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HomeMy WebLinkAboutCOUNCIL MINUTES 2016-06-20 REVISED 39843 REVISED MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND THIRD REGULAR MEETING OF JUNE 20, 2016 On June 20, 2016 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by Vice President Kritzman at 7:00 p.m. Councilmember Brosnan led the meeting in the Invocation. Roll was called with the following result: Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr, Brian Meakin and Vice President Brandon Kritzman. Absent: Kathleen McIntyre. Elected and appointed officials present: Mark Taormina, Director of Economic Development and Planning; David Lear, City Engineer III; Don Knapp, City Attorney; Susan M. Nash, Clerk; Judy Priebe, Director of Legislative Affairs; Lynda Scheel, Treasurer; Ted Davis, Superintendent of Parks and Recreation; and Mayor Dennis Wright. On a motion by Meakin, supported by Jolly, it was- #233-16 RESOLVED, that the Minutes of the 1,802nd Regular Meeting of the Council held June 6, 2016 are hereby approved as submitted. AYES: Jolly, Bahr, Meakin, and Kritzman NAYS: None PRESENT: Brosnan, White The Vice President declared the resolution adopted. Meakin spoke about the "Music from the Heart" series which began with a performance by the Livonia Symphony Orchestra and continues to run on Thursday nights in the front of City Hall through September 1, 2016. 39844 Regular Meeting Minutes of June 20, 2016 He then presented a Certificate of Recognition to the Wolverine Sports and Conservation Club for being awarded the 2016 Community Service Award from MParks and thanked them for their many contributions to the City. White reminded everyone that the 66th Anniversary Spree begins June 21St, 2016 at 4:00 p.m. and runs through Sunday, June 26th with a spectacular fireworks display. She provided a telephone number and website address for people to get more detailed information on the event. She then stated that the International Rotary Club is sponsoring a 5K and one mile fun run which is being held on Sunday, June 26th, at 8:30 a.m. in front of City Hall, followed by a free pancake breakfast and those interested can register on line on the Spree's website. Vice President Kritzman wished his daughter Isabella a Happy Birthday. Brosnan spoke about the Motor City Irish Festival which was held at Greenmead this past weekend and invited Chairperson Kevin Murphy to the podium to report on the event. Murphy stated the affair was a great success and was overwhelmed by the graciousness of the City and their personnel in making it so and hoped this was the beginning of a long term relationship of holding the event at Greenmead. Vice President Kritzman stated there was new data received on Items 14 and 28 and that the new data for Item 28 included a request to take the item off tonight's agenda. During Audience Communication Brian Duggan, 14315 Denne, requested Council to put into the Committee of the Whole the topic of a timeline within which utilities would be required to repair areas that were torn up in the process of doing their work. Councilperson Meakin suggested that would be better suited to be referred to the Administration for their report and recommendation. Kristal Greniuck-Wioncek, 33044 Five Mile, Treasurer of the Livonia Storm, talked about the 11th Annual Livonia Storm's Girls Fast Pitch tournament held at Bicentennial Park and gave a brief history on the organization and the event. She commended the Parks and Recreation crew and George Murphy's Restaurant for their help in facilitating the tournament. Mayor Wright thanked the Livonia Fire and Police for their help with the incident at Arden Park three weeks ago 39845 Regular Meeting Minutes of June 20, 2016 A communication from the Department of Finance dated May 20, 2016, re: forwarding various financial statements of the City of Livonia for the month ending April 30, 2016, was received and placed on file for the information of the Council. On a motion by Brosnan, supported by Bahr, it was- #234-16 RESOLVED, that having considered a letter from Laura M. Walker, dated May 24, 2016, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, for the purpose of conducting a party with a live band at 14445 Huff Court from 7:00 p.m. to 10:45 p.m. on Saturday, July 30, 2016, the Council does hereby determine to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances between the hours of 7:00 p.m. to 10:45 p.m. on Saturday, July 30, 2016. #235-16 RESOLVED, that having considered a letter from Tom Progar, VegMichigan Summer Festival Coordinator, received by the Office of the City Clerk on May 23, 2016, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, in order to hold a summer festival with live bands at Madonna University located at 36600 Schoolcraft Road from 12:30 p.m. to 6:00 p.m. on Sunday, August 7, 2016, the Council does hereby determine to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances between the hours of 12:30 p.m. to 6:00 p.m. on Sunday, August 7, 2016. #236-16 RESOLVED, that having considered a communication from the City Engineer, dated May 12, 2016, approved for submission by the Mayor, to which is attached a letter from Robert and Susan Favor, received by the Office of the City Clerk on May 12, 2016, requesting a waiver of the sidewalk requirement in order to remove the existing sidewalk in front of the residence located at 18601 Brentwood Street, in the NW '/4 of Section 12, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area; FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date. #237-16 RESOLVED, that having considered a communication from the City Engineer, dated May 12, 2016, approved for submission by the Mayor, to which is attached a letter from Brian Duggan, D.S. Homes, LLC, dated May 11, 2016, requesting a waiver of the sidewalk requirement in 39846 Regular Meeting Minutes of June 20, 2016 front of the residence located at 30687 Munger, in the NW '/4 of Section 14, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area; FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date. #238-16 RESOLVED, that having considered an application from Ray Franges, Mark Miller and James Rumrill, 14430 Brentwood, dated May 10, 2016, requesting permission to close Brentwood Street between Jacquelyn and Meadowlark, on Saturday, August 27, 2016, from 11:00 a.m. to 10:00 p.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 28, 2016, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #239-16 RESOLVED, that having considered an application from Keleigh Styles, dated May 25, 2016, requesting permission to barricade Van Court between Raleigh and Levan,each day,from Monday,August 8,2016 through Friday,August 12, 2016, from 9:00 a.m. to 1:00 p.m., for the purpose of conducting Vacation Bible School, the Council does hereby grant permission to barricade Van Court between Raleigh and Levan, each day, from Monday, August 8, 2016 through Friday, August 12, 2016, from 9:00 a.m. to 1:00 p.m., the action taken herein being made subject to the approval of the Police Department. #240-16 RESOLVED, that having considered an application from Ron Bozzi, 18173 Lathers, dated May 27, 2016, requesting permission to close Lathers Street between Gilman and Curtis Street, on Saturday, July 167 2016, from 12:00 p.m. to 11:00 p.m., for the purpose of conducting a block party, with a live band, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #241-16 RESOLVED, that pursuant to Section 21.02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 110 of the Public Acts of Michigan of 2006, as amended, Craig S. Pastor, 20072 Parker, Livonia, Michigan 48152, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2019, with all the authority and duties as set forth in the said Zoning Ordinance and Act 110. #242-16 RESOLVED, that having considered the report and recommendation of the Director of Community Resources and the Director of Public Works, dated May 10, 2016, which bears the signature 39847 Regular Meeting Minutes of June 20, 2016 of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of two (2) 2017 Ford Transit 350 HD EL Dual Rear wheel 15-passenger wagons, at a cost of $33,190.00 each, for a total cost not to exceed $66,380.00, and the conversion of said vehicles at a cost of$35,202.00, from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, for a total amount not to exceed $101,582.00, as replacement vehicles for Livonia Community Transit, the same to be expended from funds already budgeted for this purpose in the Capital Outlay Budget for the Community Resources Department, Account No. 218-889-985-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price under Contract No. 071 B1300009 and Macomb County Contract #71-15, 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 authorize the disposal of the replaced vehicles at public auction hosted by the Michigan Inter- governmental Trade Network (MITN) or commercial auction after receipt of the new vehicles. #243-16 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated May 16, 2016, 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 Jacobsen, 25125 Trans-X Rd., Novi, MI 48375, for supplying the Department of Parks and Recreation with one (1) Jacobsen GP400 Demo Golf Course Greens Mower for Whispering Willows Golf Course at a total cost of$23,296.20,with a two-year warranty, the same having been in fact the lowest bid received which meets specifications; FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $23,296.20 from funds already budgeted in Account No. 409-000-974-101 for this purpose; FURTHER, the Council does hereby authorize the disposal of the replaced mower at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new mower. #244-16 RESOLVED, that having considered a communication from the Superintendent of Public Service and the Director of Public Works, dated May 11, 2016, 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 Jan Door, 14351 W. Warren, Dearborn Heights, MI 48126 for performing all work required in connection with replacing thirteen (13) overhead doors (two at City Hall and eleven at the Fleet Maintenance Garage) for the total amount not to exceed $39,774.49, the same having been the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $39,774.49 from funds already budgeted in Account No. 401-000-971-000 (Capital Projects Fund)for this purpose; FURTHER, 39848 Regular Meeting Minutes of June 20, 2016 in the event that the low bidder is unable to complete the project, the Council does hereby accept the bid of the second lowest bidder, Suburban Door, 28003 Five Mile, Livonia, MI 48154, to perform all work required in connection with replacing the thirteen (13) overhead doors for the total amount not to exceed $42,500.00; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary. #245-16 RESOLVED, that having considered a communication from the City Engineer, dated May 23, 2016, 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, for and on behalf of the City of Livonia, accept a $7,068.00 grant from Detroit Edison Company (DTE); FURTHER, the Council does hereby appropriate and authorize an additional expenditure in an amount not to exceed $47,864.00 from the unexpended fund balance of the Capital Projects Fund (401) for contribution-in-aid construction to be paid to the Detroit Edison Company, Community Lighting Group, 8001 Haggerty Road, Belleville, Michigan 48111, and included with the agreement with DTE, with the understanding that the Energy Optimization (EO) Rebate in the amount of $11,186.00 will be reimbursed to the City upon completion of the work; FURTHER, the Council does hereby authorize the use of these grant funds and City funds to retrofit 124 Mercury Vapor Streetlights to LED along Farmington Road from Six Mile Road to Eight Mile Road, which is estimated to produce an energy cost savings of $29,521.72 annually, and the City Engineer is hereby authorized to approve any minor adjustments in the work as may be necessary; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the agreement with DTE 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. #246-16 RESOLVED, that having considered a communication from the City Engineer, dated May 23, 2016, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, regarding approval to retrofit Mercury Vapor Streetlights to LED along Farmington Road from Six Mile Road to Eight Mile Road, the Council does hereby refer the question of the cost of total street light replacement with LED'S to the Infrastructure and Community Transit Committee for its report and recommendation. #247-16 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 25, 2016, 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 Rotondo Construction Corporation, 38807 Ann Arbor Road, Suite 2, Livonia, MI 48150 for completing all work required in connection with the 2016 Concrete Road 39849 Regular Meeting Minutes of June 20, 2016 Selective Slab Replacement Program—Contract 16-J on various concrete streets throughout the City of Livonia, at the unit prices bid for a total amount not to exceed $94,768.00, 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, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby authorize a budget transfer in an amount not to exceed $19,768.00 from funds budgeted in Account No. 202-463-818-118 (Major Road Fund — Lane Line Marking) to Account No. 204-463-818-119 (Roads, Sidewalk& Tree Fund — Pavement and Catch Basin Repair) for this purpose; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $94,768.00 from funds already budgeted in Account No. 204-463-818-119 (Road, Sidewalk and Tree Fund — Pavement and Catch Basin Repair) for this purpose; FURTHER, the City Engineer is hereby authorized to approve any minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract, approved as to form and substance by the Department of Law, 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 roll call vote was taken on the foregoing resolutions with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin, and Kritzman NAYS: None The Vice-President declared the resolutions adopted. A communication from the Department of Law dated June 13, 2016, re: Proposed Vacating Ordinance, Petition 2015-07-03-01, was received and placed on file for the information of the Council. White gave first reading to the following Ordinance: AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. 39850 Regular Meeting Minutes of June 20, 2016 The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. White invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman NAYS: None The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication. White gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 10 (VEHICLES AND TRAFFIC ) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. Bahr took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 13.03 OF ARTICLE XIII, (P DISTRICT REGULATIONS) OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE." (Petition 2016-02-06-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman NAYS: None 39851 Regular Meeting Minutes of June 20, 2016 The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication. Meakin took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman NAYS: None The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication. Meakin took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman NAYS: None The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication. Meakin took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 39852 Regular Meeting Minutes of June 20, 2016 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman NAYS: None The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication. Bahr took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 130 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman NAYS: None The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication. Bahr took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman NAYS: None The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Brosnan, supported by Meakin, it was: 39853 Regular Meeting Minutes of June 20, 2016 RESOLVED, that having considered a letter from Kathy Wasil, dated May 2, 2016, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, for the purpose of conducting a graduation luau party at her home located at 10580 Laurel, from 3:00 p.m. to 12:00 a.m. on Saturday, July 16, 2016, the Council does hereby determine to waive Section 8.32.070 (Noise Control)of the Livonia Code of Ordinances between the hours of 3:00 p.m. to 12:00 a.m. on Saturday, July 16, 2016. Dave Wasil, 10580 Laurel, spoke on his request. Joseph Olsen, 10632 Laurel, voiced his opposition to the request. Following discussion by Council, Brosnan offered the following friendly amendment to the resolution, supported by Meakin- #248-16 RESOLVED, that having considered a letter from Kathy Wasil, dated May 2, 2016, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, for the purpose of conducting a graduation luau party at her home located at 10580 Laurel, from noon to 10:00 p.m. on Saturday, July 16, 2016, the Council does hereby determine to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances between the hours of noon to 10:00 p.m. on Saturday, July 16, 2016. with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman NAYS: None The Vice President declared the resolution adopted. On a motion by White, supported by Brosnan, it was- #249-16 RESOLVED, that having considered a communication from the City Engineer, dated May 12, 2016, approved for submission by the Mayor, to which is attached a letter from Michael Soave, President, Soave Homes, Inc., dated May 11, 2016, requesting a waiver of the sidewalk requirement in front of the residence located at 15231 Santa Anita, in the NE '/4 of Section 24, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time; FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date. 39854 Regular Meeting Minutes of June 20, 2016 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brosnan, Jolly, White, Meakin NAYS: Bahr, Kritzman The Vice President declared the resolution adopted. On a motion by Brosnan, supported by Meakin, it was- #250-16 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated May 10, 2016, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits Resolution#3500- 16 adopted by the Parks and Recreation Commission on May 4, 2016, in connection with proposed fee increases for Park Pavilions, Adult Leagues, Field Permits, Outdoor Swimming, and Playground Program to help offset the cost of operation, the Council does hereby approve the fee increases as set forth in Parks and Recreation Commission Resolution #3500-16, adopted on May 4, 2016. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brosnan, White, Bahr, Meakin, Kritzman NAYS: Jolly The Vice President declared the resolution adopted. On a motion by White, supported by Brosnan, and unanimously adopted, it was: #251-16 RESOLVED, that having considered a communication from the City Treasurer dated June 1, 2016, regarding the replacement of sidewalks in the City of Livonia on the following parcels in the following amounts: Parcels of property and assessment, as outlined in the Treasurer's letter, dated June 1, 2016, is included herein by reference; which work was done pursuant to Council Resolution 92-16 and in accordance with the provisions of Section 12.04.340 of the Livonia Code 39855 Regular Meeting Minutes of June 20, 2016 of Ordinances, Title 12, Chapter 4, and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby, pursuant to the provisions of Section 3.08.150 of the Livonia Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special assessment is placed upon such property for said charges; FURTHER, the Council does hereby authorize installment payments in the number of three (3) installments at 6% interest where assessments exceed $400 and the property owner has requested such installments; FURTHER, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City, and where payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable therewith on the next general tax roll; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. Vice President Kritzman stepped down from the podium at 7:48 p.m. to avoid any perceived conflict of interest and passed the gavel to Brosnan. On a motion by Meakin, supported by Jolly, it was- #252-16 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 23, 2016, which bears the signature of the Director of Finance and the City Attorney, is approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a proposed Contract Amendment from Hubbell, Roth & Clark, Inc., dated May 20, 2016, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract amendment between the City of Livonia and Hubbell, Roth and Clark, Inc., 555 Hulet Drive, P.O. Box 824, Bloomfield Hills, Michigan 48303-0824, to provide design engineering services forthe Amrheim Road Reconstruction Project, to reconstruct Amrheim Road from Eckles Road to 3,500 feet east of Eckles Road, in an amount not to exceed $110,800.00; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $110,800.00 from the Unexpended Fund Balance of the Major Road Fund (202); and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary. 39856 Regular Meeting Minutes of June 20, 2016 A roll call vote was taken on the foregoing resolution with the following result: AYES: Jolly, White, Bahr, Meakin and Brosnan NAYS: None Councilperson Brosnan declared the resolution adopted. Vice President Kritzman returned to the podium at 7:49 p.m. and resumed the gavel. Councilperson Meakin stepped down from the podium at 7:50 p.m. to avoid any perceived conflict of interest. On a motion by Bahr, supported by Jolly, it was- #253-16 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 2016, approved for submission by the Mayor, which transmits its Resolution #05-35-2016, adopted on May 10, 2016, with regard to Petition 2016-04-02-06, submitted by O'Malley's Bar and Grill for waiver use approval, to expand the existing food service operation and Class C Liquor License of the restaurant to include an outdoor dining patio located on the west side of Farmington Road between Lyndon Avenue and Five Mile Road (15231 Farmington Road), in the Northeast 1/4 of Section 21, The Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2016-04-02-06 is hereby approved and granted, subject to the following conditions- 1. onditions:1. That the plans submitted by O'Malley's Bar & Grill, as received by the Planning Commission on April 20, 2016, are hereby approved and shall be adhered to; 2. That the petitioner shall work with the City of Livonia Inspection and Engineering Departments in the final design and location of the piers so as to minimize encroachment into the sanitary sewer easement; 3. That the issues as outlined in the correspondence dated April 26, 2016 from the Livonia Fire and Rescue Division shall be resolved to the satisfaction of the Inspection Department and/or Engineering Department; 4. That the petitioner agrees to hold the City harmless should any needed repairs to the sanitary sewer cause damage to the patio; 39857 Regular Meeting Minutes of June 20, 2016 5. That the number of outdoor patio seats shall not exceed a total of thirty-six (36) seats; 6. That unless approved by the proper local authority, any type of exterior advertising on the patio, such as promotional flags, streamers or umbrellas designed to attract the attention of passing motorists, shall be prohibited; 7. 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; 8. That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject property(s) would share parking and access, be supplied to the City; 9. That no advertising shall be permitted on any of the seating or table apparatus of the outdoor patio area; 10. That all light fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways; 11. That the Planning and Inspection Departments shall approve the location, size and type of potted plant materials placed along the outside edge of the patio; 12. 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; 13. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; and 14. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brosnan, Jolly, White, Bahr and Kritzman NAYS: None 39858 Regular Meeting Minutes of June 20, 2016 The Vice President declared the resolution adopted. Councilperson Meakin returned to the podium at 7:52 p.m. An email communication from Andrew Richner, Clark Hill, received in the Office of the City Clerk on June 20, 2016, re: Agenda Item Number 28, requesting that their waiver Petition 2015-06-0208 (The Kroger Company) for a Specially Designated Distributor License transfer be taken off the June 20, 2016 Meeting Agenda and moved to the Regular Meeting of July 11, 2016. At the request of the Chair, Item No. 28 was removed from the Agenda. On a motion by Brosnan, supported by Jolly, and unanimously adopted, it was: #254-16 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 424, more particularly described in Council Resolution 212-16, adopted on May 16, 2016, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Wednesday, June 1, 2016, at City Hall, 3300 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which to determine necessity to include two (2) outlots at 9824 and 9825 Richfield to the Special Assessment Street Lighting Project in the Churchill Manor Site Condominiums, located west of Newburgh Road and north of Joy Road, in the Southeast 1/4 of Section 31 in said Special Assessment District No. 424; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine necessity to include two (2) outlots at 9824 and 9825 Richfield to the Special Assessment Street Lighting Project in the Churchill Manor Site Condominiums and that the assessments set forth in said Special Assessment District No. 424 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; said Special Assessment Roll No. 424 is hereby approved and confirmed in all respects and pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date 39859 Regular Meeting Minutes of June 20, 2016 of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended. There was no Audience Communication at the end of the meeting. On a motion by Meakin, supported by Brosnan, and unanimously adopted, this 1,803rd Regular Meeting of the Council of the City of Livonia was adjourned at 7:54 p.m. on June 20, 2016. Susan M. Nash City Clerk