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HomeMy WebLinkAboutCOUNCIL MINUTES 2015-02-0239277 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND SEVENTIETH REGULAR MEETING OF FEBRUARY 2, 2015 On February 2, 2015 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Brosnan at 7:00 p.m. Councilperson Nash introduced Troop #271 from St. Michael's Catholic School who led the meeting in the Pledge. Roll was called with the following result: Susan Nash, Brandon Kritzman, John Pastor, Brian Meakin, Laura Toy, Lynda Scheel and Maureen Miller Brosnan. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, City Engineer; Judy Priebe, Director of Legislative Affairs; Susan A. Hoff, City Clerk; Don Knapp, City Attorney; Michael Slater, Director of Finance; Kevin Maillard, Director of Public Works; and Mayor Jack Kirksey. On a motion by Toy, supported by Scheel, and unanimously adopted, it was: #27-15 RESOLVED, that the Minutes of the 1,769th Regular Meeting of the Council held January 21, 2015 are hereby approved as submitted. President Brosnan commented on the visit she and Vice President Meakin had in chambers with Boy Scout Troop 271 from St. Michael's and the interesting questions they posed to them. She thanked them for coming. Vice President Meakin wished Councilmembers Pastor and Kritzman a happy birthday as well as City Attorney Knapp. Kritzman announced a Chamber of Commerce event coming up on February 19th at Laurel Manor where they recognize Teacher of the Year awards for both the Livonia and Clarenceville School Districts, as well as Small Business of the Year and Community Enhancement Awards, and the newly created Greenleaf Award presented by the Greenleaf Commission on Sustainability. This award is meant to recognize Livonia organizations which implement sustainable practices, social responsibility and economic development in their operations. These organizations demonstrate to our community that the idea of economic 39278 prosperity, social equity and environmental quality are all equally important. He invited all to attend. Mayor Kirksey presented a commendation to Gutherie Lumber on their 90th Anniversary celebration. He stated the business had started in Detroit in 1925 and moved to Livonia in 1993. Having survived hard economic times, they weathered the storm and now have eighty-five employees and had record sales of 57 million dollars in 2014. Mel Gutherie was present to accept the award as well as his brother Bill, sales manager and vice-president, and nephew Randall, customer service manager. The Mayor then spoke about the record breaking snowstorm that Michigan encountered and its impact on the community. He introduced Kevin Maillard, Director of Public Service, who gave an update on the activity that took place in anticipation of and during the storm, and who detailed the factors that were taken into consideration for the declaration of the Snow Emergency that went into effect Sunday, February 2nd at 11:30 p.m. He lauded Brian Wilson's forecasting skills and thanked Doug Moore and the crews for the incredible job they did. President Brosnan announced there are two X items at the end of the meeting as well as new data on Items #5, #7 and #9. There was no Audience Communication at the beginning of the meeting. On a motion by Scheel, supported by Meakin, it was: #28-15 RESOLVED, that having considered an application from Irene Vaughn, 35645 Parkdale Street, dated January 4, 2015, requesting permission to close Arthur Street, between Parkdale and Orangelawn, on Saturday, June 13, 2015, from 5:00 p.m. to 10:00 p.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, June 14, 2015, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. A communication from the Office of the City Clerk, dated January 7, 2015, and a communication from Dianne Laura, Livonia Board of Education Secretary for Livonia Public Schools, dated December 16, 2014, re: collection of Livonia Public School District Taxes for the year 2015, was received and placed on file for the information of the Council. #29-15 RESOLVED, that having considered a communication from the Office of the City Clerk, dated January 7, 2015, which bears the signature of the Director of Finance and is approved for submission by the 39279 Mayor, to which is attached an Intergovernmental Agreement between the City of Livonia and the State of Michigan Department of Community Health, for the purpose of having full access to the Michigan Centralized Birth Certification System (MiCBCS), to enable the City of Livonia to search and view state birth records and to update, edit, print and generate certified copies of Livonia birth records currently not available to the City, the Council does hereby approve the proposed Intergovernmental Agreement between the City of Livonia and the State of Michigan Department of Community Health and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the Intergovernmental Agreement in the manner and form herein submitted. #30-15 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated January 8, 2015, the Council does hereby consent to and confirm the appointment of Cathryn White, 9842 Blackburn, Livonia, Michigan 48150, to the Board of Review for a term of three years commencing February 16, 2015, and expiring February 16, 2018, provided that Ms. White takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Nash, Kritzman, Pastor, Meakin, Toy, Scheel and Brosnan NAYS: None. An email communication from Joe and Jeri Dorr, dated January 29, 2015, re: request to remove from the Regular Agenda for Council the revised site plan petition for proposal to construct a new storage building adjacent to the existing hardware store located on the north side of Five Mile Road between Middlebelt Road and Harrison Avenue (29150 Five Mile Road — Wright's Hardware), was received and placed on file for the information of the Council. (Petition 2014-10- 08-14). At the direction of the Chair, Item #5 was removed from the Agenda. On a motion by Toy, supported by Scheel, and unanimously adopted, it was: #31-15 WHEREAS, the City Clerk has received an application for Industrial Facilities Exemption Certificate from Ronan Perennou, CEO/Owner of ActuaPlast NA Inc., covering new machinery, equipment, 39280 furniture and fixtures installed at their facility located at 31690 Glendale Street, Livonia, MI 48150 (Industrial Development Overlay District #109). WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed equipment is to be located, i.e., the City of Livonia, and advised each of them that the said Application has been received; and WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Livonia, after granting this certificate, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; and WHEREAS, the City Council has afforded ActuaPlast NA Inc., the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this application and said hearing having in fact been conducted at 7:00 p.m., Wednesday, January 14, 2015, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS: 1. That the City Council, on the basis of the information received from the applicant, ActuaPlast NA Inc., finds and determines: (a) that the granting of this Industrial Facilities Exemption Certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the equipment is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No. 198, P.A. 1974, as amended. 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from ActuaPlast NA Inc., covering new equipment for their facility located within the City of Livonia Industrial Development Overlay District No. 109, for five (5) years. 3. That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City Council upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Administration to negotiate such Letter of Agreement and authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facilities Exemption Certificates. 39281 A communication from Dawn Borregard, Assistant City Assessor, dated January 20, 2015, re: Exemption of Personal Property Application Under PA 328 of 1998 for ActuaPlast Plastic Technologies, was received and placed on file for the information of the Council. On a motion by Toy, supported by Nash, and unanimously adopted, it was: #32-15 RESOLVED, that having considered a communication from the Assessment Department, dated January 20, 2015, regarding the Exemption of Personal Property Under PA 328 of 1998 for ActuaPlast NA, Inc., the Council does hereby determine to take no further action with respect to this matter. On a motion by Pastor, supported by Meakin, and unanimously adopted, it was - #33 -15 RESOLVED, that having considered a communication from the City Planning Commission, dated December 17, 2014, which transmits its resolution 12-66-2014, adopted on December 16, 2014, with regard to Petition 2014-11-01-07, submitted by NPM Acquisitions, L.L.C., to rezone the properties located on the southwest corner of Schoolcraft and Inkster Roads (27403 and 27451 Schoolcraft Road), in the Northeast 1/4 of Section 25, from OS (Office Services) and M-1 (Light Manufacturing) to C-4 (High Rise Commercial Four Stories), the Council does hereby approve Petition 2014-11-01-07, for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. A communication from the Department of Law, dated January 28, 2015, re: Robert Domino et al v City of Livonia, et al, Case No. 12 -007188 -NZ, was received and placed on file for the information of the Council. was: On a motion by Toy, supported by Meakin, and unanimously adopted, it #34-15 RESOLVED, that having considered a communication from the Department of Law, dated January 16, 2015, approved for submission it was: was: 39282 by the Mayor, the Council does hereby authorize the Department of Law to resolve the claims brought on behalf of Robert Domino, et al, Case No. 11- 010285 -NZ; and Auto Club Insurance Company, et al, Case No. 12 -007188 - NZ, for in the amount of $5.5 million dollars, as well as make a total $1.5 million dollars of improvements to the sanitary sewer system over the course of two years beginning in 2016 and concluding in 2017, and the Department of Law is hereby authorized to do all things necessary or incidental to the full performance of this Resolution. On a motion by Kritzman, supported by Scheel, and unanimously adopted, #35-15 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda. On a motion by Meakin, supported by Scheel, and unanimously adopted, it #36-15 WHEREAS, the City of Livonia, County of Wayne, State of Michigan (the "City"), has determined that it is necessary for the public health, safety and welfare of the City to acquire, construct, furnish and equip improvements to the water supply system of the City's existing Water Supply and Sewage Disposal System (the "System"), including the replacement of approximately 9 miles of water mains and 325 lineal feet of new 8 -inch water mains in the City, together with all related appurtenances and attachments thereto (the "Project"); and WHEREAS, the City has been advised by the Michigan Department of Environmental Quality ("MDEQ"), that financial assistance to accomplish the acquisition and construction of the Project is available through the Drinking Water Revolving Fund ("DWRF") Loan Program administered by the MDEQ and the Michigan Finance Authority (the "MFA"); and WHEREAS, the Revenue Bond Act, Act 94, Public Acts of Michigan, 1933, as amended ("Act 94"), provides a means for financing the purchase, acquisition, construction, improvement, enlargement, extension, and repair of public improvements such as the Project through the issuance of revenue bonds; and WHEREAS, the issuance of bonds payable from revenues of the System under Act 94 in a total amount not to exceed Nine Million Four Hundred Thousand Dollars ($9,400,000.00) (the "Bonds"), for the purpose of 39283 financing all or part of the Project represents the most practical means to that end; and WHEREAS, the City has made application for participation in the DWRF Loan Program; and WHEREAS, a Notice of Intent to issue Revenue Bonds must be published before the issuance of the Bonds in order to comply with the requirements of Section 33 of Act 94; and WHEREAS, the City intends at this time to state its intentions to be reimbursed from proceeds of the Bonds for any expenditures undertaken by the City for the Project prior to issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Clerk is hereby authorized and directed to publish a notice of intent to issue the Bonds in the Livonia Observer, a newspaper of general circulation in the City. 2. The notice of intent shall be published as a display advertisement not less than one-quarter (1/4) page in size in substantially the form attached to this resolution as Exhibit A. 3. The City Council does hereby determine that the foregoing form of Notice of Intent to Issue Bonds, and the manner of publication directed, is adequate notice to the electors of the City and users of the System, and is the method best calculated to give them notice of the City's intent to issue the Bonds, the purpose of the Bonds, the security for the Bonds, and the right of referendum of the electors with respect thereto, and that the provision of forty-five (45) days within which to file a referendum petition is adequate to insure that the City's electors may exercise their legal rights of referendum, and the newspaper named for publication is hereby determined to reach the largest number of persons to whom the notice is directed. 4. The City makes the following declarations for the purpose of complying with the reimbursement rules of Treas. Reg. §1.150-2 pursuant to the Internal Revenue Code of 1986, as amended (a) As of the date hereof, the City reasonably expects to reimburse the City for the expenditures described in (b) below with proceeds of debt to be incurred by the City; (b) The expenditures described in this paragraph (b) are for the costs of acquiring and constructing the Project which were or will be paid subsequent to sixty (60) days prior to the date hereof. 39284 (c) The maximum principal amount of debt expected to be issued for the Project, including issuance costs, is $9,400,000.00. 5. The Mayor, City Clerk, Finance Director and City Treasurer of the City are each authorized to act as an authorized officer or designated representative in connection with the Project and execute and deliver such applications, documents or certificates with the MDEQ, the MFA or other entities as may be necessary or advisable to enable the City to issue and sell the Bonds as contemplated herein and to meet its obligations under DWRF Loan Program. 6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. EXHIBIT A NOTICE TO TAXPAYERS AND ELECTORS OF THE CITY OF LIVONIA AND TO USERS OF THE CITY'S WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM OF INTENT TO ISSUE REVENUE BONDS AND THE RIGHT OF REFERENDUM RELATING THERETO PLEASE TAKE NOTICE that the City Council of the City of Livonia, County of Wayne, State of Michigan (the "City"), intends to issue and sell revenue bonds pursuant to Act 94, Public Acts of Michigan, 1933, as amended, in one or more series in a total amount not to exceed Nine Million Four Hundred Thousand Dollars ($9,400,000.00), for the purpose of paying all or part of the cost to acquire, construct, furnish and equip improvements to the water supply system of the City's existing Water Supply and Sewage Disposal System, including the replacement of approximately 9 miles of water mains and 325 lineal feet of new 8 -inch water mains in the City, together with all related appurtenance and attachments thereto. SOURCE OF PAYMENT OF REVENUE BONDS The principal of and interest on the revenue bonds shall be payable solely from the revenues received by the City from the operations of the Water Supply and Sewage Disposal System (the "System"). The revenues will consist of rates and charges billed to the users of the System, a schedule of which is presently on file in the office of the City Clerk. The rates and charges may from time to time be revised to provide sufficient revenues to provide for the expenses of operating and maintaining the system, to pay the principal of and interest on the bonds and to pay other obligations of the system. BOND DETAILS The revenue bonds will be payable in annual installments not to exceed twenty (20) in number and will bear interest at the rate or rates to be determined at public 39285 or private sale but in no event to exceed such rates as may be permitted by law on the unpaid balance from time to time remaining outstanding on said bonds. In the event that the City deems it desirable to sell the revenue bonds to the Michigan Finance Authority, the City may be required to pledge for the payment of the bonds money received or to be received by the City derived from imposition of taxes by the State and returned or to be returned to the City as provided by law, except for money the use of which is prohibited for such purposes by the State Constitution. The City may enter into an agreement providing for the payment of taxes, which taxes are collected by the State and returned to the City as provided by law, to the authority or a trustee, and such funds may be pledged for the payment of the revenue bonds. RIGHT OF REFERENDUM The revenue bonds will be issued without a vote of the electors unless a petition requesting such a vote signed by not less than 10% of the registered electors of the City is filed with the City Clerk within forty-five (45) days after publication of this notice. If such petition is filed, the bonds may not be issued without an approving vote of a majority of the qualified electors of the City voting thereon. If such petition is filed and the electors of the City voting thereon approve the issuance of the bonds, then the bonds may be payable from revenues or from ad valorem taxes that may be levied on all taxable property in the City without limitation as to rate or amount. THIS NOTICE is given pursuant to the requirements of Section 33, Act 94, Public Acts of Michigan, 1933, as amended. Additional information will be furnished at the office of the City Clerk upon request. was: Susan A. Hoff, City Clerk City of Livonia On a motion by Toy, supported by Scheel, and unanimously adopted, it #37-15 RESOLVED, that having considered a communication from the Director of Community Resources, dated January 28, 2015, which bears the signature of the Finance Director, is approved by the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed Sub -Contractor Agreement between the Conference of Western Wayne and City of Livonia, Livonia Youth Assistance, previously authorized by Council Resolution No. 678-98, which amendment extends the agreement through September 30, 2016, and will provide that the County of Wayne will reimburse the City of Livonia for Youth Assistance Program costs in the amount of $18,046.00, the Council does, for and on behalf of 39286 the City of Livonia, authorize the City Clerk to execute an agreement that has been approved as to form and substance by the Law Department. There was no Audience Communication at the end of the meeting. On a motion by Toy, supported by Scheel, and unanimously adopted, this 1,770th Regular Meeting of the Council of the City of Livonia was adjourned at 7:34 p.m. 'P� W- q�� - Susan A. Hoff, City tferk