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HomeMy WebLinkAboutMINUTES 2018-10-01 REV 10-10-18 40711 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FIFTY-EIGHTH REGULAR MEETING OF OCTOBER 1, 2018 On October 1, 2018 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Laura Toy at 7:00 p.m. Cathy White led the meeting in the Pledge. Roll was called with the following result: Cathy White, Kathleen McIntyre (arrived 7:02 p.m.), Brian Meakin, Jim Jolly, Brandon Kritzman, Scott Bahr and President Laura Toy. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, City Engineer; Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Judy Priebe, Director of Legislative Affairs; and Mayor Dennis Wright. On a motion by White, supported by Jolly, it was: #348-18 RESOLVED, that the minutes of the 1,857th Regular Meeting of Council held September 17, 2018 are approved as presented. A roll call vote was taken on the foregoing resolution with the following result: AYES: White, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the resolution adopted. Meakin announced there was on retirement in the month of September, Assistant City Assessor Dawn Borregard, retired after thirty-two years with the City. President Toy wished Treasurer Lynda Scheel a belated happy birthday and also wished Mark Taormina a happy birthday as well as Todd Zilincik. President Toy stated there is New Data on Items #5a, 5b, 5d, 6a and 8 and that there will be an X-item at the end of the Regular Agenda. 40712 Regular Meeting Minutes of October 1, 2018 There was no Audience Communication at the beginning of the meeting. On a motion by Jolly, supported by Kritzman, it was: #349-18 RESOLVED, that having considered a communication from the Mayor, dated September 10, 2018, the Council does hereby approve of and concur in the appointment of David Bongero, 32643 Sarah Beth Lane, Livonia, Michigan 48152, to the City Planning Commission to fill the unexpired term of office of Kevin Priddy, which will expire on June 9, 2019, provided that Mr. Bongero takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. #350-18 RESOLVED, that having considered a communication from the City Clerk, dated August 27, 2018, to which is attached an audit fee proposal from Frank W. Audia, CPA and Marie L. Stiegel, CPA, Plante & Moran, PLLC, dated August 27, 2018, the Council does hereby accept the proposal of Plante & Moran, PLLC, 27400 Northwestern Highway, P.O. Box 307, Southfield, Michigan 48037-0307, for performing the annual independent audit of the accounts of the City of Livonia for the years ending November 30, 2018 through November 30, 2022, as required by the City Charter and in accordance with the guidelines set forth in the State Uniform Budgeting and Accounting Act 1968 PA 2 for a base fee not to exceed $75,095.00 for the first and second years, and an annual base fee increase of 3% or the percentage allowed for property taxes under Proposal A (whichever is less) for the next three years; FURTHER, the Council does hereby approve additional payments to Plante & Moran, PLLC for recurring audit procedures as mandated by law for GASB 34 and other new and revised standards in the amount of $15,400.00 for each of the years 2018-2022, to be expended from funds already budgeted in Account No. 101-232-808-000 (Audit and Accounting Services Expense) for this purpose; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04.140D2 of the Livonia Code of Ordinances, as amended, because Plante and Moran, PLLC, is deemed to be the most qualified professional firm to provide the service. #351-18 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Works and the Director of Public Works, dated August 22, 2018, which bears the signature of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, and to which is attached a proposed Animal Sheltering Agreement between the City of Livonia and the Michigan Humane Society, 30300 Telegraph Road, Suite 220, Bingham Farms, Michigan 48025, for the period commencing December 1, 2018 to December 31, 2020, extending all terms and conditions of the current agreement, but 40713 Regular Meeting Minutes of October 1, 2018 with an increase in the holding fee to $55.00 per animal/per day and boarding fee increase to $4,581.00 per month, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached agreement; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04.140D2 of the Livonia Code of Ordinances, as amended. #352-18 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated September 11, 2018, 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 accept the quote of MAS Electrical Services, Inc., 31164 Eight Mile Road, Farmington Hills, MI 48336 for providing all necessary equipment, labor and materials required in connection with replacing the Automatic Transfer Switch (ATS) for the Livonia Police Department’s Backup Generator, for a total amount not to exceed $87,370.00, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $87,370.00 from funds already budgeted in Account No. 101-325-976-000 (Capital Outlay – Building Improvements) for this purpose; and the Mayor and City Clerk are hereby authorized to execute a contract, subject to approval 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: White, McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the resolutions adopted. An email communication from Lynda Scheel, City Treasurer, dated September 25, 2018, re: delinquent property taxes at 27430 Seven Mile Road, was received and placed on file for the information of the Council. (Petition 2017- 08-02-09) 40714 Regular Meeting Minutes of October 1, 2018 An email communication received from Aly Bazzi, dated August 17, 2018, re: signatures submitted for Petition 2017-08-02-09, was received and placed on file for the information of the Council. An email communication from Mark Taormina to Ziad Elbaba, dated May 25, 2018, re: proposed gas station – Petition 2017-08-02-09, was received and place on file for the information of the Council. President Toy, as Chair of the Committee of the Whole, reported out on the meeting of Monday, September 10, 2018. a. Subject of waiver use Petition 2017-08-02-09 submitted by S.Y.B. Enterprises, Inc., requesting to construct a gas station on the northwest corners of Seven Mile and Inkster Roads (27430 Seven Mile Road) in the Southeast ¼ of Section 1. (CR 343-17) On a motion by Kritzman, supported by Jolly, it was: RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 10, 2018, submitted pursuant to Council Resolution 343-17, and a communication from the City Planning Commission, dated September 12, 2017, approved for submission by the Mayor, which transmits its resolution #09-48-2017, adopted on September 5, 2017, with regard to Petition 2017-08-02-09, submitted by S.Y.B. Enterprises, Inc., in connection with a proposal to construct a gas station on the northwest corner of Seven Mile and Inkster Roads (27430 Seven Mile Road) in the Southeast ¼ of Section 1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2017-08-02-09 is hereby approved and granted, subject to the following conditions: 1. That this approval is subject to the petitioner submitting documentation to the Inspection Department indicating that at least 65% of the residential neighbors within a 400-foot radius of the subject property approve of the proposal as required by the Zoning Ordinance, unless such requirement is waived by a separate resolution in which five councilmembers concur; 2. That the Site Plan marked Sheet SP-1, dated September 3, 2017, as revised, prepared by Ziad El-Baba Engineering, is hereby approved and shall be adhered to; 40715 Regular Meeting Minutes of October 1, 2018 3. That all on-site parking shall be properly sized and marked, including any barrier-free space(s) as may be required by the State of Michigan; 4. 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; 5. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient building setback and any conditions related thereto; 6. That the petition is subject to City Council waiving the minimum lot size requirement; 7. For safety purposes, a “No Left Turn” sign shall be installed at both of the site’s driveways off Seven Mile Road, as recommended in the Police Department’s correspondence dated August 16, 2017; 8. That the Landscape Plan marked Sheet SP-3, dated September 3, 2017, as revised, prepared by Ziad El-Baba Engineering., is hereby approved and shall be adhered to; 9. That all disturbed lawn areas, including road right-of-way, shall be sodded in lieu of hydro-seeding; 10. 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; 11. That the Elevation Plan marked Sheets A-1, dated September 3, 2017, as revised, prepared by Ziad El-Baba Engineering, is hereby approved and shall be adhered to; 12. That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall’s design, texture and color shall match that of the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall be maintained and when not in use closed always; 13. 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; 40716 Regular Meeting Minutes of October 1, 2018 14. That the gas pump island canopy shall not exceed eighteen feet (18’) in height and its support columns shall be covered with the same brick used in the construction of the building; 15. That any illumination of the pump island canopy shall be restricted to the undercarriage, and all light fixtures shall be recessed and made flush with the established ceiling; provided, however, that this section shall not apply to those specified signs which are expressly allowed by the district regulations of the Zoning Ordinance; 16. That all light fixtures shall not exceed eighteen feet (18’) in height and shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadway; 17. That the screen wall on the north side of the property be colored the same as the brick on the building and all other brick used around dumpster and the columns supporting the canopy; 18. That this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required permits, including soil erosion and sedimentation control permits from either Wayne County or the City of Livonia; 19. No outside storage, placement or display of merchandise shall be permitted at any time on this site; however, the foregoing prohibition shall not apply to the display, on the pump islands only, of oil based products as permitted in Section 11.03(a)(12) of the Zoning Ordinance; 20. That free air shall be provided at times the station is open for business. The free air shall be dispensed at the point of service without having to enter the station or perform any extra action to obtain the air without charge; 21. That there shall be no vehicle vacuum equipment or outdoor placement/storage of propane cylinder storage units on the site; 22. That the sale of ice shall be restricted to the inside of the building; 23. 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; 24. That no part of the pump island canopy fascia, except for signage, shall be illuminated; 40717 Regular Meeting Minutes of October 1, 2018 25. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the pump island canopy, building or around the windows; 26. 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; 27. 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, 28. 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. Following discussion by Council, a roll call vote was taken on the motion by Kritzman, supported by Jolly, with the following result: AYES: White, Jolly, Kritzman NAYS: McIntyre, Meakin, Bahr and Toy The President declared the resolution failed for lack of support. On a motion by Bahr, supported by Meakin, it was: #353-18 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 10, 2018, submitted pursuant to Council Resolution 343-17, and a communication from the City Planning Commission, dated September 12, 2017, approved for submission by the Mayor, which transmits its resolution #09-48-2017, adopted on September 5, 2017, with regard to Petition 2017-08-02-09, submitted by S.Y.B. Enterprises, Inc., in connection with a proposal to construct a gas station on the northwest corner of Seven Mile and Inkster Roads (27430 Seven Mile Road) in the Southeast ¼ of Section 1, the Council does hereby direct that this item be postponed to the next regular meeting scheduled for October 15, 2018 when the Petitioner is present. 40718 Regular Meeting Minutes of October 1, 2018 A roll call vote was taken on the foregoing resolution with the following result: AYES: White, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: McIntyre The President declared the resolution adopted. President Toy, as Chair of the Committee of the Whole, reported out on the meeting of Monday, September 10, 2018. b . Subject of waiver use Petition 2018-04-02-09 submitted by Allyson Andrews to operate a child day care center (Andrews Angels Academy) on the south side of Seven Mile Road between Purlingbrook and Merriman Roads (30931 Seven Mile Road) in the Northwest ¼ of Section 11. (CR 275-18) The pictures of the fence received by the Office of the City Clerk on September 21, 2018, re: Petition 2018-04-02-09, was received and placed on file for the information of the Council. The pictures of the fence received by the Office of the City Clerk on September 25, 2018, re: Petition 2018-04-02-09, was received and placed on file for the information of the Council. On a motion by McIntyre, supported by Kritzman, and unanimously adopted, it was: #354-18 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 10, 2018, submitted pursuant to Council Resolution 275-18, and a communication from the City Planning Commission, dated May 25, 2018, approved for submission by the Mayor, which transmits its resolution #05- 31-2018, adopted on May 22, 2018, with regard to Petition 2018-04-02- 09, submitted by Allyson Andrews, to operate a child day care center (Andrews Angels Academy) on the south side of Seven Mile Road between Purlingbrook and Merriman Roads (30931 Seven Mile Road) in the Northwest ¼ of Section 11, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 40719 Regular Meeting Minutes of October 1, 2018 2018-04-02-09 is hereby approved and granted, subject to the following conditions: 1. That the Site Plan, as received by the Planning Commission on April 23, 2018, is hereby approved and shall be adhered to, provided the play area is relocated to the southwest corner of the property, as generally shown on the aerial sketch prepared by the City Planning Department date stamped May 22, 2018; 2. 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; 3. That no LED lightband or exposed neon shall be permitted on this site including but not limited to the building or around the windows; 4. That the entire outdoor play area shall be surrounded by a five-foot (5’) composite or wooden privacy fence; 5. That the hours of operation for this child care facility shall be limited to 6:00 a.m. to 7:00 p.m.; 6. The tenant(s) of this building shall not engage in any form of solicitation for business within the public rights-of-way of Seven Mile Road or Sunset Avenue; 7. That the Petitioner shall enter into a conditional agreement limiting the waiver to this user only, with the provision to extend this waiver use approval to a new user only upon approval of the new user by the City Council; 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 No. 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by the City Council, and unless a building permit is obtained, and construction is commenced, this approval shall be null and void at the expiration of said period. 40720 Regular Meeting Minutes of October 1, 2018 Bahr took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 28 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING SECTON 3.___________ THERETO.(Petition 2017-10-01-07) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: White, McIntyre, Jolly, Kritzman, Bahr and Toy NAYS: Meakin The President declared the foregoing Ordinance duly adopted, and would become effective on publication. .President Toy, as Chair of the Committee of the Whole, reported out on the meeting of Wednesday, September 10, 2018. d. Subject of waiver use Petition 2018-04-02-10 submitted by Feldman Automotive, Inc. to construct and operate a used auto dealership with outdoor display of vehicles (Feldman Pre-Owned Superstore), at 33850 Plymouth Road, located on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast ¼ of Section 28. (CR 302-18) A revised Site Plan, Floor Plan and Section, identified as Sheet A-111, dated August 22, 2018; revised Site Plan, Exterior Elevations, identified as Sheet A-211, dated September 5, 2018; and Perspective Views identified as Sheets A- 001, A-002 and A-003, dated August 24, 2018, prepared by Cityscape Architects, was received and placed on file for the information of the Council. The signage, wall sign-front lit channel letters, south elevation sheets, dated September 16, 2018, as revised; and monument sign, double-sided 40721 Regular Meeting Minutes of October 1, 2018 illuminated sheet, dated June 21, 2018, prepared by Phillips Sign and Lighting, Inc., was received and placed on file for the information of the Council. A revised Site Plan identified as Sheet 1, dated September 5, 2018, prepared by Alpine Engineering, Inc., and revised Sheets L-1 and L-2, dated September 5, 2018, prepared by Allen Design, was received and placed on file for the information of the Council. A revised Site Plan (w/color rendering), identified as Sheet 1, dated September 26, 2018, prepared by Alpine Engineering, Inc., revised Landscaping Plan identified as Sheets L-1 and L-2, dated September 26, 2018, prepared by Allen Design, and revised Perspective Views identified as Sheets A-001, A-002 and A-003, dated September 26, 2018, prepared by Cityscape Architects, Inc., was received and placed on file for the information of the Council. On a motion by Bahr, supported by Kritzman, it was: #355-18 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 10, 2018, submitted pursuant to Council Resolution 302-18, and a communication from the City Planning Commission, dated July 2, 2018, approved for submission by the Mayor, which transmits its resolution #06- 44-2018, adopted on June 26, 2018, with regard to Petition 2018-04-02- 10, submitted by Feldman Automotive, Inc., to construct and operate a used auto dealership with outdoor display of vehicles (Feldman Pre- Owned Superstore), at 33850 Plymouth Road, located on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast ¼ of Section 28, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2018-04-02-10 is hereby approved and granted, subject to the following conditions: 1. That the Site Plan identified as Sheet 1, dated September 26, 2018, as revised, prepared by Alpine Engineering, Inc., is hereby approved and shall be adhered to, except as modified below; 2. That the number of vehicles to be displayed outdoors shall be limited to a total of 817 vehicles, and that no vehicle for sale shall be displayed closer than twenty feet (20’) from the front lot line; 40722 Regular Meeting Minutes of October 1, 2018 3. That except for what may be authorized under the Zoning Ordinance as part of a temporary sales event, any type of exterior advertising related to the sale of the vehicles designed to attract the attention of passing motorists, such as promotional flags or streamers, shall be prohibited; 4. That the display of any vehicles on car lifts is strictly prohibited; 5. That there shall be no outdoor storage of auto parts, equipment, scrap material, waste petroleum products, junked, unlicensed or inoperable vehicles, or other similar items in connection with this operation; 6. That the Landscape Plan and the Landscape Details identified as Sheets L-1 and L-2, respectively, both dated September 26, 2018, as revised, prepared by Allen Design, are hereby approved and shall be adhered to, except that: a. The red and sugar maples shall be replaced with one or more species of large deciduous trees as listed in Table 1 of Section 18.45 of the Zoning Ordinance; b. Additional trees shall be provided along the west property line where the commercial property abuts residential; and 7. That all disturbed lawn areas, including the Plymouth Road right- of-way, but not including the detention basin below the established high watermark, shall be sodded in lieu of hydro-seeding; 8. That the New Lot Photometric plan identified as Sheet P-1 dated April 12, 2018, prepared by KEEN Technical Solutions, LLC, is hereby approved and shall be adhered to, except that the light levels for the first row of parking adjacent to Plymouth Road shall be lowered to be consistent with the light levels for the first row of parking approved for the Feldman Chevrolet New Car dealership at 32570 Plymouth Road; 9. That the Floor Plan and Section identified as Sheet A-111, dated August 22, 2018, as revised, prepared by Cityscape Architects, Inc., is hereby approved and shall be adhered to; 10. That the Perspective Views identified as Sheets A-001, A-002 and A-003, dated September 26, 2018, prepared by Cityscape Architects, Inc., are hereby approved and shall be adhered to; 40723 Regular Meeting Minutes of October 1, 2018 11. That the revised signage, wall sign-front lit channel letters, south elevation sheets, dated September 6, 2018, as revised, prepared by Phillips Sign & Lighting, Inc., are hereby approved and shall be adhered to; 12. That the monument sign, double sided-illuminated sheets, dated June 21, 2018, prepared by Phillips Sign & Lighting, Inc., are hereby approved and shall be adhered to; 13. That the Elevation Plan identified as Sheet A-211, dated September 5, 2018, as revised, prepared by Cityscape Architects Inc., is hereby approved and shall be adhered to; 14. 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; 15. That all parking spaces shall be double striped, including the provision of barrier free parking with proper signage, marking and configuration, and that all required customer spaces be ten feet (10’) in width by twenty feet (20’) in length as required; 16. Except that as shown on the approved site plan where a greenbelt is shown in the northwest corner of the property, a minimum six foot (6’) high masonry screen wall shall be constructed along the west property line adjacent to existing residential zoning; 17. That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement that of the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall be maintained and when not in use closed at all times; 18. That only conforming signs are approved with this petition; 19. That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows; 20. With the exception of an interior intercom/paging system to page employees, no overhead speakers will be used inside or outside the building; 21. That no repairs or maintenance work on vehicles shall be conducted on this site; 40724 Regular Meeting Minutes of October 1, 2018 22. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time an occupancy permit is applied for; 23. The regular hours of business for the automotive showroom and parking use shall be limited to: 9:00 a.m. to 9:00 p.m. Monday 9:00 a.m. to 6:00 p.m. Tuesday 9:00 a.m. to 6:00 p.m. Wednesday 9:00 a.m. to 9:00 p.m. Thursday 9:00 a.m. to 6:00 p.m. Friday 10:00 a.m. to 4:00 p.m. Saturday; 24. 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; and 25. This waiver use shall be limited to this user only, with the provision to extend this waiver use approval to a new user only upon approval of the new user by the City Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: White, McIntyre, Jolly, Kritzman, Bahr and Toy NAYS: Meakin The President declared the resolution adopted. President Toy, as Chair of the Committee of the Whole, reported out on the meeting of Wednesday, September 12, 2018. a. Subject of site plan Petition 2018-06-08-06 submitted by Steve Anton, to remodel the exterior of the commercial strip center (LA Plaza), located on the south side of Plymouth Road between Yale Avenue and Levan Road (36083-36175 Plymouth Road) in the Northeast ¼ of Section 32. (CR 324-18) 40725 Regular Meeting Minutes of October 1, 2018 An Elevation Plan identified as Sheet A.1, dated September 24, 2018, as revised, prepared by Chester Stempien Associates-AIA, was received and placed on file for the information of the Council. On a motion by Kritzman, supported by McIntyre, it was: #356-18 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 12, 2018, submitted pursuant to Council Resolution #324-18, and a communication from the City Planning Commission, dated July 23, 2018, which transmits its resolution #07-50-2018, adopted on July 17, 2018, with regard to Petition 2018-06-08-06, submitted by Steve Anton, to remodel the exterior of the commercial strip center (LA Plaza), located on the south side of Plymouth Road between Yale Avenue and Levan Road (36083- 36175 Plymouth Road), in the Northeast ¼ of Section 32, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2018-06-08-06 is hereby approved and granted, subject to the following conditions: 1. That the Exterior Elevations Plan identified as Sheet A.1, dated September 24, 2018, as revised, prepared by Chester Stempien Associates, is hereby approved and shall be adhered to; 2. That the issues as outlined in the correspondence dated July 11, 2018, from the Director of Inspection, including repairs to the parking lot and screening the trash receptacle(s) shall be resolved to the satisfaction and within a time frame agreeable to the Inspection Department; 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 light band or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 5. 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; 6. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 40726 Regular Meeting Minutes of October 1, 2018 7. 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. Vincent George, 30625 Birchway Drive, Franklin, principal of Lakepointe CSG, contractors of record for the project, came to the podium to address questions of Council concerning the vinyl siding. Following discussion by Council, a roll call vote was taken on the motion by Kritzman, supported by McIntyre, with the following result: AYES: White, McIntyre, Meakin, Jolly, Kritzman, Bahr, and Toy NAYS: None The President declared the resolution adopted. President Toy, as Chair of the Committee of the Whole, reported out on the meeting of Wednesday, September 12, 2018. b. Subject of rezoning Petition 2015-06-01-05 submitted by Grenn & Grenn, P.C., on behalf of C & L Development Corporation, to rezone the property located on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue (28911 – 29010 Seven Mile Road) (Sunset Office Building), in the Northwest ¼ of Section 12, from OS (Office Services) to C-1 (Local Business). (CR 291-15) On a motion by Kritzman, supported by White, and unanimously adopted, it was: #357-18 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 12, 2018, submitted pursuant to Council Resolution 291-15, and a communication from the City Planning Commission, dated July 15, 2015, which transmits its resolution 07-41-2015, adopted on July 14, 2015, with regard to Petition 2015-06-01-05, submitted by Grenn & Grenn, P.C., on behalf of C & L Development Corporation, to rezone the property located on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue (28911 – 29010 Seven Mile Road) (Sunset Office Building), in the Northwest 1/4 of Section 12, from OS (Office Services) to C-1 (Local Business), the Council does hereby determine to take no further action with regard to this matter. 40727 Regular Meeting Minutes of October 1, 2018 President Toy, as Chair of the Committee of the Whole, reported out on the meeting of Wednesday, September 12, 2018. c. Subject of site plan Petition 2015-03-08-03 submitted by Design+AE, Inc., in connection with a proposal to construct a new outdoor dining patio and renovate the exterior of the existing full service restaurant, BZ’s Twisted American Cuisine (formerly Kickers All American Grill) located on the south side of Plymouth Road between Levan Road and Yale Avenue (36071 Plymouth Road) in the Northeast ¼ of Section 32. (CR 126-15) On a motion by Meakin, supported by Kritzman, and unanimously adopted, it was: #358-18 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 12, 2018, submitted pursuant to Council Resolution 126-15, and a communication from the City Planning Commission, dated April 7, 2015, approved for submission by the Mayor, which transmits its resolution #03- 14-2015, adopted on March 31, 2015, with regard to Petition 2015-03-08- 03, submitted by Design+AE, Inc., in connection with a proposal to construct a new outdoor dining patio and renovate the exterior of the existing full service restaurant, BZ’s Twisted American Cuisine (formerly Kickers All American Grill) located on the south side of Plymouth Road between Levan Road and Yale Avenue (36071 Plymouth Road) in the Northeast 1/4 of Section 32, the Council does hereby determine to take no further action with regard to this matter. Jim Jolly, as Vice-Chair of the Capital Outlay and Infrastructure Committee, reported out on the meeting of Wednesday, September 12, 2018. a. Subject of conceptual planning and design of the proposed DPW Water & Sewer Building for its report and recommendation. (CR 152-15) This item will remain in committee. A communication from the Director of Finance, dated September 13, 2018, re: delinquent water bill balance for 9114 Cardwell, was received and placed on file for the information of the Council. 40728 Regular Meeting Minutes of October 1, 2018 A Transaction Statement received from the Finance Department, re: reflecting payment in full of the outstanding water bill balance for 9114 Cardwell, was received and placed on file for the information of the Council. On a motion by Meakin, supported by Bahr, and unanimously adopted, it was: #359-18 RESOLVED, that having considered a communication from the City Engineer, dated September 5, 2018, approved for submission by the Mayor, to which is attached a letter from Adrian Muresan, 9114 Cardwell, Livonia, Michigan 48150, dated August 29, 2018, requesting a waiver of the sidewalk requirement in front of the newly constructed home located at 9114 Cardwell, in the S.E. 1/4 of Section 36, 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 relative lack of 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. On a motion by McIntyre, supported by White, and unanimously adopted, it was: #360-18 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. O n a motion by Jolly, supported by Kritzman, it was: #361-18 RESOLVED, that having considered the report and recommendation of the City Clerk, dated September 28, 2018, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, regarding the purchase of additional election equipment to facilitate the processing of absentee ballots for the upcoming November 6, 2018 General Election and all future elections, the Council does hereby accept the quote submitted by Dominion Voting TH Systems, Inc., 1201 18Street, Suite 210, Denver, CO 80202, for the purchase of four (4) work stations and software at a cost of $85,200.00, less existing credit of $25,960.00, for an amount not to exceed 40729 Regular Meeting Minutes of October 1, 2018 $59,240.00; and four (4) DRG1130 Canon Scanners from Canon Solutions America, Inc., One Canon Park, Melville, NY 11747, in an amount not to exceed $20,700.00, for a grand total not to exceed $79,940.00; FURTHER, the Council does hereby authorize an additional appropriation in an amount not to exceed $79,940.00 from funds already budgeted in the Unexpended Fund Balance of Capital Projects Fund (401) for this purpose; FURTHER, the Council does hereby authorize this purchase without competitive bidding for the reasons that all such equipment is required to be harmonious with Wayne County equipment, so there is no expected advantage from competitive bidding, and such action is taken in accordance with Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended, 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 company and to do all other things necessary or incidental to the full performance of this resolution. Susan Nash, City Clerk, presented this item to Council and to answer any questions of Council. Following discussion by Council a roll call vote was taken on the motion by Jolly, supported by Kritzman, with the following result: AYES: White, McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declare the resolution adopted. Clerk Nash reminded everyone the last day to register to vote in the November th 6, 2018 General Election is Tuesday, October 9, 2018. During Audience Communication, Steve Preiss, 16474 Park Street, commented on City Ordinances regarding fences versus bushes. Vice President Jolly stated that this is a private matter and there is no action that the City Council can take to address the issue and offered that perhaps it should be taken to Small Claims Court. Kritzman thanked Preiss for bringing the matter to Council’s attention, that there may be a gap in the ordinance, and it will be looked into. McIntyre stated that it might be a good idea to look into the matter through Committee of the Whole. Meakin suggested before it is sent to Committee of the Whole, that they should get a report from the Administration on what the actual issue is. 40730 Regular Meeting Minutes of October 1, 2018 McIntyre withdrew her direction to send it to the Committee of the Whole. Preiss stated that his intent was to bring this matter to Council’s attention that the ordinance does not cover bushes on the property line and that both bushes and fences should have the same regulations. On a motion by Jolly, supported by Bahr, and unanimously adopted, this 1,858th Regular Meeting of the Council of the City of Livonia was adjourned at 7:55 p.m. on October 1, 2018. _____________________ Susan M. Nash, City Clerk