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HomeMy WebLinkAboutCOUNCIL MINUTES 2012-04-04 38224 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND SECOND REGULAR MEETING OF APRIL 4, 2012 On April 4, 2012, 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 00 p m Councilmember Brosnan led the meeting with an invocation Roll was called with the following result: Maureen Miller Brosnan, Brandon Kritzman, James McCann, Joe Laura, John Pastor, Thomas Robinson, and Laura Toy Absent: None Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City Attorney; Terry Marecki, City Clerk; Dennis Wright, City Treasurer; Joan Gebhardt, Wayne County Commissioner; and Mayor Jack Kirksey On a motion by Pastor, seconded by Brosnan, it was #141-12 RESOLVED, that the Minutes of the 1,701st Regular Meeting of the Council held March 21, 2012, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Kritzman, Laura, Pastor, Robinson, and Toy NAYS None PRESENT McCann Brosnan announced she attended the Summit for the Save Our Youth Task Force which was hosted in the Auditorium at City Hall recently and reported the members of the youth organization listed a number of key concerns to them and provided seven key areas the community needs to better focus on to assist the youth Brosnan concluded that she would like to schedule the K-2 drug on an upcoming Council Agenda for the matter to be discussed further by community leaders which was listed as an item of high importance by the Save Our Youth Task Force Robinson announced he recently attended an event hosted by the Seedlings Braille Books for Children, a tax exempt organization operating within the Regular Meeting Minutes of April 4, 2012 38225 community Robinson indicated the organization has provided braille books for 25 years to blind children within the Livonia community and beyond and invited Council and residents to attend their upcoming Open House scheduled for Thursday, May 17th from 5 00 p m to 7 00 p m at their facility located at 14151 Farmington Road President Toy expressed condolences to the Welling family on the recent passing of a longtime, active community member Dawn Welling Powell President Toy stated Ms Powell was an active member in the Livonia community and had a great spirit and was a member of a great Livonia family President Toy requested a moment of silence in her honor and stated Ms Powell would be greatly missed by the community During Audience Communication, John Grzebik, 11301 Hubbell, addressed Council to indicate the Livonia Public Schools would host a Community Forum meeting at Stevenson High School on Monday, April 16th from 3 30 p m to 5 00 p m to discuss the proposed bond issue for the District. In addition, Mr Grzebik indicated the PTSA will host a Youth Making a Difference Celebration event on Tuesday, April 17th at Franklin High School from 6 30 p m to 8 30 p m Edward Collins, 9659 Wayne Road, addressed Council to express his concern about the accuracy of property assessments and gross discrepancies between the City's assessed value and the fair open market value of homes Mr Collins inquired what credentials were necessary for members to be appointed to the Board of Review and inquired why a licensed appraisal would be ignored when presented to the Board of Review for a request to lower the assessed value on a property Christopher Martin, 12275 Inkster Road, addressed Council to express his concern about how a resident appeals their assessed value of their homes and indicated he has attended many of the Board of Review meetings and does not find it to be a fair process to residents A communication from the Department of Finance, dated March 16, 2012, re various financial statements for the month ending December 31, 2011, reflecting a quick financial overview of various funds of the City, was received and placed on file for the information of the Council. A communication from the Department of Finance, dated March 23, 2012, re a summary of investments for the City of Livonia as of February 29, 2012, was received and placed on file for the information of the Council Regular Meeting Minutes of April 4, 2012 38226 A communication from Joanna Hardesty at Wade Shows, Inc., dated March 28, 2012, requesting a change of dates for an upcoming carnival sponsored by the Livonia Rotary Club to Wednesday, May 23, 2012, through Monday, May 28, 2012, was received and placed on file for the information of the Council (Petition 2012-02-02-03) At the direction of the Chair, Agenda Item #7 was removed from the Consent portion of the Agenda On a motion by Brosnan, seconded by Laura, it was #142-12 RESOLVED, that having considered an application from Kathleen A. Fitzgerald, dated March 12, 2012, requesting permission to close Cranston between Elmira and Orangelawn on Monday, May 28, 2012, from 2 00 p m until 8 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #143-12 RESOLVED, that having considered a letter from Fred E Sackllah, Festival Chair Person, The Basilica of St. Mary Antiochian Orthodox Church, dated March 19, 2012, regarding their Fourth Annual Sahara Fest scheduled for Thursday, May 31, 2012, through Sunday, June 3, 2012, the Council does hereby determine to waive Section 8 32.070 (Noise Control) of the Livonia Code of Ordinances between the hours of 10 00 a m and 10 00 p m , except on Sunday ending at 9 00 p m , in connection with this event to be held Thursday, May 31, 2012, through Sunday, June 3, 2012, at Bryant Park located at 18000 Merriman Road, and that the appropriate level of amplified music will be controlled by a church-appointed "sound engineer" who will have total control of the sound system at all times and that the speakers inside the tent will be pointed north (toward the church) and away from neighboring houses in connection with this event to be held Thursday, May 31, 2012, through Sunday, June 3, 2012, at Bryant Park located at 18000 Merriman Road, FURTHER, the Council does hereby limit the live music hours from 6 00 p m to 8 30 p m on Thursday, 6 00 p m to 9 30 p m on Friday, 4 00 p m to 9.30 p m on Saturday, and 1 00 p m to TOO p m on Sunday; FURTHER, the Council does hereby grant and approve three (3) 4' x 4' signs to be placed on St. Mary's property and at Bryant Park no earlier than Thursday, May 17, 2012, and removed no later than Thursday, June 7, 2012 #144-12 RESOLVED, that having considered a communication from the City Clerk, dated March 19, 2012, forwarding an application Regular Meeting Minutes of April 4, 2012 38227 submitted by Sharon Bass, 20914 W Glen Haven Circle, Northville, Michigan 48167, for a massage therapist 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 ih'"' necessary or incidental to the full performance of this resolution #145-12 RESOLVED, that having considered a request from Keith Lutz, APi Plan Design Build, dated March 8, 2012, to amend Council Resolution No 263-10 to reflect the new address to J&M Beverages, Inc , the Council does hereby determine to amend and revise Council Resolution No 263-10 as follows RESOLVED, that having considered a communication from the City Planning Commission, dated June 9, 2010, which transmits its resolution 06-34-2010, adopted on June 8, 2010, with regard to Petition 2010-04- 02-09, submitted by J&M Beverages, Inc. requesting waiver use approval to utilize an SDM Liquor License (sale of packaged beer and wine) and an SDD Liquor License (sale of packaged spirits over 21% alcohol) on property located on the north side of Plymouth Road between Stark Road and Belden Court (34746 Plymouth Road), in the Southwest 1/4 of Section 28, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2010-04-02-09 is hereby approved and granted, subject to the following conditions 1 That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 10 03 and 19 06 of Zoning Ordinance No 543, 2 That a security device such as a locked case or a closed off counter shall be provided to restrict public access to SDD products, as stipulated in Section 10 03(g)(4) of the Zoning Ordinance, 3 That the issues noted in the correspondence dated May 28, 2010, from the Inspection Department shall be rectified to that department's satisfaction, and 4 That replacement trees shall be planted at the Southeast and Southwest corners of the property per the review and approval of the Planning Department. Such trees shall be installed prior to the final inspection by the Inspection Department. #146-12 RESOLVED, that having considered a communication from the Mayor, dated March 12, 2012, wherein he has requested approval of the reappointment of Elizabeth McCue, 11311 Berwick, Livonia, Michigan 48150, to the Plymouth Road Development Authority as a Regular Meeting Minutes of April 4, 2012 38228 representative of the business/property owner in the District for a period of four years, which shall expire on May 16, 2016, pursuant to Section 2 48 020 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. #147-12 WHEREAS, in 1872, J Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving up paper, wood for our homes, fuel for our fires, and countless other wood products, and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, and WHEREAS, Livonia has been recognized as a Tree City USA by The National Arbor Day Foundation for the last fourteen years and desires to continue its tree-planting practices NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members of the City Council of the City of Livonia hereby proclaim Friday, April 27, 2012, as Arbor Day in the City of Livonia, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, we urge all citizens to plant trees to promote the well being of this and future generations, and we invite citizens to join in the commemoration of Arbor Day planned by the Tree City Committee at Kennedy Elementary School at 1 30 p m on April 27, 2012 BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Rick Snyder, State Senator Glen Anderson, State Representative John Walsh, State Representative Phil Cavanagh, the Michigan Municipal League State and Federal Affairs Division, and the Conference of Western Wayne Regular Meeting Minutes of April 4, 2012 38229 #148-12 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 15, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize an extension of the existing contract with American Fence & Supply, 21200 Schoenherr, Warren, Michigan 48089, previously approved in Council Resolution No 191-11, for performing all work required in connection with the removal and replacement of three (3) additional backstops at Wilson Acres Park, Mies Park and Country Homes, at 2011 conditions and prices, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $18,387 15 from the Unexpended Fund Account 208 (Community Recreation Fund) for this purpose which will be reimbursed by the County of Wayne through grant funds, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract extension with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution #149-12 RESOLVED, that having considered a communication from the Director of Public Works and the Superintendent of Public Works — Environment and Utilities, dated February 27, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting approval to participate in the Alliance of Rouge Communities (ARC) and for payment of the Annual Assessment for 2012, the Council does hereby approve participation in the Alliance of Rouge Communities (ARC) and for payment to the Alliance of Rouge Communities, c/o ECT, 719 Griswold St., Suite 820, Detroit, Michigan 48226, in the amount of $29,013 00 for the City's annual ARC assessment for 2012, FURTHER, the Council does hereby authorize an expenditure in the amount of $29,013 00 from funds already budgeted in Account No 592-559-840-030 for this purpose #150-12 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 5, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Heights Machinery, 8434 M-72 E , Williamsburg, Michigan 49690, for supplying the Public Service Division with two (2) tow-behind batwing wide-area mowers for a total price of $23,988 00, the same having been in fact the lowest bid received and meets all specifications, and the amount of $23,988 00 is hereby authorized to be expended from funds already budgeted in Account No 401-000-987-000 (Capital Outlay) for this purpose #151-12 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 7, 2012, which bears the signature of the Director of Finance and is approved for 11.• submission by the Mayor, the Council does hereby accept the following Regular Meeting Minutes of April 4, 2012 38230 low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with aggregate materials specified at the unit prices bid for the 2012 calendar year requirements 1 Calo & Sons Construction, Inc., P 0 Box 530563, Livonia, MI 48152 36" Boulders — D T Y $ 48 99 2 Ellsworth Industries, P O. Box 5366, Plymouth, MI 48170 MDOT —22A— DTY $ 873 per ton MDOT — Class ll — DTY 5 98 per ton MDOT —2NS — Natural Sand — D T Y 8 69 per ton Ag-Lime —"Parks" — D T Y 12 90 per ton 3 Freeport Supply Co., 20091 Pennsylvania, Brownstown, MI 48193 MDOT - 21AA— Limestone — DTY $ 10 25 per ton WCDPS —22X— DTY 690 per ton WC DP S — 30A (Blast Furnace Slag) — D T Y 13 00 per ton MDOT —2MS — Mortar Sand — D T Y 990 per ton 60-40 Washed — Conc Aggregates — D T Y 11 50 per ton Pea Gravel — DTY 11 75 per ton 1" to 3" Crushed Concrete — D T Y 8 25 per ton MDOT —6A Natural Stone — DTY 10 00 per ton 8" — 16" Limestone — D T Y 19 75 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with the materials specified at the unit prices bid for the 2012 calendar year requirements 1 Calo & Sons Construction, Inc , P.O. Box 530563, Livonia, MI 48152 Pea Gravel — DTY $ 13.25 per ton 1" — 3" Crushed Concrete — D T Y 9 65 per ton 2 Ellsworth Industries, P.O. Box 5366, Plymouth, MI 48170 MDOT — 21 AA— Limestone — DTY $ 10 35 per ton MDOT — 2MS — Mortar Sand - D T Y 999 per ton MDOT —6A Natural Stone D T Y 12 75 per ton 3 Freeport Supply Co., 20091 Pennsylvania, Brownstown, MI 48193 Regular Meeting Minutes of April 4, 2012 38231 M D O T - Class ll - DTY $ 6 15 per ton 36" Boulders - D T Y 50 00 per ton 4 Osburn Industries, 5850 Pardee, Taylor, MI 48180 MDOT -22A- DTY $ 925 per ton WCDPS -22X- DTY 690 per ton WCDPS -30A (Blast Furnace Slag ) - DTY 13 70 per ton MDOT -2NS - Natural Sand - D T Y 900 per ton 60-40 Washed -Conc Aggregates - D T Y 13 00 per ton Ag-Lime -"Parks" - D T Y 15 50 per ton 8" - 16" Limestone - D T Y 21 00 per ton FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 101-463-782-000 (Roads Maintenance Section) for this purpose #152-12 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 16, 2012, approved by the Director of Public Works, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Nagle Paving Company, 36780 Amrhein, Livonia, Michigan 48150, for performing all work required in connection with the 2012 Asphalt Paving Replacement Program (Contract 12-A) on various asphalt streets throughout the City of Livonia, for the estimated total cost of $1,573,385 33, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, and the Council does hereby authorize an expenditure in an amount not to exceed $1,573,385 33 from funds already budgeted in the Roads, Sidewalks and Tree Fund in the following accounts - Account No 204-463-818-110 (Reconstruction) $799,992 17 - Account No 204-463-818-112 (Rehabilitation) $424,396 16 - Account No 204-463-818-114 (Maintenance) $348,997 00 and the City Engineer is hereby authorized to approve any minor adjustments in the work as required, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution Regular Meeting Minutes of April 4, 2012 38232 #153-12 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 16, 2012, approved by the Director of Public Works, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Tiseo Brothers, 68660 Hillside, Washington Township, Michigan 48095, for performing all work required in connection with the 2012 Concrete Road Repair Program (Contract 12-C), for the estimated total cost of $1,501,614 70, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize the transfer of unused budgeted funds from Account No 203-479-818-000 in the amount of $100,000 00 to Account No 204-463-818-000 for reconstruction of City local roads, FURTHER, the Council does hereby authorize an expenditure in the amount of $1,501,614 70 from funds budgeted in the following accounts for this purpose - Account No 202-463-818-110 (Reconstruction) $1,350,007 90 - Account No 204-463-818-114 (Maintenance) $ 151,606 80 and the City Engineer is hereby authorized to approve minor adjustments in the work as required, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #154-12 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 9, 2012, approved by the Director of Public Works, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a communication from R S Contracting, Inc., dated March 6, 2012, wherein it is indicated that R.S Contracting, Inc , agrees to extend the contract pricing of the 2011 Lane Line Marking Program for the 2012 year, the Council does hereby approve a one-year extension of the existing contract with R S Contracting, Inc , 9276 Marine City Highway, Casco, Michigan 48064, for performing all work required in connection with the 2012 Lane Line Marking Program for the estimated total cost of $95,000 00, based on the Engineering Division's estimate of units of work involved (at 2011 unit bid prices) and subject to final payment based on the actual units of work completed, and the Council does hereby authorize an expenditure in the amount of $95,000 00 from funds budgeted in Account No 202-463-818-118 (Contractual Services — Lane Line Marking) for this purpose, FURTHER, the Council does hereby authorize the action herein without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in Regular Meeting Minutes of April 4, 2012 38233 accordance with Section 2 04 140 D 4 of the Livonia Code of Ordinances, as amended, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute a contract extension with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution #155-12 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 19, 2012, approved by the Director of Public Works, which bears the signature of the Director of Finance and the City Attorney and is approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia and the Michigan Department of Transportation (MDOT) for the milling and resurfacing work on portions of eastbound Highway M-102 (Eight Mile Road) from Highway M-5 (Grand River Avenue) to the east City limits (Inkster Road) including ramp and crossover work and sidewalk ramp upgrades, together with necessary related work, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the agreement in the manner and form herein submitted, FURTHER, the total project cost is estimated at $519,150 00 with the City of Livonia participation (2% of the total project cost) estimated at $11,800 00; FURTHER, the Council does hereby authorize an expenditure in the estimated amount of $11,800 00 from funds already budgeted in Account No 202-463-818-125 (Major Street Fund — City participation in County and MDOT Projects) for this purpose #156-12 RESOLVED, that having considered a communication from the City Planning Commission, dated March 8, 2012 which sets forth its resolution 03-22-2012 adopted on March 6, 2012, with regard to Petition 2012-02-02-03 submitted by Wade Shows, Inc requesting waiver use approval to conduct a carnival sponsored by the Livonia Rotary Club consisting of amusement rides, games and food concessions to be held from May 23 through May 28, 2012, inclusive, in the parking lots of Sears, located at 29500 Seven Mile Road, 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, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2012-02-02-03 is hereby approved and granted, subject to the following conditions 1 That the carnival shall be limited to the dates as specified by Wade Shows, Inc , which are May 23, 2012, through May 28, 2012, inclusive, Env Regular Meeting Minutes of April 4, 2012 38234 2 That the proposed carnival operation shall be confined to the area as illustrated on the site plan as received by the Planning Commission on February 8, 2012, 3 That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 60 feet distant from the Seven Mile and Middlebelt Roads right-of-way lines, 4 That all trucks and other transportation equipment shall be parked or stored within the extreme northerly portion of the Sears parking lot, but no closer than 60 feet from St. Martins Avenue and Middlebelt Road right-of-way lines, 5 That the hours of operation of the carnival shall be limited to the following Wednesday, May 23 through Friday, May 25, from 4 00 p m to 11 00 p m , Saturday, May 26, from 12.00 p m to 11 00 p m., Sunday, May 27, from 1 00 p m to 6 00 p m , and Monday, May 28, from 4 00 p m to 11 OO p m , and 6 That access to fire hydrants is provided for the Fire Department. #157-12 RESOLVED, that having received a request from Councilmember Joe Laura, the Council does hereby refer the subject of communication at the meetings to the Committee of the Whole for its report and recommendation #158-12 RESOLVED, that having received a request from Councilmember Thomas Robinson, the Council does hereby refer the subject of a Plymouth Road Development Authority (PRDA) Art Show on Plymouth Road to the Economic Development, Community Outreach and Strategic Planning Committee for its report and recommendation A roll call vote was taken on the foregoing resolutions with the following result: AYES Brosnan, Kritzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #159-12 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated March 14, 2012, which bears the signature of the City Attorney and the Director of Finance and is approved for submission by the Mayor, to which is Regular Meeting Minutes of April 4, 2012 38235 attached a proposed Intergovernmental Agreement between the County of Wayne and the City of Livonia for improvements at Wilson Acres Park, Kleinert Park, Country Homes Park and Mies Park, utilizing grant funds not to exceed $76,000 00, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement in the manner and form herein submitted and to do all things necessary or incidental to the full performance of this resolution George Dupuis, 9912 Hubbard, addressed Council to express his concern for the proposed parking lot to be added at Kleinert Park. Julie Nobel, 9906 Hubbard, addressed Council to express her concern for the proposed parking lot to be added at Kleinert Park and stated her concern the park may become a hangout for unsavory behavior Wayne County Commissioner Joan Gebhardt addressed Council to explain all funding for the projects at the south end Livonia parks would be for improvements only and would not fund any parking lots being implemented at City park locations Commissioner Gebhardt explained the funding would come from Wayne County Parks Millage and felt a pavilion at Kleinert Park would offer necessary shade for parents while visiting the park with their children A communication from Councilmember Thomas Robinson, dated March 13, 2012, re outlining specific goals for "Advance Budget Reviews" ("ABR's") regarding miscellaneous budget issues to be addressed by the Finance, Budget and Technology Committee, was received and placed on file for the information of the Council (CR 171-05) On a motion by Robinson, seconded by Kritzman, and unanimously adopted, it was #160-12 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee dated March 13, 2012, submitted pursuant to Council Resolution 171-05 regarding the subject of miscellaneous budget issues, the Council hereby determines to take no further action with respect to this matter On a motion by Robinson, seconded by Laura, it was RESOLVED, that having considered the report and 1 recommendation of the Finance, Budget and Technology Committee dated March 13, 2012, submitted pursuant to Council Resolution 171-05 regarding the subject of miscellaneous budget issues, the Council Regular Meeting Minutes of April 4, 2012 38236 hereby refers the subject of Advance Budget Reviews to the Finance, Budget and Technology Committee for its report and recommendation On a motion by Kritzman, seconded by McCann, a motion was made to substitute the following resolution in lieu of the foregoing RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee dated March 13, 2012, submitted pursuant to Council Resolution 171-05 regarding the subject of miscellaneous budget issues, the Council does hereby refer the subject matter of the Council's specific duties as they pertain to preparation of the City's Budget to the Finance, Budget and Technology Committee for its report and recommendation A roll call vote was then taken on the motion to substitute with the following result: AYES Pastor, McCann, and Kritzman NAYS Brosnan, Laura, Robinson, and Toy The President declared the substitute motion failed for lack of support. A roll call vote was then taken on the original resolution by Robinson, seconded by Laura, as follows #161-12 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee dated March 13, 2012, submitted pursuant to Council Resolution 171-05 regarding the subject of miscellaneous budget issues, the Council hereby refers the subject of Advance Budget Reviews to the Finance, Budget and Technology Committee for its report and recommendation with the following result: AYES Brosnan, Laura, Robinson, and Toy NAYS Kritzman, McCann, and Pastor The President declared the resolution adopted Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING ARTICLES II AND XXVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE '�' CITY OF LIVONIA ZONING ORDINANCE " (Petition 2011-11-06-03) Regular Meeting Minutes of April 4, 2012 38237 A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Kntzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Kritzman took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 1 04 OF ARTICLE I OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Kritzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 2 02 OF ARTICLE II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE." (Petition 2012-01-06-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Kritzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Regular Meeting Minutes of April 4, 2012 38238 Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 2 03 OF ARTICLE II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Katzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 2 06 OF ARTICLE ll OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Kritzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 2 07 OF ARTICLE II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-02) A roll call vote was taken on the foregoing Ordinance with the following result: Regular Meeting Minutes of April 4, 2012 38239 AYES Brosnan, Kritzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 2 08 OF ARTICLE II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Kritzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 210 OF ARTICLE II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE." (Petition 2012-01-06-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Kritzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Regular Meeting Minutes of April 4, 2012 38240 Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 3 02 OF ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE." (Petition 2012-01-06-03) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Kritzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 3 04 OF ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-03) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Brosnan, Kritzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 3 05 OF ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-03) A roll call vote was taken on the foregoing Ordinance with the following result: Regular Meeting Minutes of April 4, 2012 38241 AYES Brosnan, Kritzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Pastor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 4 02 OF ARTICLE IV OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-04) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Kritzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Pastor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 4 08 OF ARTICLE IV OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-04) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Katzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Regular Meeting Minutes of April 4, 2012 38242 Pastor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 5 02 OF ARTICLE V OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-05) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Katzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Pastor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 511 OF ARTICLE V OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-05) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Kritzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Department of Law, dated March 30, 2012, re additional thoughts and explanation for the reason to amend Section 10 03 030 of the Livonia Code of Ordinances, was received and placed on file for the information of the Council Pastor gave first reading of the following Ordinance Regular Meeting Minutes of April 4, 2012 38243 AN ORDINANCE AMENDING SECTION 010 OF TITLE 1, CHAPTER 12 (GENERAL PENALTY) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 herein The above Ordinance was placed on the table for consideration at an upcoming Regular meeting Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 030 AND 050 OF TITLE 10, CHAPTER 03 (GENERAL PROVISIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 herein The above Ordinance was placed on the table for consideration at an upcoming Regular meeting On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #162-12 WHEREAS, the City of Livonia has 447 miles of roadways throughout the community that are both residential and major arteries for traffic flow; and WHEREAS, the condition of city roads, sidewalks and trees within the public rights-of-way reflects the overall condition of the city and has a direct impact on property values, and WHEREAS, a well-maintained system of roads and public rights-of-way reflects a community planning for the future that will continue to attract new business and residents for the city; and WHEREAS, the Department of Public Works and Engineering Division staff have reviewed the conditions of these roads and public rights-of- way and found substantial deterioration that will require a regular replacement and repair program in order to provide safe and acceptable roads and public rights-of-way for Livonia residents and businesses, and Regular Meeting Minutes of April 4, 2012 38244 WHEREAS, the method of repairing and replacing roads through special assessment of local residents is deemed undesirable since the cost of future special assessments is anticipated to be much higher than in the past and will create a financial burden for many residents, and WHEREAS, the Council of the City of Livonia has determined that in order to properly repair and/or replace roads, sidewalks and trees within the public rights-of-way, it is necessary to levy and collect a tax of 0 89 of 1 mill for a limited term of ten years on all real and personal property subject to taxation in the City of Livonia, in addition to amounts previously authorized, NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of 1909, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 1 in Chapter VIII, which changed section shall read as follows CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax; Tax Limit. The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978, in an amount not to exceed fifteen one-hundredths (15/100) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on Regular Meeting Minutes of April 4, 2012 38245 December 1, 1990, in an amount not to exceed sixty-three one- thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste ` composting programs, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1999, in an amount not to exceed four- fiftieths (4/50) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the establishment of a community recreation center and for recreation personnel, equipment, supplies, operations and facilities in the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a ten year period commencing on December 1, 2002, in an amount not to exceed eighty-nine one-thousandths (89/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees within the City; provided, further, that in addition thereto, the City shall have the power, only if the City first withdraws from the Wayne County Transportation Authority (which funds are currently used in part for the operation of the Suburban Mobility Authority for Regional Transportation [SMART]), to annually levy and collect taxes each year commencing on July 1, 2006, in an amount not to exceed five one-hundredths (5/100) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the City's community transit program and capital improvements within the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a five year period, commencing on December 1, 2011, in an amount not to exceed one hundred seventy one-thousandths (170/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for police and fire personnel and support costs in the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a five year period, commencing on December 1, 2011, in an amount not to exceed twenty- five one-thousandths (25/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole 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, provided, further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a ten year period commencing on December 1, 2012, in an amount not to exceed eighty-nine one- thousandths (89/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole Regular Meeting Minutes of April 4, 2012 38246 purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees within the City RESOLVED FURTHER, that the provisions of the existing section of the Charter of the City of Livonia which is altered, abrogated or affected by this proposal, if adopted, now reads as follows CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax; Tax Limit. The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978, in an amount not to exceed fifteen one-hundredths (15/100) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1990, in an amount not to exceed sixty-three one- thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1999, in an amount not to exceed four- fiftieths (4/50) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the establishment of a community recreation center and for recreation personnel, equipment, supplies, Regular Meeting Minutes of April 4, 2012 38247 operations and facilities in the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a ten year period commencing on December 1, 2002, in an amount not to exceed eighty-nine one-thousandths (89/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees within the City; provided, further, that in addition thereto, the City shall have the power, only if the City first withdraws from the Wayne County Transportation Authority (which funds are currently used in part for the operation of the Suburban Mobility Authority for Regional Transportation [SMART]), to annually levy and collect taxes each year commencing on July 1, 2006, in an amount not to exceed five one-hundredths (5/100) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the City's community transit program and capital improvements within the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a five year period, commencing on December 1, 2011, in an amount not to exceed one hundred seventy one-thousandths (170/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for police and fire personnel and support costs in the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a five year period, commencing on December 1, 2011, in an amount not to exceed twenty- five one-thousandths (25/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole 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, RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law RESOLVED FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at a Special City Election to be held on August 7, 2012, and the City Clerk is hereby directed to give notice of election and notice of registration therefore in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law Regular Meeting Minutes of April 4, 2012 38248 RESOLVED FURTHER, that Tuesday, August 7, 2012, is hereby designated as the date for holding a Special Election on the proposed Charter amendment and question RESOLVED FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit: To maintain, repair, and replace public roads, sidewalks, and certain right-of-way trees in Livonia, shall Chapter VIII, Section 1 of the City Charter be amended to renew the levy and collection annually for ten years commencing December 1, 2012, a tax not exceeding 0 89 of 1 mill? Estimated revenue from 0 89 of 1 mill would be approximately $3,480,000 00 when first levied in 2012. Yes / / No / / RESOLVED FURTHER, that the proposed amendment shall be published in full, together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said Special City Election to be held on August 7, 2012 RESOLVED FURTHER, that the City Clerk be and is hereby ordered and directed to post within the voting booths and in the polling places in which said election is conducted, a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law On a motion by Robinson, seconded by Brosnan, and unanimously adopted, it was #163-12 RESOLVED, that having received a request from Councilmember Thomas Robinson, the Council does refer the subject of a review of the previous ten year roads millage to the Infrastructure and Community Transit Committee for its report and recommendation There was no Audience Communication at the end of the meeting Vice President Pastor wished everyone a Happy Easter Kritzman thanked Council members for their patience and understanding during the course of the meetings as he learns the processes involved with Council proceedings and also extended a Happy Easter wish to all Regular Meeting Minutes of April 4, 2012 38249 On a motion by Pastor, seconded by Brosnan, and unanimously adopted, this 1,702nd Regular Meeting of the Council of the City of Livonia was adjourned at 9 36 p m Terry arecki, City Clerk