HomeMy WebLinkAboutCOUNCIL MINUTES 2011-10-19 38036
MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETY FIRST
REGULAR MEETING OF OCTOBER 19, 2011
On October 19, 2011, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8 14 p m Vice President Laura led the meeting with the
Pledge of Allegiance
Roll was called with the following result: Joe Laura, Laura Toy,
Maureen Miller Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, and James
McCann Absent: None
Elected and appointed officials present: Todd Zilincik, City Engineer;
Scott Miller, Planner IV, Judy Priebe, Technical Specialist; Don Knapp, City
Attorney; Terry Marecki, City Clerk; former Councilmember Thomas Robinson, and
Mayor Jack Kirksey
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
was
#324-11 RESOLVED, that the Minutes of the 1,690th Regular
Meeting of the Council held October 5, 2011, are hereby approved as
submitted
Meakin wished a Happy Anniversary to his wife, Colleen, and indicated
they will celebrate their 18th wedding anniversary on Sunday, October 23rd
Mayor Kirksey addressed Council to announce he was pleased to
inform Council Trinity Health will be consolidating its two corporate headquarter
locations from Novi and Farmington Hills to Livonia in the Victor Corporate Center
located at 20255 and 20555 Victor Parkway, which will result in 1,400 jobs being
moved to the City of Livonia
During Audience Communication, Christopher Martin, 12275 Inkster
Road, addressed Council to express his concern about negative campaign literature
that was mailed to residents concerning two Council candidates who are running in
the November election and indicated he felt anonymous literature should be
disregarded by residents
Regular Meeting Minutes of October 19, 2011 38037
A communication from the Department of Finance, dated September
20, 2011, re forwarding various financial statements of the City of Livonia for the
month ending August 31, 2011, was received and placed on file for the information
of the Council
A communication from the Department of Finance, dated September
26, 2011, re forwarding the Quarterly Investment Report for the City of Livonia as of
August 31, 2011, was received and placed on file for the information of the Council
On a motion by Toy, seconded by Meakin, it was
#325-11 RESOLVED, that having considered a communication
from the City Clerk, dated September 20, 2011, forwarding an
application submitted by Basilia Curton, 26685 Tawas St., Madison
Heights, Michigan 48071, for a massage apprentice permit and in
accordance with Chapter 5 49 of the Livonia Code of Ordinances, as
amended, the Council does hereby approve this request in the manner
and form herein submitted, and the City Clerk is hereby requested to
do all things necessary or incidental to the full performance of this
resolution
#326-11 RESOLVED, that having considered a communication
from the City Clerk, dated September 20, 2011, forwarding an
application submitted by Yueh-Chien Chen, 41172 Northwind Drive,
Canton, Michigan 48188, for a massage apprentice permit and in
accordance with Chapter 5 49 of the Livonia Code of Ordinances, as
amended, the Council does hereby approve this request in the manner
and form herein submitted, and the City Clerk is hereby requested to
do all things necessary or incidental to the full performance of this
resolution
#327-11 RESOLVED, that having considered a communication
from the City Clerk, dated July 11, 2011, forwarding an application
submitted by Xiao Hong Xu, 23240 Brentwood Dr , Brownstown,
Michigan 48183, for a massage apprentice permit and in accordance
with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the
Council does hereby approve this request in the manner and form
herein submitted, and the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this resolution
#328-11 RESOLVED, that having considered a communication
from the Mayor, dated September 28, 2011, the Council does hereby
approve of and concur in the reappointment of Lynda Scheel, 19980
Regular Meeting Minutes of October 19, 2011 38038
Mayfield, Livonia, Michigan 48152, to the Livonia Brownfield
Redevelopment Authority for a term of three years, which will expire on
November 24, 2014
#329-11 RESOLVED, that having considered a communication
from the Mayor, dated September 28, 2011, the Council does hereby
approve of and concur in the reappointment of Joe Taylor, 36734
Sunnydale, Livonia, Michigan 48154, to the Livonia Brownfield
Redevelopment Authority for a term of three years, which will expire on
November 24, 2014
#330-11 RESOLVED, that having considered a communication
from the Mayor, dated September 28, 2011, the Council does hereby
approve of and concur in the reappointment of Jack Engebretson,
18871 Comstock, Livonia, Michigan 48152, to the Livonia Brownfield
Redevelopment Authority for a term of three years, which will expire on
November 24, 2014
#331-11 RESOLVED, that having considered a communication
from Ashley V Krueger, Secretary, Livonia Brownfield Redevelopment
Authority, dated September 15, 2011, approved for submission by the
Mayor, which transmits resolution numbers 02-11 and 03-11, adopted
by the Livonia Brownfield Redevelopment Authority on September 12,
2011, wherein it is requested that the Council amend Article II, Section
imp
6, and Article III, Section 2 of the Livonia Brownfield Redevelopment
Authority Bylaws, the Council does hereby approve such request and
Article II, Directors, Section 6, Meetings, and Article III, Officers,
Section 2, Nomination, Election and Term of Office, are hereby
amended to read as follows
ARTICLE II Directors
Section 6 Meetings The Brownfield Board shall adopt a schedule of
regular meetings Said meetings of the Brownfield Board may be
called by or at the request of the Chairperson of the Brownfield Board
or any two Directors The meetings of the Brownfield Board shall be
public, and the appropriate notice of such meetings shall be provided
to the public The Brownfield Board shall hold an annual meeting at
which time officers of the Brownfield Board shall be elected as
provided in Article III, Section 2
ARTICLE III Officers
Section 2 Nomination, Election, and Term of Office The
Brownfield Board at the annual meeting shall elect the officers of the
Authority Candidates shall be nominated by a nominating committee
composed of three members appointed by the Chairperson The term
Regular Meeting Minutes of October 19, 2011 38039
of each office shall be for one (1) year Each officer shall hold office
until his/her successor is elected
#332-11 RESOLVED, that having considered a communication
from the Director of Community Resources, the Superintendent of
Public Service - Environment & Utilities and the Director of Public
Works, dated September 21, 2011, which bears the signature of the
Director of Finance, and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of one (1) 2012 Ford
E350 15 passenger Club Wagon from Gorno Ford, 22025 Allen Road,
Trenton, Michigan 48138, in the amount of $63,895 00 for Community
Transit from funds already budgeted in Account No 218-889-985-000
(Community Transit Fund - Capital Outlay) for this purpose,
FURTHER, the Council does hereby determine to authorize this
purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price (under Contract No
071B8200138), and such action is taken in accordance with the
provisions set forth in Section 3 04 140 D 4 of the Livonia Code of
Ordinances, as amended
#333-11 WHEREAS, Section 13(9), of Act 51, Public Acts of 1951
provided that each incorporated City and Village to which funds are
returned under the provisions of this Section, that, "the responsibility
for street improvements, maintenance, and traffic operations work, and
the development, construction, or repair of off-street parking facilities
and construction or repair of street lighting shall be coordinated by a
single administrator to be designated by the governing body who shall
be responsible for and shall represent the municipality in transactions
with the State Transportation Department pursuant to this act",
THEREFORE, BE IT RESOLVED, that the Council does hereby
designate City Engineer, Todd J Zilincik, P E , as the single Street
Administrator for the City of Livonia in all transactions with the State
Transportation Department as provided in Section 13 of the Act.
#334-11 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service —
Environment and Utilities, dated October 3, 2011, which bears the
signature of the Director of Finance, and is approved for submission by
the Mayor, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute a contract
between the City of Livonia and A.K. Equipment, Inc , 7254 Quincy
Street, Zeeland, Michigan 49464, to complete all work required in
connection with the construction of the awning and end walls for the
City's salt storage at the existing transfer station in an amount not to
exceed $27,396 00, FURTHER, the Council does hereby appropriate
and authorize an expenditure in an amount not to exceed $27,396 00
from the Unexpended Fund Balance of the Local Road Fund (203) for
Regular Meeting Minutes of October 19, 2011 38040
this purpose, and the City Engineer is hereby authorized to approve
minor adjustments in the work as it becomes necessary; FURTHER,
the Council does hereby waive the City's competitive bid process for
the reasons outlined in the aforesaid report and recommendation and
in accordance with Section 3 04 140 D 4 of the Livonia Code of
Ordinances, as amended
#335-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 27, 2011,
which bears the signature of the Director of Public Works and the
Director of Finance, and is approved for submission by the Mayor, the
Council does hereby approve the 2012 Road Repair Program as
proposed by the Department of Public Works and reviewed by the
Citizens Advisory Committee on Roads and shown in Attachment 1 of
the aforesaid report.
#336-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 28, 2011,
which bears the signature of the Director of Finance, is approved by
the Director of Public Works and approved for submission by the
Mayor, wherein approval is requested to extend and amend the
existing contracts (previously authorized in Council Resolution Nos
260-10 and 379-10) for design and construction engineering services
for the 2012 Concrete and Asphalt Paving Programs, the Council does
hereby determine as follows
• To authorize the Mayor and the City Clerk to execute an
amendment to the Engineering contract with Orchard, Hiltz &
McCliment, Inc , 34000 Plymouth Road, Livonia, Michigan
48150, in the amount of $255,809 00 ($82,965 00 for Design
Engineering and $172,844 00 for Construction Engineering for
the Asphalt Program),
• To authorize the Mayor and the City Clerk to execute an
amendment to the Engineering contract with Anderson, Eckstein
and Westrick, Inc , 51301 Schoenherr Road, Shelby Township,
Michigan 48315, in the amount of $275,412 00 ($89,323 00 for
Design Services and $186,089 00 for Construction Engineering
Services for the Concrete Program), said amounts being based
on the preliminary construction cost estimates and subject to
adjustment based on actual bids,
• To authorize an expenditure in the amount of $531,221 00 from
budgeted funds from the Road, Sidewalk and Tree Fund,
Account No 204-441-818-102, and
• To authorize the City Engineer to approve minor adjustments in
the work, as required
Regular Meeting Minutes of October 19, 2011 38041
#337-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated September 26, 2011, which
transmits its resolution 09-52-2011, adopted on September 20, 2011,
with regard to Petition 2011-08-03-02 submitted by Lormax Stern
Development Company, to determine whether or not to vacate part of
an existing drain easement on property located at the Livonia
Marketplace at the Northwest corner of Seven Mile Road and
Middlebelt Road in the Southeast 1/4 of Section 2, which property is
zoned C-2 and P, the Council does hereby concur in the
recommendation of the City Planning Commission and does grant and
approve said Petition 2011-08-03-02 and the Department of Law is
hereby requested to prepare the necessary vacating ordinance in
accordance with this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and
McCann
NAYS None
A communication from Jack Holmes, 11637 Cavell Street, received in
the Office of the City Clerk on August 11, 2011, re stating his agreement and
support with vacating the alley between Cavell and Arcola, was received and placed
on file for the information of the Council (CR 257-08)
A communication from Daniel West, 11640 Cavell Street, received in
the Office of the City Clerk on August 11, 2011, re stating his agreement and
support with vacating the alley between Cavell and Arcola, was received and placed
on file for the information of the Council (CR 257-08)
A communication from the Engineering Division, dated October 17,
2011, re additional information in opposition to the vacation of the alley between
Cavell and Arcola, was received and placed on file for the information of the Council
(CR 257-08)
On a motion by Toy, seconded by Brosnan, and unanimously adopted,
it was
Regular Meeting Minutes of October 19, 2011 38042
#338-11 RESOLVED, that having considered a communication
from the Committee of the Whole, dated August 9, 2011, submitted
pursuant to Council Resolution 257-08, and a communication from the
City Planning Commission, dated May 16, 2008, which transmits its
resolution 05-37-2008, adopted on May 13, 2008, with regard to
Petition 2008-04-03-01 submitted by the City Planning Commission,
pursuant to Council Resolution 216-07, and Section 12 08 015(A) of
Livonia Code of Ordinances of the City of Livonia, as amended, to
determine whether or not to vacate the east/west alley adjacent to Lots
28 through 40, Lot 201 and Lot 290 and the adjacent vacated
north/south alley in Schanhite's Marquette Manor Subdivision, located
north of and parallel to Plymouth Road between Cavell and Arcola in
the Southeast '/ of Section 25, which property is zoned R-1, C-2 and
P, the Council does hereby determine to take no further action with
regard to this matter
A communication from the Department of Finance, dated August 23,
2011, re retiree health insurance, was received and placed on file for the
information of the Council (CR 247-11 and CR 248-11)
A communication containing the City of Livonia Preliminary Budget
Documents for Fiscal Year 2011-2012, received on September 15, 2011, was
received and placed on file for the information of the Council (CR 247-11 and CR
248-11)
A communication containing the Supplement to the City of Livonia
Preliminary Budget for Fiscal Year 2011-2012 with Personnel Worksheets, received
on September 15, 2011, was received and placed on file for the information of the
Council (CR 247-11 and CR 248-11)
On a motion by Pastor, seconded by Schwartz, and unanimously
adopted, it was
#339-11 RESOLVED, that pursuant to Section 5, Chapter VII and
Section 1 of Chapter VIII of the Charter of the City of Livonia, the
Council does hereby establish a tax levy of 4 0447 mills, of the taxable
valuation of all real and personal property subject to taxation in the City
of Livonia for the next fiscal year commencing December 1, 2011, and
ending November 30, 2012, and in addition to the above amount which
Regular Meeting Minutes of October 19, 2011 38043
is authorized to be levied for general purposes by the Charter of the
City of Livonia
(a) The Council does hereby establish a tax levy of 8088 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
pursuant to Section 1 of Chapter VIII of the Charter of the City of
Livonia, for the purpose of providing additional revenues for
police protection and law enforcement personnel, equipment,
supplies and facilities of the City of Livonia, in addition to the
amount authorized to be levied for general municipal purposes,
(b) The Council does hereby establish a tax levy of 1 2134 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
pursuant to Section 1 of Chapter VIII of the Charter of the City of
Livonia, for the purpose of providing additional revenues for fire,
police and snow removal personnel, equipment, supplies and
facilities of the City of Livonia, in addition to the amount
authorized to be levied for general municipal purposes,
(c) The Council does hereby establish a tax levy of 1 7000 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
pursuant to Section 1 of Chapter VIII of the Charter of the City of
Livonia, for the purpose of providing additional revenues for
police and fire personnel and support costs in the City of
Livonia, in addition to the amount authorized to be levied for
general municipal purposes,
(d) The Council does hereby establish a tax levy of 8088 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
pursuant to Section 1 of Chapter VIII of the Charter of the City of
Livonia, for the purpose of providing additional revenues for
library services, supplies and facilities in the City of Livonia, in
addition to the amount authorized to be levied for general
municipal purposes,
(e) The Council does hereby establish a tax levy of 0121 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
pursuant to the provisions of Act 359 of the Public Acts of 1925,
for the purpose of advertising, exploiting and making known the
industrial and commercial advantages of the City of Livonia and
to establish projects for the purpose of encouraging immigration
to, and increasing the trade, business and industries of the City
Regular Meeting Minutes of October 19, 2011 38044
of Livonia, in addition to the amount which is authorized to be
levied for general municipal purposes,
(f) The Council does hereby establish a tax levy of 1 8767 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
pursuant to the provisions of Act 298 of the Public Acts of 1917,
for the purpose of establishing, operating, maintaining and
administering the Municipal Garbage Collection System and/or
plant for the collection and disposal of garbage and refuse in the
City of Livonia, in addition to the amount authorized to be levied
for general municipal purposes,
(g) The Council does hereby establish a tax levy of 4979 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
for the purpose of defraying City expenses and liabilities for the
collection and disposal activities required for curbside recycling
and yard waste composting programs, in addition to the amount
authorized to be levied for general municipal purposes,
(h) The Council does hereby establish a tax levy of 7855 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
for the purpose of providing additional revenues for a
community recreation center, recreation personnel, equipment,
supplies, facilities and operations, in addition to the amount
authorized to be levied for general municipal purposes,
(i) The Council does hereby establish a tax levy of 8893 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
for the purpose of providing additional revenues for repairing or
replacing public roads, sidewalks and trees in the City of
Livonia, in addition to the amount to be levied for general
municipal purposes,
(j) The Council does hereby establish a tax levy of 5000 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
for the purpose of providing additional revenues for the City's
community transit program and capital improvements within the
City of Livonia, in addition to the amount to be levied for general
municipal purposes,
(k) The Council does hereby establish a tax levy of 2500 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
Regular Meeting Minutes of October 19, 2011 38045
pursuant to Section 1 of Chapter VIII of the Charter of the City of
Livonia, for the purpose of providing additional revenues for
staff, maintenance, and support costs for cultural and senior
services in the City, including the Livonia Senior Center and
Greenmead Historical Village, in addition to the amount
authorized to be levied for general municipal purposes,
AND PROVIDED FURTHER, that the Wayne County Bureau of
Taxation, City Assessor, City Treasurer and City Clerk are hereby
authorized and directed to do all things necessary or incidental to the
full performance of this resolution, and the City Clerk is hereby
requested to immediately transmit copies of this resolution to each of
the above offices
On a motion by Schwartz, seconded by Pastor, it was
RESOLVED, that the Council hereby determines that,
effective January 1, 2012, all newly elected Councilmembers only shall
be responsible to pay for 50 percent of the cost of health insurance,
optical and dental benefits provided by the City
Leo Neville, 15957 Ingram, addressed Council to express his agreement and
support of the proposal offered by Councilmember Brosnan and felt the same rules
should apply to everyone and indicated his belief that all members of Council should
pay 50% of the cost for their health insurance coverage while serving the City
Christopher Martin, 12275 Inkster Road, addressed Council to express he agreed
with the proposal outlined by Councilmember Brosnan and encouraged all members
of Council to embrace the opportunity to show the community their commitment to
the City
Thomas Robinson, former Councilmember, addressed Council and indicated the
subject matter was discussed at length at a recent Candidates' Night and he
believed all City employees should be treated equally and offered his support of
Councilmember Brosnan's proposal to have all members of Council pay 50% of the
cost for their health insurance benefits
On a motion by Brosnan, seconded by Laura, the following substitute
motion was made
RESOLVED, that the Council hereby determines that,
effective January 1, 2012, all Councilmembers shall be responsible to
pay for 50 percent of the cost of health insurance, optical and dental
benefits provided by the City
A roll call vote was then taken to allow the motion to substitute with the following
result:
Regular Meeting Minutes of October 19, 2011 38046
AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and
McCann
NAYS None
The President declared the motion to substitute passed
President McCann passed the gavel to Vice President Laura at 8 45 p m to speak to
the issue
On a motion by Brosnan, seconded by Laura, a roll call vote was then
taken on the substitute resolution, as follows
#340-11 RESOLVED, that the Council hereby determines that,
effective January 1, 2012, all Councilmembers shall be responsible to
pay for 50 percent of the cost of health insurance, optical and dental
benefits provided by the City
with the following result:
AYES Toy, Brosnan, Schwartz, Pastor, Meakin, McCann, and
Laura
NAYS None
Vice President Laura declared the substitute resolution adopted
Vice President Laura returned the gavel to President McCann at 8 50 p m
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#341-11 RESOLVED, that the Council hereby determines that the
Annual Budget for the fiscal year as submitted by the Mayor for the
next fiscal year commencing December 1, 2011, and ending
November 30, 2012, as shown in the Budget Document in Section I,
submitted by the Mayor to the Council on September 15, 2011,
pursuant to Section 3, Chapter VII of the City Charter, be and hereby is
determined and adopted, provided, however, for the monthly reports to
the Council, the amounts as shown in Sections III and IV should be
used for comparative reporting purposes, and Council approval is
required for any modification to the amounts shown in Section I, and
that all proceedings on said Budget be and hereby are approved as
being in full conformance with the City Charter, a public hearing having
been held on October 3, 2011, after proper notice being published in
the Livonia Observer and Eccentric, the official newspaper of the City,
Regular Meeting Minutes of October 19, 2011 38047
on September 18, 2011, and provided further that the City Clerk shall
publish or cause to be published this resolution together with a
summary of said Budget as adopted herein, together with the minutes
of this meeting
On a motion by Laura, seconded by Toy, and unanimously adopted, it
was
#342-11 RESOLVED, that the Council does hereby refer the
subject of the Legislative Affairs Director to the Committee of the
Whole for its report and recommendation
A communication from Jennifer Bouchard, 27427 Long Street, dated
September 15, 2011, re expressing her objection to the proposed SDD liquor
license transfer for Garden Party Store located at the Southwest corner of Grand
River Avenue and Inkster Road (27405 Grand River Avenue), was received and
placed on file for the information of the Council (Petition 2011-08-02-11)
A communication from Gina Posler, 27431 Long Street, dated
September 15, 2011, re expressing her objection to the proposed SDD liquor
license transfer for Garden Party Store located at the Southwest corner of Grand
River Avenue and Inkster Road (27405 Grand River Avenue), was received and
placed on file for the information of the Council (Petition 2011-08-02-11)
Three separate communications from Rose Fadel, Linda O'Neil, and
Steve Kandt, received in the Office of the City Clerk on October 14, 2011, re
expressing their support of the proposed SDD liquor license transfer for Garden
Party Store located at the Southwest corner of Grand River Avenue and Inkster
Road (27405 Grand River Avenue), were received and placed on file for the
information of the Council (Petition 2011-08-02-11)
A communication from Ricky Deligny, 27432 Long Street, received in
the Office of the City Clerk on October 14, 2011, re expressing his support of the
Regular Meeting Minutes of October 19, 2011 38048
proposed SDD liquor license transfer for Garden Party Store located at the
Southwest corner of Grand River Avenue and Inkster Road (27405 Grand River
Avenue), was received and placed on file for the information of the Council (Petition
2011-08-02-11)
A communication from Keith A. Bradley, 27428 Long Street, received
in the Office of the City Clerk on October 14, 2011, re expressing his support of the
proposed SDD liquor license transfer for Garden Party Store located at the
Southwest corner of Grand River Avenue and Inkster Road (27405 Grand River
Avenue), was received and placed on file for the information of the Council (Petition
2011-08-02-11)
On a motion by Laura, seconded Brosnan, and unanimously adopted,
it was
#343-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated September 26, 2011, which
transmits its resolution 09-51-2011, adopted on September 20, 2011,
with regard to Petition 2011-08-02-11, submitted by N H Enterprises,
Inc requesting waiver use approval to utilize an SDD liquor license
(sale of packaged spirits over 21% alcohol) in connection with a party
store (Garden Party Store), on property located on the Southwest
corner of Grand River Avenue and Inkster (27405 Grand River
Avenue), in the Northeast '/4 of Section 1, which property is zoned C-2,
the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 2011-08-02-11 is hereby
approved and granted, subject to the following condition
1 That public access to SDD products shall be restricted, as
stipulated in Section 11 03(R)(4) of the Zoning Ordinance
FURTHER, the Council does hereby waive the 1,000 foot separation
requirement between existing SDD licensed establishments set forth in
Section 11 03(R)(1) of the Zoning Ordinance
John Carlin, Attorney, 2855 Coolide Highway, Troy, Michigan, was present on behalf
of the Petitioner to answer any questions of Council and indicated it was a pleasure
working with the Council and Mayor
Regular Meeting Minutes of October 19, 2011 38049
On a motion by Brosnan, seconded by Pastor, and unanimously
adopted, it was
#344-11 WHEREAS, the City Clerk has received an application for
an Industrial Facilities Exemption Certificate from Kathy L. Oleski,
Chief Financial Officer, Applied Process, Inc , dated September 6,
2011, covering new industrial facilities to be located within City of
Livonia Industrial Development District No 35, and
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 facility 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 City Council has afforded Applied Process, 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 pm , Monday, October 10, 2011, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
WHEREAS, the aggregate SEV of real and personal property exempt
from ad valorem taxes within the City of Livonia after granting these
certificates 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
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, Applied Process, 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
facility 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 this Application for
Industrial Facilities Exemption Certificate from Applied Process,
Inc , covering new equipment for their facility located within the
City of Livonia Industrial Development District No 35, for 12
years
Regular Meeting Minutes of October 19, 2011 38050
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 this Industrial Facilities
Exemption Certificate, the Council hereby authorizes the Mayor
and City Clerk to sign such Letter of Agreement as duly
executed by the applicant and incorporate such Letter of
Agreement as part of the documentation required to process
applications for Industrial Facilities Exemption Certificates
On a motion by Brosnan, seconded by Toy, and unanimously adopted,
it was
#345-11 RESOLVED, that the City Council does hereby refer the
subject matter of the tax abatement grid and guidelines to the
Committee of the Whole for its report and recommendation
A communication from Kucyk, Soave & Fernandes, P L L.0 , dated
October 18, 2011, re requesting the subject matter of proposal to rezone property
located on the west side of Henry Ruff Road between Schoolcraft Road and Lyndon
Avenue (14341 Henry Ruff) be removed from the Regular Agenda, was received
and placed on file for the information of the Council (Petition 2011-07-01-03)
At the direction of the Chair, Agenda Item #18 was removed from the
Agenda (Petition 2011-07-01-03)
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#346-11 WHEREAS, the City of Livonia meets the definition of an
"Eligible Local Assessing District" under PA 328 of 1998, Section 7(g),
by virtue of containing an eligible distressed area as defined by Section
7(0(i), in accordance with PA 346 of 1966, Section 11, and
WHEREAS pursuant to PA 198 of 1974, as amended, after a duly
noticed public hearing, the City Council of the City of Livonia,
established Livonia Industrial Development District No 94, on
February 13, 2008, for property at 33375 Glendale, thereby creating an
"eligible district" for purposes of Act 328 of 1998, as amended (the
"Act"), and
Regular Meeting Minutes of October 19, 2011 38051
WHEREAS Washers, Inc (d/b/a Alphausa or Alpha Stamping
Company), a Michigan corporation and an eligible business under the
Act, has filed an application for Exemption of New Personal Property to
be located in the referenced eligible district; and
WHEREAS before acting upon said application the City Council of the
City of Livonia held a public hearing on the 19th day of October, 2011,
at 7 00 p m in Livonia City Hall at 33000 Civic Center Drive, Livonia,
Michigan, at which the Applicant, City Assessor and a representative of
the affected taxing units were given written notice and were afforded
an opportunity to be heard on said Application,
WHEREAS, the exemption of new personal property for Washers, Inc
(d/b/a Alphausa or Alpha Stamping Company) shall have the effect of
increased employment for the City of Livonia,
NOW THEREFORE, BE IT RESOLVED that the City Council of the
City of Livonia, on the basis of the information received from the
applicant, Washers, Inc (d/b/a Alphausa or Alpha Stamping Company)
finds and determines (a) that the granting of this Exemption of New
Personal Property 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 personal property is to be
located, and (b) the applicant has fully complied with the requirements
of Act 328 of 1998, as amended
BE IT FURTHER RESOLVED THAT the City Council of the City of
Livonia hereby approves the application of Washers, Inc (d/b/a
Alphausa or Alpha Stamping Company), for the Exemption of New
Personal Property to be installed in the referenced eligible district; and
BE IT FURTHER RESOLVED THAT if the owner or lessee of a facility
for which an Exemption of New Personal Property under the Act is in
effect relocates that facility outside of the eligible district during the
period in which the Exemption is in effect, the owner or lessee is liable
to the City from which it is leaving, upon relocating, for an amount to be
determined in accordance with a Letter of Agreement executed
between Washers, Inc (d/b/a Alphausa or Alpha Stamping) and the
City of Livonia If the City determines that it is in its best interest, the
City may forgive the liability of the owner or lessee under the terms of
the Letter of Agreement. The payment provided for in the Letter of
Agreement shall be distributed in the same manner as property taxes
are distributed
BE IT FURTHER RESOLVED THAT the New Personal Property
Exemption when issued shall be, and remain in force and effect for a
period of 7 years, beginning on or about November 1, 2011, and
ending October 31, 2018
Regular Meeting Minutes of October 19, 2011 38052
BE IT FURTHER RESOLVED THAT Washers, Inc (d/b/a Alphausa or
Alpha Stamping Company) shall file with the City Assessor two (2)
personal property statements each year one statement for Exempt
New Personal Property and one statement for all other personal
property; and
BE IT FURTHER RESOLVED THAT the Application submitted by
Washers, Inc (d/b/a Alphausa or Alpha Stamping Company) is for an
Exemption of New Personal Property that will be located in the
following described parcel of real estate situated within the City of
Livonia, in Industrial Development District No 94, established on
February 13, 2008
Part of the NW 1/4 of Section 27, T1 S, R9E, beginning North 0
degrees 21 minutes 10 seconds East, 49 50 feet and South 89
degrees 12 minutes 30 seconds East, 100 feet from West 1/4
corner of Section 27, thence North 2 degrees 22 minutes West,
420 63 feet, thence South 89 degrees 12 minutes 30 seconds
East, 389 50 feet, thence South 0 degrees 21 minutes 10
seconds West, 420 feet, thence North 89 degrees 12 minutes
30 seconds West, 369 50 feet to the point of beginning 3 66
acres
BE IT FINALLY RESOLVED that the City Clerk shall cause the
Application for Exemption of New Personal Property to be completed
and shall take all the steps necessary to insure that the completed
application and a copy of this Resolution are filed with the State Tax
Commission in a timely fashion
On a motion by Toy, seconded by Schwartz, and unanimously
adopted, it was
#347-11 RESOLVED, that having considered a communication
from the Chairman of the Water and Sewer Board, dated October 3,
2011, 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 4297 10/11, wherein the Board concurs in
the recommendation made by the Superintendent of Public Utilities
and the Director of Public Works, dated September 27, 2011, the
Council does hereby approve the payment of $40,000 00 to Sinacola
and Howard, Inc , 30380 South Hill Court, New Hudson, Michigan
48165-9711, for completing all work required in connection with the
emergency repair and replacement of a 15-inch sanitary sewer main at
34766 Standish Street; FURTHER, the Council does hereby
appropriate and authorize an expenditure in an amount not to exceed
$40,000 00 from Account No 592-559-818-000 (Water and Sewer
Fund) for this purpose, FURTHER, the Council does hereby authorize
Regular Meeting Minutes of October 19, 2011 38053
this work without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance
Section 3 04 140 D 1 of the Livonia Code of Ordinances, as amended
There was no Audience Communication at the end of the meeting
Toy announced Dianne Laura, a School Board candidate for the
Livonia Public Schools, was present in the audience and thanked her for attending
the meeting
On a motion by Meakin, seconded by Schwartz, and unanimously
adopted, this 1,691st Regular Meeting of the Council of the City of Livonia was
adjourned at 9 08 p m
f.-N (L- )L{ t_
Ct'
Terry A.Oarecki, City Clerk