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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 39371 Regular Meeting Minutes of May 6, 2015 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 39372 Regular Meeting Minutes of May 6, 2015 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 39373 Regular Meeting Minutes of May 6, 2015 #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 39374 Regular Meeting Minutes of May 6, 2015 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. 39375 Regular Meeting Minutes of May 6, 2015 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, 39377 Regular Meeting Minutes of May 6, 2015 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) 39378 Regular Meeting Minutes of May 6, 2015 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 39379 Regular Meeting Minutes of May 6, 2015 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 39380 Regular Meeting Minutes of May 6, 2015 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 39381 Regular Meeting Minutes of May 6, 2015 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 39382 Regular Meeting Minutes of May 6, 2015 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 39383 Regular Meeting Minutes of May 6, 2015 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 39384 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 39385 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