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HomeMy WebLinkAboutCOUNCIL MINUTES 2016-01-20 39656 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND NINETY-THIRD REGULAR MEETING OF JANUARY 20, 2016 On January 20, 2016 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President McIntyre at 7:00 p.m. Councilmember Brosnan led the meeting in the Pledge with Brandon Callicoat of Boy Scout Troop 782. Roll was called with the following result: Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr, Brian Meakin, Brandon Kritzman and Kathleen McIntyre. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Economic Development and Planning; Todd Zilincik, Director of Engineering; Don Knapp,City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs; Michael Slater, Director of Finance; Dave Varga, Director of Administrative Affairs; and Mayor Dennis Wright. On a motion by Brosnan, supported by Jolly, and unanimously adopted, it was- #34-16 RESOLVED, that the Minutes of the 1,792nd Regular Meeting of the Council held January 11, 2016 are hereby approved as submitted. Kritzman called for a moment of silence in memoriam of slain Police Officer Larry Nehasil on the fifth anniversary of his death. Dave Varga, Director of Administrative Affairs, announced that the City will hold a Jeans Day this coming Friday to raise money and provide bottled water to the City of Flint and will partner with local business Quality Line Services and the Livonia Fire Department in delivering the donations. President McIntyre announced there will be two (2) Public Hearings being held at the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, on Wednesday, February 10, 2016 at 7:00 p.m.: 39657 Regular Meeting Minutes of January 20, 2016 Proposed Special Assessment Street Lighting Project for the Richfield Park Estates Site Condominiums, located west of Newburgh Road, between Ann Arbor Trail and Joy Road, in the Southeast '/4 of Section 31. Establishment of the Assessment Roll. PETITION 2015-12-01-11 submitted by Ajamco Inc., to rezone the north one hundred feet(100') of the property located on the west side of Middlebelt Road between Munger Avenue and Sixe Mile Road (16825 Middlebelt Road) in the Northeast 1/4 of Section 14, from P (Parking) to C-2 (General Business). President McIntyre stated there will be three X-items at the end of tonight's Agenda, as well as New Data on Items 7, 8, 11 and 12. During Audience Communication Christopher Martin, 12275 Inkster Road, spoke about the history of his property and his current request about getting on a study agenda concerning his building violations. On a motion by White, supported by Kritzman, it was: A communication from the Office of the City Clerk, dated January 4, 2016, re: forwarding a communication from the Secretary of the Board of Education, re: collection of the 2016 taxes for the Livonia Public School District dated December 15, 2015, was received and placed on file for the information of the Council. #35-16 RESOLVED, that having considered a communication from the Assessor, dated December 15, 2015, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6 of the Charter of the City of Livonia, the Council does hereby determine to approve the following dates for the Board of Review to conduct Public Hearings in 2016, which Public Hearings are to be conducted in the conference room of the City Assessor on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154: FIRST SESSION Tuesday March 8, 2016 Organizational Meeting 9:00 a.m. - 1:00 p.m. Thursday March 10, 2016 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. Friday March 11, 2016 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. 39658 Regular Meeting Minutes of January 20, 2016 SECOND SESSION Monday March 14, 2016 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. Tuesday March 15, 2016 9:00 a.m. - 12:00 p.m. 2:00 p.m. - 9:00 p.m. Thursday March 17, 2016 9:00 a.m. - 12:00 p.m. 2:00 p.m. - 9:00 p.m. Friday March 18, 2016 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. Monday March 21, 2016 9:00 a.m. - 1:00 p.m. FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be $120.00 for the Chairperson and $100.00 for other members. Pursuant to Public Act No. 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers will be used to determine the State Equalized Value (S.E.V.) for the year 2016: CLASS RATIO S.E.V. FACTOR (MULTIPLIER) Agricultural 50.00 1.0000 Commercial 50.00 1.0000 Industrial 50.00 1.0000 Residential 50.00 1.0000 Personal 50.00 1.0000 #36-16 RESOLVED, that having considered a communication from the Water and Sewer Board, dated December 8, 2015, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 5107 12/15, the Council does hereby accept the bid of Etna Supply, 529 32nd Street, S.E., Grand Rapids, Michigan 49548, for supplying the Public Service Division (Water Maintenance Section)with water main repair clamps for a period of two years, based upon the unit prices set forth in the attachment therein, for a total amount not to exceed $120,000.00, the same having been in fact the lowest bid received which meets all specifications; Further, the Council does hereby authorize such expenditure from funds already budgeted in Account No.: 592-000-111-020 (Water Maintenance Section) for this purpose. #37-16 WHEREAS, Chapter 7 of the Wayne County Storm Water Management Ordinance, Enrolled Ordinance No. 2000-652 (October 23, 2000) ("Wayne County Ordinance"), requires storm water management systems to be maintained in perpetuity to ensure that the systems function properly as designed; WHEREAS, Rule 801 of the Wayne County Storm Water Management Administrative Rules ("Administrative Rules") requires applicants for storm water construction approval to submit long-term maintenance plans as part of an application for storm water construction approval; 39659 Regular Meeting Minutes of January 20, 2016 WHEREAS, Michigan Schools & Government Credit Union ("Developer") has applied to the Wayne County Department of Public Services for a storm water construction approval with respect to a project named Michigan Schools and Government Credit Union ("Project") located at 20595 Farmington Road, in the City of Livonia; WHEREAS, Developer's application for storm water construction approval has been assigned permit review number R 15-124; WHEREAS, Developer submitted a plan to the County and City of Livonia entitled Storm Water Facilities Maintenance Agreement("Plan") for long-term maintenance of the storm water management system(s) at the Project pursuant to Rule 801, which Plan has been tentatively approved by the County pending issuance of this resolution and has been accepted by the City of Livonia; and WHEREAS, the City of Livonia has agreed to assume jurisdiction and accept responsibility for long-term maintenance of storm water management system(s) at the Project in perpetuity; NOW THEREFORE BE IT RESOLVED, that the City of Livonia assumes jurisdiction over and accepts responsibility for long-term maintenance of storm water management system(s) at the Project pursuant to the Wayne County Ordinance, the Administrative Rules, the Plan, and the storm water construction approval issued by Wayne County; BE IT FURTHER RESOLVED that approval be and is hereby granted, authorizing the City Engineer to execute, on behalf of the City of Livonia, Permit No. M-48244 for long term maintenance of storm water management system issued by Wayne County for the Project; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Department of Public Services. #38-16 RESOLVED, that having considered a communication from the City Planning Commission, dated December 21, 2015, which transmits its resolution #12-91-2015, adopted on December 15, 20157 with regard to Petition 2015-11-08-18, submitted by Sheldon Center, L.L.C., in connection with a proposal to renovate and expand the existing commercial shopping center (Shelden Park Village) including remodel the exterior facade of the existing shopping center building, reconfigure the layout of the parking lot, construct a freestanding full service restaurant, and obtain preliminary approval for two (2) future commercial buildings, located at the southeast corner of Plymouth and Farmington Roads (33111 thru 33251 Plymouth Road) in the Northwest 1/4 of Section 34, the council does hereby concur in the recommendation of the Planning Commission and Petition 2015-11- 39660 Regular Meeting Minutes of January 20, 2016 08-18 is hereby approved and granted, subject to the following conditions: 1. That the Site Plan marked Sheet SP-1 and the Enlarge Site Plan marked Sheet SP-2, both dated December 10, 2015, as revised, prepared by J2BA Architects, are hereby approved and shall be adhered to; 2. That the parking lot shall be repaired, resealed and restriped as necessary to the satisfaction of the Inspection Department. Parking spaces shall be doubled striped at ten feet (10') wide by twenty feet (20') in length; 3. That the Landscape Plan prepared by Stewart Hass & Associates, as received by the Planning Commission on December 11, 2015, is hereby approved and shall be adhered to; 4. That all disturbed lawn areas shall be sodded in lieu of hydro- seeding; 5. 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; 6. That the Floor Plan and Elevations — Large Building Plan marked Sheet A-3 dated November 20, 2015, prepared by J2BA Architects, is hereby approved and shall be adhered to; 7. That the Farmington Road Elevation - Small Building Plan marked Sheet A-4 dated December 10, 2015, prepared by J2BA Architects, is hereby approved and shall be adhered to; 8. 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; 9. That the issues as outlined in the correspondence dated December 4, 2015, from the Fire Marshal, including the recommendation of installing a Ladder Port/Ladder Receiver, shall be resolved to the satisfaction of the Fire Department; 10. That a significant number of dumpster enclosures shall be located throughout the development and within a practical walking distance from the buildings and the number, distance and locations shall be approved by the Inspection Department 39661 Regular Meeting Minutes of January 20, 2016 11. That the three walls of the trash dumpster areas shall be a minimum of seven feet (7') in height, constructed out of the same brick used in the construction of the buildings or in the event a poured wall is substituted, the wall's design, texture and color shall match 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; 12. That this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required permits, including soil erosion and sedimentation control permits; 13. That all light fixtures along the front part of the development shall not exceed twenty feet(20') in height and those at the back of the site shall not exceed twenty-five feet (25) in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways; 14. That only conforming wall signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 15. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the buildings or around the windows; 16. 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 17. 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. #39-16 RESOLVED, that having considered a communication from the City Planning Commission, dated December 21, 20157 approved for submission by the Mayor, which transmits its resolution #12-90-2015, adopted on December 15, 2015, with regard to Petition 2015-11-02-25, submitted by Sheldon Center, L.L.C., requesting waiver use approval pursuant to Section 11.03(c)(1) of the City of Livonia Zoning Ordinance#543, as amended, to construct and operate a freestanding full service restaurant with drive-up window facilities (Jimmy John's) at Shelden Park Village, located at the southeast 39662 Regular Meeting Minutes of January 20, 2016 corner of Plymouth and Farmington Roads (33111 thru 33251 Plymouth Road) in the Northwest 1/4 of Section 34, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2015-11-02-25 is hereby approved and granted, subject to the following conditions: 1. That the maximum customer seating count for this restaurant shall not exceed a total of fifty-five (55) seats, including forty- three (43) interior seats and twelve (12) outdoor patio seats; 2. That the Site Plan marked Sheet SP-1 and the Enlarge Site Plan marked Sheet SP-2, both dated December 10, 2015, as revised, prepared by J2BA Architects, are hereby approved and shall be adhered to; 3. That the two (2) spaces designated for drive-up window customers may be omitted only if this requirement is waived by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 4. That the Elevation and Cross Section Plan marked Sheet A-2 dated December 10, 2015, as revised, prepared by J2BA Architects, 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 shall be a minimum seven feet (7') in height, constructed out of building materials that shall complement 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; 7. That this restaurant shall provide disposal of grease waste in accordance with Section 13.20.380 of the City Code of Ordinances; 8. That the issues as outlined in the correspondence dated December 4, 2015, from the Fire Marshal, including the recommendation of installing a Ladder Port/Ladder Receiver, shall be resolved to the satisfaction of the Fire Department; 9. 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; 39663 Regular Meeting Minutes of January 20, 2016 10. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 11. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits; and 12. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and McIntyre NAYS: None The President declared the resolutions adopted. A communication from Fouad Dabaja, 15983 Middlebelt, L.L.C., dated January 8, 2016, re: Petition 2015-09-01-09, was received and placed on file for the information of the Council. White gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 5437 AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTON 3. THERETO. (PETITION 2015-09-01-09) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated 39664 Regular Meeting Minutes of January 20, 2016 herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. A communication from residents opposing the rezoning request submitted by McLaren, dated January 19, 2016, re: Petition 2015-11-01-10, was received and placed on file for the information of the Council. Meakin gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 3 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 2015-11-01-10) The following audience members spoke against the project: Mike Horton, 20409 Hubbard Melissa Wegener, 20445 Hubbard Robert Austin, 20306 Hubbard Daniel Steele, 11037 Ingram Christopher Martin, 12275 Inkster Road Ralph Martin, 20366 Hubbard After discussion by Council, Meakin invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Bahr, Meakin, McIntyre NAYS: Brosnan, Jolly, White, Kritzman The President declared the foregoing Emergency Clause and second reading motion failed. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated 39665 Regular Meeting Minutes of January 20, 2016 herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. On a motion by Kritzman, supported by Meakin, and unanimously adopted, it was- #40-16 RESOLVED, that having considered a communication from the City Engineer, dated December 1, 2015, approved for submission by the Mayor, to which is attached a letter from Tina Pieczarka of Timothy Patrick Homes, dated November 24, 2015, requesting a waiver of the sidewalk requirement in front of the new residence located at 14341 Henry Ruff, in the SE '/4 of Section 23, the Council does hereby reject the recommendation of the City Engineer and approves this request inasmuch as omitting the the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing on the west side of Henry Ruff, south of Lyndon Avenue in this area; Further, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date. Kritzman stepped down from the podium to avoid any perceived conflict of interest at 7:45 p.m. On a motion by White, supported by Jolly, it was- #41-16 as:#41-16 RESOLVED, that having considered Petition 2015-12- 03-02, submitted by John Wright, Executive Director of Facilities Management, Schoolcraft College, dated December 18, 20157 wherein a request is submitted for vacating the existing on-site public sanitary sewer, storm sewer, and water main easements at their property located at 39201 Seven Mile Road, such utilities thereby becoming private, and with Schoolcraft College assuming all responsibility for the operation and maintenance of same, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City Ordinance. A roll call vote was taken on the foregoing resolution with the following result: 39666 Regular Meeting Minutes of January 20, 2016 AYES: Brosnan, Jolly, White, Bahr, Meakin, and McIntyre NAYS: None Kritzman returned to the podium at 7:46 p.m. An exterior elevation plan from Diffin-Umlor, dated January 15, 2016, re: Petition 2015-10-02-23, was received and placed on file for the information of the Council. On a motion by White, supported by Bahr, and unanimously adopted, it was- #42-16 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 2015, approved for submission by the Mayor, which transmits its resolution #12-87-2015, adopted on December 15, 2015, with regard to Petition 2015-10-02-23, submitted by Panera Bread, L.L.C., requesting waiver use approval pursuant to Section 11.03(c)(1) of the City of Livonia Zoning Ordinance#543, as amended, to add a drive-up window facility to an existing full service restaurant located within the Millennium Park Retail Center on the south side of Schoolcraft Road between Middlebelt Road and Inkster Road (28551 Schoolcraft Road) in the Northwest 1/4 of Section 25, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2015-10-02-23 is hereby approved and granted, subject to the following conditions- 1. onditions:1. That the Grading/Soil Erosion Control Plan marked Sheet No. C-2.0 prepared by Diffin-Umlor&Associates, as received by the Planning Commission on December 10, 2015, is hereby approved and shall be adhered to; 2. That pavement markings be provided across the drive aisle and drive-up lane leading to the rear entrance on the east side of the building for pedestrian safety purposes; 3. That the Exterior Building Elevations Plan marked Sheet No. A- 5.1 as received by the Office of the City Clerk on January 15, 2016, prepared by LK Architecture, is hereby approved and shall be adhered to; 4. That the relocated dumpster enclosures shall be located within a practical walking distance from the building and the exact 39667 Regular Meeting Minutes of January 20, 2016 number, locations and screening shall be approved by the Planning and Inspection Departments; 5. That the walls of the relocated dumpster enclosures shall be a minimum seven feet (7') in height, 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; 6. That two (2) parking spaces near the drive-up window shall be designated for drive-up window customers; 7. That the issues as outlined in the correspondence dated November 3, 2015, from the Fire Marshal, including those relating to the requirement that the proposed addition must conform to current NFPA 101 standards, shall be resolved to the satisfaction of the Fire Department; 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. That all disturbed lawn areas shall be sodded in lieu of hydro- seeding; 11. 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 12. 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. An email communication from Frank Jonna, Jonna Realty Ventures, dated January 18, 2016, re: removing Item 12 from Agenda. (Petition 2015- 10-08-17) 39668 Regular Meeting Minutes of January 20, 2016 At the direction of the Chair, Item 12 was removed from the Agenda. On a motion by Meakin, seconded by Brosnan, and unanimously adopted, it was- #43-16 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda. Brosnan, as Chair of the Infrastructure and Community Transit Committee, reported out on the meeting of January 19, 2016. On a motion by Brosnan, seconded by Meakin, it was: RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated January 20, 2016, submitted pursuant to Council Resolution 27-16, regarding a request to waive the noise ordinance for the Michigan Department of Transportation (MDOT) in order to permit a 24-hour work day in conjunction with the 1-275/M-5 Interchange, South of 1-275 to North of 5 Mile Road Rehabilitation Project, the Council does hereby deny the request of the Michigan Department of Transportation (MDOT) to waive the noise ordinance in connection with the 1-275/M-5 Interchange, south of 1-275 to north of 5 Mile Road Rehabilitation Project. McIntyre passed the gavel at 8:05 p.m. to Vice President Kritzman. The following audience members spoke on the issue: Linda Lawson, 16631 Blue Skies Drive Sandra Carroll, 16397 Marsha Craig Gauthier, 16124 Houghton Mike Budai, MDOT After discussion by Council, a roll call vote was taken on the foregoing resolution with the following result: AYES: Brosnan, Kritzman NAYS: Jolly, White, Bahr, Meakin and McIntyre The Vice President declared the resolution failed for lack of support. Vice President Kritzman returned the gavel to President McIntyre at 8:19 p.m. 39669 Regular Meeting Minutes of January 20, 2016 On a motion by Meakin, supported by Jolly, it was- #44-16 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated January 20, 2016, submitted pursuant to Council Resolution 27-16, regarding a request to waive the noise ordinance for the Michigan Department of Transportation (MDOT) in order to permit a 24-hour work day in conjunction with the 1-275/M-5 Interchange, South of 1-275 to North of 5 Mile Road Rehabilitation Project, the Council does hereby approve the request of the Michigan Department of Transportation (MDOT) to waive the noise ordinance in connection with the 1-275/M-5 interchange, south of 1-275 to north of 5 Mile Road Rehabilitation project, subject to the following conditions: 1. That MDOT to agrees to put in additional trees along the 1-275 corridor, after meeting with communities to decide the best location of the trees to help mitigate noise; 2. MDOT will conduct a noise study before the project is commenced and after the project is completed to establish a benchmark; 3. That pavement breaking will be limited to the hours of 7:00 a.m. and 11:00 p.m.; 4. The staging and starting of the project will be restricted to daytime hours only; 5. That MDOT will work with the various communities to determine the location of a batch plant and establish a noise and dust mitigation plan; 6. That berms will be put in place as part of the landscaping plan and MDOT will be responsible for finding the appropriate room available on 1-275 for the berms; 7. The concrete crusher will be outside the limits of the project; and 8. MDOT will look into a mowing plan that does not remove any of the natural landscape that provides a noise barrier to surrounding residents. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jolly, White, Bahr, Meakin, and McIntyre NAYS: Brosnan, Kritzman The President declared the resolution adopted. 39670 Regular Meeting Minutes of January 20, 2016 Brosnan stated that the subject of 1-275 Noise Abatement will remain in Committee. (CR 816-00) On a motion by White, seconded by Brosnan, and unanimously adopted, it was: #45-16 RESOLVED, that having considered a communication from the City Clerk, Susan M. Nash, dated January 18, 2016, the Council does hereby approve the appointment of Adriane D Spencer to the Office of Deputy Clerk effective January 1, 2016; FURTHER, the Council does hereby establish the annual salary for this position in the amount of $54,142.40 with the understanding that all benefits as previously approved by the Council for other appointed positions within the City be also extended to this position. On a motion by Meakin, seconded by Brosnan, and unanimously adopted, it was: #46-16 WHEREAS, the Commission of the Municipal Building Authority of Livonia, County of Wayne, State of Michigan (the "Authority") has undertaken or will shortly undertake proceedings to refund all or a portion of the Authority's 2008 Building Authority(District Court Facility) Bonds (Limited Tax General Obligation), dated December 23, 2008 (the "Prior Bonds"); and WHEREAS, such refunding will result in lower costs to the City of Livonia (the "City") for the use of the facilities leased to the City; and WHEREAS, a refunding contract between the City and the Authority (the "Refunding Contract") has been prepared respecting said refunding; and WHEREAS, it is necessary that the City undertake and make certain covenants and representations respecting the Authority's proposed issuance of refunding bonds to refund the Prior Bonds (the "Refunding Bonds"). NOW, THEREFORE, BE IT RESOLVED THAT- 1. HAT:1. The City shall, to the extent permitted by law, take all actions within its control necessary to maintain the exclusion of the interest on the Refunding Bonds from gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended, (the "Code") including, but not limited to, actions relating to any required rebate of arbitrage earnings and the expenditure and investment of bond proceeds and moneys deemed to be bond proceeds, and to 39671 Regular Meeting Minutes of January 20, 2016 prevent the Authority's refunding bonds from being or becoming "private activity bonds" as that term is used in Section 141 of the Code. 2. The City hereby authorizes the Authority to prepare and circulate a preliminary and final official statement in connection with the refunding bonds and, if applicable, further authorizes the Mayor, Clerk, Finance Director, or Treasurer to execute such official statements on behalf of the City. 3. The Mayor, Clerk, Finance Director, and Treasurer of the City are each hereby authorized to execute any certificates on behalf of the City necessary for the issuance of such Refunding Bonds. 4. The City hereby covenants to comply with Securities and Exchange Commission Rule 15c2-12 (the "Rule") and shall enter into an undertaking for the benefit of the holders and beneficial owners of the Refunding Bonds (the "Undertaking"). In connection therewith, the Mayor and Finance Director are each hereby authorized to execute and deliver the Undertaking prior to the delivery of the Refunding Bonds. 5. The Refunding Contract shall be dated such date as may be appropriate and the same in substantially the form attached hereto as Exhibit A, is hereby approved. The Mayor and Clerk are hereby directed to execute and deliver said Refunding Contract on behalf of the City. The Refunding Contract shall become effective immediately upon execution and delivery by the City and the Authority. 6. The City Council does hereby ratify and confirm its covenant in the Refunding Contract to levy ad valorem taxes against all taxable property in the City to the extent necessary to meet the obligations of the City thereunder in the event revenues from other sources are insufficient for any reason whatsoever. Any such taxes levied to pay the obligations under the Refunding Contract shall be subject to applicable constitutional, statutory and charter tax rate limitations. 7. All resolutions and parts of resolutions insofar as the same conflict with the provisions of this Resolution be and the same hereby are rescinded. EXHIBIT A REFUNDING CONTRACT THIS CONTRACT, made and entered into as of the 22nd day of January, 2016, under the provisions of Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended (the "Act") and Act 34, Public 39672 Regular Meeting Minutes of January 20, 2016 Acts of Michigan, 2001, as amended, ("Act 34") (the Act and Act 34 collectively, the "Acts") by and between the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, a public corporation organized and existing under the authority of the Act (the "Authority"), and the CITY OF LIVONIA, County of Wayne, a Michigan municipal corporation organized and existing under the Constitution and laws of the State of Michigan (the "City"). WITNESSETH: WHEREAS, the Authority has been incorporated under and in pursuance of the provisions of the Act for the purpose of acquiring, furnishing, equipping, owning, improving, enlarging, operating and maintaining a building or buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for use for any legitimate public purpose of the City; and WHEREAS, the City and the Authority previously entered into a Limited Tax Full Faith and Credit General Obligation Contract of Lease, dated October 17, 2008, (the "Contract") wherein the Authority agreed to acquire public facilities and lease said facilities to the City; and WHEREAS, the Authority issued bonds pursuant to the Contract, designated 2008 Building Authority (District Court Facility) Bonds (Limited Tax General Obligation), dated December 23, 2008 (the "Prior Bonds"); and WHEREAS, the Authority and the City have been advised that conditions in the bond market have now improved to the point that all or a portion of the Prior Bonds could be refunded at a savings; and WHEREAS, it is the determination and judgment of the Authority and the City that all or a portion of the Prior Bonds should be refunded (the "Refunding") to secure for the City the interest savings anticipated and thereby permit the operation of the financed facilities in a more economical fashion for the benefit of the users of the facilities and the taxpayers of the City; and WHEREAS, the execution of this contract (the "Refunding Contract") is necessary in order to implement a refunding program; NOW, THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree as follows- 1. ollows:1. The Authority and the City hereby approve and confirm the Refunding under the provisions of the Acts in the manner provided by and pursuant to this Refunding Contract. 39673 Regular Meeting Minutes of January 20, 2016 2. The Authority will issue a single series of refunding bonds (the "Refunding Bonds") in a total principal amount not to exceed $7,800,000 in order to pay all or part of the costs of the Refunding. All costs of the Refunding and of issuing the Refunding Bonds, including, but not limited to, payment of the principal of and interest on the Prior Bonds, underwriting discount, bond and other printing, administrative, legal and financial advisory expenses, credit enhancement costs, rating fees, trustee and paying agent/registrar fees and all related expenses shall be paid from the proceeds of sale of the Refunding Bonds or from cash amounts to be made available by the City to pay such costs. 3. To carry out and accomplish the Refunding in accordance with the provisions of Michigan law, the Authority shall take the following steps: (a) The Authority will adopt a resolution providing for the issuance of the Refunding Bonds in an aggregate principal amount not to exceed $7,800,000 (the "Refunding Bond Resolution"), such resolution to be substantially in the form attached hereto and based upon the Authority's analysis of the financial benefits of the Refunding. The Refunding Bonds shall mature serially or be subject to mandatory sinking fund redemption, as authorized by law, and will be issued in anticipation of the debt service installment payments required to be made by the City as provided in this Refunding Contract and will be secured primarily by the contractual obligations of the City to pay said installments when due, including interest. After due adoption of the Refunding Bond Resolution, the Authority will take all legal procedures and steps necessary to effectuate the sale and delivery of the Refunding Bonds. (b) The Authority, upon receipt of proceeds of sale of the Refunding Bonds, will comply with all provisions and requirements of law, the Refunding Bond Resolution and this Refunding Contract relative to the disposition and use of the proceeds of sale thereof. (c) The Authority shall not make any investments or take any other actions which would cause the Refunding Bonds herein authorized to be constituted as arbitrage bonds pursuant to any applicable federal statutes or regulations. (d) The Authority shall take all steps necessary to refund the Prior Bonds. 4. The full principal amount of the Refunding Bonds shall be charged to and paid by the City to the Authority in annual principal installments, together with interest and other expenses as herein provided. It is understood and agreed that the Refunding Bonds of the Authority will be issued in anticipation of such payments by the City. 39674 Regular Meeting Minutes of January 20, 2016 It is agreed that the City shall pay to the Authority, at least one business day prior to the annual maturity or mandatory redemption date of principal amounts of the Refunding Bonds, such principal amount, and in addition, at least one business day prior to each interest payment date on the Refunding Bonds, as accrued interest on the principal installments remaining unpaid, an amount sufficient to pay all interest due on the next succeeding interest payment date. From time to time as the Authority is billed by the registrar/transfer/paying agent for the Refunding Bonds for their services, and as other costs and expenses accrue to the Authority from handling of the payments made by the City or from other action taken in connection with the Refunding Bonds, the Authority shall notify the City of the amount of such fees, costs and expenses, and the City shall, within thirty (30) days from such notification, remit to the Authority sufficient funds to pay such amounts. The Authority shall, within thirty (30) days after the delivery of the Refunding Bonds, furnish the City with a complete schedule of said installments and the interest thereon and due dates and shall also, at least thirty (30) days prior to each due date, advise the City, in writing, of the exact amount due on the next due date. The failure to give such notice shall not, however, excuse the City from making required payments when due under the provisions hereof. 5. The City, pursuant to Section 8a of the Act and pursuant to Act 34, hereby irrevocably pledges its full faith and credit for the prompt and timely payment of its obligations pledged for payment of the Refunding Bonds as expressed in this Refunding Contract. Pursuant to such pledge, if other funds are not available, the City shall be required to pay such amounts from any of its general funds as a first budget obligation and shall each year levy an ad valorem tax on all the taxable property in the City in an amount which, taking into consideration estimated delinquencies in tax collections, will be sufficient to pay such obligations under this Refunding Contract becoming due before the time of the following year's tax collections, such annual levy shall however be subject to applicable constitutional, statutory and charter tax rate limitations. Commitments of the City are expressly recognized as being for the purpose of providing funds to meet the respective contractual obligations of the City in anticipation of which the Refunding Bonds are issued. Nothing herein contained shall be construed to prevent the City from using any, or any combination, of the means and methods provided in Section 8a of the Act for the purpose of providing funds to meet its obligations under this Refunding Contract, and if at the time of making the annual tax levy 39675 Regular Meeting Minutes of January 20, 2016 there shall be other funds on hand earmarked and set aside for the payment of the contractual obligations due prior to the next tax collection period, then such annual tax levy may be reduced by such amount. 6. Additional moneys over and above any of the payments specified in this Refunding Contract may be prepaid as provided in this Refunding Contract. 7. All provisions of the Contract not inconsistent herewith, and particularly all covenants relative to the payment of and security for the Prior Bonds made by the City therein, shall remain in full force and effect and shall apply with equal effect to the Refunding Bonds authorized hereby, it being understood that upon issuance of the Refunding Bonds, all or any portion of the Prior Bonds refunded will be defeased and the Refunding Bonds shall be substituted therefor and shall be outstanding in their place and stead. 8. Nothing herein contained shall in any way be construed to prevent additional financing under the provisions of the Act. 9. The obligations and undertakings of each of the parties to this Refunding Contract shall be conditioned upon the successful accomplishment of the proposed Refunding, and therefore if for any reason whatsoever the Refunding Bonds are not issued, then this Refunding Contract shall be considered void and of no force and effect; provided, however, that in such event, all costs and expenses shall be paid by the City in accordance with existing commitments to the Authority, and the Authority shall not be obligated for such costs and expenses. 10. The Authority and the City each recognize that the holders from time to time of the Refunding Bonds will have contractual rights in this Refunding Contract, and it is therefore covenanted and agreed by each of them that so long as any of the Refunding Bonds shall remain outstanding and unpaid, the provisions of this Refunding Contract shall not be subject to any alteration or revision which would in any manner materially affect either the security of the Refunding Bonds or the prompt payment of principal of or interest thereon. The City and the Authority further covenant and agree that they will each comply with their respective duties and obligations under the terms of this Refunding Contract promptly at all times and in the manner herein set forth, and will not suffer to be done any act which would in any way impair the Refunding Bonds, the security therefor, or the prompt payment of principal of and interest thereon. It is hereby declared that the terms of this Refunding Contract insofar as they pertain to the security of the Refunding Bonds shall be deemed to be for the benefit of the holders of said Refunding Bonds. 11. This Refunding Contract shall remain in full force and effect until the Refunding Bonds issued by the Authority are paid, at which time 39676 Regular Meeting Minutes of January 20, 2016 this Refunding Contract shall be terminated, and the provisions of the Contract relative to disposition of the financed facilities shall be carried out. In any event, the obligations of the City to make the payments required hereunder shall be terminated at such time as all of the Refunding Bonds are paid in full by the City, together with all interest and penalties and other obligations hereunder. 12. This Refunding Contract shall inure to the benefit of and be binding upon the respective parties hereto, their successors and assigns. IN WITNESS WHEREOF, the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, by its Commission, and the CITY OF LIVONIA, COUNTY OF WAYNE, MICHIGAN, by its City Council, have each caused its name to be signed to this instrument by its duly authorized officers and its seal to be affixed hereto the day and year first above written. In the presence of: MUNICIPAL BUILDING AUTHORITY OF LIVONIA By: Chairman By: Secretary (Seal) CITY OF LIVONIA By: Mayor By: Clerk (Seal) 39677 Regular Meeting Minutes of January 20, 2016 STATE OF MICHIGAN ) )ss COUNTY OF WAYNE ) On this day of January, 2016, before me appeared and , to me personally known, who, being by me duly sworn, did, each for himself or herself, say that they are respectively the Chairman and Secretary of the Commission of the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, a public corporation of the State of Michigan, and that said instrument was signed and sealed on behalf of said Authority by authority of its Commission, and the said persons acknowledged said instrument to be the free act and deed of said Authority. Notary Public, Wayne County, MI My Commission Expires: STATE OF MICHIGAN ) )ss COUNTY OF WAYNE ) On this day of January, 2016, before me appeared Dennis K. Wright and Susan M. Nash, to me personally known, who, being by me duly sworn, did, each for himself or herself, say that they are respectively the Mayor and Clerk of the CITY OF LIVONIA, County of Wayne, Michigan, a municipal corporation in the State of Michigan, and that said instrument was signed and sealed on behalf of the said City by authority of its City Council and the said persons acknowledged said instrument to be the free act and deed of said City. Notary Public, Wayne County, MI My Commission Expires: Michael Slater, Director of Finance, and Bond Counsel Tom Colis of Miller, Canfield were present to answer any questions of Council. 39678 Regular Meeting Minutes of January 20, 2016 There was no Audience Communication at the end of the meeting. On a motion by Bahr, supported by Kritzman, and unanimously adopted, this 1,793rd Regular Meeting of the Council of the City of Livonia was adjourned at 8:27 p.m. on January 20, 2016. Susan M. Nash City Clerk 39656 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND NINETY-THIRD REGULAR MEETING OF JANUARY 20, 2016 On January 20, 2016 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President McIntyre at 7:00 p.m. Councilmember Brosnan led the meeting in the Pledge with Brandon Callicoat of Boy Scout Troop 782. Roll was called with the following result: Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr, Brian Meakin, Brandon Kritzman and Kathleen McIntyre. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Economic Development and Planning; Todd Zilincik, Director of Engineering; Don Knapp,City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs; Michael Slater, Director of Finance; Dave Varga, Director of Administrative Affairs; and Mayor Dennis Wright. On a motion by Brosnan, supported by Jolly, and unanimously adopted, it was- #34-16 RESOLVED, that the Minutes of the 1,792nd Regular Meeting of the Council held January 11, 2016 are hereby approved as submitted. Kritzman called for a moment of silence in memoriam of slain Police Officer Larry Nehasil on the fifth anniversary of his death. Dave Varga, Director of Administrative Affairs, announced that the City will hold a Jeans Day this coming Friday to raise money and provide bottled water to the City of Flint and will partner with local business Quality Line Services and the Livonia Fire Department in delivering the donations. President McIntyre announced there will be two (2) Public Hearings being held at the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, on Wednesday, February 10, 2016 at 7:00 p.m.: 39657 Regular Meeting Minutes of January 20, 2016 Proposed Special Assessment Street Lighting Project for the Richfield Park Estates Site Condominiums, located west of Newburgh Road, between Ann Arbor Trail and Joy Road, in the Southeast '/4 of Section 31. Establishment of the Assessment Roll. PETITION 2015-12-01-11 submitted by Ajamco Inc., to rezone the north one hundred feet(100') of the property located on the west side of Middlebelt Road between Munger Avenue and Sixe Mile Road (16825 Middlebelt Road) in the Northeast 1/4 of Section 14, from P (Parking) to C-2 (General Business). President McIntyre stated there will be three X-items at the end of tonight's Agenda, as well as New Data on Items 7, 8, 11 and 12. During Audience Communication Christopher Martin, 12275 Inkster Road, spoke about the history of his property and his current request about getting on a study agenda concerning his building violations. On a motion by White, supported by Kritzman, it was: A communication from the Office of the City Clerk, dated January 4, 2016, re: forwarding a communication from the Secretary of the Board of Education, re: collection of the 2016 taxes for the Livonia Public School District dated December 15, 2015, was received and placed on file for the information of the Council. #35-16 RESOLVED, that having considered a communication from the Assessor, dated December 15, 2015, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6 of the Charter of the City of Livonia, the Council does hereby determine to approve the following dates for the Board of Review to conduct Public Hearings in 2016, which Public Hearings are to be conducted in the conference room of the City Assessor on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154: FIRST SESSION Tuesday March 8, 2016 Organizational Meeting 9:00 a.m. - 1:00 p.m. Thursday March 10, 2016 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. Friday March 11, 2016 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. 39658 Regular Meeting Minutes of January 20, 2016 SECOND SESSION Monday March 14, 2016 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. Tuesday March 15, 2016 9:00 a.m. - 12:00 p.m. 2:00 p.m. - 9:00 p.m. Thursday March 17, 2016 9:00 a.m. - 12:00 p.m. 2:00 p.m. - 9:00 p.m. Friday March 18, 2016 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. Monday March 21, 2016 9:00 a.m. - 1:00 p.m. FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be $120.00 for the Chairperson and $100.00 for other members. Pursuant to Public Act No. 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers will be used to determine the State Equalized Value (S.E.V.) for the year 2016: CLASS RATIO S.E.V. FACTOR (MULTIPLIER) Agricultural 50.00 1.0000 Commercial 50.00 1.0000 Industrial 50.00 1.0000 Residential 50.00 1.0000 Personal 50.00 1.0000 #36-16 RESOLVED, that having considered a communication from the Water and Sewer Board, dated December 8, 2015, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 5107 12/15, the Council does hereby accept the bid of Etna Supply, 529 32nd Street, S.E., Grand Rapids, Michigan 49548, for supplying the Public Service Division (Water Maintenance Section)with water main repair clamps for a period of two years, based upon the unit prices set forth in the attachment therein, for a total amount not to exceed $120,000.00, the same having been in fact the lowest bid received which meets all specifications; Further, the Council does hereby authorize such expenditure from funds already budgeted in Account No.: 592-000-111-020 (Water Maintenance Section) for this purpose. #37-16 WHEREAS, Chapter 7 of the Wayne County Storm Water Management Ordinance, Enrolled Ordinance No. 2000-652 (October 23, 2000) ("Wayne County Ordinance"), requires storm water management systems to be maintained in perpetuity to ensure that the systems function properly as designed; WHEREAS, Rule 801 of the Wayne County Storm Water Management Administrative Rules ("Administrative Rules") requires applicants for storm water construction approval to submit long-term maintenance plans as part of an application for storm water construction approval; 39659 Regular Meeting Minutes of January 20, 2016 WHEREAS, Michigan Schools & Government Credit Union ("Developer") has applied to the Wayne County Department of Public Services for a storm water construction approval with respect to a project named Michigan Schools and Government Credit Union ("Project") located at 20595 Farmington Road, in the City of Livonia; WHEREAS, Developer's application for storm water construction approval has been assigned permit review number R 15-124; WHEREAS, Developer submitted a plan to the County and City of Livonia entitled Storm Water Facilities Maintenance Agreement("Plan") for long-term maintenance of the storm water management system(s) at the Project pursuant to Rule 801, which Plan has been tentatively approved by the County pending issuance of this resolution and has been accepted by the City of Livonia; and WHEREAS, the City of Livonia has agreed to assume jurisdiction and accept responsibility for long-term maintenance of storm water management system(s) at the Project in perpetuity; NOW THEREFORE BE IT RESOLVED, that the City of Livonia assumes jurisdiction over and accepts responsibility for long-term maintenance of storm water management system(s) at the Project pursuant to the Wayne County Ordinance, the Administrative Rules, the Plan, and the storm water construction approval issued by Wayne County; BE IT FURTHER RESOLVED that approval be and is hereby granted, authorizing the City Engineer to execute, on behalf of the City of Livonia, Permit No. M-48244 for long term maintenance of storm water management system issued by Wayne County for the Project; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Department of Public Services. #38-16 RESOLVED, that having considered a communication from the City Planning Commission, dated December 21, 2015, which transmits its resolution #12-91-2015, adopted on December 15, 20157 with regard to Petition 2015-11-08-18, submitted by Sheldon Center, L.L.C., in connection with a proposal to renovate and expand the existing commercial shopping center (Shelden Park Village) including remodel the exterior facade of the existing shopping center building, reconfigure the layout of the parking lot, construct a freestanding full service restaurant, and obtain preliminary approval for two (2) future commercial buildings, located at the southeast corner of Plymouth and Farmington Roads (33111 thru 33251 Plymouth Road) in the Northwest 1/4 of Section 34, the council does hereby concur in the recommendation of the Planning Commission and Petition 2015-11- 39660 Regular Meeting Minutes of January 20, 2016 08-18 is hereby approved and granted, subject to the following conditions: 1. That the Site Plan marked Sheet SP-1 and the Enlarge Site Plan marked Sheet SP-2, both dated December 10, 2015, as revised, prepared by J2BA Architects, are hereby approved and shall be adhered to; 2. That the parking lot shall be repaired, resealed and restriped as necessary to the satisfaction of the Inspection Department. Parking spaces shall be doubled striped at ten feet (10') wide by twenty feet (20') in length; 3. That the Landscape Plan prepared by Stewart Hass & Associates, as received by the Planning Commission on December 11, 2015, is hereby approved and shall be adhered to; 4. That all disturbed lawn areas shall be sodded in lieu of hydro- seeding; 5. 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; 6. That the Floor Plan and Elevations — Large Building Plan marked Sheet A-3 dated November 20, 2015, prepared by J2BA Architects, is hereby approved and shall be adhered to; 7. That the Farmington Road Elevation - Small Building Plan marked Sheet A-4 dated December 10, 2015, prepared by J2BA Architects, is hereby approved and shall be adhered to; 8. 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; 9. That the issues as outlined in the correspondence dated December 4, 2015, from the Fire Marshal, including the recommendation of installing a Ladder Port/Ladder Receiver, shall be resolved to the satisfaction of the Fire Department; 10. That a significant number of dumpster enclosures shall be located throughout the development and within a practical walking distance from the buildings and the number, distance and locations shall be approved by the Inspection Department 39661 Regular Meeting Minutes of January 20, 2016 11. That the three walls of the trash dumpster areas shall be a minimum of seven feet (7') in height, constructed out of the same brick used in the construction of the buildings or in the event a poured wall is substituted, the wall's design, texture and color shall match 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; 12. That this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required permits, including soil erosion and sedimentation control permits; 13. That all light fixtures along the front part of the development shall not exceed twenty feet(20') in height and those at the back of the site shall not exceed twenty-five feet (25) in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways; 14. That only conforming wall signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 15. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the buildings or around the windows; 16. 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 17. 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. #39-16 RESOLVED, that having considered a communication from the City Planning Commission, dated December 21, 20157 approved for submission by the Mayor, which transmits its resolution #12-90-2015, adopted on December 15, 2015, with regard to Petition 2015-11-02-25, submitted by Sheldon Center, L.L.C., requesting waiver use approval pursuant to Section 11.03(c)(1) of the City of Livonia Zoning Ordinance#543, as amended, to construct and operate a freestanding full service restaurant with drive-up window facilities (Jimmy John's) at Shelden Park Village, located at the southeast 39662 Regular Meeting Minutes of January 20, 2016 corner of Plymouth and Farmington Roads (33111 thru 33251 Plymouth Road) in the Northwest 1/4 of Section 34, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2015-11-02-25 is hereby approved and granted, subject to the following conditions: 1. That the maximum customer seating count for this restaurant shall not exceed a total of fifty-five (55) seats, including forty- three (43) interior seats and twelve (12) outdoor patio seats; 2. That the Site Plan marked Sheet SP-1 and the Enlarge Site Plan marked Sheet SP-2, both dated December 10, 2015, as revised, prepared by J2BA Architects, are hereby approved and shall be adhered to; 3. That the two (2) spaces designated for drive-up window customers may be omitted only if this requirement is waived by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 4. That the Elevation and Cross Section Plan marked Sheet A-2 dated December 10, 2015, as revised, prepared by J2BA Architects, 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 shall be a minimum seven feet (7') in height, constructed out of building materials that shall complement 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; 7. That this restaurant shall provide disposal of grease waste in accordance with Section 13.20.380 of the City Code of Ordinances; 8. That the issues as outlined in the correspondence dated December 4, 2015, from the Fire Marshal, including the recommendation of installing a Ladder Port/Ladder Receiver, shall be resolved to the satisfaction of the Fire Department; 9. 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; 39663 Regular Meeting Minutes of January 20, 2016 10. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 11. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits; and 12. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and McIntyre NAYS: None The President declared the resolutions adopted. A communication from Fouad Dabaja, 15983 Middlebelt, L.L.C., dated January 8, 2016, re: Petition 2015-09-01-09, was received and placed on file for the information of the Council. White gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 5437 AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTON 3. THERETO. (PETITION 2015-09-01-09) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated 39664 Regular Meeting Minutes of January 20, 2016 herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. A communication from residents opposing the rezoning request submitted by McLaren, dated January 19, 2016, re: Petition 2015-11-01-10, was received and placed on file for the information of the Council. Meakin gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 3 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 2015-11-01-10) The following audience members spoke against the project: Mike Horton, 20409 Hubbard Melissa Wegener, 20445 Hubbard Robert Austin, 20306 Hubbard Daniel Steele, 11037 Ingram Christopher Martin, 12275 Inkster Road Ralph Martin, 20366 Hubbard After discussion by Council, Meakin invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Bahr, Meakin, McIntyre NAYS: Brosnan, Jolly, White, Kritzman The President declared the foregoing Emergency Clause and second reading motion failed. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated 39665 Regular Meeting Minutes of January 20, 2016 herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. On a motion by Kritzman, supported by Meakin, and unanimously adopted, it was- #40-16 RESOLVED, that having considered a communication from the City Engineer, dated December 1, 2015, approved for submission by the Mayor, to which is attached a letter from Tina Pieczarka of Timothy Patrick Homes, dated November 24, 2015, requesting a waiver of the sidewalk requirement in front of the new residence located at 14341 Henry Ruff, in the SE '/4 of Section 23, the Council does hereby reject the recommendation of the City Engineer and approves this request inasmuch as omitting the the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing on the west side of Henry Ruff, south of Lyndon Avenue in this area; Further, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date. Kritzman stepped down from the podium to avoid any perceived conflict of interest at 7:45 p.m. On a motion by White, supported by Jolly, it was- #41-16 as:#41-16 RESOLVED, that having considered Petition 2015-12- 03-02, submitted by John Wright, Executive Director of Facilities Management, Schoolcraft College, dated December 18, 20157 wherein a request is submitted for vacating the existing on-site public sanitary sewer, storm sewer, and water main easements at their property located at 39201 Seven Mile Road, such utilities thereby becoming private, and with Schoolcraft College assuming all responsibility for the operation and maintenance of same, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City Ordinance. A roll call vote was taken on the foregoing resolution with the following result: 39666 Regular Meeting Minutes of January 20, 2016 AYES: Brosnan, Jolly, White, Bahr, Meakin, and McIntyre NAYS: None Kritzman returned to the podium at 7:46 p.m. An exterior elevation plan from Diffin-Umlor, dated January 15, 2016, re: Petition 2015-10-02-23, was received and placed on file for the information of the Council. On a motion by White, supported by Bahr, and unanimously adopted, it was- #42-16 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 2015, approved for submission by the Mayor, which transmits its resolution #12-87-2015, adopted on December 15, 2015, with regard to Petition 2015-10-02-23, submitted by Panera Bread, L.L.C., requesting waiver use approval pursuant to Section 11.03(c)(1) of the City of Livonia Zoning Ordinance#543, as amended, to add a drive-up window facility to an existing full service restaurant located within the Millennium Park Retail Center on the south side of Schoolcraft Road between Middlebelt Road and Inkster Road (28551 Schoolcraft Road) in the Northwest 1/4 of Section 25, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2015-10-02-23 is hereby approved and granted, subject to the following conditions- 1. onditions:1. That the Grading/Soil Erosion Control Plan marked Sheet No. C-2.0 prepared by Diffin-Umlor&Associates, as received by the Planning Commission on December 10, 2015, is hereby approved and shall be adhered to; 2. That pavement markings be provided across the drive aisle and drive-up lane leading to the rear entrance on the east side of the building for pedestrian safety purposes; 3. That the Exterior Building Elevations Plan marked Sheet No. A- 5.1 as received by the Office of the City Clerk on January 15, 2016, prepared by LK Architecture, is hereby approved and shall be adhered to; 4. That the relocated dumpster enclosures shall be located within a practical walking distance from the building and the exact 39667 Regular Meeting Minutes of January 20, 2016 number, locations and screening shall be approved by the Planning and Inspection Departments; 5. That the walls of the relocated dumpster enclosures shall be a minimum seven feet (7') in height, 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; 6. That two (2) parking spaces near the drive-up window shall be designated for drive-up window customers; 7. That the issues as outlined in the correspondence dated November 3, 2015, from the Fire Marshal, including those relating to the requirement that the proposed addition must conform to current NFPA 101 standards, shall be resolved to the satisfaction of the Fire Department; 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. That all disturbed lawn areas shall be sodded in lieu of hydro- seeding; 11. 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 12. 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. An email communication from Frank Jonna, Jonna Realty Ventures, dated January 18, 2016, re: removing Item 12 from Agenda. (Petition 2015- 10-08-17) 39668 Regular Meeting Minutes of January 20, 2016 At the direction of the Chair, Item 12 was removed from the Agenda. On a motion by Meakin, seconded by Brosnan, and unanimously adopted, it was- #43-16 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda. Brosnan, as Chair of the Infrastructure and Community Transit Committee, reported out on the meeting of January 19, 2016. On a motion by Brosnan, seconded by Meakin, it was: RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated January 20, 2016, submitted pursuant to Council Resolution 27-16, regarding a request to waive the noise ordinance for the Michigan Department of Transportation (MDOT) in order to permit a 24-hour work day in conjunction with the 1-275/M-5 Interchange, South of 1-275 to North of 5 Mile Road Rehabilitation Project, the Council does hereby deny the request of the Michigan Department of Transportation (MDOT) to waive the noise ordinance in connection with the 1-275/M-5 Interchange, south of 1-275 to north of 5 Mile Road Rehabilitation Project. McIntyre passed the gavel at 8:05 p.m. to Vice President Kritzman. The following audience members spoke on the issue: Linda Lawson, 16631 Blue Skies Drive Sandra Carroll, 16397 Marsha Craig Gauthier, 16124 Houghton Mike Budai, MDOT After discussion by Council, a roll call vote was taken on the foregoing resolution with the following result: AYES: Brosnan, Kritzman NAYS: Jolly, White, Bahr, Meakin and McIntyre The Vice President declared the resolution failed for lack of support. Vice President Kritzman returned the gavel to President McIntyre at 8:19 p.m. 39669 Regular Meeting Minutes of January 20, 2016 On a motion by Meakin, supported by Jolly, it was- #44-16 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated January 20, 2016, submitted pursuant to Council Resolution 27-16, regarding a request to waive the noise ordinance for the Michigan Department of Transportation (MDOT) in order to permit a 24-hour work day in conjunction with the 1-275/M-5 Interchange, South of 1-275 to North of 5 Mile Road Rehabilitation Project, the Council does hereby approve the request of the Michigan Department of Transportation (MDOT) to waive the noise ordinance in connection with the 1-275/M-5 interchange, south of 1-275 to north of 5 Mile Road Rehabilitation project, subject to the following conditions: 1. That MDOT to agrees to put in additional trees along the 1-275 corridor, after meeting with communities to decide the best location of the trees to help mitigate noise; 2. MDOT will conduct a noise study before the project is commenced and after the project is completed to establish a benchmark; 3. That pavement breaking will be limited to the hours of 7:00 a.m. and 11:00 p.m.; 4. The staging and starting of the project will be restricted to daytime hours only; 5. That MDOT will work with the various communities to determine the location of a batch plant and establish a noise and dust mitigation plan; 6. That berms will be put in place as part of the landscaping plan and MDOT will be responsible for finding the appropriate room available on 1-275 for the berms; 7. The concrete crusher will be outside the limits of the project; and 8. MDOT will look into a mowing plan that does not remove any of the natural landscape that provides a noise barrier to surrounding residents. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jolly, White, Bahr, Meakin, and McIntyre NAYS: Brosnan, Kritzman The President declared the resolution adopted. 39670 Regular Meeting Minutes of January 20, 2016 Brosnan stated that the subject of 1-275 Noise Abatement will remain in Committee. (CR 816-00) On a motion by White, seconded by Brosnan, and unanimously adopted, it was: #45-16 RESOLVED, that having considered a communication from the City Clerk, Susan M. Nash, dated January 18, 2016, the Council does hereby approve the appointment of Adriane D Spencer to the Office of Deputy Clerk effective January 1, 2016; FURTHER, the Council does hereby establish the annual salary for this position in the amount of $54,142.40 with the understanding that all benefits as previously approved by the Council for other appointed positions within the City be also extended to this position. On a motion by Meakin, seconded by Brosnan, and unanimously adopted, it was: #46-16 WHEREAS, the Commission of the Municipal Building Authority of Livonia, County of Wayne, State of Michigan (the "Authority") has undertaken or will shortly undertake proceedings to refund all or a portion of the Authority's 2008 Building Authority(District Court Facility) Bonds (Limited Tax General Obligation), dated December 23, 2008 (the "Prior Bonds"); and WHEREAS, such refunding will result in lower costs to the City of Livonia (the "City") for the use of the facilities leased to the City; and WHEREAS, a refunding contract between the City and the Authority (the "Refunding Contract") has been prepared respecting said refunding; and WHEREAS, it is necessary that the City undertake and make certain covenants and representations respecting the Authority's proposed issuance of refunding bonds to refund the Prior Bonds (the "Refunding Bonds"). NOW, THEREFORE, BE IT RESOLVED THAT- 1. HAT:1. The City shall, to the extent permitted by law, take all actions within its control necessary to maintain the exclusion of the interest on the Refunding Bonds from gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended, (the "Code") including, but not limited to, actions relating to any required rebate of arbitrage earnings and the expenditure and investment of bond proceeds and moneys deemed to be bond proceeds, and to 39671 Regular Meeting Minutes of January 20, 2016 prevent the Authority's refunding bonds from being or becoming "private activity bonds" as that term is used in Section 141 of the Code. 2. The City hereby authorizes the Authority to prepare and circulate a preliminary and final official statement in connection with the refunding bonds and, if applicable, further authorizes the Mayor, Clerk, Finance Director, or Treasurer to execute such official statements on behalf of the City. 3. The Mayor, Clerk, Finance Director, and Treasurer of the City are each hereby authorized to execute any certificates on behalf of the City necessary for the issuance of such Refunding Bonds. 4. The City hereby covenants to comply with Securities and Exchange Commission Rule 15c2-12 (the "Rule") and shall enter into an undertaking for the benefit of the holders and beneficial owners of the Refunding Bonds (the "Undertaking"). In connection therewith, the Mayor and Finance Director are each hereby authorized to execute and deliver the Undertaking prior to the delivery of the Refunding Bonds. 5. The Refunding Contract shall be dated such date as may be appropriate and the same in substantially the form attached hereto as Exhibit A, is hereby approved. The Mayor and Clerk are hereby directed to execute and deliver said Refunding Contract on behalf of the City. The Refunding Contract shall become effective immediately upon execution and delivery by the City and the Authority. 6. The City Council does hereby ratify and confirm its covenant in the Refunding Contract to levy ad valorem taxes against all taxable property in the City to the extent necessary to meet the obligations of the City thereunder in the event revenues from other sources are insufficient for any reason whatsoever. Any such taxes levied to pay the obligations under the Refunding Contract shall be subject to applicable constitutional, statutory and charter tax rate limitations. 7. All resolutions and parts of resolutions insofar as the same conflict with the provisions of this Resolution be and the same hereby are rescinded. EXHIBIT A REFUNDING CONTRACT THIS CONTRACT, made and entered into as of the 22nd day of January, 2016, under the provisions of Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended (the "Act") and Act 34, Public 39672 Regular Meeting Minutes of January 20, 2016 Acts of Michigan, 2001, as amended, ("Act 34") (the Act and Act 34 collectively, the "Acts") by and between the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, a public corporation organized and existing under the authority of the Act (the "Authority"), and the CITY OF LIVONIA, County of Wayne, a Michigan municipal corporation organized and existing under the Constitution and laws of the State of Michigan (the "City"). WITNESSETH: WHEREAS, the Authority has been incorporated under and in pursuance of the provisions of the Act for the purpose of acquiring, furnishing, equipping, owning, improving, enlarging, operating and maintaining a building or buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for use for any legitimate public purpose of the City; and WHEREAS, the City and the Authority previously entered into a Limited Tax Full Faith and Credit General Obligation Contract of Lease, dated October 17, 2008, (the "Contract") wherein the Authority agreed to acquire public facilities and lease said facilities to the City; and WHEREAS, the Authority issued bonds pursuant to the Contract, designated 2008 Building Authority (District Court Facility) Bonds (Limited Tax General Obligation), dated December 23, 2008 (the "Prior Bonds"); and WHEREAS, the Authority and the City have been advised that conditions in the bond market have now improved to the point that all or a portion of the Prior Bonds could be refunded at a savings; and WHEREAS, it is the determination and judgment of the Authority and the City that all or a portion of the Prior Bonds should be refunded (the "Refunding") to secure for the City the interest savings anticipated and thereby permit the operation of the financed facilities in a more economical fashion for the benefit of the users of the facilities and the taxpayers of the City; and WHEREAS, the execution of this contract (the "Refunding Contract") is necessary in order to implement a refunding program; NOW, THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree as follows- 1. ollows:1. The Authority and the City hereby approve and confirm the Refunding under the provisions of the Acts in the manner provided by and pursuant to this Refunding Contract. 39673 Regular Meeting Minutes of January 20, 2016 2. The Authority will issue a single series of refunding bonds (the "Refunding Bonds") in a total principal amount not to exceed $7,800,000 in order to pay all or part of the costs of the Refunding. All costs of the Refunding and of issuing the Refunding Bonds, including, but not limited to, payment of the principal of and interest on the Prior Bonds, underwriting discount, bond and other printing, administrative, legal and financial advisory expenses, credit enhancement costs, rating fees, trustee and paying agent/registrar fees and all related expenses shall be paid from the proceeds of sale of the Refunding Bonds or from cash amounts to be made available by the City to pay such costs. 3. To carry out and accomplish the Refunding in accordance with the provisions of Michigan law, the Authority shall take the following steps: (a) The Authority will adopt a resolution providing for the issuance of the Refunding Bonds in an aggregate principal amount not to exceed $7,800,000 (the "Refunding Bond Resolution"), such resolution to be substantially in the form attached hereto and based upon the Authority's analysis of the financial benefits of the Refunding. The Refunding Bonds shall mature serially or be subject to mandatory sinking fund redemption, as authorized by law, and will be issued in anticipation of the debt service installment payments required to be made by the City as provided in this Refunding Contract and will be secured primarily by the contractual obligations of the City to pay said installments when due, including interest. After due adoption of the Refunding Bond Resolution, the Authority will take all legal procedures and steps necessary to effectuate the sale and delivery of the Refunding Bonds. (b) The Authority, upon receipt of proceeds of sale of the Refunding Bonds, will comply with all provisions and requirements of law, the Refunding Bond Resolution and this Refunding Contract relative to the disposition and use of the proceeds of sale thereof. (c) The Authority shall not make any investments or take any other actions which would cause the Refunding Bonds herein authorized to be constituted as arbitrage bonds pursuant to any applicable federal statutes or regulations. (d) The Authority shall take all steps necessary to refund the Prior Bonds. 4. The full principal amount of the Refunding Bonds shall be charged to and paid by the City to the Authority in annual principal installments, together with interest and other expenses as herein provided. It is understood and agreed that the Refunding Bonds of the Authority will be issued in anticipation of such payments by the City. 39674 Regular Meeting Minutes of January 20, 2016 It is agreed that the City shall pay to the Authority, at least one business day prior to the annual maturity or mandatory redemption date of principal amounts of the Refunding Bonds, such principal amount, and in addition, at least one business day prior to each interest payment date on the Refunding Bonds, as accrued interest on the principal installments remaining unpaid, an amount sufficient to pay all interest due on the next succeeding interest payment date. From time to time as the Authority is billed by the registrar/transfer/paying agent for the Refunding Bonds for their services, and as other costs and expenses accrue to the Authority from handling of the payments made by the City or from other action taken in connection with the Refunding Bonds, the Authority shall notify the City of the amount of such fees, costs and expenses, and the City shall, within thirty (30) days from such notification, remit to the Authority sufficient funds to pay such amounts. The Authority shall, within thirty (30) days after the delivery of the Refunding Bonds, furnish the City with a complete schedule of said installments and the interest thereon and due dates and shall also, at least thirty (30) days prior to each due date, advise the City, in writing, of the exact amount due on the next due date. The failure to give such notice shall not, however, excuse the City from making required payments when due under the provisions hereof. 5. The City, pursuant to Section 8a of the Act and pursuant to Act 34, hereby irrevocably pledges its full faith and credit for the prompt and timely payment of its obligations pledged for payment of the Refunding Bonds as expressed in this Refunding Contract. Pursuant to such pledge, if other funds are not available, the City shall be required to pay such amounts from any of its general funds as a first budget obligation and shall each year levy an ad valorem tax on all the taxable property in the City in an amount which, taking into consideration estimated delinquencies in tax collections, will be sufficient to pay such obligations under this Refunding Contract becoming due before the time of the following year's tax collections, such annual levy shall however be subject to applicable constitutional, statutory and charter tax rate limitations. Commitments of the City are expressly recognized as being for the purpose of providing funds to meet the respective contractual obligations of the City in anticipation of which the Refunding Bonds are issued. Nothing herein contained shall be construed to prevent the City from using any, or any combination, of the means and methods provided in Section 8a of the Act for the purpose of providing funds to meet its obligations under this Refunding Contract, and if at the time of making the annual tax levy 39675 Regular Meeting Minutes of January 20, 2016 there shall be other funds on hand earmarked and set aside for the payment of the contractual obligations due prior to the next tax collection period, then such annual tax levy may be reduced by such amount. 6. Additional moneys over and above any of the payments specified in this Refunding Contract may be prepaid as provided in this Refunding Contract. 7. All provisions of the Contract not inconsistent herewith, and particularly all covenants relative to the payment of and security for the Prior Bonds made by the City therein, shall remain in full force and effect and shall apply with equal effect to the Refunding Bonds authorized hereby, it being understood that upon issuance of the Refunding Bonds, all or any portion of the Prior Bonds refunded will be defeased and the Refunding Bonds shall be substituted therefor and shall be outstanding in their place and stead. 8. Nothing herein contained shall in any way be construed to prevent additional financing under the provisions of the Act. 9. The obligations and undertakings of each of the parties to this Refunding Contract shall be conditioned upon the successful accomplishment of the proposed Refunding, and therefore if for any reason whatsoever the Refunding Bonds are not issued, then this Refunding Contract shall be considered void and of no force and effect; provided, however, that in such event, all costs and expenses shall be paid by the City in accordance with existing commitments to the Authority, and the Authority shall not be obligated for such costs and expenses. 10. The Authority and the City each recognize that the holders from time to time of the Refunding Bonds will have contractual rights in this Refunding Contract, and it is therefore covenanted and agreed by each of them that so long as any of the Refunding Bonds shall remain outstanding and unpaid, the provisions of this Refunding Contract shall not be subject to any alteration or revision which would in any manner materially affect either the security of the Refunding Bonds or the prompt payment of principal of or interest thereon. The City and the Authority further covenant and agree that they will each comply with their respective duties and obligations under the terms of this Refunding Contract promptly at all times and in the manner herein set forth, and will not suffer to be done any act which would in any way impair the Refunding Bonds, the security therefor, or the prompt payment of principal of and interest thereon. It is hereby declared that the terms of this Refunding Contract insofar as they pertain to the security of the Refunding Bonds shall be deemed to be for the benefit of the holders of said Refunding Bonds. 11. This Refunding Contract shall remain in full force and effect until the Refunding Bonds issued by the Authority are paid, at which time 39676 Regular Meeting Minutes of January 20, 2016 this Refunding Contract shall be terminated, and the provisions of the Contract relative to disposition of the financed facilities shall be carried out. In any event, the obligations of the City to make the payments required hereunder shall be terminated at such time as all of the Refunding Bonds are paid in full by the City, together with all interest and penalties and other obligations hereunder. 12. This Refunding Contract shall inure to the benefit of and be binding upon the respective parties hereto, their successors and assigns. IN WITNESS WHEREOF, the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, by its Commission, and the CITY OF LIVONIA, COUNTY OF WAYNE, MICHIGAN, by its City Council, have each caused its name to be signed to this instrument by its duly authorized officers and its seal to be affixed hereto the day and year first above written. In the presence of: MUNICIPAL BUILDING AUTHORITY OF LIVONIA By: Chairman By: Secretary (Seal) CITY OF LIVONIA By: Mayor By: Clerk (Seal) 39677 Regular Meeting Minutes of January 20, 2016 STATE OF MICHIGAN ) )ss COUNTY OF WAYNE ) On this day of January, 2016, before me appeared and , to me personally known, who, being by me duly sworn, did, each for himself or herself, say that they are respectively the Chairman and Secretary of the Commission of the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, a public corporation of the State of Michigan, and that said instrument was signed and sealed on behalf of said Authority by authority of its Commission, and the said persons acknowledged said instrument to be the free act and deed of said Authority. Notary Public, Wayne County, MI My Commission Expires: STATE OF MICHIGAN ) )ss COUNTY OF WAYNE ) On this day of January, 2016, before me appeared Dennis K. Wright and Susan M. Nash, to me personally known, who, being by me duly sworn, did, each for himself or herself, say that they are respectively the Mayor and Clerk of the CITY OF LIVONIA, County of Wayne, Michigan, a municipal corporation in the State of Michigan, and that said instrument was signed and sealed on behalf of the said City by authority of its City Council and the said persons acknowledged said instrument to be the free act and deed of said City. Notary Public, Wayne County, MI My Commission Expires: Michael Slater, Director of Finance, and Bond Counsel Tom Colis of Miller, Canfield were present to answer any questions of Council. 39678 Regular Meeting Minutes of January 20, 2016 There was no Audience Communication at the end of the meeting. On a motion by Bahr, supported by Kritzman, and unanimously adopted, this 1,793rd Regular Meeting of the Council of the City of Livonia was adjourned at 8:27 p.m. on January 20, 2016. Susan M. Nash City Clerk 39656 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND NINETY-THIRD REGULAR MEETING OF JANUARY 20, 2016 On January 20, 2016 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President McIntyre at 7:00 p.m. Councilmember Brosnan led the meeting in the Pledge with Brandon Callicoat of Boy Scout Troop 782. Roll was called with the following result: Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr, Brian Meakin, Brandon Kritzman and Kathleen McIntyre. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Economic Development and Planning; Todd Zilincik, Director of Engineering; Don Knapp,City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs; Michael Slater, Director of Finance; Dave Varga, Director of Administrative Affairs; and Mayor Dennis Wright. On a motion by Brosnan, supported by Jolly, and unanimously adopted, it was- #34-16 RESOLVED, that the Minutes of the 1,792nd Regular Meeting of the Council held January 11, 2016 are hereby approved as submitted. Kritzman called for a moment of silence in memoriam of slain Police Officer Larry Nehasil on the fifth anniversary of his death. Dave Varga, Director of Administrative Affairs, announced that the City will hold a Jeans Day this coming Friday to raise money and provide bottled water to the City of Flint and will partner with local business Quality Line Services and the Livonia Fire Department in delivering the donations. President McIntyre announced there will be two (2) Public Hearings being held at the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, on Wednesday, February 10, 2016 at 7:00 p.m.: 39657 Regular Meeting Minutes of January 20, 2016 Proposed Special Assessment Street Lighting Project for the Richfield Park Estates Site Condominiums, located west of Newburgh Road, between Ann Arbor Trail and Joy Road, in the Southeast '/4 of Section 31. Establishment of the Assessment Roll. PETITION 2015-12-01-11 submitted by Ajamco Inc., to rezone the north one hundred feet(100') of the property located on the west side of Middlebelt Road between Munger Avenue and Sixe Mile Road (16825 Middlebelt Road) in the Northeast 1/4 of Section 14, from P (Parking) to C-2 (General Business). President McIntyre stated there will be three X-items at the end of tonight's Agenda, as well as New Data on Items 7, 8, 11 and 12. During Audience Communication Christopher Martin, 12275 Inkster Road, spoke about the history of his property and his current request about getting on a study agenda concerning his building violations. On a motion by White, supported by Kritzman, it was: A communication from the Office of the City Clerk, dated January 4, 2016, re: forwarding a communication from the Secretary of the Board of Education, re: collection of the 2016 taxes for the Livonia Public School District dated December 15, 2015, was received and placed on file for the information of the Council. #35-16 RESOLVED, that having considered a communication from the Assessor, dated December 15, 2015, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6 of the Charter of the City of Livonia, the Council does hereby determine to approve the following dates for the Board of Review to conduct Public Hearings in 2016, which Public Hearings are to be conducted in the conference room of the City Assessor on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154: FIRST SESSION Tuesday March 8, 2016 Organizational Meeting 9:00 a.m. - 1:00 p.m. Thursday March 10, 2016 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. Friday March 11, 2016 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. 39658 Regular Meeting Minutes of January 20, 2016 SECOND SESSION Monday March 14, 2016 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. Tuesday March 15, 2016 9:00 a.m. - 12:00 p.m. 2:00 p.m. - 9:00 p.m. Thursday March 17, 2016 9:00 a.m. - 12:00 p.m. 2:00 p.m. - 9:00 p.m. Friday March 18, 2016 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. Monday March 21, 2016 9:00 a.m. - 1:00 p.m. FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be $120.00 for the Chairperson and $100.00 for other members. Pursuant to Public Act No. 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers will be used to determine the State Equalized Value (S.E.V.) for the year 2016: CLASS RATIO S.E.V. FACTOR (MULTIPLIER) Agricultural 50.00 1.0000 Commercial 50.00 1.0000 Industrial 50.00 1.0000 Residential 50.00 1.0000 Personal 50.00 1.0000 #36-16 RESOLVED, that having considered a communication from the Water and Sewer Board, dated December 8, 2015, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 5107 12/15, the Council does hereby accept the bid of Etna Supply, 529 32nd Street, S.E., Grand Rapids, Michigan 49548, for supplying the Public Service Division (Water Maintenance Section)with water main repair clamps for a period of two years, based upon the unit prices set forth in the attachment therein, for a total amount not to exceed $120,000.00, the same having been in fact the lowest bid received which meets all specifications; Further, the Council does hereby authorize such expenditure from funds already budgeted in Account No.: 592-000-111-020 (Water Maintenance Section) for this purpose. #37-16 WHEREAS, Chapter 7 of the Wayne County Storm Water Management Ordinance, Enrolled Ordinance No. 2000-652 (October 23, 2000) ("Wayne County Ordinance"), requires storm water management systems to be maintained in perpetuity to ensure that the systems function properly as designed; WHEREAS, Rule 801 of the Wayne County Storm Water Management Administrative Rules ("Administrative Rules") requires applicants for storm water construction approval to submit long-term maintenance plans as part of an application for storm water construction approval; 39659 Regular Meeting Minutes of January 20, 2016 WHEREAS, Michigan Schools & Government Credit Union ("Developer") has applied to the Wayne County Department of Public Services for a storm water construction approval with respect to a project named Michigan Schools and Government Credit Union ("Project") located at 20595 Farmington Road, in the City of Livonia; WHEREAS, Developer's application for storm water construction approval has been assigned permit review number R 15-124; WHEREAS, Developer submitted a plan to the County and City of Livonia entitled Storm Water Facilities Maintenance Agreement("Plan") for long-term maintenance of the storm water management system(s) at the Project pursuant to Rule 801, which Plan has been tentatively approved by the County pending issuance of this resolution and has been accepted by the City of Livonia; and WHEREAS, the City of Livonia has agreed to assume jurisdiction and accept responsibility for long-term maintenance of storm water management system(s) at the Project in perpetuity; NOW THEREFORE BE IT RESOLVED, that the City of Livonia assumes jurisdiction over and accepts responsibility for long-term maintenance of storm water management system(s) at the Project pursuant to the Wayne County Ordinance, the Administrative Rules, the Plan, and the storm water construction approval issued by Wayne County; BE IT FURTHER RESOLVED that approval be and is hereby granted, authorizing the City Engineer to execute, on behalf of the City of Livonia, Permit No. M-48244 for long term maintenance of storm water management system issued by Wayne County for the Project; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Department of Public Services. #38-16 RESOLVED, that having considered a communication from the City Planning Commission, dated December 21, 2015, which transmits its resolution #12-91-2015, adopted on December 15, 20157 with regard to Petition 2015-11-08-18, submitted by Sheldon Center, L.L.C., in connection with a proposal to renovate and expand the existing commercial shopping center (Shelden Park Village) including remodel the exterior facade of the existing shopping center building, reconfigure the layout of the parking lot, construct a freestanding full service restaurant, and obtain preliminary approval for two (2) future commercial buildings, located at the southeast corner of Plymouth and Farmington Roads (33111 thru 33251 Plymouth Road) in the Northwest 1/4 of Section 34, the council does hereby concur in the recommendation of the Planning Commission and Petition 2015-11- 39660 Regular Meeting Minutes of January 20, 2016 08-18 is hereby approved and granted, subject to the following conditions: 1. That the Site Plan marked Sheet SP-1 and the Enlarge Site Plan marked Sheet SP-2, both dated December 10, 2015, as revised, prepared by J2BA Architects, are hereby approved and shall be adhered to; 2. That the parking lot shall be repaired, resealed and restriped as necessary to the satisfaction of the Inspection Department. Parking spaces shall be doubled striped at ten feet (10') wide by twenty feet (20') in length; 3. That the Landscape Plan prepared by Stewart Hass & Associates, as received by the Planning Commission on December 11, 2015, is hereby approved and shall be adhered to; 4. That all disturbed lawn areas shall be sodded in lieu of hydro- seeding; 5. 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; 6. That the Floor Plan and Elevations — Large Building Plan marked Sheet A-3 dated November 20, 2015, prepared by J2BA Architects, is hereby approved and shall be adhered to; 7. That the Farmington Road Elevation - Small Building Plan marked Sheet A-4 dated December 10, 2015, prepared by J2BA Architects, is hereby approved and shall be adhered to; 8. 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; 9. That the issues as outlined in the correspondence dated December 4, 2015, from the Fire Marshal, including the recommendation of installing a Ladder Port/Ladder Receiver, shall be resolved to the satisfaction of the Fire Department; 10. That a significant number of dumpster enclosures shall be located throughout the development and within a practical walking distance from the buildings and the number, distance and locations shall be approved by the Inspection Department 39661 Regular Meeting Minutes of January 20, 2016 11. That the three walls of the trash dumpster areas shall be a minimum of seven feet (7') in height, constructed out of the same brick used in the construction of the buildings or in the event a poured wall is substituted, the wall's design, texture and color shall match 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; 12. That this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required permits, including soil erosion and sedimentation control permits; 13. That all light fixtures along the front part of the development shall not exceed twenty feet(20') in height and those at the back of the site shall not exceed twenty-five feet (25) in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways; 14. That only conforming wall signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 15. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the buildings or around the windows; 16. 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 17. 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. #39-16 RESOLVED, that having considered a communication from the City Planning Commission, dated December 21, 20157 approved for submission by the Mayor, which transmits its resolution #12-90-2015, adopted on December 15, 2015, with regard to Petition 2015-11-02-25, submitted by Sheldon Center, L.L.C., requesting waiver use approval pursuant to Section 11.03(c)(1) of the City of Livonia Zoning Ordinance#543, as amended, to construct and operate a freestanding full service restaurant with drive-up window facilities (Jimmy John's) at Shelden Park Village, located at the southeast 39662 Regular Meeting Minutes of January 20, 2016 corner of Plymouth and Farmington Roads (33111 thru 33251 Plymouth Road) in the Northwest 1/4 of Section 34, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2015-11-02-25 is hereby approved and granted, subject to the following conditions: 1. That the maximum customer seating count for this restaurant shall not exceed a total of fifty-five (55) seats, including forty- three (43) interior seats and twelve (12) outdoor patio seats; 2. That the Site Plan marked Sheet SP-1 and the Enlarge Site Plan marked Sheet SP-2, both dated December 10, 2015, as revised, prepared by J2BA Architects, are hereby approved and shall be adhered to; 3. That the two (2) spaces designated for drive-up window customers may be omitted only if this requirement is waived by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 4. That the Elevation and Cross Section Plan marked Sheet A-2 dated December 10, 2015, as revised, prepared by J2BA Architects, 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 shall be a minimum seven feet (7') in height, constructed out of building materials that shall complement 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; 7. That this restaurant shall provide disposal of grease waste in accordance with Section 13.20.380 of the City Code of Ordinances; 8. That the issues as outlined in the correspondence dated December 4, 2015, from the Fire Marshal, including the recommendation of installing a Ladder Port/Ladder Receiver, shall be resolved to the satisfaction of the Fire Department; 9. 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; 39663 Regular Meeting Minutes of January 20, 2016 10. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 11. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits; and 12. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and McIntyre NAYS: None The President declared the resolutions adopted. A communication from Fouad Dabaja, 15983 Middlebelt, L.L.C., dated January 8, 2016, re: Petition 2015-09-01-09, was received and placed on file for the information of the Council. White gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 5437 AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTON 3. THERETO. (PETITION 2015-09-01-09) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated 39664 Regular Meeting Minutes of January 20, 2016 herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. A communication from residents opposing the rezoning request submitted by McLaren, dated January 19, 2016, re: Petition 2015-11-01-10, was received and placed on file for the information of the Council. Meakin gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 3 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 2015-11-01-10) The following audience members spoke against the project: Mike Horton, 20409 Hubbard Melissa Wegener, 20445 Hubbard Robert Austin, 20306 Hubbard Daniel Steele, 11037 Ingram Christopher Martin, 12275 Inkster Road Ralph Martin, 20366 Hubbard After discussion by Council, Meakin invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Bahr, Meakin, McIntyre NAYS: Brosnan, Jolly, White, Kritzman The President declared the foregoing Emergency Clause and second reading motion failed. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated 39665 Regular Meeting Minutes of January 20, 2016 herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. On a motion by Kritzman, supported by Meakin, and unanimously adopted, it was- #40-16 RESOLVED, that having considered a communication from the City Engineer, dated December 1, 2015, approved for submission by the Mayor, to which is attached a letter from Tina Pieczarka of Timothy Patrick Homes, dated November 24, 2015, requesting a waiver of the sidewalk requirement in front of the new residence located at 14341 Henry Ruff, in the SE '/4 of Section 23, the Council does hereby reject the recommendation of the City Engineer and approves this request inasmuch as omitting the the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing on the west side of Henry Ruff, south of Lyndon Avenue in this area; Further, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date. Kritzman stepped down from the podium to avoid any perceived conflict of interest at 7:45 p.m. On a motion by White, supported by Jolly, it was- #41-16 as:#41-16 RESOLVED, that having considered Petition 2015-12- 03-02, submitted by John Wright, Executive Director of Facilities Management, Schoolcraft College, dated December 18, 20157 wherein a request is submitted for vacating the existing on-site public sanitary sewer, storm sewer, and water main easements at their property located at 39201 Seven Mile Road, such utilities thereby becoming private, and with Schoolcraft College assuming all responsibility for the operation and maintenance of same, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City Ordinance. A roll call vote was taken on the foregoing resolution with the following result: 39666 Regular Meeting Minutes of January 20, 2016 AYES: Brosnan, Jolly, White, Bahr, Meakin, and McIntyre NAYS: None Kritzman returned to the podium at 7:46 p.m. An exterior elevation plan from Diffin-Umlor, dated January 15, 2016, re: Petition 2015-10-02-23, was received and placed on file for the information of the Council. On a motion by White, supported by Bahr, and unanimously adopted, it was- #42-16 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 2015, approved for submission by the Mayor, which transmits its resolution #12-87-2015, adopted on December 15, 2015, with regard to Petition 2015-10-02-23, submitted by Panera Bread, L.L.C., requesting waiver use approval pursuant to Section 11.03(c)(1) of the City of Livonia Zoning Ordinance#543, as amended, to add a drive-up window facility to an existing full service restaurant located within the Millennium Park Retail Center on the south side of Schoolcraft Road between Middlebelt Road and Inkster Road (28551 Schoolcraft Road) in the Northwest 1/4 of Section 25, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2015-10-02-23 is hereby approved and granted, subject to the following conditions- 1. onditions:1. That the Grading/Soil Erosion Control Plan marked Sheet No. C-2.0 prepared by Diffin-Umlor&Associates, as received by the Planning Commission on December 10, 2015, is hereby approved and shall be adhered to; 2. That pavement markings be provided across the drive aisle and drive-up lane leading to the rear entrance on the east side of the building for pedestrian safety purposes; 3. That the Exterior Building Elevations Plan marked Sheet No. A- 5.1 as received by the Office of the City Clerk on January 15, 2016, prepared by LK Architecture, is hereby approved and shall be adhered to; 4. That the relocated dumpster enclosures shall be located within a practical walking distance from the building and the exact 39667 Regular Meeting Minutes of January 20, 2016 number, locations and screening shall be approved by the Planning and Inspection Departments; 5. That the walls of the relocated dumpster enclosures shall be a minimum seven feet (7') in height, 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; 6. That two (2) parking spaces near the drive-up window shall be designated for drive-up window customers; 7. That the issues as outlined in the correspondence dated November 3, 2015, from the Fire Marshal, including those relating to the requirement that the proposed addition must conform to current NFPA 101 standards, shall be resolved to the satisfaction of the Fire Department; 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. That all disturbed lawn areas shall be sodded in lieu of hydro- seeding; 11. 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 12. 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. An email communication from Frank Jonna, Jonna Realty Ventures, dated January 18, 2016, re: removing Item 12 from Agenda. (Petition 2015- 10-08-17) 39668 Regular Meeting Minutes of January 20, 2016 At the direction of the Chair, Item 12 was removed from the Agenda. On a motion by Meakin, seconded by Brosnan, and unanimously adopted, it was- #43-16 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda. Brosnan, as Chair of the Infrastructure and Community Transit Committee, reported out on the meeting of January 19, 2016. On a motion by Brosnan, seconded by Meakin, it was: RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated January 20, 2016, submitted pursuant to Council Resolution 27-16, regarding a request to waive the noise ordinance for the Michigan Department of Transportation (MDOT) in order to permit a 24-hour work day in conjunction with the 1-275/M-5 Interchange, South of 1-275 to North of 5 Mile Road Rehabilitation Project, the Council does hereby deny the request of the Michigan Department of Transportation (MDOT) to waive the noise ordinance in connection with the 1-275/M-5 Interchange, south of 1-275 to north of 5 Mile Road Rehabilitation Project. McIntyre passed the gavel at 8:05 p.m. to Vice President Kritzman. The following audience members spoke on the issue: Linda Lawson, 16631 Blue Skies Drive Sandra Carroll, 16397 Marsha Craig Gauthier, 16124 Houghton Mike Budai, MDOT After discussion by Council, a roll call vote was taken on the foregoing resolution with the following result: AYES: Brosnan, Kritzman NAYS: Jolly, White, Bahr, Meakin and McIntyre The Vice President declared the resolution failed for lack of support. Vice President Kritzman returned the gavel to President McIntyre at 8:19 p.m. 39669 Regular Meeting Minutes of January 20, 2016 On a motion by Meakin, supported by Jolly, it was- #44-16 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated January 20, 2016, submitted pursuant to Council Resolution 27-16, regarding a request to waive the noise ordinance for the Michigan Department of Transportation (MDOT) in order to permit a 24-hour work day in conjunction with the 1-275/M-5 Interchange, South of 1-275 to North of 5 Mile Road Rehabilitation Project, the Council does hereby approve the request of the Michigan Department of Transportation (MDOT) to waive the noise ordinance in connection with the 1-275/M-5 interchange, south of 1-275 to north of 5 Mile Road Rehabilitation project, subject to the following conditions: 1. That MDOT to agrees to put in additional trees along the 1-275 corridor, after meeting with communities to decide the best location of the trees to help mitigate noise; 2. MDOT will conduct a noise study before the project is commenced and after the project is completed to establish a benchmark; 3. That pavement breaking will be limited to the hours of 7:00 a.m. and 11:00 p.m.; 4. The staging and starting of the project will be restricted to daytime hours only; 5. That MDOT will work with the various communities to determine the location of a batch plant and establish a noise and dust mitigation plan; 6. That berms will be put in place as part of the landscaping plan and MDOT will be responsible for finding the appropriate room available on 1-275 for the berms; 7. The concrete crusher will be outside the limits of the project; and 8. MDOT will look into a mowing plan that does not remove any of the natural landscape that provides a noise barrier to surrounding residents. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jolly, White, Bahr, Meakin, and McIntyre NAYS: Brosnan, Kritzman The President declared the resolution adopted. 39670 Regular Meeting Minutes of January 20, 2016 Brosnan stated that the subject of 1-275 Noise Abatement will remain in Committee. (CR 816-00) On a motion by White, seconded by Brosnan, and unanimously adopted, it was: #45-16 RESOLVED, that having considered a communication from the City Clerk, Susan M. Nash, dated January 18, 2016, the Council does hereby approve the appointment of Adriane D Spencer to the Office of Deputy Clerk effective January 1, 2016; FURTHER, the Council does hereby establish the annual salary for this position in the amount of $54,142.40 with the understanding that all benefits as previously approved by the Council for other appointed positions within the City be also extended to this position. On a motion by Meakin, seconded by Brosnan, and unanimously adopted, it was: #46-16 WHEREAS, the Commission of the Municipal Building Authority of Livonia, County of Wayne, State of Michigan (the "Authority") has undertaken or will shortly undertake proceedings to refund all or a portion of the Authority's 2008 Building Authority(District Court Facility) Bonds (Limited Tax General Obligation), dated December 23, 2008 (the "Prior Bonds"); and WHEREAS, such refunding will result in lower costs to the City of Livonia (the "City") for the use of the facilities leased to the City; and WHEREAS, a refunding contract between the City and the Authority (the "Refunding Contract") has been prepared respecting said refunding; and WHEREAS, it is necessary that the City undertake and make certain covenants and representations respecting the Authority's proposed issuance of refunding bonds to refund the Prior Bonds (the "Refunding Bonds"). NOW, THEREFORE, BE IT RESOLVED THAT- 1. HAT:1. The City shall, to the extent permitted by law, take all actions within its control necessary to maintain the exclusion of the interest on the Refunding Bonds from gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended, (the "Code") including, but not limited to, actions relating to any required rebate of arbitrage earnings and the expenditure and investment of bond proceeds and moneys deemed to be bond proceeds, and to 39671 Regular Meeting Minutes of January 20, 2016 prevent the Authority's refunding bonds from being or becoming "private activity bonds" as that term is used in Section 141 of the Code. 2. The City hereby authorizes the Authority to prepare and circulate a preliminary and final official statement in connection with the refunding bonds and, if applicable, further authorizes the Mayor, Clerk, Finance Director, or Treasurer to execute such official statements on behalf of the City. 3. The Mayor, Clerk, Finance Director, and Treasurer of the City are each hereby authorized to execute any certificates on behalf of the City necessary for the issuance of such Refunding Bonds. 4. The City hereby covenants to comply with Securities and Exchange Commission Rule 15c2-12 (the "Rule") and shall enter into an undertaking for the benefit of the holders and beneficial owners of the Refunding Bonds (the "Undertaking"). In connection therewith, the Mayor and Finance Director are each hereby authorized to execute and deliver the Undertaking prior to the delivery of the Refunding Bonds. 5. The Refunding Contract shall be dated such date as may be appropriate and the same in substantially the form attached hereto as Exhibit A, is hereby approved. The Mayor and Clerk are hereby directed to execute and deliver said Refunding Contract on behalf of the City. The Refunding Contract shall become effective immediately upon execution and delivery by the City and the Authority. 6. The City Council does hereby ratify and confirm its covenant in the Refunding Contract to levy ad valorem taxes against all taxable property in the City to the extent necessary to meet the obligations of the City thereunder in the event revenues from other sources are insufficient for any reason whatsoever. Any such taxes levied to pay the obligations under the Refunding Contract shall be subject to applicable constitutional, statutory and charter tax rate limitations. 7. All resolutions and parts of resolutions insofar as the same conflict with the provisions of this Resolution be and the same hereby are rescinded. EXHIBIT A REFUNDING CONTRACT THIS CONTRACT, made and entered into as of the 22nd day of January, 2016, under the provisions of Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended (the "Act") and Act 34, Public 39672 Regular Meeting Minutes of January 20, 2016 Acts of Michigan, 2001, as amended, ("Act 34") (the Act and Act 34 collectively, the "Acts") by and between the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, a public corporation organized and existing under the authority of the Act (the "Authority"), and the CITY OF LIVONIA, County of Wayne, a Michigan municipal corporation organized and existing under the Constitution and laws of the State of Michigan (the "City"). WITNESSETH: WHEREAS, the Authority has been incorporated under and in pursuance of the provisions of the Act for the purpose of acquiring, furnishing, equipping, owning, improving, enlarging, operating and maintaining a building or buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for use for any legitimate public purpose of the City; and WHEREAS, the City and the Authority previously entered into a Limited Tax Full Faith and Credit General Obligation Contract of Lease, dated October 17, 2008, (the "Contract") wherein the Authority agreed to acquire public facilities and lease said facilities to the City; and WHEREAS, the Authority issued bonds pursuant to the Contract, designated 2008 Building Authority (District Court Facility) Bonds (Limited Tax General Obligation), dated December 23, 2008 (the "Prior Bonds"); and WHEREAS, the Authority and the City have been advised that conditions in the bond market have now improved to the point that all or a portion of the Prior Bonds could be refunded at a savings; and WHEREAS, it is the determination and judgment of the Authority and the City that all or a portion of the Prior Bonds should be refunded (the "Refunding") to secure for the City the interest savings anticipated and thereby permit the operation of the financed facilities in a more economical fashion for the benefit of the users of the facilities and the taxpayers of the City; and WHEREAS, the execution of this contract (the "Refunding Contract") is necessary in order to implement a refunding program; NOW, THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree as follows- 1. ollows:1. The Authority and the City hereby approve and confirm the Refunding under the provisions of the Acts in the manner provided by and pursuant to this Refunding Contract. 39673 Regular Meeting Minutes of January 20, 2016 2. The Authority will issue a single series of refunding bonds (the "Refunding Bonds") in a total principal amount not to exceed $7,800,000 in order to pay all or part of the costs of the Refunding. All costs of the Refunding and of issuing the Refunding Bonds, including, but not limited to, payment of the principal of and interest on the Prior Bonds, underwriting discount, bond and other printing, administrative, legal and financial advisory expenses, credit enhancement costs, rating fees, trustee and paying agent/registrar fees and all related expenses shall be paid from the proceeds of sale of the Refunding Bonds or from cash amounts to be made available by the City to pay such costs. 3. To carry out and accomplish the Refunding in accordance with the provisions of Michigan law, the Authority shall take the following steps: (a) The Authority will adopt a resolution providing for the issuance of the Refunding Bonds in an aggregate principal amount not to exceed $7,800,000 (the "Refunding Bond Resolution"), such resolution to be substantially in the form attached hereto and based upon the Authority's analysis of the financial benefits of the Refunding. The Refunding Bonds shall mature serially or be subject to mandatory sinking fund redemption, as authorized by law, and will be issued in anticipation of the debt service installment payments required to be made by the City as provided in this Refunding Contract and will be secured primarily by the contractual obligations of the City to pay said installments when due, including interest. After due adoption of the Refunding Bond Resolution, the Authority will take all legal procedures and steps necessary to effectuate the sale and delivery of the Refunding Bonds. (b) The Authority, upon receipt of proceeds of sale of the Refunding Bonds, will comply with all provisions and requirements of law, the Refunding Bond Resolution and this Refunding Contract relative to the disposition and use of the proceeds of sale thereof. (c) The Authority shall not make any investments or take any other actions which would cause the Refunding Bonds herein authorized to be constituted as arbitrage bonds pursuant to any applicable federal statutes or regulations. (d) The Authority shall take all steps necessary to refund the Prior Bonds. 4. The full principal amount of the Refunding Bonds shall be charged to and paid by the City to the Authority in annual principal installments, together with interest and other expenses as herein provided. It is understood and agreed that the Refunding Bonds of the Authority will be issued in anticipation of such payments by the City. 39674 Regular Meeting Minutes of January 20, 2016 It is agreed that the City shall pay to the Authority, at least one business day prior to the annual maturity or mandatory redemption date of principal amounts of the Refunding Bonds, such principal amount, and in addition, at least one business day prior to each interest payment date on the Refunding Bonds, as accrued interest on the principal installments remaining unpaid, an amount sufficient to pay all interest due on the next succeeding interest payment date. From time to time as the Authority is billed by the registrar/transfer/paying agent for the Refunding Bonds for their services, and as other costs and expenses accrue to the Authority from handling of the payments made by the City or from other action taken in connection with the Refunding Bonds, the Authority shall notify the City of the amount of such fees, costs and expenses, and the City shall, within thirty (30) days from such notification, remit to the Authority sufficient funds to pay such amounts. The Authority shall, within thirty (30) days after the delivery of the Refunding Bonds, furnish the City with a complete schedule of said installments and the interest thereon and due dates and shall also, at least thirty (30) days prior to each due date, advise the City, in writing, of the exact amount due on the next due date. The failure to give such notice shall not, however, excuse the City from making required payments when due under the provisions hereof. 5. The City, pursuant to Section 8a of the Act and pursuant to Act 34, hereby irrevocably pledges its full faith and credit for the prompt and timely payment of its obligations pledged for payment of the Refunding Bonds as expressed in this Refunding Contract. Pursuant to such pledge, if other funds are not available, the City shall be required to pay such amounts from any of its general funds as a first budget obligation and shall each year levy an ad valorem tax on all the taxable property in the City in an amount which, taking into consideration estimated delinquencies in tax collections, will be sufficient to pay such obligations under this Refunding Contract becoming due before the time of the following year's tax collections, such annual levy shall however be subject to applicable constitutional, statutory and charter tax rate limitations. Commitments of the City are expressly recognized as being for the purpose of providing funds to meet the respective contractual obligations of the City in anticipation of which the Refunding Bonds are issued. Nothing herein contained shall be construed to prevent the City from using any, or any combination, of the means and methods provided in Section 8a of the Act for the purpose of providing funds to meet its obligations under this Refunding Contract, and if at the time of making the annual tax levy 39675 Regular Meeting Minutes of January 20, 2016 there shall be other funds on hand earmarked and set aside for the payment of the contractual obligations due prior to the next tax collection period, then such annual tax levy may be reduced by such amount. 6. Additional moneys over and above any of the payments specified in this Refunding Contract may be prepaid as provided in this Refunding Contract. 7. All provisions of the Contract not inconsistent herewith, and particularly all covenants relative to the payment of and security for the Prior Bonds made by the City therein, shall remain in full force and effect and shall apply with equal effect to the Refunding Bonds authorized hereby, it being understood that upon issuance of the Refunding Bonds, all or any portion of the Prior Bonds refunded will be defeased and the Refunding Bonds shall be substituted therefor and shall be outstanding in their place and stead. 8. Nothing herein contained shall in any way be construed to prevent additional financing under the provisions of the Act. 9. The obligations and undertakings of each of the parties to this Refunding Contract shall be conditioned upon the successful accomplishment of the proposed Refunding, and therefore if for any reason whatsoever the Refunding Bonds are not issued, then this Refunding Contract shall be considered void and of no force and effect; provided, however, that in such event, all costs and expenses shall be paid by the City in accordance with existing commitments to the Authority, and the Authority shall not be obligated for such costs and expenses. 10. The Authority and the City each recognize that the holders from time to time of the Refunding Bonds will have contractual rights in this Refunding Contract, and it is therefore covenanted and agreed by each of them that so long as any of the Refunding Bonds shall remain outstanding and unpaid, the provisions of this Refunding Contract shall not be subject to any alteration or revision which would in any manner materially affect either the security of the Refunding Bonds or the prompt payment of principal of or interest thereon. The City and the Authority further covenant and agree that they will each comply with their respective duties and obligations under the terms of this Refunding Contract promptly at all times and in the manner herein set forth, and will not suffer to be done any act which would in any way impair the Refunding Bonds, the security therefor, or the prompt payment of principal of and interest thereon. It is hereby declared that the terms of this Refunding Contract insofar as they pertain to the security of the Refunding Bonds shall be deemed to be for the benefit of the holders of said Refunding Bonds. 11. This Refunding Contract shall remain in full force and effect until the Refunding Bonds issued by the Authority are paid, at which time 39676 Regular Meeting Minutes of January 20, 2016 this Refunding Contract shall be terminated, and the provisions of the Contract relative to disposition of the financed facilities shall be carried out. In any event, the obligations of the City to make the payments required hereunder shall be terminated at such time as all of the Refunding Bonds are paid in full by the City, together with all interest and penalties and other obligations hereunder. 12. This Refunding Contract shall inure to the benefit of and be binding upon the respective parties hereto, their successors and assigns. IN WITNESS WHEREOF, the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, by its Commission, and the CITY OF LIVONIA, COUNTY OF WAYNE, MICHIGAN, by its City Council, have each caused its name to be signed to this instrument by its duly authorized officers and its seal to be affixed hereto the day and year first above written. In the presence of: MUNICIPAL BUILDING AUTHORITY OF LIVONIA By: Chairman By: Secretary (Seal) CITY OF LIVONIA By: Mayor By: Clerk (Seal) 39677 Regular Meeting Minutes of January 20, 2016 STATE OF MICHIGAN ) )ss COUNTY OF WAYNE ) On this day of January, 2016, before me appeared and , to me personally known, who, being by me duly sworn, did, each for himself or herself, say that they are respectively the Chairman and Secretary of the Commission of the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, a public corporation of the State of Michigan, and that said instrument was signed and sealed on behalf of said Authority by authority of its Commission, and the said persons acknowledged said instrument to be the free act and deed of said Authority. Notary Public, Wayne County, MI My Commission Expires: STATE OF MICHIGAN ) )ss COUNTY OF WAYNE ) On this day of January, 2016, before me appeared Dennis K. Wright and Susan M. Nash, to me personally known, who, being by me duly sworn, did, each for himself or herself, say that they are respectively the Mayor and Clerk of the CITY OF LIVONIA, County of Wayne, Michigan, a municipal corporation in the State of Michigan, and that said instrument was signed and sealed on behalf of the said City by authority of its City Council and the said persons acknowledged said instrument to be the free act and deed of said City. Notary Public, Wayne County, MI My Commission Expires: Michael Slater, Director of Finance, and Bond Counsel Tom Colis of Miller, Canfield were present to answer any questions of Council. 39678 Regular Meeting Minutes of January 20, 2016 There was no Audience Communication at the end of the meeting. On a motion by Bahr, supported by Kritzman, and unanimously adopted, this 1,793rd Regular Meeting of the Council of the City of Livonia was adjourned at 8:27 p.m. on January 20, 2016. Susan M. Nash City Clerk