HomeMy WebLinkAboutCOUNCIL MINUTES 2015-05-0639370
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND SEVENTY-SIXTH
REGULAR MEETING OF MAY 6, 2015
On May 6, 2015 the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by Vice President
Meakin at 7 00 p m Councilperson Nash called up Boy Scout Troop 903 from
Northville to lead the meeting in the Pledge
Roll was called with the following result: Susan Nash, Brandon
Kritzman, John Pastor, Laura Toy, Lynda Scheel and Brian Meakin Absent:
Maureen Miller Brosnan
Elected and appointed officials present: Mark Taormina, Director of
Planning and Economic Development; Todd Zilincik, City Engineer; Eric Goldstein,
City Attorney; Susan Hoff, City Clerk; and Mayor Jack Kirksey
On a motion by Scheel, supported by Toy, and unanimously adopted, it was
#114-15 RESOLVED, that the Minutes of the 1,775th Regular Meeting
of the Council held April 20, 2015 are hereby approved
Toy read a short statement about mothers in honor of the upcoming
Mother's Day holiday
Pastor sent condolences to the family of Navy Seal Brett Alan Manhugh, of
Livonia, who died during a training operation
He then wished Maureen Miller Brosnan a Happy Birthday and sent
Mother's Day greetings to all
Kritzman wished daughter Elizabeth a Happy Birthday
Scheel presented Matthew Pinnick of St. Mary's Hospital, with a
proclamation regarding National Bike Month
Chief Caid stated there will be a candlelight service at Nehasil Park
Thursday, May 7th at 8 00 p m in remembrance of the four fallen Livonia officers
as well as two Michigan officers that died in 2014
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He spoke about the recent increase in home invasions and indicated they
had made an arrest on Monday of a habitual offender
He thanked the residents and businesses along Middlebelt between Five
Mile and Schoolcraft for their understanding and support during the recent incident
involving an armed individual in that vicinity
Kritzman stated that his home is about 150 yards from where the incident
occurred and he thanked the police for their professionalism during the crisis
Meakin lauded the police force for their handling of a very difficult situation
He then invited all residents to a Memorial Day Service being held Saturday,
May 23rd at 9 00 a m at Veterans Park at the corner of Five Mile and Farmington
in honor of our veterans Music will be performed by the Stevenson High School
Marching Band
Vice President Meakin announced there will be two (2) Public Hearings
being held on Wednesday, May 20, 2015 at 7 00 p m in the Auditorium of the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
Petition 2015-03-01-02 submitted by Trinity Health -Michigan, d/b/a St. Mary
Mercy Livonia Hospital, to rezone the property adjacent to the south end of
the hospital at 36475 Five Mile Road, located on the west side of Levan
Road between Five Mile Road and Schoolcraft Road in the Northwest % of
Section 20, from RUF (Rural Urban Farm) to PO I (High Rise Professional
Office)
Petition 2015-03-01-03 submitted by Leo Soave, to rezone the property at
35652, 35700, 35800 and 35850 Ann Arbor Trail, located on the north side
of Ann Arbor Trail between Wayne Road and Newburgh Road in the
Southeast Y4 of Section 32, from RUF (Rural Urban Farm) and C-1 (Local
Business) to R-1 (One Family Residential — 60'x 120' Lots)
Vice President Meakin stated that there will be an X -item at the end of the
meeting and that there is new data on Items 15 and 16
Mayor Kirksey introduced Mae Yeomans who received "Senior of the Year
Award" recognition from the State of Michigan
There was no Audience Communication at the beginning of the meeting
A communication from the Department of Finance dated March 27, 2015,
re forwarding various financial statements of the City of Livonia for the month
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ending January 31, 2015, was received and placed on file for the information of
the Council
A communication from the Department of Finance, dated April 10, 2015, re
forwarding various financial statements of the City of Livonia for the month ending
February 28, 2015, was received and placed on file for the information of the
Council
On a motion by Toy, supported by Scheel, it was
#115-15 RESOLVED, that having considered a letter from Debra
Kolar, dated March 23, 2015, which requests permission to waive Section
8 32 070 (Noise Control) of the Livonia Code of Ordinances, as amended,
to allow a DJ to play music at her home located at 18234 Loveland St., in
connection with a wedding reception scheduled for Saturday, May 30, 2015,
from 4 00 p m until 11 00 p m , the Council does hereby determine to waive
section 8 32 070 (noise control) of the Livonia Code of Ordinances between
the hours of 4 00 p m and 11 00 p m in connection with this event to be
held on Saturday, May 30, 2015
#116-15 RESOLVED, that having considered a letter from Mark
McGilvrey, Minister, Memorial Church of Christ, dated April 8, 2015, which
requests permission to waive Section 8 32 070 (Noise Control) of the
Livonia Code of Ordinances, as amended, to allow a band to perform from
10 00 a m to 3 00 p m at their outdoor worship service to be held on
Sunday, June 14, 2015, in the west parking lot of the church's property
located at 35475 Five Mile Road, the Council does hereby determine to
waive Section 8 32 070 (Noise Control) of the Livonia Code of ordinances
between the hours of 10 00 a m and 3 00 p m in connection with this event
to be held on Sunday, June 14, 2015
#117-15 RESOLVED, that having considered a letter from Liz Evans,
Community Manager, American Cancer Society, received by the Office of
the City Clerk on March 30, 2015, which requests permission to waive
Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, as
amended, to allow the playing of music and announcements via speakers,
as well as the erection and use of tents on public land (Bentley Field) during
their overnight outdoor gathering to raise funds for the fight against cancer
which will take place from 12 00 p m on Saturday, June 13, 2015, through
2 00 a m on Sunday, June 14, 2015, the Council does hereby determine to
waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances
between the hours of 12 00 p m on Saturday, June 13, 2015, through 2 00
a m on Sunday, June 14, 2015
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#118-15 RESOLVED, that having considered a communication from
the Department of Management Information Services, dated April 1, 2015,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, to which is attached a proposed agreement
between the City of Livonia and AT&T, Inc., to allow access to existing utility
poles owned by AT&T in connection with the City Fiber Network Expansion
project, with no additional costs to the City, the Council does hereby
authorize the Mayor and City Clerk to execute an agreement that is
satisfactory to the department of law relative to its form and substance, for
and on behalf of the City of Livonia, with the aforesaid company and to do
all things necessary or incidental to the full performance of this resolution
#119-15 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service -Environment &
Utilities, the Director of Public Works and the Director of Community
Resources, dated April 8, 2015, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the council does
hereby authorize the purchase of two (2) 2015 Ford E-350 15 -Passenger
Shuttle Vans, in the total amount of $117,508 00, and one (1) 2015 Ford E-
450 18 -Passenger Shuttle Van, in the total amount of $63,680 00, from
Signature Ford, 1960 E Main St., Owosso, Michigan 48867, for a total cost
not to exceed $181,188 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 071131300009 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 after receipt of the new vehicles
#120-15 RESOLVED, that having considered a communication from
the Director of the Livonia Housing Commission, dated March 31, 2015,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, submitted pursuant to Council Resolution #18-
15, and which submits a competitive bid received in connection with the sale
of City -owned property located at 33916 and 33964 Five Mile Road (Lots
144 thru 148 Coventry Gardens Subdivision), in the Southeast'/4 of Section
16, the Council does hereby accept the bid and authorize the sale of the
aforesaid city -owned property to Soave Homes, Inc., 12822 Stark Road,
Livonia, MI 48150, for a total purchase price of $33,006 00, having been the
highest bid actually received, the actions herein being taken in order to best
serve the interests of the community; FURTHER, $27,848 00 of the
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proceeds of such sale shall be allocated to the Community Development
Block Grant (CDBG) Program (Account No 230-000-698-000, Sundry
Income) as program income and $5,158 00 of such proceeds shall be
deposited to Account No 101-000-680-000, Sale of Fixed Assets, and the
Mayor and City Clerk are hereby requested to execute quit claim deeds and
such other documents as may be necessary or incidental to fulfill the
purpose of this resolution, and the Department of Law is hereby requested
to prepare and place in proper form such legal documents as may be
necessary to consummate this transaction, and the City Clerk is hereby
requested to have said quit claim deeds recorded in the Office of the
Register of Deeds and to do all other things necessary or incidental to fulfill
the purpose of this resolution (CR#18-15)
#121-15 RESOLVED, that whereas, under the provisions of Title I of
the Housing and Community Development Act of 1974, as amended, the
Secretary of Housing and Urban Development is authorized to make grants
to units of local government to help finance community development
programs, and
WHEREAS, the primary objective of such Act is the development of viable
urban communities by providing decent housing and suitable living
environment and expanding economic opportunities, principally for persons
of low and moderate income, and
WHEREAS, to obtain its Fiscal Year 2015-2016 entitlement funds under the
Community Development Block Grant Program as authorized by the
Housing Community Development Act of 1974, the City of Livonia must
submit a Statement of Community Development Objectives and Projected
Use of Funds, satisfactory assurances that the Program will be conducted
and administered in accordance with appropriate federal and state laws and
Department of Housing and Urban Development regulations, and
satisfactory assurances that, prior to submission of its Final Statement of
Community Development Objectives and Projected Use of Funds, it has (A)
provided citizens with adequate information concerning the amount of funds
available for proposed community development and housing activities, the
range of activities that may be undertaken, the estimated amount of those
funds proposed to be used for activities that will benefit low and moderate
income persons, and other important program requirements, (B) held a
public hearing to obtain the views of citizens on community development
and housing needs, and (C) provided citizens an adequate opportunity to
examine the content of and to submit comments on the proposed Statement
of Community Development Objectives and Projected Use of Funds
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia,
Michigan, that the Final Statement of Community Development Objectives
and Projected Use of Funds for the Fiscal Year 2015-2016 Community
Development Block Grant Program is hereby approved and shall be
submitted to the Department of Housing and Urban Development.
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FURTHER, the Director of Housing, Mayor, and City Clerk shall have the
authority to execute the sub -recipient contracts
#122-15 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated April
1, 2015, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and to which is attached proposed
Hold Harmless Contracts between the City of Livonia and First Step, Fair
Housing Center of Metropolitan Detroit; Wayne Metropolitan Commmunity
Action Agency; Cruz Clinic, John V Farrar, Ed D LPC, Hegira Programs,
Inc , and St. John Health Systems/Eastwood Clinics, for the period July 1,
2015 through June 30, 2016, in connection with CDBG-Funded Victim
Assistance, Fair Housing Initiative and Mental Health Counseling
Programs, the Council does hereby authorize the Mayor, City Clerk and
Housing Director, for and on behalf of the City of Livonia, to execute hold
harmless contracts that are acceptable to the law department as to form
and content, as well as, to do all other things necessary or incidental to the
full performance of this resolution
#123-15 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 13, 2015, 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 the bid of Toebe Construction LLC, 28990 Wixom Road, Wixom, MI
48393, for performing all work required in connection with the reconstruction
of Sears Drive and Industrial Road, including traffic signal modernization at
Industrial/Middlebelt/ Millennium Drive, for a total amount not to exceed
$2,353,714 43, for a total project cost of $2,620,714 43, and the contract
amount of $2,353,714 43 is based on the Engineering Division's estimate
of units of work involved and subject to the final payment based on the
actual units of work completed in accordance with the unit prices accepted
herein, said estimated cost and unit prices 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 $2,353,714 43 from the Unexpended Fund Balance of the Major
Roads Fund (202) with $1,500,000 00 to be reimbursed from State grants
and $25,000 00 to be reimbursed from local business contributions, with the
City's net contribution to be $1,095,714 43 for this purpose, FURTHER, the
Council does hereby request local business in the surrounding area that
benefit from the safety improvements related to the traffic signal
modernization at the intersection of Middlebelt and Industrial to provide
anticipated funding in the amount of $25,000 00 to assist to defray the costs
of the improvements to provide payment to the City of Livonia by May 22,
2015, recognizing that the traffic signal improvements may be removed as
part of the project or significantly reduced to meet the available funding for
the project; and the City Engineer is hereby authorized to approve any minor
adjustments in the work as required, and the Mayor and City Clerk are
hereby authorized to execute a contract for and on behalf of the City of
Regular Meeting Minutes of May 6, 2015
Livonia with the aforesaid bidder and to do all other things necessary or
incidental to the full performance of this resolution (CR#218-14 CR#266-14)
#124-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 7, 2015, approved for
submission by the Mayor, which transmits its resolution #03-13-2015,
adopted on March 31, 2015, with regard to Petition 2015-03-02-05,
submitted by Lormax Stern, requesting approval to construct and operate
an auto repair facility (Goodyear) on property located on the west side of
Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft
Road (12661 Middlebelt Road) in the Northeast 1/4 of Section 26, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 2015-03-02-05 IS HEREBY approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet No C-1 dated March 30, 2015 as
revised prepared by K2 Land Consultants, is hereby approved and
shall be adhered to,
2 That appropriate recordable legal instrumentation, such as a cross
access agreement, that gives notice and outlines the terms of how
the subject property would share parking and access with abutting
property(s), be supplied to the Inspection Department at the time a
building permit is applied for;
3 That the Landscape Planting Plan dated March 31, 2015, as revised,
prepared by J Eppink Partners, Inc is hereby approved and shall be
adhered to, except that any modifications shall be submitted for
approval to the Planning Department within sixty (60) days following
approval of this petition by the City Council,
4 That the Exterior Building Elevation Plan marked Sheet No PFP/PE-
1 dated March 21, 2015, as revised, prepared by Wynn Design Inc
and Medium Cool Architecture, is hereby approved and shall be
adhered to,
5 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,
6 That the three walls of the trash dumpster area(s) shall be
constructed out of building materials that shall complement that of
the buildings, and the enclosure gates shall be of solid panel steel
construction or durable, long-lasting solid panel fiberglass and
maintained, and when not in use closed at all times,
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7 That all light fixtures shall not exceed twenty feet (20') in height and
shall be aimed and shielded so as to minimize stray light trespassing
across property lines and glaring into adjacent roadways,
8 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,
9 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
10 No outside storage, placement or display of merchandise shall be
permitted at any time on this site,
11 That there shall be no outdoor storage of disabled or inoperative
equipment and vehicles, scrap material, debris or other similar items,
12 That the specific plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time of application for
building permits, occupancy permits and zoning compliance permits,
and
13 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
#125-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 7, 2015, approved for
submission by the Mayor, which sets forth its Council Resolution #03-15-
2015, adopted on March 31, 2015, with regard to a request from Josh A.
Suardini, Vice President, Etkin Management, L L.0 , as managing agent for
Victor East, L.L.0 , dated February 20, 2015, for a one-year extension of
the approval of Petition 2014-02-08-02, previously granted in Council
Resolution #104-14, adopted on April 21, 2014, in connection with a
proposal to construct a one-story office -research building on property
located on the north side of Seven Mile Road between Newburgh Road and
Victor Parkway (37640 Seven Mile Road) in the Southeast 1/4 of Section 6,
the Council does hereby concur in the recommendation of the Planning
Commission and does hereby grant the requested extension for a one-year
period, subject to compliance with all of the conditions set forth in the
original site plan approval (CR#1 04-14)
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A communication from Sharon Dolmetsch, Deputy Treasurer, dated April
16, 2015, regarding past due taxes and water bill, was received and placed on file
for the information of the Council
#126-15 RESOLVED, that having considered 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 refer this matter to the Committee of the Whole for its
report and recommendation
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Nash, Kritzman, Pastor, Toy, Scheel and Meakin
NAYS None
A communication from Plante & Moran, distributed on April 21, 2015, re
Audit Presentation, was received and placed on file for the information of the
Council
A communication from Plante & Moran, dated April 3, 2015, was received
and placed on file for the information of the Council
A communication from Plante & Moran dated November 30, 2014, re
Federal Awards Supplemental Information, was received and placed on file for the
information of the Council
A communication from the Department of Finance with Supplemental
Information from Plante & Moran dated November 30, 2014, was received and
placed on file for the information of the Council
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A communication from the Department of Finance, dated April 15, 2015, re
Audit Reports for the fiscal year ended November 30, 2014, was received and
placed on file for the information of the Council
Pastor, as Chairperson of the Finance, Budget and Technology Committee,
provided a verbal update on the meeting of April 21, 2015
Scheel took from the table, for SECOND READING and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTIONS 050 AND 065
TO TITLE 9, CHAPTER 30 (NARCOTIC AND
DANGEROUS SUBSTANCES) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Nash, Kritzman, Pastor, Toy, Scheel, and Meakin
NAYS None
The Vice President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Toy took from the table, for SECOND READING and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 25 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
SECTION 3 THERETO
(Petition 2015-01-01-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Nash, Kritzman, Pastor, Toy, Scheel and Meakin
NAYS None
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The Vice President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Kritzman stepped down from the podium at 7 22 p m to avoid any perceived
conflict of interest.
A communication from the City Engineer, dated April 20, 2015, re DWRF
Project No 7356-01, was received and placed on file for the information of the
Council
A communication from the City Engineer, dated May 4, 2015, re DWRF
Project No 7356-01, was received and placed on file for the information of the
Council
On a motion by Pastor, supported by Toy, it was
#127-15 RESOLVED, that having considered a communication from
the City Engineer, dated April 20, 2015, approved for submission by the
Mayor, and a communication from the City Engineer dated April 13, 2015,
approved by the Director of Public Works, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of Rohl Networks, 2875
Jupiter Park Drive, Suite 900, Jupiter, Florida 33458, for completing all work
required in connection with water main improvements which are part of
DWRF Project No 7356-01, Phase II, for the estimated total cost of
$7,135,170 75, based upon the Engineering Department's estimate of units
involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, said cost and
unit prices having been in fact the lowest bid received and met all bid
specifications, FURTHER, the Council does hereby appropriate and
authorize the expenditure of a sum not to exceed $7,135,170 75 from the
Unexpended Fund Balance of the Water & Sewer Fund for this purpose,
said fund to be reimbursed by the proceeds of the Drinking Water Revolving
Fund Revenue Bonds, and the City Engineer is hereby authorized to
approve minor adjustments in the work as it becomes necessary; and the
Mayor and City Clerk are hereby authorized to execute a contract for and
on behalf of the City of Livonia with the aforesaid bidder and to do all other
things necessary or incidental to the full performance of this resolution
Pastor expounded on the reasons he chose to go with the low bidder, Rohl Networks
Nash asked for clarification of the relationship between the bond holder and the
successful bidder
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David Marinelli, CEO of Rohl Networks, came to the podium to answer questions of
Council
Toy questioned the disparity of bid amounts between the low bidder and second lowest
bidder
Scheel indicated that her vote is premised on the knowledge and expertise of the City's
Engineer and the hired consultant so she will not be in support of the resolution
Toy stated she has faith in Pastor's knowledge and will vote yes on the resolution
offered because she is fiscally responsible
Nash asked if Rohl will be opening an office in Livonia
Pastor discussed the relationship of the bond holder and the bidder
Toy asked for the Law Department's opinion on the arrangement.
Nash indicated she would be voting for the low bid
The project manager from DVM asked if the low bidder had met the DWRF
requirements
Todd Zilincik stated that DVM met more of the requirements and he expressed to
Council that the project is extremely time sensitive and must be started in two and a half
weeks and expounded on the DWRF experience that DVM has had
The President of DVM asked if Council was aware of Mr Marinelli's work history and his
longevity with Rohl
Zilincik responded to the inquiry
Kevin Maillard, Director of Public Works, stated his concerns if Council did not award
the project to DVM
Pastor responded that problems could occur with any contractor and that going with the
low bidder was a cost saving move for the City
Marinelli provided details of his work history
Eileen McDonnell inquired what impact it would have on the bidders, if Rohl was not
registered to do business in Michigan
Brad Squires, 9900 Berwick, and resident of Old Rosedale Gardens, expressed his
concerns about the project and its impact on his neighborhood
Following discussion by Council, a roll call vote was then taken on the proposed resolution
with the following result:
AYES Nash, Pastor, Toy
NAYS Scheel, Meakin
Vice President Meakin declared the resolution adopted
Kritzman returned to the podium at 7 59 p m
A communication from the Finance Department, re copy of paid water invoice,
was received and placed on file for the information of the Council
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On a motion by Toy, supported by Scheel, and unanimously adopted, it was
#128-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 10, 2015, approved for
submission by the Mayor, which transmits its resolution #03-11-2015,
adopted on March 3, 2015, with regard to Petition 2015-02-08-02, submitted
by N C Designers & Contracting, Inc , requesting site plan approval in
connection with a proposal to construct an addition to the Mobil gas station,
located on the southeast corner of Ann Arbor Trail and Ann Arbor Road
(37921 Ann Arbor Trail) in the Northeast 1/4 of Section 31, the Council does
hereby concur in the recommendation of the Planning Commission and
petition 2015-02-08-02 is hereby approved and granted, subject to the
following conditions
That the Proposed Site Plan marked SP -1, dated February 12, 2015,
prepared by N C Designers & Contracting Inc , is hereby approved
and shall be adhered to,
2 That the Landscape Planting Plan marked LP -1, dated February 24,
2015, as revised, prepared by Nagy Devlin Land Design, LLC , is
hereby approved and shall be adhered to
3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding,
4 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,
5 That the Exterior Building Elevation Plans marked sheets A-2, dated
February 12, 2015, and A-3, dated February 4, 2015, prepared by
N C Designers & Contracting Inc, are hereby approved and shall be
adhered to, provided that full -face, four (4) inch or "queen" size brick
be used on the sides and rear of the building, as indicated by the
project architect, along with stone and E I F S accents,
6 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,
7 That the support columns of the gas pump island canopy shall be
covered with the same brick or stone used in the construction of the
building,
8 That any illumination of the pump island canopy shall be restricted to
the undercarriage and all light fixtures shall be recessed and made
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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 contained in this ordinance,
9 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 and the enclosure gates shall be of
solid panel steel construction or durable, long-lasting solid panel
fiberglass and maintained and when not in use closed at all times,
10 That all light fixtures shall not exceed twenty feet (20') in height and
shall be aimed and shielded so as to minimize stray light trespassing
across property lines and glaring into adjacent roadway;
11 No outside storage, placement or display of merchandise shall be
permitted at any time on this site, however the prohibition shall not
apply to the display, on the pump islands only, of oil based products
as permitted in Section 11 03(12)(a) of the Zoning Ordinance,
12 That free air shall be provided at all times this station is open for
business The free air shall be dispensed at the point of service
without having to enter the station or the performance of any extra
action in order to obtain the air without charge,
13 That no vehicle vacuum equipment or the outdoor placement of
propane cylinder storage units shall be permitted on the site,
14 That the sale of ice shall be restricted to the inside of the building,
15 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,
16 That no part of the pump island canopy fascia, with the exception of
the lettering and embossed logos, shall be illuminated,
17 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,
18 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,
19 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
Regular Meeting Minutes of May 6, 2015
was
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building permit is obtained, this approval shall be null and void at the
expiration of said period
On a motion by Pastor, supported by Scheel, and unanimously adopted, it
#129-15 WHEREAS, the City Clerk has received an application for
Industrial Facilities Exemption Certificate from Mike VanDieren, Vice
President Corporate Development, McLaren Performance Technologies,
re for building improvements, machinery and equipment at their facility
located at 33233 West Eight Mile Road, Livonia, MI 48152 (Industrial
Development Districts #106 and #116)
WHEREAS, the City Clerk has notified in writing the Assessor of the City of
Livonia as well as the legislative body of each taxing unit which levies ad
valorem property taxes in the local governmental unit in which the proposed
equipment is to be located, i e , the City of Livonia, and advised each of
them that the said Application has been received, and
WHEREAS, the aggregate SEV of real and personal property exempt from
ad valorem taxes within the City of Livonia, after granting this certificate, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus
the SEV of personal and real property thus exempted, and
WHEREAS, the City Council has afforded McLaren Performance
Technologies, the Assessor, and a representative of each of the affected
taxing units an opportunity for a hearing on this application and said hearing
having in fact been conducted at 7 00 p m , Wednesday, April 22, 2015, at
the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received from the
applicant, McLaren Performance Technologies, finds and
determines (a) that the granting of this Industrial Facilities Exemption
Certificate shall not have the effect of substantially impeding the
operation of the local governmental unit or impairing the financial
soundness of any taxing unit which levies an ad valorem property tax
in the local governmental unit in which the equipment is to be located,
and (b) the applicant has fully complied with the requirements of
Section 9, Act No 198, P.A. 1974, as amended
2 That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from McLaren Performance
Technologies, covering new equipment for their facility located within
the City of Livonia Industrial Development District Nos 106 and 116,
for twelve (12) years
Regular Meeting Minutes of May 6, 2015
it was
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3 That in accordance with the requirements of Section 22, Act 198, P.A.
1974, as amended, wherein a Letter of Agreement between the
applicant and the City is required in order to clarify the understanding
and the commitment between the applicant and the City Council upon
approval of an Industrial Facilities Exemption Certificate, the Council
hereby authorizes the Administration to negotiate such Letter of
Agreement and authorizes the Mayor and City Clerk to sign such Letter
of Agreement as duly executed by the applicant and incorporate such
Letter of Agreement as part of the documentation required to process
applications for Industrial Facilities Exemption Certificates
On a motion by Toy, supported by Scheel, and unanimously adopted, it was
#130-15 RESOLVED, that having considered a communication from
the Chief of Police, dated April 1, 2015, 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
On a motion by Pastor, seconded by Kritzman, and unanimously adopted,
#131-15 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 Toy, supported by Scheel, and unanimously adopted, it was
#132-15 RESOLVED, that having considered a communication from
the Department of Law, dated April 28, 2015, approved for submission by
the Mayor, the Council does hereby authorize an additional appropriation
and expenditure in an amount not to exceed $80,200 00 for investigation
and testing by Soils and Materials Engineers, Inc ("SME") on behalf of the
City of Livonia in City of Livonia v Discount Pool& Spas, Inc, Wayne County
Circuit Court Case No 14 -015200 -CK, and Home -Owners Insurance
Company v Discount Pool & Spas, Inc , et al , Wayne County Circuit Court
Case No 15 -001133 -CB, FURTHER, that the Council does hereby
determine to authorize the purchase of these services without competitive
bidding pursuant to Code of Ordinances Section 3 04 140 D 2a inasmuch
as SME has the requisite expertise and has successfully performed
engineering services for the City in the past, and the need for confidentiality
and the time sensitivity of this litigation militate against competitive bidding,
FURTHER, the Council does hereby authorize the appropriation and
expenditure of the $80,200 00 from the unexpended fund balance of the
Regular Meeting Minutes of May 6, 2015
General Fund, and the Mayor and the City Clerk are hereby authorized to
execute a contract for and on behalf of the City with SME and to do all other
things necessary or incidental to the full performance of this resolution
On a motion by Toy, supported by Scheel, and unanimously adopted, it was
#133-15 RESOLVED, that having considered a communication from
the Department of Law, dated April 28, 2015, approved for submission by
the Mayor, the Council does hereby, by a two-thirds roll call vote in
accordance with Section 7(1) of the Open Meetings Act, direct that a Closed
Committee of the Whole Meeting be held for the purposes of discussing
litigation matters and attorney/client privileged communications in
connection with pending litigation, City of Livonia v Discount Pool & Spas,
Inc and Home -Owners Insurance Company v Discount Pool & Spas, Inc.,
et al
There was no Audience Communication at the end of the meeting
On a motion by Toy, supported by Scheel, and unanimously adopted, this
1,776th Regular Meeting of the Council of the City of Livonia was adjourned at
L-I&I'm
Susan A. Hoff, City N&k