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HomeMy WebLinkAboutCOUNCIL MINUTES 2016-07-25 39886 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FIFTH REGULAR MEETING OF JULY 25, 2016 On July 25, 2016 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Kathleen McIntyre at 7:00 p.m. Councilmember White led the meeting in the Invocation. Roll was called with the following result: Cathy White, Brian Meakin, Brandon Kritzman, Maureen Miller Brosnan, Jim Jolly and Kathleen McIntyre. Absent: Scott Bahr. Elected and appointed officials present: Mark Taormina, Director of Economic Development and Planning; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan M. Nash, Clerk; Judy Priebe, Director of Legislative Affairs; Lynda Scheel, Treasurer; Ronald Taig, Livonia Police Department; and Mayor Dennis Wright. On a motion by Brosnan, supported by Jolly, and unanimously adopted, it was- #285-16 RESOLVED, that the Minutes of the 1,804th Regular Meeting of the Council held July 11, 2016 are hereby approved as submitted. On a motion by Meakin, supported by Brosnan, and unanimously adopted, it was- #286-16 RESOLVED, that the Amended Minutes of the 1803rd Regular Meeting of Council held June 20, 2016 are hereby approved as submitted. The President declared the resolutions adopted. 39887 Regular Meeting Minutes of July 25, 2016 Clerk Nash spoke about the upcoming primary being held on August 2, 2016. She urged people to get out and vote and stated her office will be issuing absentee ballots up until Monday. She then stated there were some changes in some of the voting precincts and that notices were sent to those affected by those changes and that the information is on the City's website as well as signs at all of the precincts. President McIntyre sent birthday greetings to her son Patrick on his 13th birthday. She then wished Judy Priebe happy birthday for the upcoming day on August 2nd and congratulated her on the birth of her tenth grandchild. President McIntyre stated there will be four public hearings being held in the Auditorium at City Hall, 33000 Civic Center Drive, Livonia, MI 48154 on Monday, August 15, 2016: PETITION 2016-04-01-03 submitted by Dave Phipps, to rezone the properties located on the west side of Farmington Road between Lyndon and Five Mile Roads (14851 and 14931 Farmington Road) in the Northeast 1/4 of Section 21, from OS (Office Services) and R-2 (One Family Residential) to R-9-1 (Housing for the Elderly, 4-Stories Maximum Height of Buildings). PETITION 2016-06-01-04 submitted by Soave/Oro Construction, L.L.C., to rezone the property located on the north side of Lyndon between Harrison and Barkley (28200 Lyndon) in the Northeast 1/4 of Section 24, from R-U-F (Rural Urban Farm — minimum '/2 acre lots) to R-2 (One Family Residential — 9,600 sq. ft., 80 ft. x 120 ft. lots). Appeal of the denial of the Planning Commission regarding Petition 2012-09-02-22 submitted by Marx Collision, requesting to modify Council Resolution 462-12 in connection with a previously- approved waiver use adopted on November 21, 2012, in order to allow the overnight outdoor parking and storage of vehicles in connection with the auto repair business, located on the southwest corner of Eight Mile Road and Milburn Avenue (30731 Eight Mile Road), in the Northwest '/4 of Section 2. 39888 Regular Meeting Minutes of July 25, 2016 Appeal of the denial of the Planning Commission regarding Petition 2016-04-02-07 submitted by Laurel Park Retail Properties, L.L.C., requesting waiver use approval to construct and operate a freestanding full service restaurant with drive-up window facilities (Panera Bread) within the parking lot of the Laurel Park Place shopping center located on the north side of Six Mile Road between Newburgh Road and 1-275/96 Expressway (37700 Six Mile Road), in the Southeast '/4 of Section 7. She then announced that there is one X-Item at the end of tonight's agenda as well as new data received on Item 28. During Audience Communication, Christopher Martin, 11037 Hubbard, gave an update on the outcome of his court case and indicated that his property has been listed for sale with a realtor. Diane and Katie Mann of Ingram Street both spoke about the tremendous support the Livonia Fire and Police Departments provided when their detached garage caught fire on Father's Day and they thanked both departments for their exemplary response to their tragedy. A communication from the Department of Finance dated June 20, 2016, re: forwarding various financial statements of the City of Livonia for the month ending May 31, 2016, were received and placed on file for the information of the Council. A communication from the Department of Finance dated June 30, 2016, re: forwarding the Quarterly Investment Report for the City of Livonia as of May 31, 2016, was received and placed on file for the information of the Council. A communication from the Department of Law, dated July 1, 2016, re: International Outdoor, Inc. v. City of Livonia, Michigan Court of Appeals No.: 32543, was received and placed on file for the information of the Council. 39889 Regular Meeting Minutes of July 25, 2016 On a motion by Brosnan, supported by Kritzman, it was- #287-16 RESOLVED, that having considered an application from Nicole Bush, 14641 Susanna, dated June 10, 2016, requesting permission to close Susanna Street between Ross and Donald, on Saturday, August 13, 2016, from 12:00 p.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 14, 2016, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #288-16 RESOLVED, that having considered an application from Christina Zeoli, 14034 Ashurst, dated June 20, 2016, requesting permission to close the west side of Summers Street between the addresses of 34713-34708 Summers and 14074-14092 Riverside Drive on Saturday, August 13, 2016, from 2:00 p.m. to 8:00 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 14, 2016, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #289-16 RESOLVED, that having considered an application from Alan Maliszewski, 32749 Hees Street, dated June 14, 2016, requesting permission to close Hees Street between Hubbard and Georgia, on Saturday, September 10, 2016, from 1:00 p.m. to 10:00 p.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #290-16 RESOLVED, that having considered an application from Jeanine Miller, 9311 Woodring, dated June 23, 2016, requesting permission to close Woodring between Oregon and Vermont, on Saturday, August 13, 2016, from 2:00 p.m. to 10:00 p.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #291-16 RESOLVED, that having considered an application from Colleen Witherspoon, 31155 Minton, dated June 27, 2016, requesting permission to close Minton between Merriman and Sunset, on Saturday, August 27, 2016, from 3:00 p.m. to 10:00 p.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. 39890 Regular Meeting Minutes of July 25, 2016 #292-16 RESOLVED, that having considered an application from Ashton Muller, 18465 Gillman Street, dated July 4, 2016, requesting permission to close Gillman Street between Clarita and Pickford, on Saturday, July 30, 2016, from 2:00 p.m. to 10:00 p.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. An email communication from Paul Stiles, dated July 8, 2016, re. George and Bridget Holton's request to waive the City's Noise Ordinance, was received and placed on file for the information of the Council. #293-16 RESOLVED, that having considered a communication from Bridget Holton, dated June 16, 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 wedding reception with music at their home located at 14389 Bassett Street, on Saturday, August 6, 2016, from 5:00 p.m. until 12:00 midnight, the Council does hereby determine to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances between the hours of 5:00 p.m. and 12:00 a.m. in connection with this event to be held on Saturday, August 6, 2016. #294-16 RESOLVED, that having considered a communication from the Chief of Police, dated June 23, 2016, which bears the signature of the Director of Finance, is approved as to form by the City Attorney, and is approved for submission by the Mayor, to which is attached a proposed Interlocal Agreement between the City of Livonia and the County of Oakland for the purpose of providing Information Technology (I.T.) Services for the City of Livonia (Public Body) pursuant to Michigan Law for a period of five (5) years, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Interlocal Agreement between the City of Livonia and the County of Oakland in the manner and form herein submitted, subject to approval as to form and substance by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution. #295-16 RESOLVED, that having considered a communication from the Chief of Police, dated June 23, 2016, which bears the signature of the Director of Finance, is approved as to form by the City Attorney, and is approved for submission by the Mayor, the Council does hereby authorize the purchase of fifty (50) Cradlepoint rugged modems/routers at a cost of $511.49 each for a total cost of$25,574.50; and fifty (50) Cradlepoint five- year Enterprise Cloud Managers at a cost of$240.93 each for a total cost 39891 Regular Meeting Minutes of July 25, 2016 of $12,046.50; and forty-four (44) Powertech PT50 (pt50bb) antennae at a cost of$97.99 each for a total cost of$4,311.56; and one (1) Powertech PT50 (PT50BW) antenna at a cost of $97.99; plus $293.89 shipping & handling, for a total amount not to exceed $42,324.44, for use by the Uniform Division, from CDW Government, 75 Remittance Drive, Suite 1515, Chicago, IL 60675-1515, utilizing the Michigan Intergovernmental Trade Network (MITN) bid from Oakland County; FURTHER, an amount not to exceed $42,324.44 is hereby authorized to be expended from funds already budgeted for this purpose in Account No. 101-306-971-000 — Police Data Processing (Capital Outlay Minor); FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding for the reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 3.04.140D4 of the Livonia Code of Ordinances, as amended. #296-16 RESOLVED, that having considered a communication from the Chief of Police, dated June 24, 2016, which bears the signature of the Director of Finance, approved as to form by the City Attorney, and is approved for submission by the Mayor, to which is attached a proposed Interlocal Agreement between the City of Livonia and Schoolcraft College for the purpose of defining police services on the Schoolcraft College Campus, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Interlocal Agreement between the City of Livonia and Schoolcraft College in the manner and form herein submitted, subject to approval as to form and substance by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution. A communication from the Office of the City Clerk, dated June 28, 20167 attaching a communication from Michael T. Slater, Treasurer, Plymouth Road Development Authority, dated May 13, 2016, re: Tax Rate Request for the Plymouth Road Development Authority for the 2016 Tax Year, was received and placed on file for the information of the Council. A communication from the Office of the City Clerk, dated June 28, 20167 attaching a communication from David Bergeron, Assistant Superintendent, Clarenceville School District, dated June 23, 2016, re: Tax Rate Request For Clarenceville School District for the 2016-2017 School Year, was received and placed on file for the information of the Council. 39892 Regular Meeting Minutes of July 25, 2016 A communication from the Office of the City Clerk, dated June 28, 2016, attaching a communication from Schoolcraft College, Board of Trustees, dated June 15, 2016, re: Tax Rate Request for the Schoolcraft Community College District for the Year 2016, was received and placed on file for the information of the Council. A communication from the Office of the City Clerk, dated June 28, 2016, attaching a communication from Scott T. Vandemergel, xcvMMAO(4), Director, Division of Assessment and Equalization, Wayne County, dated May 26, 2016, re: Tax Rate Request for the County of Wayne for the year 2016, was received and placed on file for the information of the Council. A communication from the Office of the City Clerk, dated June 28, 2016, attaching a communication from Lisa Abbey, Assistant Superintendent, Livonia Public Schools, dated June 6, 2016, re: Tax Rate Request for Livonia Public Schools for the 2016-2017 School Year, was received and placed on file for the information of the Council. A communication from the Human Resources Director and Secretary to LERS, dated June 6, 2016, re: Livonia Retiree Health and Disability Benefits Plan and Trust (VEBA) 18th Annual Actuarial Valuation Report as of November 30, 2015: Board of Trustees — Livonia Employees Retirement System, was received and placed on file for the information of the Council. A communication from the Human Resources Director and Secretary to LERS, dated June 6, 2016, re: Livonia Employees Retirement System 63rd Annual Actuarial Valuation Report of Defined Benefit Plan (DB) as of November 30, 2015, was received and placed on file for the information of the Council. 39893 Regular Meeting Minutes of July 25, 2016 #297-16 RESOLVED, that having considered a communication from the Human Resources Director, dated June 27, 2016, which is approved for submission by the Mayor, and which transmits resolution #16-95, adopted by the Civil Service Commission on June 15, 2016, wherein the Commission recommended modifications to the Guidelines Regarding the Appearance of City of Livonia Employees in the Civil Service Commission Rules and Regulations, the Council does hereby concur in and approve the recommendation of the Civil Service Commission regarding modifications to the guidelines regarding the appearance of City of Livonia employees as follows: GENERAL EMPLOYEE/ADMINISTRATIVE OFFICES PROFESSIONAL ATTIRE—(MEETINGS WITH OFFICIALS/THE PUBLIC/COURT/VENDORS/CONTRACTORS) APPROPRIATE INAPPROPRIATE Dresses Denim jeans,khakis,cargo style pants,baggy pants Dress shirt with tie Tennis/athletic shoes/hiking boots Dress slacks Sweatshirts of any type Skirt and blouse T shirt of any type Suit/pant suit Shorts,Capri pants or leggings Socks/hosiery Jogging suits Sport coat/blazer Spandex or lycra pants,dresses or skirts Sweater Revealing attire such as mini-skirts or lingerie styled clothes Footwear appropriate to professional business attire Tank tops or halters Casual sandals or clogs Baseball caps/hats Gang attire or insignia BUSINESS CASUAL ATTIRE APPROPRIATE INAPPROPRIATE All above items listed as appropriate may be worn as Denim jeans,baggy pants Business Casual attire in addition to the following: Tennis/athletic shorts/hiking boots Sweatshirts and t-shirts of any type Dress Capris Shorts,casual Capris or leggings Dress shirt(no tire required) Jogging suits Golf or Polo shirts with collar,tucked in(No logos Spandex or lycra pants,dresses or skirts except City/Department logo) Revealing attire such as mini-skirts or lingerie styled clothes Casual slacks(khakis,Dockers,cotton,blend) Tank tops or halters Sport coat/blazer Baseball caps/hats Socks/hosiery Casual sandals or clogs Gang attire or insignia CHARITY JEANS DAY/CASUAL FRIDAY ATTIRE APPROPRIATE INAPPROPRIATE All above items listed as appropriate may be worn as Baggy pants Charity/Casual Friday attire in addition to the Tennis/athletic shoes/hiking boots following: Shorts or leggings Clean,neat jeans(no holes,rips,fraying) Jogging suits Spandex or lycra pants,dresses or skirts Capri pants,casual slacks(khakis,Dockers,cotton Revealing attire such as miniskirts or lingerie styled blend) clothes Golf,polo,rugby,or t-shirts/sweatshirts Tank tops (City/Department logo only—except on city approved team spirit days) Socks/hosiery Baseball caps/hats Footwear appropriate to casual attire Casual sandals or clogs Gang attire or insignia 39894 Regular Meeting Minutes of July 25, 2016 GENERAL EMPLOYEE/FIELD ASSIGNMENTS ATTIRE APPROPRIATE INAPPROPRIATE Khaki or"Docker"style pants Lycra,spandex or tight fitting clothes Dark heavy cotton work pants Sweatpants or jogging outfits Denim jeans(if authorized by department) Shorts or Capri pants Socks Ripped or tattered clothing Work shoes or boots Halter,tank or cropped tops or revealing/low-cut attire Plain t-shirts(white or colored if authorized by Sandals or clogs department) Tennis/gym or casual loafer shoes Collared shirts Baggy pants Plain sweatshirts Gang attire or insignia Baseball cap(no objectionable symbols/words) Protective footwear(Closed toes) UNIFORM EMPLOYEES(POLICE/FIRE)ATTIRE APPROPRIATE INAPPROPRIATE Regulation uniform(clean and well pressed) Mixture of civilian and uniform clothing Socks(black or dark blue) Jewelry(except for watch,ring,identification bracelet, Footwear(well-polished without ornamentation) insignia of rank or position) Badges and insignia(clean and polished) Gang attire or insignia Conservative suit or sport coat and clacks,dress shirt, Long hair,sideburns,mustaches or beards not in tie and compliance with the grooming standards of labor Plain clothes—businesslike appearance contract. Authorized headgear and outerwear subject to Department Head discretion and good judgement relative to the needs of each department. #298-16 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated June 29, 2016, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits resolution #16-100, adopted by the Civil Service Commission on June 15, 2016, wherein the Commission recommended the addition of an autism rider for the City of Livonia Health Insurance Plan for a minimum of four (4) bargaining units that agree to include this autism rider with a signed Memorandum of Agreement, the Council does hereby concur in and approve the recommendation of the Civil Service Commission in the manner and form submitted. #299-16 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 22, 2016, which bears the signature of the Director of Public Works and the Director of Finance, is reviewed as to form by the City Attorney, and approved for submission by the Mayor, to which is attached an Intergovernmental Agreement between the County of Wayne and the City of Livonia for the road improvements of Eight Mile Road (Farmington Road to Golf Ridge Circle) and Seven Mile Road (Farmington Road to Newburgh Road), the Council does hereby approve the proposed Intergovernmental Agreement between the County of Wayne and the City of Livonia; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the Intergovernmental Agreement in the manner and form herein submitted, subject to approval as to form and 39895 Regular Meeting Minutes of July 25, 2016 substance by the Department of Law; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $212,644.00 from funds already budgeted in Account No: 202-463-818-125 (Major Street Fund - City Participation in MDOT and County Projects) for this purpose; FURTHER, the Council does hereby authorize a Working Capital Advance to the County of Wayne in the amount of $106,322.00 as fifty percent (50%) of the City of Livonia's participation of the total project cost; and the City Engineer is hereby authorized to approve any minor adjustments in the work as it becomes necessary. #300-16 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 23, 2016, which bears the signature of the Director of Public Works, and is approved for submission by the Mayor, the Council does hereby authorize the release to Leo Soave Building, Inc., 20592 Chestnut Circle, Livonia, MI 48152, the proprietor of Churchill Manor Site Condominiums, located west of Newburgh Road between Ann Arbor Trail and Joy Road, in the southeast '/4 of Section 31, the financial assurances previously deposited pursuant to Council Resolution 549-06, adopted on November 8, 2006, specifically: a) Sidewalk $5,000.00 (all cash) FURTHER, all other financial assurances now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged; and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia. #301-16 RESOLVED, that having considered a communication from the City Engineer, dated June 27, 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 accept and authorize the unit price bid of Rotondo Construction Corporation, 38807 Ann Arbor Road, Suite 2, Livonia, Michigan 48150, for completing all work required in connection with the City Hall Front Entrance Project, including the removal of deteriorated segments of sidewalk, the reductions of the large sections of concrete sidewalk, the replacement of the existing main ADA ramp on the east side of City Hall and the addition of a new ADA ramp leading from the library parking lot to the south side of city hall; at the unit prices bid for a total amount not to exceed $40,000.00, based upon the Engineering division's estimate of units involved and based upon the bid unit prices from the 2016 Sidewalk Program (16-G), along with other minor miscellaneous items negotiated for the proposed project; FURTHER, the Council does hereby authorize an expenditure in the amount of $2,500.00 to D & B Landscaping, Inc., 13222 Merriman Road, Livonia, MI 48150-1816 for completing all work in connection with the irrigation system portion of the contract; FURTHER, 39896 Regular Meeting Minutes of July 25, 2016 the Council does hereby authorize an expenditure in the amount of $5,000.00 to Christensen's Plant Center, 6282 Gotfredson Road, Plymouth, MI 48170 to be utilized by the Parks Department for plant and landscape materials for the City Hall Entrance Project; said irrigation and landscape contractors being sole source suppliers, due to their unique experience, per Code of Ordinances Section 3.04.140.D.3; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $47,500.00 from funds already budgeted in Account No. 401- 000-974-000 (Capital Outlay Improvement) 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, approved as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid bidders and to do all other things necessary or incidental to the full performance of this resolution. #302-16 RESOLVED, that having considered a communication from the City Planning Commission, dated May 26, 2016, which transmits its resolution #05-44-2016, adopted on May 24, 2016, with regard to Petition 2016-04-08-04, submitted by Curtis Creek, L.L.C., in connection with a proposal to construct an accessory building for the apartments (Curtis Creek Apts.) located on the northwest corner of Farmington and Curtis Roads (18203-18351 Farmington Road) in the Northeast '/4 of Section 9, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2016-04-08-04 is hereby approved and granted, subject to the following conditions- 1. onditions:1. That the Alta Land Title Survey as modified to show the proposed accessory building and site and landscaping improvements marked Drawing 1 as received by the Planning Commission on May 24, 2016, prepared by Professional Engineering Associates, is hereby approved and shall be adhered to; 2. That all disturbed lawn areas shall be sodded in lieu of hydro- seeding; 3. That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 4. That the Proposed Accessory Structure elevation plan marked Sheet 1 of 2 dated April 8, 2016, as revised, prepared by Architecturally Speaking, is hereby approved and shall be adhered to; 39897 Regular Meeting Minutes of July 25, 2016 5. That any mechanical equipment shall be concealed from public view on all sides by either landscaping or screening that shall be of a compatible character, material and color to other exterior materials on the building; 6. That all new light fixtures shall be aimed and shielded so as to minimize light from trespassing across property lines or glaring onto adjacent roadways; 7. That only small directional signage and a small office sign not to exceed eight (8) square feet shall be allowed on or adjacent to the building; 8. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 9. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. A roll call vote was taken on the foregoing resolutions with the following result: AYES: White, Meakin, Kritzman, Brosnan, Jolly and McIntyre NAYS: None The President declared the resolutions adopted. White took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 080 OF TITLE 8, CHAPTER 40 (NOXIOUS WEEDS AND REFUSE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 39898 Regular Meeting Minutes of July 25, 2016 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: White, Meakin, Kritzman, Brosnan, Jolly and McIntyre NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. A communication from the Office of the City Clerk, dated June 28, 2016, attaching a communication from Tamara Dust, Finance Manager of the Wayne County Regional education Service Agency, dated June 15, 2016, re: Tax Rate Request for the Wayne County Regional Educational Service Agency's (RESA) for the 2016 school year, was received and placed on file for the information of the Council. Kritzman stepped down from the podium at 7:21 p.m. to avoid any perceived conflict of interest. On a motion by Meakin, supported by White, it was- #303-16 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 30, 2016, submitted pursuant to council resolution #367-13, adopted on November 6, 2013, which bears the signature of the Director of Finance and an Assistant City Attorney, is approved by the Director of Public Works, and is approved for submission by the Mayor, to which is attached a proposed Contract Amendment from Hubbell, Roth & Clark, Inc., dated June 24, 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 for the Five Mile Road Water Main Replacement Project from Merriman Road to Inkster Road, in an amount not to exceed $130,000.00; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $130,000.00 from the Unexpended Fund Balance of the Water and Sewer Fund (592); and the 39899 Regular Meeting Minutes of July 25, 2016 City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary. A roll call vote was taken on the foregoing resolution with the following result: AYES: White, Meakin, Brosnan, Jolly and McIntyre NAYS: None The President declared the resolution adopted. Kritzman returned to the podium at 7:22 p.m. An email communication from Deborah Law, dated July 14, 2016, re. Petition Number 2016-05-SN-04, was received and placed on file for the information of the Council. A communication from John Kaounas, President, Johnny's Ribs & Pizza, Inc., dated July 18, 2016, re: Petition Number 2016-05-SN-04, was received and placed on file for the information of the Council. On a motion by Jolly, supported by White, it was- #304-16 RESOLVED, that having considered a communication from the City Planning Commission, dated June 10, 2016, approved for submission by the Mayor, which transmits its resolution 06-52-2016, adopted on June 7, 2016, with regard to Petition 2016-05-SN-04, submitted by 4 Tech Signs, requesting approval to replace a ground sign with variable electronic message board for the restaurant (Johnny's Ribs and Pizza) located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue (19333 Victor Parkway) in the Southeast 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2016-05-SN- 04 is hereby approved, subject to the following conditions- 1. onditions:1. That the ground sign shall be installed in accordance with the Sign Plan submitted by 4 Tech Signs, as received by the Planning Commission on May 5, 2016, showing an electronic message board measuring 15 square feet; 39900 Regular Meeting Minutes of July 25, 2016 2. That this approval is subject to the petitioner either bringing the existing signage on the site into conformity with all zoning ordinance limitations or being granted a variance from the Zoning Board of Appeals for inclusion of a 15 square feet variable electronic message board on the monument sign and any conditions related thereto; 3. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building oraround the windows; 4. That unless approved by the proper local authority, any type of exterior advertising, such as promotional flags, streamers or sponsor vehicles designed to attract the attention of passing motorists, shall be prohibited; and 5. That the Petitioner shall enter into a conditional agreement limiting this sign approval with the variable electronic message board to this user only, with the provision to extend this approval to a new user only upon approval of the new user by the City Council. Michael Zacks, General Manager of 4 Tech Signs, thanked Council for considering this item. John Kaounas, owner of Johnny's Ribs & Pizza, also thanked Council and stated he is hoping that the sign will help bring in business to his restaurant and make it successful. Kritzman asked Taormina to clarify the dimensions of the sign and the LED message center on it. A roll call vote was taken on the foregoing resolution with the following result: AYES: White, Kritzman, Jolly, and McIntyre NAYS: Meakin, Brosnan The President declared the resolution adopted. On a motion by Brosnan, supported by Jolly, it was- #305-16 RESOLVED, that having considered a communication from the City Planning Commission, dated June 10, 2016, approved for submission by the Mayor, which transmits its resolution #06-47-2016, adopted on June 7, 2016, with regard to Petition 2016-05-02-09, submitted by Omorfia Esthetics, requesting waiver use approval to operate a massage establishment within the Burton Hollow Shopping 39901 Regular Meeting Minutes of July 25, 2016 Center located on the east side of Farmington Road between Six Mile Road and Curtis Avenue (17142 Farmington Road) in the Southwest 1/4 of Section 10, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2016-05-02-09 is hereby approved and granted, subject to the following conditions: 1. That this facility shall comply with all of the other special waiver use standards and requirements pertaining to massage establishments as set forth in Section 10.03(m) of the Zoning Ordinance #543; 2. That this facility shall conform to the provisions set forth in Chapter 5.49 of the Livonia Code of Ordinances pertaining to massage establishments; 3. That the issues as outlined in the correspondence dated June 6, 2016, from the Inspection Department shall be resolved to the satisfaction of that department; 4. That the daily hours of operation of the massage establishment shall be limited to 8:00 a.m. to 10:00 p.m., Monday through Saturday; 5. That the Petitioner shall not engage in any form of solicitation for business within the public rights-of-way of Farmington or Six Mile Roads; and 6. 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. Brosnan asked for confirmation that the operators of the business were licensed by the State of Michigan and was provided the paperwork from the Petitioner. The Petitioners were present to answer any questions of Council and also thanked them for their consideration of this item. A roll call vote was taken with the following result: AYES: White, Meakin, Kritzman, Brosnan, Jolly and McIntyre NAYS: None The President declared the resolution adopted. 39902 Regular Meeting Minutes of July 25, 2016 On a motion by Brosnan, supported by Meakin, and unanimously adopted, it was- #306-16 RESOLVED, that having considered a communication from the City Planning Commission, dated June 29, 2016, approved for submission by the Mayor, which transmits its resolution 06-67-2016, adopted on June 28, 2016, with regard to Petition 2016-06-08-07, submitted by Joe's Produce, requesting approval to remodel the exterior of the commercial shopping center (Maiorana Plaza) located on the north side of Seven Mile Road between Merriman and Farmington Roads (33000-33152 Seven Mile Road) in the Southwest 1/4 of Section 3, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2016-06-08-07 is hereby approved, subject to the following conditions: 1. That the set of drawings and plans prepared by Studio/H2G dated May 19, 2016, and as received by the Planning Commission on June 3, 2016, are hereby approved and shall be adhered to; 2. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 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; 4. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 5. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 6. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. Joe Majorana, owner of Joe's Produce and the plaza, was present to describe in detail the changes he is proposing to make to the plaza. 39903 Regular Meeting Minutes of July 25, 2016 On a motion by Brosnan, supported by Meakin, and unanimously adopted, it was- #307-16 RESOLVED, that having considered a communication from the Chief of Police, dated June 23, 2016, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of$1,000.00 from Allstate Insurance, the same to be appropriated and credited to Account No.: 702-285-213, representing the total cash donation, for the purposes designated by the donor. Captain Taig was present from the Livonia Police Department to explain to Council how the funds will be utilized in the "Passport to Safety Program." On a motion by Jolly, supported by Brosnan, and unanimously adopted it was: #308-16 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda. On a motion by Meakin, supported by Brosnan, it was- #309-16 RESOLVED, that having considered a communication from Renee Fournier, dated July 21, 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 wedding reception with a DJ at her home located at 11634 Deering, scheduled for Saturday, August 6, 2016, from 1:00 p.m. to 12:00 a.m., the Council does hereby grant and approve this request in the manner and form herein submitted. Renee Fournier was present and asked Council to amend the time in her request to be from 1:00 p.m. to 12:00 a.m. Following discussion by Council, a roll call vote was taken on the foregoing resolution with the following result: AYES: White, Meakin, Kritzman, Brosnan, Jolly and McIntyre NAYS: None The President declared the resolution adopted. 39904 Regular Meeting Minutes of July 25, 2016 There was no Audience Communication heard at the end of the meeting. On a motion by Brosnan, supported by Kritzman and unanimously adopted, this 1,805th Regular Meeting of the Council of the City of Livonia was adjourned at 7:46 p.m. on July 25, 2016. Susan M. Nash City Clerk