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HomeMy WebLinkAboutCOUNCIL MINUTES 2012-05-23 38285 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FIFTH REGULAR MEETING OF MAY 23, 2012 On May 23, 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 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: Todd Zilincik, City Engineer; Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City Attorney; Terry Marecki, City Clerk; and Mayor Jack Kirksey On a motion by Robinson, seconded by Brosnan, and unanimously adopted, it was #202-12 RESOLVED, that the Minutes of the 1,704th Regular Meeting of the Council held May 9, 2012, are hereby approved as submitted Michael Lane, Troop #271, addressed Council to indicate he is working on obtaining his Boy Scout merit badge for Government and introduced himself to the Council and Mayor Kirksey as a scout and student at St. Robert Bellarmine School Robinson announced Seedlings Braille Books recently hosted its annual Open House and has an opportunity to win $25,000 from Art Van furniture as a great local charity Robinson encouraged Council and residents to vote in favor of Seedlings winning the charity event and stated residents can vote for Seedlings at www.artvancharitvchallenge.com through Thursday, May 31st President Toy announced the Tail Waggers organization has opened its new location at Five Mile and Harrison and is in need of food donations to support local families President Toy indicated Tail Waggers provides food and services to local residents in Livonia and surrounding communities to care for pets and encouraged anyone who is able to donate food to this worthy organization Regular Meeting Minutes of May 23, 2012 38286 Kritzman extended congratulation wishes to the owner of the Livonia UPS Store located at Five Mile and Newburgh, Eric Ladwig, for running its second annual food drive for the Angels Place Food Pantry Kritzman indicated the event took place last weekend and raised over 2,000 pounds of food for the Angels Place Food Pantry which is located on Eight Mile Road and provides food for disabled adults within the Livonia community Mayor Kirksey addressed Council to share some recent community events which he indicated included the Polish Veterans Group holding its annual Poppy Sales event at the Busch's Market located at Six Mile and Newburgh last Friday Mayor Kirksey also indicated the American Cancer Society hosted its annual Relay for Life event at Bentley Field this past weekend and was a huge success Mayor Kirksey indicated a 5K race was hosted at the Northville High School on Sunday to raise money for Parkinson's research and on Monday, May 21st, Police Chief Curtis Caid held a second meeting about the concerns raised by the recent spread of the K2 drug and other synthetic drugs in local communities Mayor Kirksey announced the annual Memorial Day Celebration will take place at Veterans Memorial Park on Saturday, May 26, 2012, starting at 9-00 a m Further, Mayor Kirksey indicated Aristeo Construction hosted its 35 year anniversary earlier in the week and Orchard, Hiltz & McCliment also celebrated its 50th anniversary this week and the City of Livonia was its first client. Mayor Kirksey indicated that a local landmark bakery, Awrey Bakery, is in grave financial difficulty and facing bankruptcy which the City was made aware of back in 2010 Mayor Kirksey stated the bakery employs approximately 250 employees and is trying to work out an agreement with its employees to avoid having to close its doors Mayor Kirksey concluded by wishing everyone a Happy Memorial Day weekend and encouraged residents to attend the Memorial Day Celebration on Saturday, May 26th President Toy announced the following Public Hearings to be held on Monday, June 11, 2012, at 7 00 pm in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Richard A. Barr, Honigman Miller Schwartz and Cohn, LLP, on behalf of Infineon Technologies North America Corporation, is requesting approval of an Industrial Facilities Exemption Certificate for a new facility being constructed at 19401 Victor Parkway, Livonia, MI 48152 (Industrial Development District #114), and Richard A. Barr, Honigman Miller Schwartz and Cohn, LLP, on behalf of Infineon Technologies North America Corporation, is requesting approval to transfer an Industrial Facilities Exemption Certificate from 19111 Victor Parkway, Livonia, MI 48152 to 19401 Victor Parkway, Livonia, MI 48152 (Industrial Development District#114) During Audience Communication, Joe Neussendorfer, 11316 Merriman Road, a member of American Legion Post 32 and DAV #132, addressed Council to commend Mayor Kirksey and the Council for hosting the annual Memorial Day Regular Meeting Minutes of May 23, 2012 38287 Celebration at Veterans Memorial Park on Saturday, May 26th, to honor those who have served our country Mr Neussendorfer expressed concern for local veterans having trouble getting jobs and urged local businesses to hire veterans who have returned from active duty Mr Neussendorfer indicated the Veterans Small Business Expo will be coming to the Detroit area on June 25th through June 29th and will bring in an estimated 6,000 veterans, small business owners, and federal employees at the Cobo Center and will include on-site hiring opportunities and interviews for veterans Mr Neussendorfer also indicated there is a very worthy program called "Helmets to Hardhats" which puts veterans in touch with construction leaders for possible careers in the construction industry Mr Neussendorfer concluded by stating he had researched the City's world famous civil engineer, Alfred Noble, who had a military record and served in the Civil War and indicated Mr Noble's grandfather was a soldier in the War of 1812 and his great grandfather was a soldier in the American Revolutionary War Mr Neussendorfer stated Mr Noble's advice to those who serve in the military was to have the ability to withstand hunger, fatigue, hard marching, but indicated to be a good runner was often a good attribute Maggie Watson, Planning and Programs Manger at The Senior Alliance, 3850 Second Street, Suite 201, Wayne, addressed Council to provide a general update on how many Livonia residents were served by their organization and to provide insight as to the varied services their organization has to offer seniors Ms Watson indicated The Senior Alliance now has a monthly magazine that goes out each month to the Livonia Senior Center to provide information about their services and important contact phone numbers Ms Watson indicated June 20th will be the "Older Michiganian Day" hosted at the Capital in Lansing and The Senior Alliance will provide a bus for interested seniors to attend leaving from the Wayne Senior Center at 7 00 a m that day with breakfast provided Ms Watson concluded by stating The Senior Alliance entered into a partnership with St. Mary's Mercy Hospital pilot program last year to decrease the number of senior hospital re-admissions and stated the program's goal is to reduce re-admissions by 20% in the coming year A communication from the Department of Finance, dated April 20, 2012, re forwarding various financial statements of the City of Livonia for the month ending March 31, 2012, was received and placed on file for the information of the Council. A communication from Christopher Hayes, Director, Livho, Inc , dated May 21, 2012, re Letter of Understanding in connection with its request for a Dance- Entertainment Permit for the business located at 17123 Laurel Park, was received and placed on file for the information of the Council Regular Meeting Minutes of May 23, 2012 38288 A communication from the Planning Department, submitted on behalf of the Plymouth Road Development Authority (PRDA), dated May 18, 2012, re consensus of the Board members in support of the proposed improvements in connection with the waiver use petition submitted by ADI Management, L.L.0 , for the business located at 34110 Plymouth Road, was received and placed on file for the information of the Council. (Petition 2012-04-02-09) On a motion by Pastor, seconded by Brosnan, it was #203-12 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 3, 2011, and a report and recommendation of the Chief of Police, dated April 16, 2012, in connection therewith, the Council does hereby recommend approval of the request from Livho, Inc (a Delaware Corporation) to transfer all stock in a 2011 B-hotel licensed business with Dance-Entertainment Permit, Specific Purpose Permit (Food), (4) bars and 226 rooms, for a business located at 17123 Laurel Park, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #204-12 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated May 7, 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 4399 05/12, wherein the Board concurs in the recommendation made by the Superintendent of Public Service - Environment and Utilities, dated May 7, 2012, the Council does hereby authorize payment in the amount of $51,328 0 to D'Angelo Brothers Inc., 25543 Ranchwood, Farmington Hills, Michigan 48335, for materials necessary to perform the emergency repair of a 30-inch water main located on Farmington Road south of 1-96, FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $51,328 00 from Account No 592-158-000 (Construction in Progress) for this purpose, 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 1 of the Livonia Code of Ordinances, as amended #205-12 WHEREAS, the ARC is the recipient of, and is responsible for the administration of, a federal grant referred to as the "Restoring Community Trees in an Urban Watershed Grant" ("Grant") Regular Meeting Minutes of May 23, 2012 38289 WHEREAS, the Department of Agriculture (USDA) — US Forest Service (USFS) has established certain Grant conditions and regulations that require the ARC to comply with contract administration provisions described within OMB Circular A-110 as implemented by regulations 7CFR 3019, 2CFR 230, and OMB Circular A-133 as implemented by USDA regulation 7CFR 3052 WHEREAS, the USFS will supervise the Grant and Grant conditions in order that the Grant be used in accordance with the requirements of the law WHEREAS, the parties have agreed to follow certain administrative procedures and cooperate on the various tasks to be undertaken in order for the ARC to comply with the Grant's requirements and objectives WHEREAS, the project funded by this grant supports the Great Lakes Restoration Initiative, Program Area 2 Emerald Ash Borer (EAB) Forest Habitat Restoration WHEREAS, the ARC will receive funds to procure approximately 2000 new trees throughout the watershed to replace those destroyed by the Emerald Ash Borer WHEREAS, the ARC and the City of Livonia have agreed to cooperate in the planning, execution and funding of this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of Livonia does hereby approve the Restoring Community Trees Grant Agreement between the Alliance of Rouge Communities and the City of Livonia in the manner and form therein submitted, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute said agreement, 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 #206-12 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Operations, the Director of Public Works and the Superintendent of Parks and Recreation, dated May 1, 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 Temperature Services, Inc , 37107 Schoolcraft, Livonia, Michigan 48150, for completing all work required in connection with the Livonia Community Recreation Center HVAC maintenance service contract for a period of three years in an amount not to exceed $185,303 00 ($60,248 00 for year 1, $61,755 00 for year 2 and $63,300 00 for year 3), the same having been the lowest bid received and meets all specifications, FURTHER, such amount is hereby Regular Meeting Minutes of May 23, 2012 38290 authorized to be expended from funds already budgeted in Account No 208-755-818-020 for this purpose, 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 company and to do all other things necessary or incidental to the full performance of this resolution #207-12 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 27, 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 Carr's Outdoor Services, Inc., 48910 Ford Road, Canton, Michigan 48170, for completing all work required in connection with the 2012 Pavement Crack and Joint Sealing Program (Contract 12-D) for the estimated total cost of $87,350 00, FURTHER, the Council does hereby authorize an expenditure in the amount of $71,326 00 from funds already budgeted in Account No 203- 463-818-117 (Local Roads) and in the amount of $16,024 00 from funds already budgeted in Account No 202-463-818-117 (Major Roads) for this purpose, FURTHER, the foregoing amounts are based upon the Engineering Division's estimate of units involved, and are subject to final payments based upon the actual units completed in accordance with the unit prices accepted herein, said estimated costs and unit prices having been in fact the lowest bid received and meets all specifications, 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 A communication from the Engineering Division, dated May 14, 2012, re providing Water & Sewer Board Resolution #4389 recommending to accept the bid of Lawrence M Clark, Inc for the 2012 Water Main Improvement Project (Contract 12- M), was received and placed on file for the information of the Council #208-12 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 7, 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 a subsequent communication from the City Engineer, dated May 14, 2012, approved for submission by the Mayor, which transmits WS Resolution No 4389 adopted by the Water and Sewer Board on May 12, 2012, the Council does hereby accept the unit price bid of Lawrence M Clark, Inc , 50850 Bemis Road, Belleville, Michigan 48111, for completing work required in connection with the 2012 Water Main Improvement Project (Contract 12-M) for the estimated total cost of $297,740 00 based upon Regular Meeting Minutes of May 23, 2012 38291 the Engineering Department'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 and meet all specifications, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $250,000 00 from funds already budgeted in Account No 592-158-000 (Construction in Progress) and a sum not to exceed $44,740 00 from funds already budgeted in Account No 592-138-010 (Unexpended Fund Balance of the Water & Sewer Fund) for this purpose, FURTHER, the Council does authorize payment in the amount of $3,500 00 to Northwest Consultants, Inc , 6215 Canton Center Road, Suite 301, Canton, Michigan 48187, for construction staking, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $3,500 00 from Account No 101-441-818-005 (Professional Services) 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 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 #209-12 RESOLVED, that having considered a communication from the City Planning Commission, dated April 26, 2012, which transmits its resolution 04-36-2012, adopted on April 24, 2012, with regard to Petition 2012-03-02-06, submitted by A to Z Wings, L.L C requesting waiver use approval to operate a full service restaurant (Wing Stop) within the Millennium Park retail center, located on the south side of Schoolcraft Road between Middlebelt Road and Inkster Road (28517 Schoolcraft Road), in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2012-03-02-06 is hereby approved and granted, subject to the following conditions 1 That the maximum customer seating count shall not exceed seventy (70) seats, 2 That this restaurant shall provide internal disposal of grease waste in accordance with Section 13.20 380 of the City Code of Ordinances, 3 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, and 4 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows Regular Meeting Minutes of May 23, 2012 38292 #210-12 RESOLVED, that having considered a communication from the City Planning Commission, dated April 30, 2012, which transmits its resolution 04-37-2012, adopted on April 24, 2012, with regard to Petition 2012-03-02-07, submitted by Agustin Ochoa requesting waiver use approval to construct an outdoor dining patio and add seats in connection with an existing full service restaurant (Las Palapas) within the Fountain Park Plaza retail center, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue (33308 Plymouth Road), in the Southwest 1/4 of Section 27, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2012-03-02-07 is hereby approved and granted, subject to the following conditions 1 That the Patio Approval Plan marked Drawing No AO 1 1 dated June 24, 2011, as revised, prepared by Serra-Marko & Associates, is hereby approved and shall be adhered to, 2 That the maximum number of customer seats shall not exceed a total of one hundred fourteen (114) seats, including ninety four (94) interior seats and twenty (20) outdoor patio seats, and that during the time the outdoor patio is open, there shall be eight (8) fewer seats inside the restaurant; 3 That there shall be no outdoor speakers or sound equipment, including televisions, allowed at any time, 4 That all light fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways, 5 That the fountain shall be refurbished and in working order; 6 That the Petitioner shall stop seating patrons in the outdoor patio at 9 00 p m on weekdays and 10 00 p m on weekends, and that the patio shall not remain open after 10 00 p m weekdays and 11 00 p m on weekends, and 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 #211-12 RESOLVED, that having considered a communication from the City Planning Commission, dated May 9, 2012, which transmits its resolution 05-43-2012, adopted on May 8, 2012, with regard to Petition 2012-04-02-09, submitted by ADI Management, L.L.0 requesting waiver use approval to construct an outdoor dining patio and add seats in connection with an existing full service restaurant (Tony's Kitchen, a/k/a Dee Dee's) located on the north side of Plymouth Road between Regular Meeting Minutes of May 23, 2012 38293 Farmington Road and Stark Road (34110 Plymouth Road), in the Southeast 1/4 of Section 28, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2012-04-02-09 is hereby approved and granted, subject to the following conditions 1 That the Site and Patio Plan marked Sheet No P1 dated May 10, 2012, as revised, prepared by Tiseo Architects, Inc , is hereby approved and shall be adhered to, 2 That the maximum number of customer seats shall not exceed a total of one hundred eighty six (186), including one hundred thirty eight (138) interior seats and forty eight (48) outdoor patio seats, 3 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto, 4 That the sound levels of any outdoor speakers or sound equipment shall be kept to a reasonable minimum so as not to become objectionable, and that the volume not stray beyond the property lines, 5 That all light fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways or adjoining property; 6 That the existing monument sign may be relocated to a point no closer than six (6) feet to the right-of-way line of Plymouth Road, subject to the approval of the Zoning Board of Appeals for deficient setback (10 feet is required), 7 That the issues as outlined in the correspondence from the Assistant Director of Inspection, dated May 8, 2012, shall be resolved to the satisfaction of the Inspection Department; and 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 A communication from Katie Olex, Executive Director, Save Our Youth Task Force, dated May 14, 2012, re Final Report of the Livonia Student Summit dated February 7, 2012, was received and placed on file for the information of the Council #212-12 WHEREAS, synthetic drugs are a growing problem in our community and across the country; and Regular Meeting Minutes of May 23, 2012 38294 WHEREAS, these drugs are synthetic substances designed to mimic the effects of illegal drugs, and WHEREAS, there is an increasing awareness of the dangers of such substances such as synthetic cannabis which is a blend of dried material sprayed with psychoactive chemicals, often marketed as "incense" or "potpourri" and synthetic stimulants which consist of a crystalline powder marketed as "bath salts" that are laced with strong stimulants, and WHEREAS, there have been reported cases of suicide due to hallucination after using synthetic drugs and the reported harmful effects also include paranoia, panic attacks, delusions, nausea, vomiting, dizziness, nose bleeding, seizures, chest pain, trouble breathing and heart attacks, and WHEREAS, synthetic drugs are unfortunately easily available for purchase in gas stations, convenience stores, as well as on the Internet; and WHEREAS, the City of Livonia supports all efforts at the state and federal level to ban these substances in order to protect the health, safety and welfare of the public and supports legislation such as Michigan Senate Bill 789, Senate Bill 1082, and House Bill 5338 which is designed to address this problem, NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Livonia hereby takes this means to urge our state and federal legislators to take the expeditious and necessary measures to introduce and support legislation which is aimed at eliminating the sale and use of synthetic drugs FURTHER, the Council hereby requests that copies of this Resolution be sent to Senator Carl Levin, U S Senator Debbie Stabenow, Congressman Thaddeus McCotter, Governor Rick Snyder, Michigan Senate Majority Leader Randy Richardville, State Senator Glenn Anderson, Michigan House Speaker Jase Bolger, Michigan House Speaker Pro Tempore John Walsh, and the Michigan Municipal League #213-12 RESOLVED, that having considered the report and recommendation of the Department of Law, dated May 8, 2012, approved for submission by the Mayor, to which is attached a proposed Lease Agreement between the City of Livonia and the Livonia Save Our Youth Task Force for 360 square feet of space in the City Hall Annex's east wing for property located at 33000 Civic Center Drive, Livonia, Michigan 48154, for the period beginning June 1, 2012, through May 31, 2015, the Council does hereby approve of the aforesaid Lease Agreement and authorizes the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Lease Agreement, as well as Regular Meeting Minutes of May 23, 2012 38295 to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Laura, Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy NAYS None A summarized Audit Presentation distributed by Plante & Moran, dated April 23, 2012, re City of Livonia annual audits, was received and placed on file for the information of the Council (CR 367-02) A communication from the Finance Department, dated April 13, 2012, re containing the Audit Reports for the City of Livonia for the Fiscal Year ending November 30, 2011, as prepared by Plante & Moran, was received and placed on file for the information of the Council (CR 367-02) On a motion by Robinson, seconded by Laura, and unanimously adopted, it was #214-12 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated April 23, 2012, submitted pursuant to Council Resolution 367-02, regarding the topic of the Annual Audit Reports, and that having further considered a communication from the Director of Finance, dated April 13, 2012, approved for submission by the Mayor, which sets forth a proposed Grant Funds Deficit Elimination Plan, as required by the Michigan Department of Treasury, the Council does hereby approve the aforementioned plan wherein a grant reimbursement in the amount of $215,711 00 was received which eliminated the deficit; and the Finance Director is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Robinson, seconded by Brosnan, and unanimously adopted, it was #215-12 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated April 23, 2012, submitted pursuant to Council Resolution 367-02, Regular Meeting Minutes of May 23, 2012 38296 regarding the topic of the Annual Audit Reports, and that having further considered a communication from the Director of Finance, dated April 13, 2012, approved for submission by the Mayor, regarding the assignment of fund balance, the Council does hereby authorize the Director of Finance to assign fund balance based upon intent to spend fund resources for a specific purpose, FURTHER, for fiscal year 2011, the Council does hereby authorize that one year's worth of PRDA debt service in the amount of $577,800 00 be classified as assigned fund balance in the General Fund, and the Finance Director is hereby requested to do all things necessary or incidental to the full performance of this resolution Robinson indicated the subject matter of Annual Audit Reports would remain in the Finance, Budget and Technology Committee at this time (CR 367-02) A communication received from Brandon Kritzman, received at the Economic Development, Community Outreach and Strategic Planning Committee meeting of May 2, 2012, re the subject of creating a "Downtown Livonia" area entitled "Livonia tomorrow", was received and placed on file for the information of the Council (CR 35-12) An e-mail communication from Maureen Miller Brosnan, dated May 3, 2012, re in regard to the Livonia Visioning Process, notes from trip to Ohio and request for qualification considerations as it pertains to the subject of creating a "Downtown Livonia" area, was received and placed on file for the information of the Council (CR 35-12) On a motion by Laura, seconded by McCann, and unanimously adopted, it was #216-12 RESOLVED, that having considered the report and recommendation of the Economic Development, Community Outreach and Strategic Planning Committee, dated May 2, 2012, submitted pursuant to Council Resolution 35-12, regarding the subject of creating a "Downtown Livonia" area, the Council does hereby amend and revise Council Resolution 35-12 so as to read as follows RESOLVED, that at the request of Councilmember Joe Laura and further discussion by the Council, the Council does hereby refer Regular Meeting Minutes of May 23, 2012 38297 the subject matter of creating a "Livonia Tomorrow" to the Economic Development, Community Outreach and Strategic Planning Committee for its report and recommendation On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #217-12 RESOLVED, that having considered the report and recommendation of the Economic Development, Community Outreach and Strategic Planning Committee, dated May 2, 2012, submitted pursuant to Council Resolution 35-12, regarding the subject of creating a "Livonia Tomorrow", the Council does hereby refer the subject of drafting a request for qualifications for vendors to guide and direct a visioning process for the City to the Administration, with such information to be submitted to Council within 30 days (June 25th) if at all possible A communication from the Engineering Division, dated April 30, 2012, re an update on the State Revolving Fund (SRF) Project Plan & Sanitary Sewer Evaluation Survey (SSES), was received and placed on file for the information of the Council (CR 51-11) A communication from Orchard, Hiltz & McCliment, Inc , dated May 7, 2012, re Draft SRF Project Plan as prepared for the City of Livonia, was received and placed on file for the information of the Council (CR 51-11) A communication from Orchard, Hiltz & McCliment, Inc., dated May 7, 2012, re presentation materials entitled "Sanitary Sewer Improvements — SRF Project Plan", was received and placed on file for the information of the Council (CR 51-11) Brosnan provided a verbal update on the subject of the FY 2012 State Revolving Fund (SRF) Project Plan and Sanitary Sewer Master Plan and indicated the subject matter would remain in the Infrastructure and Community Transit Committee at this time (CR 51-11) A communication from the Department of Law, dated May 21, 2012, re conditional rezoning statement of conditions for rezoning petition as submitted by Regular Meeting Minutes of May 23, 2012 38298 Menard, Inc for property located at 12701 Middlebelt Road, was received and placed on file for the information of the Council (Petition 2012-01-01-01) Pastor took from the table for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 26 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 ADDITION SECTION 3 THERETO (Petition 2012-01-01-01) 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 On a motion by Pastor, seconded by McCann, and unanimously adopted, it was #218-12 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 2012, which transmits its resolution 05-47-2012, adopted on May 8, 2012, with regard to Petition 2012-04-02-11, submitted by Menard, Inc requesting waiver use approval to construct a new home improvement store on the west side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road (12701 Middlebelt Road) in the Northeast % of Section 26, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2012-04-02-11 is hereby approved and granted, subject to the following conditions 1 That the Site & Landscape Plan marked CT2 dated May 7, 2012, prepared by Menards, is hereby approved and shall be adhered to subject to the following stipulations - That additional landscaping and trees shall be installed along Middlebelt Road at the front of the property adjacent to the east entrance drive and along the side of the drive, Regular Meeting Minutes of May 23, 2012 38299 - That all permanent lawn areas, except for the detention pond and outlot area, shall be sodded in lieu of hydroseeding, That all permanent lawn and landscape areas shall be irrigated, - That the Petitioner shall work with Staff to substitute tree species from the City's approved list of trees, and That all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition 2 That the Landscape Plan marked CT5 dated May 7, 2012, prepared by Menards, is hereby approved and shall be adhered to, 3 That the Building Elevations Plan marked CT3 dated April 16, 2012, prepared by Menards, is hereby approved and shall be adhered to, 4 That the primary building material on the front of the building shall be tan split-face concrete blocks, as shown on the above referenced Building Elevation Plan, 5 That all customer parking spaces shall be ten (10') feet in width and double striped, 6 That the deficiency with respect to the number of required parking spaces shall require a variance from the Zoning Board of Appeals, 7 That all pole mounted light fixtures shall be shielded to minimize glare trespassing on adjacent properties and roadway and such equipment shall not exceed 30 feet in height above grade, 8 That the petitioner shall secure the necessary stormwater permits from Wayne County, the City of Livonia, and/or the State of Michigan, 9 That the prohibition of outdoor sales, storage or display of merchandise shall be waived or modified by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; 10 That wall signage and freestanding sign for this use shall be limited to the signs portrayed on the above referenced Building Elevation Plan and on the Sign Plan marked CT3 dated April 16, Regular Meeting Minutes of May 23, 2012 38300 2012, prepared by Menards, subject to variance(s) being granted by the Zoning Board of Appeals for excess sign area and excess number of wall signs on the east elevation Any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 11 That the Petitioner shall install internal signage along the east drive that directs northbound exiting traffic to use the light at Industrial Road and signage to discourage left turns onto Middlebelt Road from the east drive, 12 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, and 13 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the building permits On a motion by Pastor, seconded by Brosnan, it was #219-12 RESOLVED, that the Council does hereby waive the prohibition of outdoor sales, storage or display of merchandise in connection with a retail sales building that contains a gross floor area of 30,000 square feet or more as set forth in Section 11 03(t)(1) of Zoning Ordinance No 543, as amended, in connection with the approval of waiver use Petition 2012-04-02-11, and the outdoor storage and display of store merchandise at the home improvement store shall be permitted 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 Brosnan, and unanimously adopted, it was #220-12 RESOLVED, that having considered a communication from the Department of Law, dated May 21, 2012, approved for submission by the Mayor, to which is attached a proposed Conditional Rezoning Statement of Conditions pertaining to Petition 2012-01-01-01, submitted by Menard, Inc , the Council does hereby approve same and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Regular Meeting Minutes of May 23, 2012 38301 Livonia, to affix their signatures to such statement of conditions and to do all other things necessary to the full performance of this resolution On a motion by Robinson, seconded by Brosnan, and unanimously adopted, it was #221-12 RESOLVED, that having considered a communication from the City Planning Commission, dated May 9, 2012, which transmits its resolution 05-45-2012, adopted on May 8, 2012, with regard to Petition 2012-04-02-10, submitted by Anthony C lsa 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 an existing full service restaurant (Tony's Kitchen, a/k/a Dee Dee's) located on the north side of Plymouth Road between Farmington Road and Stark Road (34110 Plymouth Road), in the Southeast 1/4 of Section 28, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2012-04-02-10 is hereby approved and granted, subject to the following conditions 1 That the use of a Class C license at this location shall be permitted only under the circumstances that 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 is waived by the City Council, 2. That no alcoholic beverages shall be served after 11 00 p.m and alcoholic beverages may be served up to 11 00 p m as long as food is also served, 3 That the waiver use is limited to the property being used for Class C liquor license purposes in connection with a service bar only; 4 The Petitioner shall not engage in any form of solicitation for business within the public right-of-way of Plymouth Road, 5 That the petitioner shall enter into a conditional agreement limiting this waiver use to this user only, with the provision to extend this waiver use to a new user only upon the approval of the new user by the City Council, and 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 Regular Meeting Minutes of May 23, 2012 38302 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 On a motion by McCann, seconded by Pastor, and unanimously adopted, it was #222-12 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia, located in the Northwest 1/4 of Section 2, consisting of approximately 77 acres, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 115", and WHEREAS, written notice has been given by certified mail to all owners of real property within the boundaries of City of Livonia Industrial Development District No 115 regarding the Council's pending action on this resolution and of their right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 115, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 115, and WHEREAS, on Monday, May 14, 2012, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 115, at which time all interested owners, residents and taxpayers of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial District No 115 " Regular Meeting Minutes of May 23, 2012 38303 EXHIBIT A The east 132 feet of the west 679 5 feet of the south 253 7 feet of the north 313 7 feet of the Northwest % of Section 2, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan There was no Audience Communication at the end of the meeting President Toy wished everyone a safe and Happy Memorial Day weekend On a motion by Brosnan, seconded by Laura, and unanimously adopted, this 1705th Regular Meeting of the Council of the City of Livonia was adjourned at 8 54 p m /-tkt-f-CL Terry iMarecki, City Clerk