was #506-12 RESOLVED, that having considered a communication from the City Clerk, dated November 26, 2012, forwarding an application submitted by Nathaniel R Kearns, 15344 Bainbridge, Livonia, Michigan 48154, for a massage apprentice permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted provided that the applicant will only be employed at LaVida Massage, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution Nathaniel Kearns, 15344 Bainbridge, Livonia, was present to answer any questions of Council and thanked Council for their time and consideration A communication from the Department of Law, dated December 17, 2012, re VIP Lazeez, LLC's request for extended hours of operation for food and dance for the business located at 28500 Schoolcraft Road, was received and placed on file for the information of the Council A communication from the Office of the Treasurer, dated December 12, 2012, re payment of back taxes and water bills for the business located at 28500 Schoolcraft Road, was received and placed on file for the information of the Council Regular Meeting Minutes of December 19, 2012 38534 On a motion by Brosnan, seconded by Laura, it was RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 11, 2011, and the report and recommendation of the Chief of Police, dated November 14, 2012, approved for submission by the Mayor, the Council does hereby deny the request from VIP Lazeez, LLC for transfer of ownership of a 2011 Class C licensed business with Dance Permit and Official Permit (Food) from Compton Village Cocktail Lounge, Inc , (Step II), for a business located at 28500 Schoolcraft Road, Livonia, Michigan 48150, Wayne County; and for a new Official Permit (Dance) for weekdays, 2 30 a m — 7 00 a m and Sundays, 2 30 a m to 12 00 p m for the reason that the afterhours permits for food service and dance would not be compatible with the surrounding neighborhood and area, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Robinson, seconded by Pastor, the following substitute motion was offered RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 11, 2011, and the report and recommendation of the Chief of Police, dated November 14, 2012, approved for submission by the Mayor, regarding the request from VIP Lazeez, LLC for transfer of ownership of a 2011 Class C licensed business with Dance Permit and Official Permit (Food) from Compton Village Cocktail Lounge, Inc , (Step II), for a business located at 28500 Schoolcraft Road, Livonia, Michigan 48150, Wayne County; and for a new Official Permit (Dance) for weekdays, 2 30 a m — 7 00 a m and Sundays, 2 30 a m to 12 00 p m , the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing motion to substitute with the following result: AYES Pastor and Robinson NAYS Laura, Brosnan, Kritzman, McCann, and Toy The President declared the substitute motion failed for lack of support. A roll call vote was then taken on the originally proposed resolution by Brosnan, seconded by Laura, as follows #507-12 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 11, 2011, and the report and recommendation of the Chief of Police, dated November 14, Regular Meeting Minutes of December 19, 2012 38535 2012, approved for submission by the Mayor, the Council does hereby deny the request from VIP Lazeez, LLC for transfer of ownership of a 2011 Class C licensed business with Dance Permit and Official Permit (Food) from Compton Village Cocktail Lounge, Inc , (Step II), for a business located at 28500 Schoolcraft Road, Livonia, Michigan 48150, Wayne County; and for a new Official Permit (Dance) for weekdays, 2 30 a m — 7 00 a m and Sundays, 2 30 a m to 12 00 p m for the reason that the afterhours permits for food service and dance would not be compatible with the surrounding neighborhood and area, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission with the following result: AYES Laura, Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy NAYS None The President declared the resolution adopted Fred Sackllah, attorney on behalf of VIP Lazeez, LLC, 18200 Merriman Road, Livonia, was present to answer any questions of Council and thanked Council for their time A communication from the Public Service Division, dated December 18, 2012, re additional information requested by Council at the Study Meeting held December 10, 2012, for the proposed propane fueling station for a five year period, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Laura, it was #508-12 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service - Environment & Utilities, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the proposed agreement with Amerigas Propane, LP, 4000 Leah Lane, Flat Rock, Michigan 48134, for supplying the Public Service Division with a fueling station and propane for a period of five (5) years with the option of purchasing the fueling station at the end of the five (5) year period for $10,000 00, with the funds for such agreement to be expended from funds already budgeted in Account No 101-446-751-000 (Public Service Gas and Oil), and the Director of Public Works is hereby authorized to approve any minor changes in work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia Regular Meeting Minutes of December 19, 2012 38536 with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Pastor, Brosnan, Kritzman, McCann, and Toy NAYS Robinson The President declared the resolution adopted A communication from the Public Service Division, dated December 18, 2012, re additional information requested by Council at the Study Meeting held December 10, 2012, for a three (3) year contract to purchase water meters and supplies, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Kritzman, it was #509-12 RESOLVED, that having considered a communication from the Superintendent - Environment & Utilities, which bears the signature of the Director of Public Works and the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the purchase of Water Meters and Supplies from Etna Supply Company, 529 32nd Street S E , Grand Rapids, Michigan 48548, at the unit prices quoted for a three (3) year period for the estimated total cost of $165,000 00, the same to be expended from funds available in Account Nos 592-559-787-040 and 592-559-787-030 for this purpose, and the Director of Public Works is hereby authorized to approve any minor changes in the work as it becomes necessary; 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 company; FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Pastor, Brosnan, Kritzman, McCann, and Toy NAYS Robinson The President declared the resolution adopted Regular Meeting Minutes of December 19, 2012 38537 A communication from the Public Service Division, dated December 18, 2012, re additional information requested by Council at the Study Meeting held December 10, 2012, for the Pilot Footing Drain Disconnection Program (City District 16) Project (RXIA-05), was received and placed on file for the information of the Council A communication from the Engineering Division, dated December 10, 2012, re Water and Sewer Board Resolution #4513 relative to the proposed Pilot Footing Drain Disconnection Program (City District 16) Project (RXIA-05), was received and placed on file for the information of the Council On a motion by McCann, seconded by Kritzman, and unanimously adopted, it was #510-12 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 30, 2012, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and is approved for submission by the Mayor, and having further considered a communication from the Chairman of the Water and Sewer Board, dated December 10, 2012, transmitting Water and Sewer Board resolution 4513 12/12, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract amendment between the City of Livonia and Orchard, Hiltz & McCliment, Inc , 34000 Plymouth Road, Livonia, Michigan 48150, to provide Design and Construction Engineering Services for the Pilot Footing Drain Disconnection Program (City District 16) Project (RXIA-05), in an amount not to exceed $45,000 00, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $45,000 00 from funds already budgeted in Account No 592-158-000 (Construction In Progress) for this purpose, and the City Engineer is hereby authorized to approve any minor adjustments in the work, as it becomes necessary On a motion by Laura, seconded by Brosnan, it was RESOLVED, that having considered a communication from the City Planning Commission, dated November 19, 2012, which transmits its resolution 11-101-2012, adopted on November 13, 2012, with regard to Petition 2012-10-08-07 submitted by Dorchen/Martin Associates, Inc , on behalf of McDonald's Corporation, requesting site Regular Meeting Minutes of December 19, 2012 38538 plan approval in connection with a proposal to remodel the exterior of the existing restaurant at 15399 Middlebelt Road, located on the west side of Middlebelt Road between Five Mile Road and Puritan Avenue in the Southeast 1/4 of Section 14, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby remove this matter from the Agenda and said matter to be taken up at a future Regular meeting Laura and Brosnan withdrew their motions on the foregoing resolution On a motion by McCann, seconded by Laura, and unanimously adopted, it was #511-12 RESOLVED, that having considered a communication from the City Planning Commission, dated November 19, 2012, which transmits its resolution 11-101-2012, adopted on November 13, 2012, with regard to Petition 2012-10-08-07 submitted by Dorchen/Martin Associates, Inc , on behalf of McDonald's Corporation, requesting site plan approval in connection with a proposal to remodel the exterior of the existing restaurant at 15399 Middlebelt Road, located on the west side of Middlebelt Road between Five Mile Road and Puritan Avenue in the Southeast 1/4 of Section 14, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2012-10-08-07 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Cl dated October 11, 2012, as revised, prepared by Dorchen/Martin Associates, Inc , is hereby approved and shall be adhered to, 2 That this restaurant's maximum customer seating count shall not exceed seventy (70) seats, 3 That the Landscape Plan marked C4 dated October 11, 2012, as revised, prepared by M J Gac & Associates, is hereby approved and shall be adhered to, 4 That the Exterior Building Elevation Plans marked A2 0 and A2 1 dated December 12, 2012, as revised, showing the extension of the parapet wall, prepared by Dorchen/Martin Associates, Inc , are hereby approved and shall be adhered to, 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, Regular Meeting Minutes of December 19, 2012 38539 6 That the maximum area of each wall-mounted sign and the approximate location of all exterior signage shall be consistent with the previous approved sign package for this site, and that any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 7 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 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 No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period Frank Martin, Dorchen/Martin Associates, Inc , 29895 Greenfield Road, Suite #107, Southfield, architect on behalf of McDonald's Corporation, was present to answer any questions of Council and thanked Council for their time and consideration (Petition 2012-10-08-07) On a motion by Laura, seconded by Pastor, it was #512-12 RESOLVED, that having considered a communication from Council President Laura M Toy, dated December 10, 2012, to which is attached a proposed schedule of Council Study and Regular Meetings for the period January 1, 2013, through December 31, 2013, the Council does hereby approve the following dates for City Council Meetings for 2013, subject to change with notice Study Meetings Regular Meetings JANUARY Monday, January 7 (starting at 8 PM) Monday, January 14 Monday, January 14 Monday, January 28 FEBRUARY Monday, January 28 Monday, February 11 Monday, February 11 Monday, February 25 MARCH Monday, February 25 Monday, March 11 Monday, March 11 Wednesday, March 27 Regular Meeting Minutes of December 19, 2012 38540 APRIL Wednesday, March 27 Monday, April 8 Monday, April 8 Monday, April 22 MAY Monday, April 22 Wednesday, May 8** Wednesday, May 8** Monday, May 20 JUNE Monday, May 20 Monday, June 3 Monday, June 3 Monday, June 17 JULY Monday, June 17 Monday, July 1 Monday, July 1 Monday, July 15 AUGUST Monday, July 15 Monday, August 12 Monday, August 12 Monday, August 26 SEPTEMBER Monday, August 26 Monday, September 9 Monday, September 9 Monday, September 23 OCTOBER Monday, September 23 Monday, October 7 Monday, October 7 Monday, October 21 NOVEMBER Monday, October 21 Wednesday, November 6 Wednesday, November 6 Monday, November 18 DECEMBER Monday, November 18 Monday, December 2 Monday, December 2 Monday, December 16 A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Pastor, Robinson, Brosnan, and Toy NAYS Kritzman and McCann The President declared the resolution adopted On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #513-12 RESOLVED, that having considered a communication from the Fire Chief, dated November 26, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Regular Meeting Minutes of December 19, 2012 38541 Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $500 00 from Mr and Mrs William Gravel, 19439 Whitby, Livonia, Michigan 48152, FURTHER, the Council does hereby appropriate and credit $500 00 to Account No 702----285-336 (Fire Community Donations) for the purposes as designated by the donor On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #514-12 RESOLVED, that having considered a communication from the Department of Law, dated December 3, 2012, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Livonia Public Schools, in connection with the development of a sanitary sewer constructed for the Churchill Place Condominiums at Joy Road and Newburgh Road for the property located in the Southwest 1/4 of Section 32, more particularly described as 20' Wide Public Easement for Sanitary Sewer Part of Lot 748 "Supervisor's Livonia Plat No 12" of part of Section 32, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan as recorded in Liber 66, of Plats, Page 65, Wayne County Records The centerline of a 20 feet wide easement being more particularly described as beginning at a point on the North line of Joy/Newburgh Condominiums, Wayne County Condominium Subdivision Plan No 521, Wayne County Records, Liber 43171, Pages 1-109, distant North 00 degrees 00 minutes 00 seconds East 60 04 feet, and South 87 degrees 50 minutes 06 seconds East 310 04 feet, and North 00 degrees 00 minutes 00 seconds East 323 22 feet and South 87 degrees 50 minutes 06 seconds East 104 93 feet, from the Southwest corner of said Section 32, and proceeding thence North 02 degrees 11 minutes 33 seconds East 52 14 feet; thence South 89 degrees 53 minutes 32 seconds East 274 77 feet; thence South 89 degree 35 minutes 15 seconds East 205 88 feet; thence South 81 degrees 10 minutes 03 seconds East 308 19 feet; thence South 01 degrees 43 minutes 39 seconds West 355 49 feet; to the point of ending on the North line of Joy Road (120 feet wide), the Council does hereby, for and in 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 Regular Meeting Minutes of December 19, 2012 38542 On a motion by Pastor, seconded by McCann, and unanimously adopted, it was #515-12 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda On a motion by Pastor, seconded by Laura, it was #516-12 RESOLVED, that having considered a communication from the Department of Law, dated November 5, 2012, 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, Judith Setser, as Guardian of Dale Setser v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy NAYS None The President declared the resolution adopted On a motion by McCann, seconded by Laura, and unanimously adopted, it was #517-12 RESOLVED, that having considered a communication from the Court Administrator/Magistrate Dennis E Epler, le Judicial Court, dated December 18, 2012, requesting approval with respect to the Court's appointment of Barbara Joyce Scherr as Magistrate of the 16th District Court effective January 1, 2013, pursuant to Administrative Order No 2017 and Public Act 16 of the Public Acts of 1976, M C L.A. 600 8501(2), the Council does hereby determine to concur in and approve such appointment in accordance with M C L.A. 600 8501(2), FURTHER, the Council does hereby approve a per annum compensation of $62,000 00 per year for the Magistrate in accordance with M C L.A. 600 8521, with the same benefits as extended to other full- time employees with the exception being that she shall receive fifteen (15) days' vacation and no health insurance Judge Sean Kavanagh, 16th District Court, addressed Council to thank them for their time and consideration and indicated Ms Scherr is very qualified for the position of Regular Meeting Minutes of December 19, 2012 38543 Magistrate with the District Court and has served with dedication the City of Livonia for many years There was no Audience Communication at the end of the meeting Vice President Pastor reminded residents to drop off donations for the Toys for Tots charity and wished all a Merry Christmas and Happy New Year McCann indicated he celebrated a milestone earlier this month and expressed his gratitude for being able to serve the City of Livonia for 25 years as a member of the Planning Commission and as a Councilmember McCann stated it has been a pleasure working for such a great City and community and to work with all City employees McCann wished everyone a Merry Christmas President Toy and all Councilmembers wished everyone a Merry Christmas On a motion by Pastor, seconded by Robinson, and unanimously adopted, this 1,719th Regular Meeting of the Council of the City of Livonia was adjourned at 9 23 p m Terry . arecki, City Clerk