HomeMy WebLinkAboutCOUNCIL MINUTES 2014-12-1539234
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND SIXTY-SEVENTH
REGULAR MEETING OF DECEMBER 15, 2014
On December 15, 2014, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by President
Brosnan at 7:00 p.m. Councilperson Kritzman led the meeting in the Invocation.
Roll was called with the following result: Brandon Kritzman, John
Pastor, Brian Meakin, Laura Toy, Lynda Scheel, Susan Nash and Maureen Miller
Brosnan.
Elected and appointed officials present: Mark Taormina, Director of
Planning and Economic Development; Todd Zilincik, City Engineer; Judy Priebe,
Director of Legislative Affairs; Terry Marecki, City Clerk; Don Knapp, City Attorney;
and Mayor Jack Kirksey.
On a motion by Scheel, supported by Pastor, it was:
#358-14 RESOLVED, that the Minutes of the 1,766th Regular
Meeting of the Council held December 1, 2014, are hereby approved
as submitted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kritzman, Pastor, Meakin, Toy, Scheel, Nash
NAYS: None.
PRESENT: Brosnan
Nash extended birthday greetings to Laura Toy for her upcoming
birthday on December 22nd
Pastor sent birthday greetings to Brian Meakin, nieces Leila and
Taylor, and nephew Adam. He wished everyone Happy Holidays.
Meakin announced that the Livonia Community Foundation is
accepting grant applications for eligible 501(c)(3) organizations through January
5th. The form is on their website.
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Regular Meeting Minutes of December 15, 2014
Toy recognized the birthdays of Linda McCann, Dennis Wright and
Brian Meakin.
Brosnan wished daughter Marie a Happy 20th Birthday. She also
acknowledged the hardworking staff that put up the Holiday decorations in and
around City Hall. She thanked the Livonia Historic Society for the wonderful dinner
put on for Council at the Hill House.
Toy stated that she enjoyed watching the Livonia Chorus at
Clarenceville High School.
Nash also wished son Logan a Happy 14th Birthday being celebrated
on Christmas Day.
Mayor Kirksey presented Terry Marecki, City Clerk, with a
Commendation from himself and the Council, thanking her for her many years of
service to the community and wished her well in her new position of Wayne County
Commissioner.
President Brosnan announced there is new data on Item #26 and
Item X-1 and that there will be three (3) X -Items at the end of the meeting.
During Audience Communication Robb Drzewicki, from the PTSA
Council, thanked the City Council for making 2015 the Year of the PTA Dad and
announced there will be a 1St Annual PTA Dads Chili Cook Off being held on
January 10, 2015 from 11:30 a.m. — 4:00 p.m. at Franklin High School.
A communication from the Department of Law dated November 24,
2014, re: Keith Hammons v. City of Livonia, et al., U.S. District Court Case No.
2:13-cv-15134, was received and placed on file for the information of the Council.
A communication from the Department of Law, dated November 21,
2014, re: International Outdoor Inc. v. City of Livonia, Wayne County Circuit
Court Case No. 14 -008996 -CZ, was received and placed on file for the information
of the Council.
Christopher Martin voiced his objections to Item #15 on the Consent
Agenda, stating the money could be better spent on improvements to the parking
lot and sidewalk outside of City Hall and on surveillance cameras.
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Regular Meeting Minutes of December 15, 2014
On a motion by Toy, supported by Scheel, it was:
A communication from the Office of the Mayor, dated November 21,
2014 re: Readiness and Response Plan in the Event of an Ebola Incident in Our
Community, was received and placed on file for the information of the Council.
#359-14 RESOLVED, that having considered a communication
from Tom Wagatha, owner of TNT Tree and Stump, received by the
Office of the City Clerk on November 24, 2014, requesting to
purchase City -owned property located on Glendale between
Farmington and Merriman, in order to use the land to process
hardwoods into split firewood and create TNT Firewood outlet, the
Council does hereby refer this matter to the City Planning
Commission and to the administration for their report and
recommendation
A communication from the Office of the City Clerk, dated November
17, 2014, re: forwarding a communication from Michael T. Slater, Treasurer,
setting forth the rate of tax to be levied for the Plymouth Road Development
Authority for the year 2014 and requesting that it be collected as a summer tax,
was received and placed on file for the information of the Council.
A communication from the Office of the City Clerk, dated November
17, 2014, re: to set the rate of tax to be levied for the Oakland Schools
Intermediate School District for the 2014 School Year and requesting that it be
collected as a summer tax, was received and placed on file for the information of
the Council.
A communication from the Office of the City Clerk, dated November
17, 2014, re: to set the tax rate to be levied for the Huron -Clinton Metropolitan
Authority for the year 2014 and requesting that it be collected as a winter tax, was
received and placed on file for the information of the Council.
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Regular Meeting Minutes of December 15, 2014
A communication from the Office of the City Clerk, dated November
17, 2014, re: to set the tax rate to be levied for the Wayne County Regional
Educational Service Agency (RESA) for the 2014 School Year and requesting that
it be collected as a summer tax, was received and placed on file for the information
of the Council.
A communication from the Office of the City Clerk, dated November
17, 2014, re: Tax Collection for the Wayne County Zoological Authority Millage for
the 2014 Tax Year, to set the rate of tax to be levied and requesting that it be
collected as a winter tax, was received and placed on file for the information of the
Council.
A communication from the Office of the City Clerk, dated November
17, 2014, re: to set the rate of tax to be levied for the State of Michigan, State
Education Tax for the year 2014, and requesting that it be collected as a summer
tax, was received and placed on file for the information of the Council.
A communication from the Office of the City Clerk, dated November
17, 2014, re: to set the rate of tax to be levied for the Wayne County Art Institute
Authority for the year 2014 and requesting that it be collected as a winter tax, was
received and placed on file for the information of the Council.
#360-14 RESOLVED, that having considered the report and
recommendation of the Information Systems Director, dated
November 3, 2014, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council
does hereby accept the proposal submitted by GovDelivery, Inc., 408
St. Peter Street, Suite 600, St. Paul, Minnesota 55102, for a one-
year licensing of the GovDelivery Service in the amount of $18,
975.00; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $18,975.00 from funds
budgeted in Account No. 101-915-818-005 for this purpose;
FURTHER, the Council does hereby authorize an expenditure for
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Regular Meeting Minutes of December 15, 2014
ongoing subscription in an amount not to exceed a five (5%) percent
increase over the previous year from funds available in Account No.
101-915-818-005; FURTHER, the Council does.hereby authorize the
action herein without competitive bidding in accordance with Section
3.04.140.D.4 of the Livonia Code of Ordinances, as amended, as
pricing is provided through Oakland County's G2G Cloud Solutions
contracts; and the Mayor and City Clerk are hereby authorized, for
and on behalf of the City of Livonia, to sign the attached proposal
dated June 17, 2014, subject to such changes as the Department of
Law may deem necessary, and to do all other things necessary or
incidental to the full performance of this resolution.
#361-14 RESOLVED, that having considered a communication
from the Director of Community Resources, dated November 13,
2014, which bears the signatures of the Finance Director and the City
Attorney and is approved for submission by the Mayor, and to which
is attached a proposed agreement for the Specialized Services
Transportation Operating Assistance Program Third -Party Contract
between SMART and the City of Livonia for the period October
1, 2014 through September 30, 2015, the Council does, for and
on behalf of the City of Livonia, authorize the Mayor and City
Clerk to execute the said agreement in the manner and form herein
submitted, provided that the agreement is approved as to form by the
Department of Law.
#362-14 RESOLVED, that having considered a communication
from the Interim Superintendent of Parks and Recreation, dated
November 13, 2014, 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 bids of the following companies
for supplying the Parks and Recreation Department with clothing for
the 2015 fiscal year as indicated on the attachment to the aforesaid
communication, the same having been the lowest bid submitted for
each item listed and meets all specifications:
Allgraphics Corporation,
Frank Alspector, 28960 E. King William Dr., Farmington Hills, MI
48331
Item 5 Jerzees J300
Adult Sm — XL $6.57
Item 6 Jerzees 100% cotton
Adult Sm — XL $4.68
Item 7 Jerzees 437ML
Adult Sm - XL $10.00
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Regular Meeting Minutes of December 15, 2014
Item 9 Gildan 8000/8000B
Youth Sm - M $2.85
Adult Sm - L $2.85
Item 10A Gildan Ultra Cotton*
Youth M - L
$3.08
Adult Sm — M
$2.51
Adult L - XL
$2.51
Item 10B Gildan Ultra Cotton*
Adult M - XL
$2.63
Adult 2XL
$4.80
Item 17 Gildan Softstyle
Adult M — XL
$2.94
Adult 2XL
$4.90
Estimated Cost
$2,336.30
* Lowest bidder when total quantity of shirts is multiplied by
prices.
Essential Business Services Group, Inc.
Carolyn Wright -Thomas, 21621 Concord, Southfield, MI
48076
Item 2 Jerzees Z NuBlend 996M
Adult M -XL
$9.50
Adult 2XL
$11.50
Item 3 Hooded Sweatshirt, Jerzees
Adult M -XL
$12.20
Adult 2XL
$14.50
Item 4 Jerzees J300
Adult Sm — XL
$6.70
Adult 2XL
$8.70
Item 12 Gildan Ultra 8000/8000B
Youth S - Lg
Adult S — XL
$3.70
Adult 2XL
$5.70
Item 18 Anvil 156 twill cap
One size fits all
$2.40
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Item 19A '/4 zip Port Authority fleece*
Adult Sm — XL $18.90
Item 19B Full zip Port Authority fleece*
Adult Sm — XL $22.00
Estimated Cost $7,806.76
* Lowest bidder when total quantity of shirts is multiplied by prices.
All American Embroidery
Sandeep Narang, 31600 Plymouth Rd., Livonia, MI 48150
Item 1 Anvil 980
Adult M - XL $3.80
Item 8 Gildan 2000/2000B
Adult Sm - XL $3.40
Adult SXL $5.40
Item 11 Anvil 949
Youth Sm - M $5.50
Adult Sm — XL $5.50
Adult 2XL — 3XL $6.99
Item 13 Fruit of the Loom 50/50
Adult M — 3XL $3.50
Item 14A Fruit of the Loom 50/50*
Youth M — Lg $3.00
Adult 2XL $3.00
Item 14B Fruit of the Loom 50/50*
Adult Sm - Lg $3.50
Adult 2XL $4.50
Item 15 Fruit of the Loom 50/50 Best
Adult M — XL $3.50
Adult SXL $4.50
Item 20 Jerzees 29LSR
Adult M - XL $5.59
Adult 2XL — 3XL $6.99
Item 21 Jerzees 29LSR
Adult Sm - XL $5.59
Adult 2XL $6.99
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Regular Meeting Minutes of December 15, 2014
Estimated Cost $6,735.79
* Lowest bidder when total quantity of shirts is multiplied by prices.
Creative Embroidery
Shelly Workman, 1156 Plett Rd., Cadillac, MI 49601
Item 16 Anvil Ladies
Adult Sm — XL Anvil 392 $5.30
Adult Sm — XL Anvil 880 $4.30
Item 22 '/4 zip Chestnut Hill CH910
Adult Sm — XL $22.50
Estimated Cost $961.20
FURTHER, the Council does hereby authorize such purchases
from funds already budgeted in the Department of Parks and
Recreation and Community Center Account Nos. 208-755-768-000,
208-717-764-000, 101-711-766-000, 101-707-764-000 and 208-
755-776-040 for this purpose.
#363-14 RESOLVED, that having considered the report and
recommendation of the Interim Superintendent of Parks and
Recreation, dated November 19, 2014, which bears the signature of
the Director of Finance and is approved for submission by the Mayor,
to which is attached a communication from B & B Pools and Spas,
dated November 20, 2014, wherein it is indicated that B & B Pools
and Spas has offered to extend their current contract price through
December 31, 2015, the Council does hereby authorize the purchase
of 300 buckets of pulsar briquettes from B & B Pools And Spas,
29440 Six Mile Road, Livonia, Michigan 48152, for a price of $105.00
per 50 pound bucket for a total price of $31,500.00 for use at the
Community Recreation Center, Botsford, Clements Circle and
Shelden Pools, with the understanding that such price per bucket will
remain in place through December 31, 2015; FURTHER, the Council
does hereby authorize an expenditure in the amount of $31,500.00
($18,900.00 from Account No. 208-755-743-000 — Community
Center; $5,040.00 from Account No. 208-720-743-000 — Botsford;
$5,040.00 from Account No. 208-721-743-000 — Clements Circle;
and $2,520.00 from Account No. 208-722-743-000 — Shelden) from
funds already budgeted for this purpose; FURTHER, the Council
does hereby authorize the said purchase 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
3.04.140.D.3 of the Livonia Code of Ordinances, as amended.
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Regular Meeting Minutes of December 15, 2014
#364-14 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated November 24,
2014, 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 Maverick Property Maintenance LLC,
9175 General Court, Plymouth, Michigan 48170, for completing all
work required in connection with the City's 2015-2017 weed cutting
and property maintenance program (INSP 14-2), for the estimated
cost of $27,000.00 annually, based upon the Public Service
Division's estimate of units involved, and subject to final payment
based upon the actual units completed in accordance with the unit
prices accepted herein, said estimated cost and unit prices having
been in fact the lowest bid received and meets all specifications;
FURTHER, the Council does hereby authorize the second lowest
bidder, R.F.C. LLC d/b/a U.S. Lawns of Livonia, 15040 Dumay,
Southgate, Michigan 48195, to provide weed cutting and routine
maintenance in the event the low bidder is unable to perform the
services specified, for the estimated cost of $36,000.00 annually,
based upon the Public Service Division's estimate of units involved;
FURTHER, the Council does hereby authorize an advance
expenditure in an amount not to exceed $27,000.00 per year from
Account Nos. 205-525-818-015 and 205-525-936-104 (Municipal
Refuse Fund) for the purpose of making payments to the contractor
as he completes the work, with the understanding that the Municipal
Refuse Fund Account will be reimbursed as bills for weed cutting are
collected; 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 bidders and to do all other things necessary or incidental
to the full performance of this resolution; and the Director of
Inspection is hereby authorized to approve minor adjustments in the
work as it becomes necessary.
#365-14 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated November 24,
2014, 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 seven (7) 2015 Ford Escape SUV'S (MICH
SPEC 3905-00186), from Gorno Ford, 22025 Allen Road,
Woodhaven, MI 48138 in the amount of $22,745.00 each, for a total
price of $159,215.00, to be expended from funds already budgeted
in the amount of $113,725.00 from Account No: 101-371-985-000
and $45,490.00 from Account No: 205-525-985-000 for this purpose
and to replace four (4) 2008 Ford Escapes and three (3) 2009 Ford
Escapes, which will be submitted for trade-in with a total value of
$39,200.00, including five (5) vehicles in the amount of $26,200.00
to be deposited to general fund sale of fixed assets account 101-000-
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Regular Meeting Minutes of December 15, 2014
680-000 and two (2) vehicles in the amount of $13,000.00 to be
deposited to refuse fund sale of fixed assets Account 205-000-680-
000, further, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as the same is
based upon the low State of Michigan bid price (under Contract No.
071-1313-00009), as well as for the additional reasons indicated in
the aforesaid communication, and such action is taken in accordance
with the provisions set forth in Section 3.04.14D4 of the Livonia Code
of Ordinances, as amended; and the Director of Inspection is hereby
authorized to approve minor adjustments in the work as it becomes
necessary.
#366-14 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated November
21, 2014, which sets forth its resolution number WS# 4979 11/14,
which bears the signature of the Director of Public Works and the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the Mayor and City Clerk to execute
a one year contract, for and on behalf of the City of Livonia, with East
Jordan Iron Works, 13001 Northend Avenue, Oak Park, Michigan
48237, for stormwater, water main and sanitary manhole related
items not to exceed $60,000.00 annually; FURTHER; the Council
does hereby authorize an expenditure in an amount not to exceed
$60,000.00 from funds already budgeted in Account Nos. 592-559-
787-060 (Water Valves & Gate Wells), 592-559-787-050 (Water
Main Supply), 592-559-787-070 (Hydrant Supply), and 592-559-796-
000 (Sanitary Supply) for this purpose; FURTHER, the Council does
hereby authorize such action without competitive bidding for the
reasons indicated in the aforesaid communication, and such action
is taken in accordance with Section 3.04.140D.3 of the Livonia Code
of Ordinances, as amended.
#367-14 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated November
21, 2014, which sets forth its resolution number WS# 4977 11/14,
which bears the signature of the Director of Public Works and the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the quotation of Liqui-Force Services
(USA), Inc., 28529 Goddard Road, Suite 106, Romulus, Michigan
48174, to perform various emergency relining repairs as well as
relining of a water main crossing under 1-96, in the amount not to
exceed $439,674.50; FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $439,674.50 from
Account No. 592-158-000 (Construction in Progress) for this
purpose; FURTHER, the Council does hereby authorize such action
without competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with Section
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Regular Meeting Minutes of December 15, 2014
3.04.140D.1 of the Livonia Code of Ordinances, as amended; and
the Director of Public Works is hereby authorized to approve any
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 company and
to do all other things necessary or incidental to the full performance
of this resolution.
#368-14 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated November
21, 2014, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
accept the following low bids which meet specifications for supplying
the Public Service Division (Road Maintenance Section) with
aggregate materials specified at the unit prices bid for the 2015
calendar year requirements:
1. Ellsworth Industries P.O. Box 5366 Plymouth, MI 48170
M.D.O.T.— Class I - D.T.Y. $7.75 per ton
M.D.O.T.— 60-40 Washed - $29.50 per ton
Conc. Aggregates —D.T.Y.
Ag -Lime — "Parks" $19.50 per ton
2. Dan's Transport Inc 5700 ReadV Rd. South Rockwood MI
M.D.O.T.
— 21AA — Limestone — D.T.Y.
$12.50 per ton
M.D.O.T.
— 22A — D.T.Y.
$11.00 per ton
W.C.D.P.S.—
30A Blast Furnace Slag — D.T.Y.
$15.00 per ton
M.D.O.T.
— 2NS Natural Sand — D.T.Y.
$12.50 per ton
M.D.O.T.
— 2MS Mortar Sand — D.T.Y.
$11.25 per ton
1" to 3" —
Crushed Concrete — D.T.Y.
$11.50 per ton
M.D.O.T.
— 6a Natural Stone — D.T.Y.
$16.85 per ton
FURTHER, The Council does hereby authorize the expenditure of
funds already budgeted from Account No. 101-463-782-000 (Roads
Maintenance Section) for this purpose.
#369-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 21, 2014,
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 authorize Change Order Number 2
to the 2014 Concrete Road Reconstruction, Contract 14-C and
authorizes additional expenditures at additional locations within the
target area, in the amount of $74,793.04, payable to Hard Rock
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Concrete, Inc., 38146 Abruzzi Drive, Westland, MI 48185, over and
above amounts previously authorized in Council Resolution #90-14,
adopted on APRIL 7, 2014, and in Council Resolution #220-14, for
the reasons indicated in the aforementioned report and
recommendation; FURTHER, the Council does hereby authorize
total appropriations and expenditures on Contract 14-C with Hard
Rock Concrete, Inc., in an amount not to exceed $1,787,206.04;
FURTHER, additional repairs authorized hereunder (Consumer's
Energy and additional concrete patching on Lyndon Road) shall be
paid from the Unexpended Fund Balance of Road, Sidewalk, and
Tree (204); FURTHER, the Council does hereby authorize the City
Engineer to approve minor adjustments in the work as it becomes
necessary.
#370-14 RESOLVED, that having considered a communication
from the City Engineer, dated November 21, 2014, which bears the
signature of the City Attorney, is approved by the Director of
Inspection and approved for submission by the Mayor, to which is
attached a communication from John Paepke, P.E., Traffic
Operations Engineer for the State of Michigan Department of
Transportation - Taylor Transportation Service Center, dated
November 17, 2014, the Council does hereby determine to waive
Section 8.32.070 (noise control) of the Livonia Code of Ordinances
for work during the nighttime hours for the duration of the M-14 Road
Resurfacing Project in order to adhere to MDOT specifications, to
reduce the impact to the motoring public and to maintain an
aggressive work schedule, work expected to begin in June of 2015
and be completed in September of 2015.
#371-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 21, 2014,
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 authorize an additional
appropriation and expenditure for the State Revolving Fund (SRF)
Project Plan 5543-01 — Manhole Rehabilitation Project, in an amount
not to exceed $171,086.47 payable to Advanced Rehabilitation
Technology, Ltd., 1116 County Road 17, Bryan, OH 43506, to close
out the contract previously authorized in Council Resolution #243-
13, adopted on July 15, 2013, for the reasons indicated in the
aforementioned report and recommendation; FURTHER, the Council
does hereby appropriate and authorize the expenditure of a sum not
to exceed $171,086.47 from the Project Contingency funds already
budgeted for this project in Account No: 592-158-000 Water and
Sewer Construction -in -Progress, and the City Engineer is hereby
authorized to approve minor adjustments in the work as it becomes
necessary.
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#372-14 RESOLVED, that having considered a communication
from the City Planning Commission, dated November 19, 2014,
which transmits its resolution 11-60-2014, adopted on November 18,
2014, with regard to Petition 2014-10-02-12, submitted by Futuristic
Design Consultant, requesting waiver use approval to expand the
existing carry -out service restaurant (Green Cedar), into a limited
service restaurant, located on the west side of Newburgh Road
between Seven Mile Road and Pembroke Avenue (19217 Newburgh
Road), within the Fountain Hill Shopping Center, in the Southeast 1/4
of Section 6, the Council- does hereby concur in the recommendation
made by the City Planning Commission and Petition 2014-10-02-12
is hereby approved and granted, subject to the following conditions:
1. That the Site Plan marked Sheet No. A-1 prepared by A.
Samuel Dorchen Architect, Inc., as received by the Planning
Commission on October 6, 2014, is hereby approved and shall be
adhered to,
2. That the maximum number of customer seats shall not exceed
a total of thirty (30) seats,
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 issues as outlined in the correspondence dated
November 18, 2014, from the Assistant Director of Inspection shall
be resolved to the satisfaction of the Inspection Department; and
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.
#373-14 RESOLVED, that having considered a communication
from the City Planning Commission, dated November 20, 2014,
which transmits its resolution 11-62-2014, adopted on November 18,
2014, with regard to Petition 2014-10-02-14, submitted by Elite Foot
Spa, L.L.C., requesting waiver use approval to operate a massage
establishment (Elite Foot Spa), located on the southeast corner of
Plymouth and Stark Roads (34389 Plymouth Road), within the Stark
Plaza Shopping Center, in the Northeast 1/4 of Section 33, the
Council does hereby concur in the recommendation made by the City
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Planning Commission and petition 2014-10-02-14 is hereby
approved and granted, subject to the following conditions:
1. That this facility shall comply with all of the special waiver use
standards and requirements pertaining to massage establishments
as set forth in Section 11.03(u) 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 Petitioner shall not engage in any form of solicitation
for business within the public right-of-ways of Plymouth or Stark
Roads; and
4. That the Law Department determine what, if any, certifications
are required in order for the Petitioner to engage in reflexology
services at this location.
FURTHER, 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.
#374-14 RESOLVED, that having considered a communication
from the City Planning Commission, dated November 20, 2014,
which transmits its resolution #11-64-2013, adopted on November
18, 2014, with regard to Petition 2014-10-08-16, submitted by Jades
Investments, Inc., requesting site plan approval in connection with a
proposal to construct an addition to the BP gas station, located on
the southeast corner of Schoolcraft and Farmington Roads, (33265
Schoolcraft Road) in the Northwest 1/4 of Section 27, the Council
does hereby concur in the recommendation of the Planning
Commission and Petition 2014-10-08-16 is hereby approved and
granted, subject to the following conditions:
1. That the Site/Landscape Plan marked SP -1, dated September
18, 2014, prepared by A & M Consultants, is hereby approved and
shall be adhered to,
2. That a fully detailed landscape plan shall be submitted for
approval to the Planning Department prior to the issuance of a
building permit by the Inspection Department;
3. That the Exterior Building Elevation Plan marked A-3, dated
September 18, 2014, prepared by A & M Consultants, is hereby
approved and shall be adhered to;
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4. 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;
5. 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;
6. 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(12)(a) of the
Zoning Ordinance;
7. 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;
8. That no vehicle vacuum equipment or the outdoor placement
of propane cylinder storage units shall be permitted on the site;
9. That the sale of ice shall be restricted to the inside of the
building,
10. 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;
11. That no part of the pump island canopy fascia, with the
exception of the embossed logos, shall be illuminated;
12. 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;
13. 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,
14. 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.
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Regular Meeting Minutes of December 15, 2014
#375-14 RESOLVED, that having considered a communication
from the Department of Law and the City Engineer, dated November
14, 2014, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
authorize the sale of a 10 foot easement at Rotary Park to Fibertech
Networks, LLC, for the purpose of installing one (1) 2 inch conduit
through Rotary Park to the Verizon Tower; the property in question
being more particularly described as follows:
Land in the City of Livonia, County of Wayne, State of Michigan,
being more particularly described as:
The west 'h of the southeast Y4 of section 10 except the south 60'
thereof, T 1S, R 9E, City of Livonia, Wayne County, Michigan,
consisting of +/-77.98 acres or less, subject to any easements of
record.
EASEMENT DESCRIPTION:
(10 -foot Wide Utility Easement)
Part of the above described property, described as
commencing at the south Y4 corner of section 10; thence N
00° 01' 40" W, 60.00 feet to a point on the north line of Six
Mile Road (120 feet wide); thence S 890 58'20" W, 38.00 feet
along said right-of-way to the point of beginning of the
centerline of a 10 feet wide easement; thence N 00° 01' 40"
W, 171.00 feet; thence N 16° 11' 39" E, 108.89 feet; thence
234.94 feet along the arc of a curve to the right, having a
radius of 1,053.00 feet and a chord bearing N 22° 35'46" E,
356.79 feet, thence N 81' 30' 10" E, 524.61 feet to the point
of ending. (See Exhibit "A", Attached Utility Easement Sketch
provided by P.E.A. of Michigan, Inc. dated 8-29-14 for
Fibertech Networks.)
subject to the following conditions:
That the purchase price shall be in the sum of $3,000.00; and
2. That any and all taxes, title insurance premiums, or closing
costs shall be paid by Fibertech Networks, LLC.
and the form labeled "Grant of Easement" and attached to the
referenced correspondence is hereby approved; and the proceeds
of the sale of such property shall be deposited to Account No. 208-
000-698-000, Community Recreation Sundry Income; further, the
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Regular Meeting Minutes of December 15, 2014
Mayor and City Clerk are authorized to execute said form conveying
the above-described easement to Fibertech, and the City Clerk is
hereby requested to have the same 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.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Kritzman, Pastor, Meakin, Toy, Scheel, Nash,
Brosnan
NAYS: None
A communication from the Office of the City Clerk, dated December
12, 2014, was received and placed on file for the information of the Council.
Ken Knoll, 37026 Clarita, spoke about other communities that had
combined the Treasurer and City Clerk positions and that this could be an
opportunity for Livonia to do so.
it was:
Christopher Martin voiced his opinion on combining the positions.
On a motion by Toy, supported by Nash, and unanimously adopted,
#376-14 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8,
2014, pursuant to Council Resolution No. 349-14, regarding the
issue of the vacancy of the City Clerk Position, the Council does
hereby determine to keep the matter in the Committee of the Whole
for further discussion.
On a motion by Scheel, supported by Nash, and unanimously
adopted, it was:
#377-14 RESOLVED, that having considered a communication
from the Department of Law, dated November 24, 2014, approved
for submission by the Mayor, transmitting for Council acceptance a
Grant of Easement executed by Outback Steakhouse of Florida,
LLC, for a 10' wide public utility easement in order to allow access
to the water main valve located at 13010 Middlebelt Road in the
North Y2 of Section 25, more particularly described as:
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Regular Meeting Minutes of December 15, 2014
10 -foot Wide Water Valve Access Easement
A 10 foot wide water valve access easement over part of Outlot
Parcel, being part of the North Y2 of Section 25, Town 1 South,
Range 9 East, City of Livonia, County of Wayne, and State of
Michigan, the centerline of said easement being more particularly
escribed as: Commencing at the Northwest corner of Section 25;
thence S 00°27'00"W, 1169.51 feet; thence S 89°34'33"E, 60.00
feet; thence S 00027'00"W, 166.93 feet; thence S 89034'33"E, 75.00
feet; thence S 00027'00"W, 5.00 feet; thence continuing S
00027'00"W, 30.00 feet; thence S 53°10'02"W, 57.81 feet; thence N
89034'33"W, 29.00 feet to the East line of Middlebelt Road (variable
width); thence along said East line, S 00°27'00"W, 124.40 feet to
the POINT OF BEGINNING; thence S 89°33'00"E, 17.00 feet to the
POINT OF ENDING.
See Attached Water Main Easement Sketch
The Council does hereby, for and in behalf of the City of Livonia,
accept the aforesaid Grant of Easement and the City Clerk is hereby
requested to have the same 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.
On a motion by Toy, supported by Pastor, and unanimously
adopted, it was:
#378-14 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.
A communication from the Department of Law, dated December 12,
2014, re: request from Norton X Brewing, Ltd., d/b/a Liberty Street Brewing
Company and Liberty Street Winery for a new State of Michigan Microbrewery
License, was received and placed on file for the information of the Council.
A print-out of Article XV. — ML District Regulations (Article XV, as
amended, by Ordinance No. 1238, adopted 3-10-76), was received and placed on
file for the information of the Council.
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Regular Meeting Minutes of December 15, 2014
A communication from Curtis Caid, Chief of Police, dated December
9, 2014, re: Liberty Street Production Brewery, was received and placed on file
for the information of the Council.
On a motion by Meakin, supported by Kritzman, and unanimously
adopted, it was:
it was:
it was:
#379-14 RESOLVED, that having considered a letter from Mark
R. McAlpine, President, Norton X Brewing, Ltd., d/b/a Liberty Street
Brewing Company and Liberty Street Winery, dated November 25,
2014, requesting local government approval for a new State of
Michigan Microbrewery License requested by the Michigan Liquor
Control Commission for the business to be located at 11721 Levan
Road, Livonia, MI 48150, the Council does hereby take this means
to advise the Michigan Liquor Control Commission that the City
Council approves the said request; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission.
On a motion by Pastor, supported by Toy, and unanimously adopted,
#380-14 RESOLVED, that having considered a communication
from the Department of Law, dated December 5, 2014, 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, A 123 Systems LLC v City of Livonia.
On a motion by Pastor, supported by Toy, and unanimously dopted,
#381-14 RESOLVED, that having considered a communication
from the Department of Law, dated December 5, 2014, 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, Robert Domino et al v City of Livonia.
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Regular Meeting Minutes of December 15, 2014
During Audience Communication Christopher Martin spoke about a
letter Leo Weber had written about him in the Observer and he also addressed the
issue of Freedom of Speech at Council Meetings.
Councilperson Toy thanked Clerk Marecki for her service to the
community.
Pastor thanked all City employees for their efforts and wished
everyone a Happy Holiday.
On a motion by Scheel, supported by Toy, and unanimously
adopted, this 1,767th Regular Meeting of the Council of the City of Livonia was
adjourned at 7:44 p.m.
eta A. Marecki, City Clerk