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HomeMy WebLinkAboutCOUNCIL MINUTES 2012-04-25 38252 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND THIRD REGULAR MEETING OF APRIL 25, 2012 On April 25, 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 Councilmember Kritzman led the meeting with an invocation Roll was called with the following result: Brandon Kritzman, James McCann, Joe Laura, John Pastor, Thomas Robinson, Maureen Miller Brosnan, and Laura Toy Absent: None Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City Attorney; Terry Marecki, City Clerk; Dennis Wright, City Treasurer; and Mayor Jack Kirksey On a motion by Pastor, seconded by Robinson, and unanimously adopted, it was #164-12 RESOLVED, that the Minutes of the 1,702nd Regular Meeting of the Council held April 4, 2012, are hereby approved as submitted Brosnan announced that Arbor Day will be celebrated and a tree planting ceremony has been scheduled for Friday, April 27, 2012, at 1 30 p m at Kennedy Elementary School Brosnan also announced that Livonia will host its annual Hazardous Waste Day at Ford Field on Saturday, April 28, 2012, from 8 30 a m to 3 00 p m Residents can drop off hazard waste materials as well as electronic materials at the event which is held in conjunction with Northville Brosnan stated it was a great time to get rid of some household items and a great way to recognize Earth Day in the process Katzman announced today was the third anniversary of his father's death Krtizman stated his father died at the young age of 50 and requested everyone take a moment to be extra patient with each other to appreciate what someone else may be going through in their own personal lives President Toy announced Mayor Kirksey will host the annual Mayor's Ball on Friday, April 27, 2012, at Laurel Manor President Toy thanked Mayor Kirksey Regular Meeting Minutes of April 25, 2012 38253 for hosting a great event which President Toy stated included great music, food, dancing and the company of many good friends President Toy announced the following Public Hearing to be held on Monday, May 14, 2012, at 7 00 p m in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan David B Ingram, Ingram Development LLC on behalf of Ingram Slotting & Machine, Inc., requesting to establish a Plant Rehabilitation District for the property located at 31145 W Eight Mile Road, Livonia, MI 48152, to help in the expansion and rehabilitation of this property During Audience Communication, Tim Klisz, 18210 Manor Lane, Vice President and Treasurer of Livonia Bar Association, addressed Council to announce the Livonia Bar Association will host its "Second Annual Law Day" event on Tuesday, May 1, 2012, in the Atrium of the Livonia Civic Center Library from 11 00 a m to 1 00 p m Mr Klisz indicated lawyers specializing in various areas of law will be present to answer any residents' questions Johan Cawood, 29705 Orangelawn, addressed Council to express his concern regarding the Livonia Community Recreation Center not having a policy in place to allow residents to suspend or cancel their memberships Mr Cawood stated he had been in contact with employees of the Rec Center directly who advised him to simply not pay his membership dues when they are sent to him and this would cancel out his membership Mr Cawood encouraged Council to implement a policy to allow employees of the Rec Center the authority to cancel or suspend residents' memberships On a motion by Robinson, seconded by Laura, it was RESOLVED, that at the request of resident Johan Cawood, and upon further discussion by the Council, the Council does hereby refer the subject matter of addressing concerns relative to Livonia Community Recreation Center resident memberships and creating a policy to allow the ability to suspend or cancel same to the Administration for its report and recommendation McCann proposed a friendly amendment to the resolution offered by Robinson, seconded by Laura, to refer the matter to the Parks and Recreation Commission Robinson and Laura accepted the proposed friendly amendment. On a motion by Robinson, seconded by Laura, and unanimously adopted, it was #165-12 RESOLVED, that at the request of resident Johan Cawood, and upon further discussion by the Council, the Council does hereby Regular Meeting Minutes of April 25, 2012 38254 refer the subject matter of addressing concerns relative to Livonia Community Recreation Center resident memberships and creating a policy to allow the ability to suspend or cancel same to the Parks and Recreation Commission for its report and recommendation Jennifer Burns, 15014 Sumner, Redford, addressed Council to indicate she was a representative of the LaRouche Political Action Committee, and was present to encourage Council to support HR #1489 in the Senate to allow for the separation of private and public bank structures Ms Burns indicated the LaRouche Political Action Committee has initiated a nationwide push at varied Council meetings to pressure the United States Congress to vote in favor the proposed bill and encouraged Council to adopt a resolution that would support Glass-Stegall On a motion by Laura, seconded by Robinson, and unanimously adopted, it was #166-12 RESOLVED, that at the request of Councilmember Joe Laura, and upon further discussion by the Council, the Council does hereby request the Administration provide all contact information including name, address, telephone number and email information (if available), relative to all vendors who come before Council for approval, be provided to Council A communication from the Department of Finance, dated March 23, 2012, re forwarding various financial statements for the month ending January 31, 2012, was received and placed on file for the information of the Council A communication from the Department of Finance, dated April 5, 2012, re forwarding various financial statements for the month ending February 29, 2012, was received and placed on file for the information of the Council A communication from the Department of Law, dated April 19, 2012, re outstanding water bills for property located at 30325 Six Mile Road, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Brosnan, it was #167-12 RESOLVED, that having considered a communication from the City Clerk, dated April 10, 2012, forwarding an application submitted by Charon Normand-Widmer, 19620 Milburn, Livonia, Michigan 48152, for a massage therapist permit and in accordance with Chapter 5 49 of Regular Meeting Minutes of April 25, 2012 38255 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 #168-12 RESOLVED, that having considered a communication from the City Clerk, dated April 2, 2012, regarding the establishment of one or more Receiving Boards to administer any upcoming election scheduled in the jurisdiction, the Council does hereby provide that at any election in the City of Livonia at which ballots are counted and certified at the precinct, one or more additional Boards of Election Inspectors may be appointed to serve as Receiving Boards pursuant to MCL 168 679a. A communication from Olympia Enterprises, Group, Inc , dated April 16, 2012, re containing their Letter of Understanding as it relates to a transfer of 2011 Class C liquor license for the business located at 30325 Six Mile Road, was received and placed on file for the information of the Council #169-12 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated January 27, 2012, and the report and recommendation of the Chief of Police, dated March 22, 2012, approved for submission by the Mayor, the Council does hereby approve of the request from Olympia Enterprises Group, Inc for transfer of ownership of an escrowed 2011 Class C licensed business from Wine Sense, Inc , to transfer location (Governmental Unit under MCL 436 1531(1)) from 122 W Main, Northville, Michigan 48167, Wayne County; and to add Sunday Sales Permit (PM), Outdoor Service, Dance/Entertainment and Specific Purposes Permit (Food), for a business located at 30325 Six Mile, Livonia, Michigan 48154, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A communication from the Director of Human Resources, dated March 26, 2012, to which is attached the 401(a) Defined Contribution Plan Annual Report for 2011, was received and placed on file for the information of the Council A communication from Michael T Slater, Treasurer, Plymouth Road Development Authority (PRDA), dated April 3, 2012, re 2011 Annual Report for the Plymouth Road Development Authority (PRDA), was received and placed on file for the information of the Council Regular Meeting Minutes of April 25, 2012 38256 #170-12 RESOLVED, that the Council does hereby refer the subject of the Plymouth Road Development Authority (PRDA) 2011 Annual Report to the Finance, Budget and Technology Committee for its report and recommendation #171-12 RESOLVED, that having considered a communication from the Director of Community Resources, the Superintendent of Public Service - Environment & Utilities and the Director of Public Works, dated April 9, 2012, 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 one (1) 2012 Ford E350 15 Passenger Club Wagon from Gorno Ford, 22025 Allen Road, Trenton, Michigan 48138, in the amount of $63,895 00 for Community Transit from funds already budgeted in Account No 218-889-985-000 (Community Transit Fund - Capital Outlay) for this purpose, FURTHER, the Council does hereby determine to authorize this purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071B8200138), and 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 #172-12 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated March 21, 2012, 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 one (1) Pierce Heavy Rescue demo stock unit from Halt Fire, Inc (Pierce), 50169 W Pontiac Trail, Unit 5, Wixom, Michigan 48393 in the amount of $488,373 00, FURTHER, the Council does hereby authorize an expenditure in the amount of $360,000 00 (federal share portion which equals 80% of the vehicle replacement cost) from federal grant funds available in Account No 223-637-528-669 for this purpose, FURTHER, the Council does hereby authorize an expenditure in the amount of $128,373 00 (City share which equals 20% of the vehicle replacement cost) from Account No 401-000-985-000 (Capital Projects - Vehicles) for this purpose, FURTHER, the Council does hereby determine to authorize this purchase without competitive bidding 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 the 1988 Pierce Heavy Rescue at public auction as surplus property after receipt of the new vehicle #173-12 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated April 4, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 4384 4/12, wherein the Board concurs in the recommendation made by the City Engineer, dated March 27, 2012, the Council does hereby approve the reappropriation of funds previously Regular Meeting Minutes of April 25, 2012 38257 approved by WS 4207 3/11 and Council Resolution No 85-11 in the amount of $70,000 00 from Terra Construction, LLC to EQ — The Environmental Quality Company, 36255 Michigan Avenue, Wayne, Michigan 48184, for the 2011 Sanitary Sewer Closed Circuit Televising Program (Contract 11-L), and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary #174-12 RESOLVED, that whereas, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs, and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and WHEREAS, to obtain its Fiscal Year 2012-2013 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1974, the City of Livonia must submit a Statement of Community Development Objectives and Projected Use of Funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate federal and state laws and Department of Housing and Urban Development regulations, and satisfactory assurances that, prior to submission of its Final Statement of Community Development Objectives and Projected Use of Funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate income persons, and other important program requirements, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed Statement of Community Development Objectives and Projected Use of Funds NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia, Michigan, that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year 2012-2013 Community Development Block Grant Program is hereby approved and shall be submitted to the Department of Housing and Urban Development. FURTHER, the Director of Housing, Mayor, and City Clerk shall have the authority to execute the sub-recipient contracts #175-12 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated April Regular Meeting Minutes of April 25, 2012 38258 2, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached proposed Hold Harmless contracts between the City of Livonia and First Step, Fair Housing Center of Metropolitan Detroit, Jacque Martin-Downs, MA/MSW, St. John Health System/Eastwood Clinics, John V Farrar, Ed D, LPC, Hegira Programs, Inc , Madonna University; and Quality Care Counseling for the period July 1, 2012, through June 30, 2013, in connection with the CDBG-Funded Victim Assistance, Fair Housing Initiative and Mental Health Counseling Programs, the Council does hereby authorize the Mayor, City Clerk and Housing Director, for and on behalf of the City of Livonia, to execute the Hold Harmless contracts in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution #176-12 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 2, 2012, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and approved for submission by the Mayor, the Council does hereby authorize the purchase of seven (7) police vehicles as follows • Four (4) 2013 Ford Taurus SELs in an amount of $23,253 00 each for a total amount not to exceed $93,012 00 from Signature Ford, 1960 E Main Street, Owosso, Michigan 48867, through the State of Michigan bid process, • One (1) 2013 Ford Explorer 4 x 4 in an amount not to exceed $24,405 00 from Signature Ford, 1960 E Main Street, Owosso, Michigan 48867, through the State of Michigan bid process, • One (1) 2012 Buick LaCrosse in an amount not to exceed $29,718 80 from Red Holman Pontiac, 35300 Ford Road, Westland, Michigan 48185, through the State of Michigan bid process, and • One (1) 2012 Dodge Grand Caravan in an amount not to exceed $23,443 00, from Slingerland Dodge, P 0 Box 1596, Owosso, Michigan 48867, through the State of Michigan bid process, all to be expended from funds already budgeted for this purpose as follows $76,414 80 from Account No 265-333-985-000 (State Drug Forfeiture) and $94,164 00 from Account No 401-000-985-000, (Capital Outlay - Vehicles), FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same are based upon the low State of Michigan bids and 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 determine that once these vehicles Regular Meeting Minutes of April 25, 2012 38259 are received and the fleet has been assessed that any surplus vehicles are authorized to be offered to other City departments or disposed of at auction #177-12 RESOLVED, that having considered a communication from the City Engineer, dated April 5, 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, the Council does hereby accept the unit price bid of Zuniga Cement Construction, Inc , 24620 Schoenherr Road, Suite 100, Warren, Michigan 48089, for completing all work required in connection with the 2012 Sidewalk Replacement Program (Contract 12-G) at the unit prices bid for a total amount not to exceed $563,120 00, based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, FURTHER, the Council does hereby authorize an advance in the amount of $171,813 32 (single lot assessment portion of the program) from the Road, Sidewalk and Tree Fund with the provision that this fund be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are subsequently received from the payment of bills and assessments by affected property owners, FURTHER, the Council does hereby authorize an expenditure in the amount of $25,860 20 from Account No 202-451-977-010 (Major Road — Dist. Sidewalk Cost) and $56,312 90 from Account No 203-451-977- 010 (Local Road — Dist. Sidewalk Cost) to cover the costs related to the construction or reconstruction of handicap ramps at major and local roads, FURTHER, the Council does hereby authorize an expenditure in the amount of $53,130 24 from the Unexpended Fund Balance of the Water and Sewer Fund for sidewalk work adjacent to and including water, storm and sanitary structure repairs, FURTHER, the Council does hereby authorize an expenditure in the amount of $312,315 34 from funds already budgeted for this purpose from the Road, Sidewalk and Tree Fund (Account No 204-441-818-104 — Contractual Service Sidewalk) for repair of sidewalks heaved by tree roots, 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 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 #178-12 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 5, 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, the Council does hereby accept the unit price bid of Joe Rotondo Construction Corp , 38807 Ann Arbor Road, Suite 2, Livonia, Michigan 48150, for completing all work required in connection with the 2012 Sidewalk and �""' Pavement Replacement Program - Water Main Breaks (Contract 12-F) Regular Meeting Minutes of April 25, 2012 38260 for the estimated total cost of $106,145 00 or $53,072 00 per year (Phase I - $57,821 00 or $28,910 50 per year and Phase II - $48,324 00 or $24,162.00 per year), based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $106,145 00 from Water and Sewer Construction in Progress Account No 592-158- 000 for this purpose, 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 to execute a two (2) year 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 #179-12 RESOLVED, that having considered a communication from the City Planning Commission, dated April 4, 2012, which transmits its resolution 04-30-2012, adopted on April 3, 2012, with regard to Petition 2012-03-SN-02, submitted by LOP III Holding Company, L.L C , requesting approval for additional wall signage for the five-story office building (Laurel Office Park Ill) located on the west side of Laurel Park Drive between Six Mile Road and University Drive (17197 Laurel Park Drive) in the Southeast 1/4 of Section 7, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2012- 03-SN-02 is hereby approved and granted, subject to the following conditions 1 That the additional sign shall be in accordance with the Sign Plan, as received by the Planning Commission on March 6, 2012, and 2 That this approval is subject to the petitioner being granted variances from the Zoning Board of Appeals for excessive number of signs and sign area and any conditions related thereto A roll call vote was taken on the foregoing resolutions with the following result: AYES Kritzman, McCann, Laura, Pastor, Robinson, Brosnan, and Toy NAYS None On a motion by Brosnan, seconded by Robinson, it was RESOLVED, that having considered a communication from the Department of Law, dated March 19, 2012, recommending amendments to Sections 040, 050, 080, 090, and 100 and to repeal Regular Meeting Minutes of April 25, 2012 38261 Section 060 of Title 3, Chapter 05 (City Property Disposition) in order to streamline the process of disposing of surplus City personal property by requiring competitive bids only if the property is valued at $15,000 00 or more and allowing advertising sales on the City website or Internet, the Council does hereby determine to take no further action with regard to this matter On a motion by McCann, seconded by Pastor, the following substitute motion was offered RESOLVED, that having considered a communication from the Department of Law, dated March 19, 2012, recommending amendments to Sections 040, 050, 080, 090, and 100 and to repeal Section 060 of Title 3, Chapter 05 (City Property Disposition) in order to streamline the process of disposing of surplus City personal property by requiring competitive bids only if the property is valued at $15,000 00 or more and allowing advertising sales on the City website or Internet, the Council does hereby refer this matter to the Legislative Affairs Committee for its report and recommendation A roll call vote was taken on the substitute motion with the following result: AYES Katzman, McCann, and Pastor NAYS Laura, Robinson, Brosnan, and Toy The President declared the substitute motion failed for lack of support. A roll call vote was then taken on the original resolution by Brosnan, seconded by Robinson, as follows #180-12 RESOLVED, that having considered a communication from the Department of Law, dated March 19, 2012, recommending amendments to Sections 040, 050, 080, 090, and 100 and to repeal Section 060 of Title 3, Chapter 05 (City Property Disposition) in order to streamline the process of disposing of surplus City personal property by requiring competitive bids only if the property is valued at $15,000 00 or more and allowing advertising sales on the City website or Internet, the Council does hereby determine to take no further action with regard to this matter with the following result: AYES Laura, Robinson, Brosnan, and Toy NAYS Kritzman, McCann, and Pastor Regular Meeting Minutes of April 25, 2012 38262 The President declared the resolution adopted Pastor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 010 OF TITLE 1, CHAPTER 12 (GENERAL PENALTY) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Kritzman, McCann, Laura, Pastor, Robinson, Brosnan, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Pastor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 030 AND 050 OF TITLE 10, CHAPTER 03 (GENERAL PROVISIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Kritzman, McCann, Laura, Pastor, Robinson, Brosnan, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Director of Finance, dated April 12, 2012, re delinquent accounts receivable balance for One Under Bar & Grill, located at 35780 Five Mile Road, was received and placed on file for the information of the Council Regular Meeting Minutes of April 25, 2012 38263 A communication from Steve Broda, Vice President, Independent Bank, dated April 16, 2012, re One Under, LLC/Tominna, LLC and payoff of remaining balance for parking lot improvements at One Under Bar & Grill, located at 35780 Five Mile Road, was received and placed on file for the information of the Council A communication from Independent Bank, dated April 25, 2012, re Official Check in the amount of $66,103 90 to pay in full the delinquent accounts receivable balance for One Under Bar & Grill, located at 35780 Five Mile Road, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #181-12 RESOLVED, that having considered a letter from Brian Tominna, One Under Bar & Grill, dated April 9, 2012, which requests permission to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, in connection with their First Annual Cinco De Mayo Festival on Saturday, May 5, 2012, from 12.00 p m until 10 00 p m , to be held at One Under Bar & Grill, 35780 Five Mile Road, Livonia, Michigan, the Council does hereby grant and approve this request in the manner and form herein submitted Brian Tominna, One Under Bar & Grill, 35780 Five Mile Road, was present to answer any questions of Council and thanked them for their time and consideration On a motion by Robinson, seconded by Laura, it was RESOLVED, that having considered a letter from Brian Tominna, One Under Bar & Grill, dated April 9, 2012, which requests permission to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, in connection with their First Annual Cinco De Mayo Festival on Saturday, May 5, 2012 from 1200. p.m until 1000 p m , to be held at One Under Bar & Grill, 35780 Five Mile Road, Livonia, Michigan, the Council does hereby request a report and recommendation from the Administration regarding the delinquent account owed to the City by the petitioner within fourteen (14) days A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Robinson, and Toy Regular Meeting Minutes of April 25, 2012 38264 NAYS Kritzman, McCann, Pastor, and Brosnan The President declared the resolution failed for lack of support. On a motion by Pastor, seconded by Brosnan and unanimously adopted, it was #182-12 RESOLVED, that having considered a letter dated March 30, 2012 (Amended), from the Michigan Liquor Control Commission wherein it is requested that Council Resolution 45-12 be amended to cancel existing Dance Permit, Outdoor Service (1 area), and Specific Purpose Permit (Food), and request new Entertainment Permit in conjunction with a pending request to transfer ownership of an escrowed 2011 B Hotel licensed business, located at 31500 Wick, Romulus, MI 48174, Wayne County, from Advantage Landscape & Development Company, Inc to American Multi-Cinema, Inc (a Missouri corporation), transfer location (Governmental Unit) (MCL 436 1531(1) to 19500 Haggerty, Livonia, MI 48251, Wayne County; and transfer classification to a Class C license, the Council does hereby amend and revise Council Resolution 45-12 so as to read as follows RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 19, 2011, and the report and recommendation of the Chief of Police, dated January 27, 2012, approved for submission by the Mayor, the Council does hereby approve of the request from American Multi-Cinema, Inc (a Missouri corporation) to cancel existing Dance Permit, Outdoor Service (1 area) and Specific Purpose Permit (Food), to obtain a new Entertainment Permit and to transfer ownership of an escrowed 2011 B Hotel licensed business from Advantage Landscape & Development Company, Inc , as well as the request to transfer classification from a B Hotel license to a Class C license and the request to transfer location (Governmental Unit) (MCL 436 1531(1) from 31500 Wick, Romulus, MI 48174, Wayne County, for a business located at 19500 Haggerty Road, Livonia, MI 48152, Wayne County, and request for new Official Permit (Movie Theatre), 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 McCann, seconded by Pastor, it was #183-12 RESOLVED, that having considered a communication from the City Planning Commission, dated April 4, 2012, which transmits its resolution 04-32-2012, adopted on April 3, 2012, with regard to Petition 2012-03-SN-03, submitted by LOP I Holding Company, L.L.0 , requesting approval for additional wall signage for the four-story office Regular Meeting Minutes of April 25, 2012 38265 building (Laurel Office Park I) located on the west side of Laurel Park Drive between Six Mile Road and University Drive (17177 Laurel Park Drive) in the Southeast % of Section 7, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2012- 03-SN-03 is hereby approved and granted, subject to the following conditions 1 That the additional sign shall be in accordance with the Sign Plan, as received by the Planning Commission on March 6, 2012, and 2 That this approval is subject to the petitioner being granted variances from the Zoning Board of Appeals for excessive number of signs and sign area and any conditions related thereto A roll call vote was taken on the foregoing resolution with the following result: AYES Kritzman, McCann, Laura, Pastor, Robinson, and Toy NAYS Brosnan The President declared the resolution adopted A representative from Friedman Management, 34975 W Twelve Mile Road, Farmington Hills, was present on behalf of the petitioner to answer any questions of Council A communication from Ion and luliana Gutu, dated April 19, 2012, re requesting to purchase one-half of the vacant City-owned property located at 36413 Parkdale for $5,000, was received and placed on file for the information of the Council (CR 16-11 and CR 313-11) On a motion by McCann, seconded by Pastor, and unanimously adopted, it was #184-12 RESOLVED, that having considered a communication from the Department of Law, dated March 21, 2012, which bears the signature of the Director of Finance and the City Engineer and is approved for submission by the Mayor, submitted pursuant to Council Resolutions 16-11 and 313-11, the Council does hereby declare the vacant City-owned property located at 36413 Parkdale to be surplus property and hereby approves the sale to David S Lent, 10533 Homestead Lane, Plymouth, Michigan 48170, of City-owned property located on the South side of Parkdale Avenue between Levan Road and Regular Meeting Minutes of April 25, 2012 38266 Raleigh Avenue (36413 Parkdale) in the Northwest '/4 of Section 32, further described as Lot 15 Shaffmasters Parkside Estates, Town 1 South, Range 9 East, as recorded in Liber 68, Wayne County Records (Sidwell No 46-126-03- 0015-000) for a total purchase price of $13,000 00, subject to a storm sewer easement, the action herein being taken in order to best serve the interests of the community and in accordance with Section 3 05 090.A of the Livonia Code of Ordinances, as amended, FURTHER, the proceeds of such sale shall be deposited into Account No 101-000-680-000 (Sale of Fixed Assets), and the Mayor and City Clerk are hereby requested to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction, and the City Clerk is hereby requested to have said easement and quit claim deed 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 David Lent, 10533 Homestead Lane, Plymouth, was present to answer any questions of Council and thanked Council for their time and consideration On a motion by Pastor, seconded by Robinson, and unanimously adopted, it was #185-12 WHEREAS, the City Council has received an application for the transfer of an Industrial Facilities Exemption Certificate 2005-199 from 33067 Industrial Road to 36251 Schoolcraft Road covering industrial facilities located within the City of Livonia Industrial Development Overlay District No 110, and WHEREAS, the Council did previously in Council Resolution 273-05 adopted on May 25, 2005, approve an Industrial Facilities Exemption Certificate for Delta Gear, Inc for a period of 12 years, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Delta Gear, Inc , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application, Regular Meeting Minutes of April 25, 2012 38267 NOW, THEREFORE, be it resolved by the City of Livonia as follows (1) That the City Council, on the basis of the information received from the applicant, Delta Gear, Inc , finds and determines (a) That the approval of the transfer of this Industrial Facilities Exemption Certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) The applicant has fully complied with the requirements of Section 9, Act No 198, PA 1974, as amended (2) That the City Council hereby approves the above transfer of the Industrial Facilities Exemption Certificate from 33067 Industrial Road to 36251 Schoolcraft Road covering industrial facilities to be located within the City of Livonia Industrial Development Overlay District No 110, and (3) Council Resolution 273-05 adopted on May 25, 2005, is hereby amended and revised to the extent necessary to be consistent with the action taken herein On a motion by Pastor, seconded by Robinson, and unanimously adopted, it was #186-12 WHEREAS, the City Council has received an application for the transfer of an Industrial Facilities Exemption Certificate 2007-091 from 33067 Industrial Road to 36251 Schoolcraft Road covering industrial facilities located within the City of Livonia Industrial Development Overlay District No 110, and WHEREAS, the Council did previously in Council Resolution 55-07 adopted on February 14, 2007, approve an Industrial Facilities Exemption Certificate for Delta Gear, Inc for a period of 12 years, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and Regular Meeting Minutes of April 25, 2012 38268 WHEREAS, the City Council has afforded Delta Gear, Inc , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application, NOW, THEREFORE, be it resolved by the City of Livonia as follows (1) That the City Council, on the basis of the information received from the applicant, Delta Gear, Inc , finds and determines (a) That the approval of the transfer of this Industrial Facilities Exemption Certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) The applicant has fully complied with the requirements of Section 9, Act No 198, PA 1974, as amended (2) That the City Council hereby approves the above transfer of Industrial Facilities Exemption Certificate from 33067 Industrial Road to 36251 Schoolcraft Road covering industrial facilities to be located within the City of Livonia Industrial Development Overlay District No 110, and (3) Council Resolution 55-07 adopted on February 14, 2007, is hereby amended and revised to the extent necessary to be consistent with the action taken herein On a motion by Pastor, seconded by McCann, and unanimously adopted, it was #187-12 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 16, 2012, approved by the Director of Public Works, which bears the signature of the Director of Finance and the City Attorney and is approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia and the Michigan Department of Transportation (MDOT) for the reconstruction and resurfacing of Newburgh Road from Five Mile Road to Laurel Park Drive North along with the countdown pedestrian signal installation and sidewalk ramp upgrading at the intersection of Newburgh Road and Churchill High School/Livonia Career Center, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the agreement in the manner and form herein submitted, FURTHER, the total project cost is estimated at $4,159,200 00 with the City of Livonia participation (18 15% of the total Regular Meeting Minutes of April 25, 2012 38269 project cost) estimated at $795,100 00, FURTHER, the Council does hereby authorize an expenditure in the amount of $561,000 00 from funds already budgeted in Account No 202-463-818-125 (Major Street Fund — City participation in County and MDOT Projects), FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of$234,100 00 from the Unexpended Fund Balance of the Major Road Account for this purpose There was no Audience Communication at the end of the meeting Brosnan wished a Happy Administrative Professionals Day to all the dedicated employees at City Hall and within the Council Office and encouraged everyone to pause to recognize all those who are doing a great job for the City Brosnan also expressed concern about temporary traffic signals being placed along Plymouth Road during the Reconstruction Project and was advised by City Engineer, Todd Zilincik, the signals are only temporary in nature and will be removed at the conclusion of the Reconstruction Project. Brosnan concluded by indicating a resident meeting has been scheduled for Thursday, April 26th from 7 00 p m to 8 30 p m at the Old Rosedale Church to address resident concerns and gather input as far as what improvements should be made at Kleinert Park and encouraged all those interested to attend the meeting McCann thanked Judy Priebe and Jackie Higham of the Council Office for all of their dedication and hard work and wished them a Happy Administrative Professionals Day Robinson extended a personal thank you to Judy Priebe of the Council Office for all of her hard work and for getting back to him so promptly to respond to all of his various requests for information On a motion by Pastor, seconded by Kntzman, and unanimously adopted, this 1,703rd Regular Meeting of the Council of the City of Livonia was adjourned at 9-01 p m Terry Marecki, City Clerk L 38270 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FOURTH REGULAR MEETING OF MAY 9, 2012 imp On May 9, 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 Councilmember McCann led the meeting with an invocation Roll was called with the following result: James McCann, Joe Laura, John Pastor, Thomas Robinson, Brandon Kritzman, and Laura Toy Absent: Maureen Miller Brosnan Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City Attorney; Terry Marecki, City Clerk, former Councilmember Brian Meakin, and Mayor Jack Kirksey On a motion by Pastor, seconded by Robinson, and unanimously adopted, it was #188-12 RESOLVED, that the Minutes of the 1,703`d Regular Meeting of the Council held April 25, 2012, are hereby approved as submitted Vice President Pastor wished a Happy Birthday to Councilmember McCann and also to Dave Varga, Director of Administrative Services in the Mayor's Office Vice President Pastor also extended Happy Birthday wishes to his colleague, Gary Rossi and indicated his employee, Jennifer Mahowski, recently had a baby boy and wished her and her family well Vice President Pastor concluded by congratulating Judy Priebe, Technical Specialist, for 20 years of service with the City of Livonia Mayor Kirksey joined Council to present Ms Priebe with a service award for her 20 years of dedicated service and thanked her for all of her hard work. Robinson thanked Judy Priebe for her dedicated service to the City and extended a Happy Birthday wish to Councilmember McCann Robinson also announced the Livonia Symphony Orchestra will host its annual Garden Party Luncheon on Saturday, May 19, 2012, at Laurel Manor starting at 11 30 a m and their 21st Annual Golf Fundraiser event is scheduled for Friday, June 15, 2012, at Fox Creek Golf Course Robinson indicated residents can obtain further information about Regular Meeting Minutes of May 9, 2012 38271 the Livonia Symphony Orchestra events by visiting their website at www.livoniasymphony orq President Toy announced the 24th Annual Angela Hospice Golf Outing is scheduled for Monday, May 14, 2012, at 9 30 a.m at the Fox Hills Golf Course in Plymouth President Toy also announced there will be an "All American Grill Out" on Friday, May 11, 2012, at 12.30 pm at Burton Manor, sponsored by an organization named "Vote 4 Energy" President Toy indicated the luncheon and ice cream social were fee and were designed to encourage political leaders to develop energy policies to bolster a stronger economy and create jobs and encouraged interested residents to attend the event. President Toy announced the following Public Hearings to be held on Wednesday, May 30, 2012, at 7 00 p m in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Paul F Bohn, Fausone Bohn, LLP, on behalf of Odyssey Electronics, Inc., is requesting approval of personal property tax abatement under the provisions of Public Act 328 of 1998 in connection with the manufacturing of printed circuit boards in their facility located at 12886 Fairlane, Livonia, MI 48150 (Industrial Development Overlay District #111), and Petition 2012-03-01-02 submitted by Kordoba, L.L.C./Masri Orthodontics to rezone a portion of the property at 15230 Levan Road, located on the east side of Levan Road between Lyndon Avenue and Five Mile Road in the Northeast 1/4 of Section 20, from C-1 to OS (Local Business to Office Services) President Toy announced the following Public Hearing to be held on Wednesday, June 6, 2012, at 6 30 p m in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Proposed improvement project to the City's Sanitary Sewer System for the purpose of receiving comments from interested persons concerning the project construction which will involve the rehabilitation of approximately 5,000 feet of sanitary sewer and 600 manholes and disconnections of approximately 25 illicit connections to the sanitary sewer system The City is proposing to fund the project with money collected from user charges The total project costs are estimated at $3,600,000 The estimated cost to the user equates to an increase of $0 05 per sewer billing unit. Adverse impacts of the proposed project include temporary construction related impacts such as short term traffic disruptions, noise and dust. McCann wished a Happy Birthday to Councilmember Brosnan and indicated her birthday was on Tuesday, May 8th Regular Meeting Minutes of May 9, 2012 38272 During Audience Communication, Wayne County Commissioner Diane Webb addressed Council to explain that recent redistricting by the State of Michigan will affect the districts represented by Wayne County Commissioners Commissioner Webb indicated she currently represents District 9 and is the Chair of the Public Safety Committee but due to redistricting of precincts, she will soon represent and run for re- election as a Wayne County Commissioner for District 8, which includes portions of the Southeast area of Livonia from Joy Road to Five Mile Road and Inkster Road to Middlebelt Road and will include five precincts Dan West, President of the Livonia Chamber of Commerce, 33233 Five Mile Road, addressed Council to announce the Chamber will host its 26th Annual Business Expo at Laurel Park Mall and will include 104 exhibitors The event will include four free workshops, including one related to health insurance, and will run from 10 00 am to 5 00 pm on Thursday, May 10, 2012 Mr West encouraged Councilmembers and residents to attend this great event and thanked them for their support. President Toy passed the gavel to Vice President Pastor at 8 16 p m On a motion by Toy, seconded by Laura, and unanimously adopted, it was #189-12 RESOLVED, that upon discussion by Council and review of proposed Senate Bill #1082 concerning the prohibition of the sale and distribution of synthetic marijuana, the Council does hereby refer the subject matter to the Law Department to look at the possibility of enacting an Ordinance which would prohibit the sale of synthetic substances in the Livonia community Katie Oleck, Executive Director of the Save Our Youth Organization, addressed Council to explain the negative impact and psychotic effects synthetic marijuana has been proven to have when used by young people and to express gratitude for having the Council's support on such an important matter that affects many throughout the community President Toy resumed the gavel from Vice President Pastor at 8 37 p.m On a motion by Pastor, seconded by Robinson, it was #190-12 RESOLVED, that having considered a letter from Elizabeth Evans, American Cancer Society, Relay for Life, dated April 13, 2012, which requests permission to waive Sections 8 32 070 (Noise Control) and 12 20 080 (Public Lands) of the Livonia Code of Ordinances, as amended, in connection with their overnight outdoor gathering to raise funds for the fight against cancer, which will take place in Livonia from 10 00 am Saturday, May 19, 2012, through 10 00 am Sunday, May 20, 2012, to allow the playing of music and announcements via Regular Meeting Minutes of May 9, 2012 38273 loudspeakers, as well as the erection and use of tents on public land (Bentley Field), the Council does hereby grant and approve this request in the manner and form herein submitted, subject to providing the City with evidence of liability insurance coverage and execution of an appropriate hold harmless agreement. #191-12 RESOLVED. that having considered a communication from the City Clerk, dated App iI 13, 2012, forwarding an application submitted by Chelsea Paul, 3382 Van Horn #283, Trenton, Michigan 48183, 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 #192-12 RESOLVED, that having considered a communication from the Mayor, dated April 16, 2012, the Council does hereby approve of and concur in the reappointment of Ashley Krueger, 37434 N Laurel Park Drive, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which will expire on June 9, 2015 #193-12 RESOLVED, that having considered a communication from the Mayor, dated April 16, 2012, the Council does hereby approve of and concur in the reappointment of Carol Smiley, 19862 Stamford, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which will expire on June 9, 2015 #194-12 RESOLVED, that having considered a communication from the Mayor, dated April 16, 2012, the Council does hereby approve of and concur in the reappointment of Ian Wilshaw, 17181 Golfview, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which will expire on June 9, 2015 #195-12 RESOLVED, that having considered the report and recommendation of the Information Systems Director, dated April 10, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quote submitted by ESRI Inc., 380 New York Street, Redlands, California 92373, to provide software maintenance for Livonia's Geographic Information System (GIS) for a one year period in the amount of $15,300 00, the same to be expended from funds already budgeted in Account No 101-915-851-020 for this purpose, 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 4 of the Livonia Code of Ordinances, as amended Regular Meeting Minutes of May 9, 2012 38274 A communication from the Department of Public Service, dated April 26, 2012, re additional information on the roof repair project at Building Maintenance/Sign Shop Public Service Building (Building #13), was received and placed on file for the information of the Council (CR 361-11) #196-12 RESOLVED, that having considered a communication from the Superintendent of Public Service - Operations and the Director of Public Works, dated April 12, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Wm Molnar Roofing Co , Inc., 12455 Hale Street, P 0 Box 2272, Riverview, Michigan 48193, the second lowest bidder, for completing all work required in connection with the repair of the roof at the Building Maintenance/Sign Shop Building (Building #13) with the understanding that the bid amount has been revised to match the amount of the original low bid submitted by Fisher Roofing (which is not able to complete the work) in the amount of $83,825 00, FURTHER, the Council does hereby authorize an expenditure in the amount of $83,825 00 from funds already budgeted in Account No 401-000-971-000 (Capital Projects) for this purpose, and the Director of Public Works is authorized to approve minor changes 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 with the aforesaid bidder, subject to the approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution #197-12 RESOLVED, that having considered a communication from the City Planning Commission, dated April 4, 2012, which transmits its resolution 04-26-2012, adopted on April 3, 2012, with regard to Petition 2012-02-PL-01 submitted by Frank and Rosalie Tislerics requesting preliminary plat approval for Rambling Acres Subdivision to be located on the Southwest corner of Farmington Road and Richland Avenue (9653, 9655 & 9659 Farmington Road) in the Northeast 1/4 of Section 33, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on April 3, 2012, the Council does hereby approve of the said preliminary plat based upon the same conditions as those set forth in the aforesaid Planning Commission action and subject to the receipt of a report and recommendation of the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements #198-12 RESOLVED, that having considered a communication from the City Planning Commission, dated April 10, 2012, which transmits its L resolution #04-29-2012, adopted on April 3, 2012, with regard to Petition Regular Meeting Minutes of May 9, 2012 38275 2012-02-08-02 submitted by HF Architecture, on behalf of 3T Medical Systems, requesting approval of all plans in connection with a proposal to construct an addition to the existing building located on the north side of Schoolcraft Road between Merriman Road and Henry Ruff Road (31330 Schoolcraft Road), in the Southwest 1/4 of Section 23, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 2012-02-08-02 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked ASOO dated February 28, 2012, prepared by HF Architecture, 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 Elevations Plan marked A200 dated February 28, 2012, prepared by HF Architecture, is hereby approved and shall be adhered to, 4 That the issues as outlined in the correspondence dated March 12, 2012, from the Assistant Director of Inspection shall be resolved to the satisfaction of the Inspection Department; 5 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of a solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use closed at all times, 6 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, 7 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 A roll call vote was taken on the foregoing resolutions with the following result: Regular Meeting Minutes of May 9, 2012 38276 AYES McCann, Laura, Pastor, Robinson, Kritzman, and Toy NAYS None An email communication from Deborah Law, dated May 7, 2012, re requesting a reduction in the times permitted for the waiver of the City's Noise Ordinance in connection with the Fourth Annual Sahara Fest hosted by The Basilica of St. Mary Antiochian Orthodox Church, was received and placed on file for the information of the Council (CR 143-12) On a motion by Pastor, seconded by Laura, it was RESOLVED, that having considered a letter dated April 30, 2012, from Fred E Sackllah, Festival Chair Person, The Basilica of St. Mary Antiochian Orthodox Church, wherein it is requested that Council Resolution 143-12 be amended to reflect the original request for hours of operation for a waiver of the noise ordinance, the Council does hereby amend and revise Council Resolution 143-12 so as to read as follows RESOLVED, that having considered a letter from Fred E. Sackllah, Festival Chair Person, The Basilica of St. Mary Antiochian Orthodox Church, dated March 19, 2012, regarding their Fourth Annual Sahara Fest scheduled for Thursday, May 31, 2012, through Sunday, June 3, 2012, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances between the hours of 1000 a m and 1000 p m , except on Sunday ending at 9 00 p m , in connection with this event to be held Thursday, May 31, 2012, through Sunday, June 3, 2012, at Bryant Park located at 18000 Merriman Road, and that the appropriate level of amplified music will be controlled by a church-appointed "sound engineer" who will have total control of the sound system at all times and that the speakers inside the tent will be pointed north (toward the church) and away from neighboring houses in connection with this event to be held Thursday, May 31, 2012, through Sunday, June 3, 2012, at Bryant Park located at 18000 Merriman Road, FURTHER, the Council does hereby grant and approve three (3) 4' x 4' signs to be placed on St. Mary's property and at Bryant Park no earlier than Thursday, May 17, 2012, and removed no later than Thursday, June 7, 2012 Fred Sackllah, Festival Chair Person, The Basilica of St. Mary Antiochian Orthodox Church, 18100 Merriman Road, was present to answer any questions of Council and Regular Meeting Minutes of May 9, 2012 38277 expressed that time changes were crucial to the success of the event and thanked Council for their time and consideration (CR 143-12) Pastor and Laura then withdrew their motions on the foregoing resolution On a motion by Pastor, seconded by McCann, the following resolution was offered RESOLVED, that having considered a letter dated April 30, 2012, from Fred E. Sackllah, Festival Chair Person, The Basilica of St. Mary Antiochian Orthodox Church, wherein it is requested that Council Resolution 143-12 be amended to reflect the original request for hours of operation for a waiver of the noise ordinance, the Council does hereby amend and revise Council Resolution 143-12 so as to read as follows RESOLVED, that having considered a letter from Fred E. Sackllah, Festival Chair Person, The Basilica of St. Mary Antiochian Orthodox Church, dated March 19, 2012, regarding their Fourth Annual Sahara Fest scheduled for Thursday, May 31, 2012, through Sunday, June 3, 2012, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances between the hours of 4 00 p m and 00 p m on Thursday, May 31, 2012, and Friday, June 1, 2012, between the hours of 12 00 p m and 12.00 a m on Saturday, June 2, 2012, and between the hours of 12 00 pm and 10 00 p m. on Sunday, June 3, 2012, in connection with this event to be held Thursday, May 31, 2012, through Sunday, June 3, 2012, at Bryant Park located at 18000 Merriman Road, and that the appropriate level of amplified music will be controlled by a church- appointed "sound engineer" who will have total control of the sound system at all times and that the speakers inside the tent will be pointed north (toward the church) and away from neighboring houses in connection with this event to be held Thursday, May 31, 2012, through Sunday, June 3, 2012, at Bryant Park located at 18000 Merriman Road, FURTHER, the Council does hereby grant and approve three (3) 4' x 4' signs to be placed on St. Mary's property and at Bryant Park no earlier than Thursday, May 17, 2012, and removed no later than Thursday, June 7, 2012 Laura offered a friendly amendment to the foregoing resolution to change the times of the event to the following Thursday, May 31, 2012, from 4.00 p m. to 1000 pm , Friday, June 1, 2012, from 4 00 pm to 11 00 pm , Saturday, June 2, 2012, from 12 00 p m to 11.00 pm , and Sunday, June 3, 2012, from 12 00 p m to 10 00 p m Pastor and McCann accepted the friendly amendment offered by Laura. Regular Meeting Minutes of May 9, 2012 38278 On a motion by Pastor, seconded by McCann, it was #199-12 RESOLVED, that having considered a letter dated April 30, 2012, from Fred E Sackllah, Festival Chair Person, The Basilica of St. for Mary Antiochian Orthodox Church, wherein it is requested that Council Resolution 143-12 be amended to reflect the original request for hours of operation for a waiver of the noise ordinance, the Council does hereby amend and revise Council Resolution 143-12 so as to read as follows RESOLVED, that having considered a letter from Fred E. Sackllah, Festival Chair Person, The Basilica of St. Mary Antiochian Orthodox Church, dated March 19, 2012, regarding their Fourth Annual Sahara Fest scheduled for Thursday, May 31, 2012, through Sunday, June 3, 2012, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances between the hours of 4 00 p m and 10 00 p m on Thursday, May 31, 2012, Friday, June 1, 2012, between the hours of 4 00 p m and 11 00 p m , Saturday, June 2, 2012, between the hours of 12 00 p m and 11 00 p m , and on Sunday, June 3, 2012, between the hours of 12 00 p m and 10 00 p m , in connection with this event to be held Thursday, May 31, 2012, through Sunday, June 3, 2012, at Bryant Park located at 18000 Merriman Road, and that the appropriate level of amplified music will be controlled by a church-appointed "sound engineer" who will have total control of the sound system at all times and that the speakers inside the tent will be pointed north (toward the church) and away from neighboring houses in connection with this event to be held Thursday, May 31, 2012, through Sunday, June 3, 2012, at Bryant Park located at 18000 Merriman Road, FURTHER, the Council does hereby grant and approve three (3) 4' x 4' signs to be placed on St. Mary's property and at Bryant Park no earlier than Thursday, May 17, 2012, and removed no later than Thursday, June 7, 2012 President Toy passed the gavel to Councilmember Laura to speak to the issue at 8 39 pm A roll call vote was then taken on the foregoing resolution with the following result: AYES McCann, Toy, Pastor, Robinson, Kritzman, and Laura NAYS None Councilmember Laura declared the resolution adopted President Toy resumed the gavel from Councilmember Laura at 8 47 p m On a motion by Laura, seconded by Kritzman, it was Regular Meeting Minutes of May 9, 2012 38279 #200-12 RESOLVED, that having considered a communication from the City Planning Commission, dated April 5, 2012, which transmits its resolution 04-27-2012, adopted on April 3, 2012, with regard to Petition 2012-02-02-04, submitted by Rite Aid of Michigan, Inc requesting waiver use approval to utilize an SDD liquor license (sale of packaged spirits over 21% alcohol) in connection with a Rite Aid Pharmacy located on the Southeast corner of Eight Mile Road and Newburgh Road (37355 Eight Mile Road), in the Northwest 1/4 of Section 5, which property is zoned C- 1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2012-02-02-04 is hereby approved and granted, subject to the following condition 1 That public access to all SDD-licensed products shall be restricted, as stipulated in Section 10 03(g)(4) of the City of Livonia Zoning Ordinance No 543, as amended A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Laura, Pastor, Robinson, and Kritzman NAYS Toy The President declared the resolution adopted A communication from the Planning Department, dated May 2, 2012, re depicting the location of new and used car dealerships along Plymouth Road, was received and placed on file for the information of the Council (Petition 2012-03-02- 05) On a motion by Pastor, seconded by Kritzman, it was RESOLVED, that having considered a communication from the City Planning Commission, dated April 10, 2012, which transmits its resolution 04-28-2012, adopted on April 3, 2012, with regard to Petition 2012-03-02-05, submitted by Julian Shahinllari requesting waiver use approval to operate a used auto dealership (Julian's Auto Sales) with outdoor display of vehicles located on the south side of Plymouth Road between Merriman and Milburn Avenue (30805 and 30835 Plymouth Road) in the Northwest % of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2012-03-02-05 is hereby approved and granted, subject to the following conditions 1 That the Site Plan received by the City Council on April 25, 2012, is hereby approved, Regular Meeting Minutes of May 9, 2012 38280 2 That the recommendations of the Executive Committee of the Plymouth Road Development Authority (PRDA) shall be resolved to the satisfaction of the appropriate City Departments, including a) providing an oil and grease separator in the parking lot catch basin if deemed necessary; b) limiting the waiver approval to this ear Petitioner only; and c) installing additional landscaping along Plymouth Road and the island within the parking lot; 3 That the number of vehicles to be displayed outdoors shall be limited to a total of thirty-six (36) vehicles, and that no vehicle for sale shall be displayed closer than twenty feet (20') from the front lot line (unless waived by the Council in a separate resolution), 4 That except for what may be authorized under the Zoning Ordinance as part of a temporary sales event, any type of exterior advertising related to the sale of the vehicles designed to attract the attention of passing motorists, such as promotional flags or streamers, shall be prohibited, 5 That the display of any vehicles on car lifts is strictly prohibited, 6 That there shall be no outdoor storage of auto parts, equipment, scrap material, waste petroleum products, junked, unlicensed or inoperable vehicles, or other similar items in connection with this operation, and the overhead doors, when not in use for vehicles entering or exiting the service facility, shall be closed at all times, 7 That all parking spaces shall be doubled striped, including the provision of barrier free parking to be located adjacent to the building, with proper signage, marking and configuration, and all regular customer spaces shall be 10' x 20' in size as required, 8 That the Petitioner shall be allowed a conforming wall sign and the ability to either replace the panels on the existing ground sign or a new conforming ground sign, whichever he elects Any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 9 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, 10 That no overhead speakers will be used inside or outside the building, 11 That the auto service facility shall consist of one (1) bay or work station, and all service work shall be limited to vehicles that are on Regular Meeting Minutes of May 9, 2012 38281 display and being sold at this location, the service operations shall not be open to the general public, 12 That only minor repairs and maintenance work on vehicles be conducted at this site, and that repair work shall not include collision repair; 13 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use closed at all times, 14 That all light poles shall be a maximum of 20 feet high including the base and all light fixtures shall be shielded to minimize glare trespassing on adjacent properties and roadway; 15 That per the note on the plan, a minimum five (5') foot high masonry wall be built at or near the south property line adjacent to the residential district, and that a fence be allowed along the remaining portion of the west property line where the site abuts the nonconforming residential, 16 That the issues as outlined in the correspondence dated March 29, 2012, from the Assistant Director of Inspection shall be resolved to the satisfaction of the Inspection Department and/or Engineering Division, and 17 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 Ben Tiseo, Tiseo Architects, Inc , 19815 Farmington Road, was present to answer any questions of Council regarding the waiver use petition submitted by Julian's Auto Sales (Petition 2012-03-02-05) Petitioner, Julian Shahinllari, 47281 Bayview Court, Canton, was present to answer any questions of Council and explained what type of vehicles his dealership would offer to the public for sale (Petition 2012-03-02-05) Christopher Martin, 12275 Inkster Road, addressed Council to indicate his support of the proposed used car dealership submitted by Julian's Auto Sales (Petition 2012- 03-02-05) A roll call vote was taken on the foregoing resolution with the following result: Regular Meeting Minutes of May 9, 2012 38282 AYES Pastor, Kritzman, and Toy NAYS McCann, Laura, and Robinson The President declared the resolution failed for lack of support.* (*Failure of the motion to pass has the same effect as denial ) A communication from the Department of Law, dated May 2, 2012, requesting to withdraw their request to schedule a closed Committee of the Whole meeting to discuss pending litigation and attorney/client privileged communication with respect to Thomas Meshinski v City of Livonia, was received and placed on file for the information of the Council A communication from the Department of Law, dated May 8, 2012, requesting to withdraw their request to schedule a closed Committee of the Whole meeting to discuss pending litigation and attorney/client privileged communication with respect to Kenneth Oberts v City of Livonia, was received and placed on file for the information of the Council On a motion by Robinson, seconded by Laura, and unanimously adopted, it was #201-12 RESOLVED, the Council does hereby refer the subject matter of Intergovernmental Agreements for the creation of Authorities for the purchase of goods and/or the delivery of services to the Committee of the Whole for its report and recommendation During Audience Communication, Christopher Martin, 12275 Inkster Road, offered his suggestion Council follow a procedure similar to one used by the Zoning Board of Appeals and allow petitioners the option to have a matter adjourned to a future meeting date when a Councilmember is absent to avoid having a tie vote On a motion by Laura, seconded by Pastor, and unanimously adopted, this 1,704th Regular Meeting of the Council of the City of Livonia was adjourned at 9 05 p m Regular Meeting Minutes of May 9, 2012 38283 Terry A.( arecki, City Clerk