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HomeMy WebLinkAboutCOUNCIL STUDY - 2013-02-25 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD FEBRUARY 25, 2013 Meeting was called to order at 8:00 p.m. Present: John Pastor, Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, and Laura Toy. Absent: James McCann, and Joe Laura. Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Terry Marecki, City Clerk; and Jack E. Kirksey, Mayor. President Toy announced there is new data on Items #1, #27 #67 #9 and #10, and Item #2 is being withdrawn at the Petitioner's request. AUDIENCE COMMUNICATION: Father George Shaloub, from St. Mary's invited the public to attend a historical gathering this Saturday, March 2, 2013 at St. Mary's Church, it is titled Meeting the Critical Challenges of Effective Parenting. They will have a guest speaker from Boston, Massachusetts, Dr. John Chirban. Seminar registration begins at 9:30 a.m. and the program will conclude at 2:00 p.m., anyone interested may contact the church office at (734) 422-0010 or you may register online at www.saintmarylivonia.com. Kritzman said he had been asked to work on the Larry Nehasil Memorial Committee. He said for those who may not know, it was formed to help commemorate the loss of Larry Nehasil, who was the first Livonia Police Officer feloniously killed in the line of duty in our community. The intent was to take Civic Center Campus Park rename it Larry Nehasil Park and create a memorial monument and plaza. Last Wednesday conceptual drawings were unveiled. There are two separate sponsorship programs; the major sponsorship program and the brick paver sponsorship program. Community participation in the brick paver program was encouraged. Brosnan announced that the Livonia Save Our Youth recently held their 2nd Annual Summit. They will be analyzing the data gathered and reporting back their finds with suggestions and ideas on how to enhance the lives of the youth in our community. President Toy talked about the serious issue of Human Trafficking. She said there was case of Human Trafficking on the news just last night. The estimated number of girls under the age of 18 affected here in Michigan is between 117 to 150 girls. Michigan's close proximity to Canada and its borders increase the likelihood of Human Trafficking here in the state of Michigan. The average age for a girl to be trafficked is 13 years old; 76 percent of trafficking happens on the internet. This issue needs to be watched; it has no social or cultural barriers. There will be national experts coming to Lansing to speak on Human Trafficking in the Boji Tower, May 7, 2013 at 9:00 a.m. to bring awareness to this serious issue. 2 NEW BUSINESS 1. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Dean DeVonce, DeVonce Custom Construction, re: for the new home being constructed at 9026 Hartel. Kritzman offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 2. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Gary B. Nixon, re: to allow a bluegrass band to play at a birthday party being held at Rotary Park in the main pavilion, on Saturday, May 25, 2013, from the hours of 1:00 PM until 4:00 PM. At the direction of the Chair, this item was withdrawn at the Petitioner's request. 3. REQUEST TO DESIGNATE MARCH 22, 2013 THROUGH MARCH 24, 2013 AS "KNIGHTS OF COLUMBUS HELP PEOPLE WITH INTELLECTUAL DISABILITIES DAYS" IN THE CITY OF LIVONIA- O.J. Lenze II, Grand Knight, Knights of Columbus, re: to coincide with their annual Tootsie Roll Fund Drive which takes place at area businesses. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO ADOPT RESOLUTION PROCLAIMING FRIDAY, APRIL 26, 2013 AS ARBOR DAY IN THE CITY OF LIVONIA- Bill Craig, Tree City Committee Chairman and Paul St. Henry, Superintendent of Public Service — Operations, re. to be celebrated at 1:30 p.m. at Roosevelt Elementary. Kevin Maillard, Director of Public Works, was present to answer any questions from Council. Brosnan said it is always a good time and invited the public to attend. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. AWARD OF BID: Public Service Division, re: for Aggregates (road gravel, slag and stone) for the City's 2013 calendar year requirements from budgeted funds. Kevin Maillard, Director of Public Works, said the Public Service Division went out for bids. Seven companies submitted proposals. They are asking approval for 3 three low bidders for different aggregates, and also are asking approval for the second low bidders in case there is some issue of supply or demand. So if they need the material, they can get it from the second bidder also. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING - CONSENT WITH 2ND LOWEST BIDDERS AS ALTERNATE 6. ADMINISTRATIVE RESPONSE TO COUNCIL RESOLUTION 12-13- Engineering Division, re: a request for administration review of the sidewalk connectivity to the west of Rosedale School on the north and south side of Ann Arbor Trail and a recommendation on funding opportunities available to cover the cost of construction of the sidewalk. (CR 470-12) Todd Zilincik, City Engineer, said the Engineering Department performed a review of the area to the west of Rosedale Elementary School and found that on the North Side of Ann Arbor Trail, 4 houses west of Angeline Circle have no sidewalk: 36914, 36910, 36906, and 36900 (the proposed sidewalk would require the removal of both tree and landscape items and would result in sidewalk being in close proximity of existing houses). All would require right-of-acquisition to construct sidewalk. They also found on the South Side of Ann Arbor Trail the proposed Dinallo Estates located to the east of the Office Building at the southeast corner of Newburgh Road and Ann Arbor Trail (9424 Newburgh Road) would allow an opportunity for a portion of sidewalk to be extended. Depending on development timeframe, sidewalk installation may take several years to complete. The remaining portion to the east of the proposed Dinallo Estates would require tree removal and coordination around utility poles to construct sidewalk. The Engineering Department contacted Sergeant John Gibbs of the Livonia Police Department. He has indicated that there were no accidents for the past 3 years or pedestrian concerns in the area. The Principal of Rosedale Elementary School indicated no concerns had been brought to his attention this school year. Based on their review of the information for Safe Routes to School (SRTS), this program would not be feasible, due to the time necessary for the administrative effort, along with the numerous requirements necessary to even be considered for funding. In addition, the funding does not pay for design and construction engineering, right-of-way acquisition, permit costs, and landscaping to name a few. There is no funding available through the road millage for sidewalk connectivity. The road millage funding is only currently designated sidewalk section(s) heaved by City right-of-way trees. A source of funding that may be considered by City Council would be to require petitioners that are seeking a sidewalk if they were granted a sidewalk waiver petitioners currently only pay a cost of$100.00 to the Clerk's Office. The estimated construction costs could be determined by the Engineering Department based on the frontage and then the funding would be available for future sidewalk gaps within the City as approved by City Council. It is difficult to provide City funding for this request as 4 other requests throughout the City would result from this action. The best way to handle the sidewalk installation is through the special assessment district (SAD) process and hold a public hearing of necessity; this is the recommendation of the Engineering Department. Brosnan offered the approving resolution for the Regular Agenda. DIRECTION: 1) APPROVING — SET P.H. DATE REGULAR TO DETERMINE NECESSITY 2) REFER SUBJECT OF SIDEWALK WAIVERS FOR POTENTIAL FUTURE SIDEWALK FUNDING TO THE INFRASTRUCTURE & COMMUNITY TRANSIT COMMITTEE FOR ITS REPORT & RECOMMENDATION 7. REQUEST FOR AN ADDITION TO THE LOCAL STREET SYSTEM FOR ACT 51 COMPUTATIONS: Engineering Division, re: for the addition of Curtis Court newly opened during 2012. Todd Zilincik, City Engineer, said in accordance with the Michigan Department of Transportation's (MDOT) procedure for adding streets to the City's local street system, the Department of Public Works has requested that the Law Department prepare a resolution with regard to streets (or portion of streets) newly opened during 2012. They recommend Council consideration and adoption concerning the inclusion in the local street system, for Act 51 revenue computation purposes, of the following street: Curtis Court (Starting and ending at eastbound Curtis Road) (Additional) Length: 305.77 ft. Termini: Eastbound Curtis Road Location: S.E. '/4 of Section 11 They recommend Council authorize the City Engineer, acting as the Street Administrator, to apply to the Michigan Department of Transportation for the inclusion of said street in the City's local street system for purposed of computing the City's share of Act 51 revenues. They further recommend approval of the street as a public street for public purposes. Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST TO APPROVE ADDITIONAL FUNDS FOR THE 2012 WATER MAIN IMPROVEMENT PROJECT, CONTRACT 12-M: Engineering Division, re: for connecting and looping the dead end 6-inch mains at the end of Vargo, Bobrich 5 and Bennett located in Section 10 adjacent to Rotary Park prior to road repairs that are part of the 2013 Road Program. (CR 208-12 & 362-12) Todd Zilincik, City Engineer, said as part of the 2010 Water Main Master Plan the Engineering Department bid out approximately 6,210 lineal feet of water main replacement. Five (5) bids were received and the bids ranged from $633,110.00 to $1,024,092.50. The second lowest bidder was $90,000 more than Lawrence M. Clarke, Inc. bid. The contract was awarded to Lawrence M. Clarke, Inc. and the amount of 8-inch water main was reduced from 6,210 to 4,000 lineal feet due to funding issues. Portions for Roseland and Mayfield located in Section 34 were completed in the summer of 2012 and the remaining portions in Section 10 were removed from the contract. Due to the funding issues, there was not enough funding to complete the portion that included connection and looping the dead end 6-inch mains at the end of Vargo, Bobrich and Bennett located in Section 10 adjacent to Rotary Park. This area required a new 8-inch high density polyethylene (HDPE) pipe will be installed via directional drill and a small portion of open cut. The roads for Vargo and Bennett are designated to be improved as part of the 2013 Road Program and they will be working at the end of the cul-de- sac areas. It would be prudent to complete the water main work prior to the road repairs. These proposed water main improvements will provide reliability to the water customers, impact fewer homes for maintenance or future repairs with new gate wells installed, and improved water quality. The contractor has agreed to honor the unit prices and work with the City of Livonia. The contractor will order the pipe and install based on the unit prices bid. There will be a charge for remobilization since the project was not completed at one time. The estimated quantities to install the 8-inch HDPE will be approximately 1,200 lineal feet. In order to proceed with this project, it is respectfully recommended that the Council authorize funding in the amount of $125,000.00 to Lawrence M. Clark, Inc., 50850 Bemis Road, Belleville, MI 48111. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. WAIVER PETITION: Planning Commission, re: Petition 2012-12-02-30 submitted by Allstate Billiards & Spas to expand the outdoor display area, on property located on the north side of Plymouth Road between Merriman Road and Sears Drive (30650 Plymouth Road) in the Southwest '/4 of Section 26. President Toy noted that there was new data received on this Item. Mark Taormina, Director of Planning and Economic Development, said the petitioner is requesting waiver use approval to expand their existing outdoor display area. Allstate Billiards & Spas is located on the northwest corner of Plymouth Road and Sears Drive. The property involved in this request is 12.90 acres in area and is split zoned C-2 (General Business) and M-1 (Light 6 Manufacturing). The area that they're focusing on this evening is closer to Plymouth Road and is zoned C-2 (General Business). Allstate Billiards has occupied the property for several years and a few years back they were granted a waiver use approved for a similar request allowing them to display merchandise outside on a seasonal basis from April 1St through October 1St annually. They are seeking approval to leave the pools up year round, they would be winterized after the season, however, they would remain up. The expanded outdoor display area would extend from the southeast corner of the building towards Plymouth Road for a distance of approximately 95 feet. The parking lot curb would mark the southern limit of the expanded display area, which is coterminous with a 40 foot wide greenbelt that runs parallel to Plymouth Road along the full width of the property. The new display area would be approximately 4,940 square feet in area with dimensions of roughly 95' x 52'. It would occupy the entire eastern end of the existing parking lot. In order to accommodate the new display area, approximately ten (10) existing parking spaces would be removed. Combined, the new and existing outdoor display area would occupy a total of approximately 6,674 square feet. The entire display area would be enclosed by a six foot (6') high decorative black metal fence, similar in design to the enclosure gate that currently extends across the front of the existing display area. A layout plan shows that the new area would showcase swimming pools and accessories. The site plan provides 130 parking spaces in the parking area in front (south) of the building and 34 spaces in the parking lot behind the warehouse for a total of 164 parking spaces, the parking provided would be more than ample for all the uses on the site. The Plymouth Road Authority and the Planning Commission are recommending approval of the site plan as submitted. Scott Bollitier, 36150 Plymouth Road, was present to answer any questions from the Council. Kritzman said there was an item noted from the Inspection Department which references debris and weeds to the rear of the building and also the west property line not being maintained. Additionally, permitting and inspections will be required from the Inspection Department for the renovation to the site plan. Kritzman said there is also a matter of an outstanding water bill that needs to be addressed. Kritzman offered the approving resolution for the Regular Agenda. Robinson asked Don Knapp, City Attorney, if this waiver was specific to the petitioner or if it ran with the land. Knapp replied it runs with the land. Robinson asked if they could inquire if they could make it specific to this petitioner. Knapp said typically that request would have to be made to Council not from Council, the issue for the Council is the use not so much the petitioner, itself, so that presents some difficulty. Robinson asked Knapp if the City has safeguards in place to make sure the property is properly maintained should some other business move in there. Knapp said they would be subject to the conditions of 7 this waiver use. Robinson asked Knapp, in his opinion, if the conditions of the waiver use are reasonable protection for the City. Knapp said he didn't have the original approving resolution in front of him but said they could take another look and see if there are issues that need to be addressed. Robinson said he would appreciate if Knapp would research that and report back and issues of concern to Council prior to the voting meeting. Brosnan asked the petitioner what they would do with the pools if they were to decide to not sell pools anymore. Mr. Bollitier said that actually came up at a previous Planning Commission meeting and it is one of the waiver use stipulations that they would return the property back to its original state if they no longer sold pools. DIRECTION: APPROVING REGULAR 10. WAIVER PETITION: Planning Commission, re: Petition 2013-01-02-01 submitted by Joseph R. Carlton Jr., to operate a limited service restaurant (Carlton's Coffee House) within the Burton Hollow Shopping Center, located on the east side of Farmington Road between Six Mile Road and Curtis Avenue (17162 Farmington Road) in the Southwest '/4 of Section 10. President Toy noted that there was new data received on this Item. Mark Taormina, Director of Planning and Economic Development, This is a request to operate a limited service restaurant within the Burton Hollow Plaza Shopping Center, which is on Farmington Road between Six Mile Road and Curtis Avenue. The plaza is about 50,000 square feet and is divided into roughly 17 tenant spaces. One of the major tenants of the shopping center is a Secretary of State, which operates a SuperCenter at this location. The subject site is zoned C-1, Local Business, where limited service restaurants are permissible upon approval of a waiver use under Section 10.03 of the Zoning Ordinance in the C-1 District Regulations. Limited service restaurants have a maximum seating capacity of 30. The plaza is an "L"-shape configuration. It has some of the units facing along Six Mile Road while others face west towards Farmington Road. This particular unit would be situated adjacent to the Secretary of State SuperCenter and the adjoining barber shop. This is a unit that is relatively narrow. It's only about 20 feet in width and extends for a depth of roughly 80 feet, so it has an area of about 1,600 square feet. The plan is to provide just coffee, soda, pastries, and other confectionaries on a relatively limited basis. They are showing a seating plan and conceptual sketch with a maximum of 30 seats. Food would be available both as a dine-in and carryout service. They are allowed one wall sign at 20 square feet maximum. They are not proposing any exterior changes. Right now there are only two other restaurants in the plaza. One is Pan Pan, which is carryout only, and Subway, which is a limited service restaurant. Subway was approved a couple years ago to have a total of 30 seats, similar to this request. 8 Joe Carlton, 14126 Inkster, Redford, petitioner, was present to answer any questions Council may have. President Toy asked Carlton if he had ever been in the restaurant or coffee shop business before. Carlton replied, no, said he has been a machinist his whole life but saw an opportunity and decided to open up a coffee shop there. Brosnan offered the approving resolution for the Regular Agenda. Robinson noted that there is an outstanding water bill for this unit and asked the petitioner to pass that information along to the landlord and ask that it be paid prior to the voting meeting. DIRECTION: APPROVING REGULAR 11. SITE PLAN PETITION: Planning Commission, re: Petition 2013-01-08-01 submitted by John Del Signore in connection with a proposal to construct an addition to the existing banquet hall (Laurel Manor), located on the north side of Schoolcraft Road between the 1-96 Expressway and Eckles Road (39000 Schoolcraft Road) in the Southwest '/4 of Section 19. Mark Taormina, Director of Planning and Economic Development, said this is a request to construct an addition onto the existing banquet hall, Laurel Manor, which is on Schoolcraft Road between 1-96 and Eckles Road. The addition will be at the northeast corner of the building on the east side of the building. It's about 130,000 square feet in area and it contains several banquet rooms as well as offices, kitchen area, mechanical and utility rooms, corridors and other common gathering areas throughout the facility. The addition is going to go in a part of the building that is located across the hallway from what is referred to as the Willow Room, which is one of the facility's banquet rooms. It's an area adjacent to a small service bar and hallway. Right now this area is used as an outdoor patio area. It's roughly 1,500 square feet in size. It is bounded completely by a low profile perimeter type wall. The idea is to fully enclose that area with an addition. The actual wall along the perimeter of this space would be the permanent walls for the addition. It's kind of a unique shape. It's like a trapezoidal shape. Added to the existing building, it would bring the total area up to about 133,000 square feet. The materials used would match the architecture as well as the materials on the existing building. Doors would provide the necessary ingress and egress to this facility, both to the exterior as well as within the building. It would have separate doors coming into it from the interior of the current hallway or that lounge area that exists right now across from the Willow Room. So it would all be interconnected with the construction of this addition. The architect is present this evening to answer any questions from the Council. The Planning Commission is recommending approval as submitted. 9 Donald A. DiComo, Architect, 19815 Farmington Road, Livonia, Michigan 48152 was present. He said as Mark mentioned, the owner wishes to enclose an existing patio space. It's 1,516 square feet and the entire building is 132,000 square feet. The main reason the owner wants that is because of the Expresso Bar right nearby. People always want to go out and get a special drink and they usually go to the Expresso Bar. By enclosing it, they can make it a year round type of thing. DiComo said he could answer any questions from Council relating to the construction. Vice-President Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12. MASTER DEED, BYLAWS AND SITE PLAN APPROVAL: Planning Commission, re: Petition 2013-01-08-02 submitted by DeFlorio Homes, Inc. in connection with a proposal to construct a single family condominium subdivision (Dinallo Estates), located on the south side of Ann Arbor Trail between Newburgh Road and Levan Road (36905 Ann Arbor Trail) in the Northwest 1/4 of Section 32. Mark Taormina, Director of Planning and Economic Development, said this is a request to construct a detached single family site condominium development that would be called Dinallo Estates. The property that is the subject of this petition is located on the south side of Ann Arbor Trail between Newburgh Road and Levan Road. It's actually closer to Newburgh Road. It's one parcel to the east of Newburgh on the south side of Ann Arbor Trail. Approximately seven years ago, the same property was rezoned under Petition 2005-04-01-03. That rezoning changed the zoning district from RUF, Rural Urban Farm, to its current classification which is R-1, one family residential, allowing for the development of single family homes on lots measuring 60 feet in width by 120 feet in depth. That rezoning was undertaken in anticipation of a previously approved but never developed site condominium that was called Cade Meadows. The Master Deed, bylaws and site plan for Cade Meadows were approved by the City on April 12, 2006. However, no work was ever done, and one year later in April, 2007, the approvals for Cade Meadows officially expired. The design of the new development, Dinallo Estates, is nearly identical to that of Cade Meadows. In terms of what is adjacent to this site, immediately to the south of the property is Kingston Village Condominiums. This is an area that is zoned R-C, Residential Condominiums, and it consists of a 12 unit detached cluster home development. To the south and east of the property are Churchill High School, zoned PL, and Public Lands. To the west are a couple of single family homes as well as a small office building. To the north across Ann Arbor Trail are other single family homes zoned RUF and R-1. Dinallo Estates would occupy portions of two adjacent properties, Lots 759 and 758 that are part of Supervisor's Plat No. 12. Presently, there is a house on a portion of one of the lots that would be separated out from the development so that the southeasterly portion of this site is actually the rear 10 part of where that residence exists. That would be included as part of the development and used for stormwater detention. The main part of the development would be located on land that is presently vacant and vegetated. It contains a number of trees. Altogether the property is just a little over three acres in area. The old plan is virtually identical although it refers to the street name as Cade Court; it may be something different. It gives Council an idea of the layout of the subdivision. It shows 11 single family lots that would front on a proposed new street that would extend from Ann Arbor Trail south about 200 feet where it would end in a cul-de-sac. The right-of-way width of the proposed road is shown to be 50 feet as opposed to 60 feet, which is a typical design standard for residential streets; it can be reduced to 50 feet with Council approval. The R-1 zoning requires the interior lots to be 60 feet by 120 feet or 7,200 square feet in total area. All nine of the interior lots meet or exceed this minimum lot size requirement. There is an additional requirement for lots that are developed with a side yard abutting a major thoroughfare. They are required to have an increased width of at least 30 feet. One of these lots, which is identified on the plan as Lot 11 in the northwest corner adjacent to Ann Arbor Trail, would not be in compliance with this requirement. It is shown to be about 65 feet in width. A variance was approved for the deficient lot width back in 2007 under Case 2007- 4-16. So that has already been approved for that lot as part of the previous development. Taormina said to his knowledge, it runs with the land and is still valid in this case as long as everything else is the same. Stormwater will be handled by means of a detention pond that would be located in the southeasterly portion of the property. This is an area that is directly adjacent to and east of Units 4 and 5. This is where the plan is showing the small detention area in order to accommodate the stormwater from the site. The plans do show a continuous five foot sidewalk being installed on all of the lots and around the cul-de-sac. The petitioner has provided information with the Master Deed and bylaws relative to those issues that we normally look at. In terms of landscaping, Taormina provided a copy of the plan that was approved in 2007. It shows landscaping primarily along the frontage of Ann Arbor Trail, the area surrounding the detention basin, trees in front of each of the lots as required, some landscaping in the center island of the cul-de-sac, which might be adjusted somewhat, and then some additional trees along the west side of the project where it abuts these two existing single family homes and the office building a little bit further to the north. In the resolution that they prepared for this evening, they have indicated that the landscape plan as approved in 2007 would suffice today unless Council wanted to see further changes and have it come back to them. Otherwise, they would review any additional changes and bring that back if Council so requested. The Planning Commission is recommending Council approval. Kritzman asked Taormina to speak about the letter from the Fire Marshal's concern with the turning radius on the cul-de-sac and maneuverability of fire apparatuses. Taormina said ultimately the City Engineer has the final say on the matter. 11 Todd Zilincik, City Engineer, responded by saying that matter came up at the Planning Commission meeting and said it something they can work on together if it is a matter of safety. Kritzman asked if the petitioner was agreeable to modifying the plan to address the safety concern of the turning radius. Victor DeFlorio, 3609 Cedar Brook, Rochester, petitioner said he would be willing to work with the City on the matter and make any recommended modifications with regard to the cul-de-sac turning radius. He displayed some sample pictures of similar homes he built in another surrounding community. He said the homes are approximately 1,900 to 2,100 square feet and he estimated the selling price around the range of$239,000 to $253,000. President Toy asked if anyone from the audience had any comments. Mike Michalski, 36737 Angeline Circle, stated he lives in the subdivision across from this proposed development. He expressed his opposition to the proposed development. He said it will take away the quaintness of the area and put more of a strain on the already strained water and sewer systems. Paul Rossow, 36644 Pinetree, expressed his opposition to the proposed development. He said the developer will have a difficult time selling those homes at that price; it's about $100,000 more than others in the area. He said it will take away from the character of the neighborhood and add congestion. He said if they do approve it, he hopes they will require the developer to downsize the homes and keep the lots more spacious and more like the rest of the homes in the area. Alex Witoslawski, 36021 Perth, expressed his support for the project; he said it would help the City's economic development and tax base. He was also there to support the petitioner and his right to develop his property. Brosnan asked Taormina to confirm that the rezoning was already done years ago and that the matter before Council tonight was the approval of a proposed Site Plan; Taormina confirmed that was correct. She also asked Taormina to confirm that all of the proposed houses conform with the exception of one which the Zoning Board of Appeals has already approved; Taormina confirmed that was also correct. Brosnan said she believes sometimes people hear the word condominium and they envision different ideas. She wanted to point out that many developers use this process as it is easier than going through a plat approval process. She said many of the homes here in Livonia have gone through this process and she wanted everyone to be clear that this is for the development of single residential family homes on single residential lots that conform to the zoning, with the exception of one of the lots which did receive a variance from the Zoning Board of Appeals. She said she is very excited about this project. She said she believes the developer will work with the City to resolve some of the concerns the Fire Department may have about the turning radius. She said she supports this petitioner who is willing to invest in developing single 12 family homes to attract new residents to the City. She added that it would be nice if the petitioner could address the turning radius concern and provide Council with an update prior to the voting meeting. Brosnan offered the approving resolution for the Regular Agenda. Mike Michalski, 36737 Angeline Circle, addressed Council again and said he forgot to mention he had a concern with regard to a left turn into the proposed subdivision. He said it presents a potential traffic concern. President Toy said the City Engineer and petitioner would look into that and thanked him for his comment. Robinson asked Taormina if there was any consideration given in trying to connect the street of this proposed development with the condominium development to the south. Taormina said there wasn't because the condominium to the south has a private road which is maintained solely by the condominium association. He said the likelihood that they would be agreeable to doing that is not very good, he said, in his opinion, it would be difficult to achieve. DIRECTION: APPROVING REGULAR 13. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to add Section 120 to Title 9, Chapter 30 (Narcotic and Dangerous Substances) in order to conform to state law regarding the approved methods of transportation of medical marijuana. Don Knapp, City Attorney, said on December 22, 2012, Governor Rick Snyder signed House Bill 4856 which regulates the transportation of marijuana. The bill amended the Michigan Penal Code to require medical marijuana patients and caregivers to transport marijuana (1) in a case in the trunk of a vehicle or (2) in a case in a portion of a vehicle that is not readily accessible if the vehicle does not have a trunk. Individuals who violate the law are guilty of a misdemeanor that is punishable by imprisonment for up to 93 days, a fine of up to $500, or both. Understanding that, attached for your review and consideration is a proposed amendment to the Livonia Code of Ordinances ("Code") which mimics the new state law. If the City Council adopts this amendment to the Code, the City of Livonia will have the authority to prosecute this offense and retain the fines assessed against anyone found guilty of a violation. Moreover, adoption of this amendment to the Code will provide another tool to law enforcement. This law will help distinguish recreational marijuana users from legitimate medical marijuana patients and caregivers. If the City Council wishes to proceed with approval, the proposed language is ready for first reading. Robinson offered the first reading for the Regular Agenda. DIRECTION: FIRST READING REGULAR 13 AUDIENCE COMMUNICATION: Alex Witoslawski, 36021 Perth, expressed his views on how he felt some of the matters before the Council tonight should be handled. As there were no further questions or comments, President Toy adjourned the Study Session at 9:28 p.m. on Monday, February 25, 2013. DATED: March 7, 2013 TERRY A. MARECKI CITY CLERK