HomeMy WebLinkAboutCOUNCIL MINUTES 2011-05-11 37860
MINUTES OF THE ONE THOUSAND SIX HUNDRED EIGHTIETH
REGULAR MEETING OF MAY 11, 2011
On May 11, 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 00 p m Councilmember Toy led the meeting with an invocation
Roll was called with the following result: Laura Toy, Maureen Miller
Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, and James
McCann Absent: None
Elected and appointed officials present: Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Terry Marecki, City Clerk, Mayor Jack Kirksey; former
Councilmember Thomas Robinson, and former Mayor Robert Bennett.
On a motion by Toy, seconded by Schwartz, it was
#120-11 RESOLVED, that the Minutes of the 1,679th Regular
Meeting of the Council held April 20, 2011, are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Schwartz, Meakin, Laura, and McCann
NAYS None
PRESENT Brosnan and Pastor
The President declared the resolution adopted
Mayor Kirksey introduced and recognized the owners of Rosedale
Cleaners, Jack and Bob Karakafian, and indicated they had recently celebrated their
50th Anniversary and presented them with a commendation on behalf of the Council
Mayor Kirksey stated Rosedale Cleaners is a family-owned business that offered
great, friendly service paying great attention to detail and thanked them for their
many years of business in Livonia
Regular Meeting Minutes of May 11, 2011 37861
President McCann wished a Happy 45th Birthday to former
Councilmember Thomas Robinson and also extended Happy Birthday wishes to
Councilmember Brosnan, who celebrated her birthday on May 8th
President McCann announced the Livonia Memorial Day Celebration
will be hosted at the Veterans Park Memorial located at the corner of Five Mile and
Farmington Roads on Saturday, May 28, 2011, at 9 00 a m President McCann
indicated the Livonia Stevenson High School Marching Band will perform and
encouraged all residents to attend this moving event to pay tribute to those who
serve our country both here and overseas
President McCann indicated Agenda Item #26 had been moved to
follow Agenda Item #17
During Audience Communication, George Boller, 36270 Hammer
Lane, addressed Council to express his concern about the traffic lights at Six Mile
and Newburgh Roads Mr Boller stated an improvement should be made to the
new traffic signal system as the left turn light is significantly biased against making
the left turn from North Laurel Park Drive to northbound Newbrugh Road Further,
Mr Boller indicated the light was difficult to see when the sunlight hits the traffic
signal and felt the matter should be looked into to avoid possible traffic hazards at
this intersection
Geoge Donabedian, 14236 Beatrice, addressed Council to express
appreciation for the building improvements and expansion project made at Marycrest
Heights on Middlbelet Road Mr Donabedian indicated the construction progress is
coming along and he believed the project will be the City's new "crown jewel" and
had much to offer for senior citizens of Livonia
A communication from the Department of Finance, dated April 20,
2011, re forwarding various financial statements of the City of Livonia for the month
ending March 31, 2011, was received and placed on file for the information of the
Council
On a motion by Toy, seconded by Pastor, it was
#121-11 RESOLVED, that having considered a communication
from the City Clerk, dated April 13, 2011, forwarding an application
submitted by Hilda D Sievers, 15929 Negaunee, Redford Township,
Michigan 48239, 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 necessary or incidental to the full performance of this resolution
Regular Meeting Minutes of May 11, 2011 37862
#122-11 RESOLVED, that having considered a communication
from Michael and Donna Chapman, dated April 8, 2011, regarding a
request to purchase the City-owned property behind their home
located at 18886 Brentwood, which is land-locked, the Council does
hereby refer this matter to the Administration for its report and
recommendation
#123-11 RESOLVED, that having considered a letter from Mark
Burchell, Founder and Executive Director of The Doorway to Recovery,
dated April 11, 2011, requesting the Council grant a waiver of the
City's noise ordinance to allow live, outdoor music performances at St.
Andrew's Episcopal Church in connection with their annual charity
event scheduled for Saturday, May 14, 2011, from 1 00 p.m to 11 00
p m , the Council does hereby approve this request in the manner and
form herein submitted
#124-11 RESOLVED, that having considered a communication
from the Mayor, dated April 12, 2011, the Council does hereby approve
of and concur in the appointment of Scott Bahr, 14416 Summerside,
Livonia, Michigan 48154, to the City Planning Commission, which term
will expire on June 9, 2014, provided that Mr Bahr takes the Oath of
Office as required in Chapter X, Section 2 of the City Charter, to be
administered by the City Clerk.
#125-11 RESOLVED, that having considered the report and
recommendation of the Information Systems Director, dated April 14,
2011, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
accept the quote submitted by ESRI Inc , 380 New York Street,
Redlands, California 92373, to provide software maintenance for
Livonia's Geographic Information System (GIS) in the amount of
$15,300 00, the same to be expended from funds already budgeted in
Account No 101-915-851-020 for this purpose, FURTHER, the Council
does hereby authorize this purchase without competitive bidding for
the reasons indicated in the aforesaid communication, and such action
is taken in accordance with Section 3 04 140 D 4 of the Livonia Code
of Ordinances, as amended
#126-11 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated April 15, 2011, 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 Halt Fire
Equipment, 50168 Pontiac Trail, Wixom, Michigan 48393, for supplying
the Fire Department with one (1) ambulance in the amount of
$197,366 00, the same having been in fact the lowest bid received and
meets all specifications, FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $197,366 00 from funds
already budgeted in Account No 401-000-985-000 (Capital Projects
Regular Meeting Minutes of May 11, 2011 37863
Fund —Vehicles) for this purpose, FURTHER, the Council does hereby
determine that the 1997 Horton International vehicle shall be
considered surplus property and shall be disposed of at auction upon
receipt of the new ambulance
#127-11 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 thirteen 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
29, 2011, 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
Rosedale Elementary at 2 15 p m on April 29, 2011,
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 May 11, 2011 37864
#128-11 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service -
Environment & Utilities and the Director of Public Works, dated April 1 ,
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 two (2) 2010 Ford Ranger Supercab trucks
for the Public Service Division (Animal Control Officers) from Gorno
Ford, 22025 Allen Road, Trenton, Michigan 48138, in the amount of
$29,703 00 each, for a total price of $59,406 00, to be expended from
funds already budgeted in Account No 205-526-985-000 (Capital
Outlay budget for the Municipal Refuse Fund) for this purpose,
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price (under Contract No
071B1300005), as well as for the additional reasons indicated in the
aforesaid communication, 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
#129-11 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service -
Environment & Utilities and the Director of Public Works, dated April
14, 2011, 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 Cannon Truck Equipment, 51761 Danview Tech ,
Shelby Township, Michigan 48315, for supplying the Public Service
Division with one (1) brine manufacturing machine for the price of
$12,489 00, the same having been in fact the lowest bid received and
meets all specifications, FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $12,489 00 from funds
already budgeted in Account No 203-479-976-000 (Capital Outlay) for
this purpose
#130-11 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service - Operations
and the Director of Public Works, dated April 19, 2011, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby accept the following low bids,
which meet specifications, for supplying the Public Service Division
(Road Maintenance Section) with bituminous materials specified at the
unit prices bid for the period May 1, 2011, through April 30, 2012
1 Nagle Paving Company, 39525 13 Mile Road, Novi, Michigan
48377
M D O T 13A HMA $50 07 per ton
M D 0 T 36A HMA $53 57 per ton
Regular Meeting Minutes of May 11, 2011 37865
2 Cadillac Asphalt, LLC, 51777 West 12 Mile Road, Wixom, Michigan
48393
Cold Patch Asphaltic Material — Pave 192, Delivered $88 00 per ton
3 Saginaw Asphalt Paving Company, 2981 Carrollton Road,
Saginaw, Michigan 48604
Cold Patch Material - Q P R. or U P M , Delivered $86 60 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
bituminous materials specified at the unit prices bid for the period May
1, 2011, through April 30, 2012
1 Ajax Materials Corporation, 830 Kirts Boulevard, Suite 100, Troy,
Michigan 48084
M D O T 13A HMA $55 76 per ton
M D O T 36A HMA $58 76 per ton
Cold Patch Material — Q P R or U P M , Delivered $100 85 per ton
2 Barrett Paving Materials, 13501 Huron River Drive, Romulus,
Michigan 48174
Cold Patch Asphaltic Material — Pave 192, Delivered $89 50 per ton
FURTHER, the Council does hereby authorize the expenditure of
funds already budgeted from Account No 101-463-782-000 for this
purpose
#131-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 13, 2011, approved
by the Director of Public Works and approved for submission by the
Mayor, with regard to a request from the Wayne County Department of
Public Services that the City take jurisdiction and control of the entire
on-site storm sewer collection system as part of the construction of an
office building at 37771 Seven Mile Road, Livonia, Michigan, the
Council does hereby determine as follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans and further, that the City will accept jurisdiction
and maintenance (at no expense to the County) of the storm
sewer within the property located on the south side of Seven
Mile Road, east of Blue Skies Drive, in the Northeast 1/4 of
Regular Meeting Minutes of May 11, 2011 37866
Section 7 (See attached maintenance agreement from the
owner, Leo Soave Building Company, 20592 Chestnut Circle,
Livonia, Michigan 48152, indicating their willingness to
reimburse the City for any such maintenance that may become
necessary),
2 To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection with the
above storm sewer construction, and
3 To authorize the Mayor to execute the maintenance agreement
on behalf of the City
#132-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 13, 2011, approved
by the Director of Public Works and approved for submission by the
Mayor, with regard to a request from the Wayne County Department of
Public Services that the City take jurisdiction and control of the entire
on-site storm sewer collection system due to a change in the final
scope of the project previously authorized pursuant to CR 333-10, as
part of the construction of the Livonia Dermatology Plaza, 14801
Farmington Road, Livonia, Michigan, the Council does hereby
determine as follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans and further, that the City will accept jurisdiction
and maintenance (at no expense to the County) of the storm
sewer within the property located on the west side of
Farmington Road, south of Five Mile Road, in the Northeast 1/4
of Section 21 (See attached maintenance agreement from the
owner, Pegouske/Moossavi Holdings, LLC, 35511 Bristol Drive,
Livonia, Michigan 48154, indicating their willingness to
reimburse the City for any such maintenance that may become
necessary),
2 To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection with the
above storm sewer construction, and
3 To authorize the Mayor to execute the maintenance agreement
on behalf of the City
#133-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 20, 2011, which
transmits its resolution 04-16-2011 adopted on April 19, 2011, with
regard to Petition 2011-03-08-02 submitted by CB Richard Ellis, on
behalf of Comerica Bank, requesting site plan approval in connection
Regular Meeting Minutes of May 11, 2011 37867
with a proposal to renovate the exterior of the bank located on the
Southwest corner of Five Mile Road and Merriman Road (31425 Five
Mile Road), in the Northeast '/4 of Section 22, pursuant to the
provisions set forth in Section 18 58 of Ordinance No 543, as
amended, the Council does hereby concur in the recommendation
made by the Planning Commission and Petition 2011-03-08-02 is
hereby approved and granted, subject to the following conditions
1 That the Plan marked Sheet A001 dated February 16, 2011, as
revised, prepared by Neumann Smith Architecture, is hereby
approved and shall be adhered to,
2 That the Building Elevations Plan marked Sheet A202 dated
February 16, 2011, as revised, prepared by Neumann Smith
Architecture, is hereby approved and shall be adhered to,
3 That the thin brick material shall be 3/ inches thick and installed
in accordance with the manufacturer's written instructions as
specified in the Project Manual dated February 23, 2011,
prepared by Neumann Smith Architecture and shall be installed
to the satisfaction of the Inspection Department,
4 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a
compatible character, material and color to other exterior
materials on the building,
5 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
6 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
7 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
building permits are applied for; and
8 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of one year only from the date of approval by City
Council, and unless a building permit is obtained, this approval
shall be null and void at the expiration of said period
#134-11 RESOLVED, that having considered a communication
from the Department of Law, dated April 13, 2011, approved for
ar• submission by the Mayor, the Council does hereby authorize the
Regular Meeting Minutes of May 11, 2011 37868
Department of Law to resolve the claim of Mr Ronald Chandler for
damages as a result of sewer backups that occurred in the basement
of his home located at 28933 Roycroft, in the amount of $33,293 79,
and the Department of Law is hereby authorized to do all things
necessary or incidental to the full performance of this resolution
#135-11 RESOLVED, that having considered a communication
from the City Clerk, dated April 28, 2011, forwarding an application
submitted by Lee Shaw, 11026 Melrose Street, Livonia, Michigan
48150, 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 necessary or
incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Toy, Brosnan, Schwartz, Pastor, Meakin, Laura, and
McCann
NAYS None
The Audit Presentation distributed by Plante & Moran at the Finance,
Budget and Technology Committee meeting of April 13, 2011, re City of Livonia
Audit Reports for the period December 1, 2009, to November 30, 2010, was
received and placed on file for the information of the Council (CR 367-02)
A communication from the Department of Finance, dated April 6, 2011,
re the Audit Reports for the Fiscal Year ending November 30, 2010, was received
and placed on file for the information of the Council (CR 367-02)
A communication from the Department of Finance, dated April 14,
2011, re providing the Update to Golf Course Deficit Elimination Plan, was received
and placed on file for the information of the Council (CR 367-02)
A communication from the Department of Finance, dated April 20,
2011, re five year summary of Federal Grant expenditures, was received and
placed on file for the information of the Council (CR 367-02)
Regular Meeting Minutes of May 11, 2011 37869
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#136-11 RESOLVED, that having considered a communication
from the Director of Finance, dated April 14, 2011, approved for
submission by the Mayor, to which is attached a proposed Update to
Golf Course Deficit Elimination Plan based upon actual results of the
Golf Course Fund in the fiscal year 2010 audit, the Council does
hereby approve the aforementioned Update to Golf Course Deficit
Elimination Plan, and the Finance Director is hereby requested to do
all things necessary or incidental to the full performance of this
resolution, and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Department of Treasury
On a motion by Pastor, seconded by Schwartz, and unanimously
adopted it was
#137-11 RESOLVED, that having considered the report and
recommendation of the Finance, Budget and Technology Committee,
dated April 13, 2011, submitted pursuant to Council Resolution 367-02
regarding the topic of annual audit reports, the Council does hereby
refer the subject of the replacement of funds, if any, to compensate for
the loss of personal property taxes ($7 8 million) to the Administration
for a report and recommendation
Pastor provided a verbal update re the topic of annual audit reports
and indicated the matter would remain in the Finance, Budget and Technology
Committee at this time (CR 367-02)
The informational packet distributed at the Finance, Budget and
Technology Committee meeting of April 25, 2011, re the matter of placing a Public
Safety Millage on the August 2011 Primary Election, was received and placed on file
for the information of the Council (CR 117-11)
On a motion by Pastor, seconded by Laura, it was
#138-11 RESOLVED, that having considered the report and
recommendation of the Finance, Budget and Technology Committee,
dated April 25, 2011, submitted pursuant to Council Resolution 117-11,
regarding the matter of placing a Public Safety Millage on the August
2011 Primary Election, the Council does hereby refer the subject of
mutual aid contracts to the Administration for a report and
recommendation
Regular Meeting Minutes of May 11, 2011 37870
A roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Brosnan, Pastor, Meakin, Laura, and McCann
NAYS Schwartz.
The President declared the resolution adopted
On a motion by Schwartz, seconded by Toy, the following resolution
was offered
WHEREAS, having sufficient police and fire personnel
and support costs is of concern to citizens, residents and property
owners in the City of Livonia, and
WHEREAS, the Council of the City of Livonia has determined that
there is an immediate and pressing need to properly provide for the
ongoing costs of public safety within the community, and
WHEREAS, the Council of the City of Livonia has determined that in
order to maintain proper standards of police and fire personnel and to
have sufficient revenues for police and fire personnel and support
costs, it is necessary to levy and collect a tax of 1 7 mills annually for a
limited term of five 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
Regular Meeting Minutes of May 11, 2011 37871
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, 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,
Regular Meeting Minutes of May 11, 2011 37872
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
flhar
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
Regular Meeting Minutes of May 11, 2011 37873
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
RESOLVED FURTHER, that the purpose of the proposed amendment
shall be designated on the ballot as follows
City Charter amendment authorizing City to levy and
collect annually for five years commencing December 1,
2011, an additional tax not exceeding 1 7 mills to provide
revenues for police and fire personnel and support costs
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 the foregoing
statement of purpose 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 2, 2011, 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
RESOLVED FURTHER, that Tuesday, August 2, 2011, is hereby
designated as the date for holding a Special Election on the proposed
Charter amendment and question
Regular Meeting Minutes of May 11, 2011 37874
RESOLVED FURTHER, that the proposed amendment shall be
submitted to the electors in the following form, to wit:
To maintain public safety services, shall the Livonia City
Charter be amended for authority to levy and collect
annually for five years commencing December 1, 2011,
an additional tax not exceeding 17 mills providing
revenues for police and fire personnel and support costs?
Estimated revenue from 1 7 mills would be approximately
$7,040,000 when first levied in December 2011 ($116
annually for average household)
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 2, 2011
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
Police Chief Robert Stevenson spoke in favor of the proposed Public Safety Millage
being placed on the ballot at the August 2011 Primary election
Fire Chief Shadd Whitehead spoke in favor of the proposed Public Safety Millage
being placed on the ballot at the August 2011 Primary election
On a motion by Meakin, it was
RESOLVED, that the Council does hereby call the
question and end the debate
The President declared the motion failed for lack of support.
Scott Morgan, President of Livonia Police Officers' Association, spoke in favor of the
proposed Public Safety millage and encouraged Council to put the matter on the
ballot at the August 2011 Primary election
Dave Bostater, President of the Livonia Firefighters' Union, spoke in favor of the
Regular Meeting Minutes of May 11, 2011 37875
proposed Public Safety millage and encouraged Council to put the matter on the
ballot. Mr Bostater concluded by stating the number of firefighters for the City has
decreased from 112 to 76 and felt this was a critical matter that should be decided
by the voters
The following individuals spoke in favor of the proposed Public Safety
Millage being put on the August 2011 Primary election ballot:
Bob Sakuta, President of Delta Research and Delta Gear, Livonia,
Josie Smith, Silver Village resident, Livonia,
Lon Cade, 12420 Swan Farm, Brighton,
Mae Yeomans, Silver Village resident, Livonia,
Craig Nehasil, 9021 Hubbard, Livonia,
Donna Nehasil, 9021 Hubbard, Livonia,
Charlie Kazar, Valentino's Pizza, 31200 Five Mile Road, Livonia,
Steve Crosby, 15092 Yale Street, Livonia, and
Paul Beroff, 15614 Liverpool, Livonia
The following individuals spoke in opposition of the proposed Public
Safety Millage being put on the August 2011 Primary election ballot:
Richard Dutton, 17416 McNamara Drive, Livonia,
Edward Collins, 9658 Wayne Road, Livonia, and
George Boller, 36270 Hammer Lane, Livonia
Christopher Martin, 12275 Inkster Road, addressed Council to state he would like to
see the proposed Public Safety Millage placed on the ballot during the November
General election, which he stated had a higher voter turn out.
Michael Lewinsky, 9331 California, addressed Council to indicate he was upset with
the Administration for not being responsible and showing the City's Budget to the
citizens with all of its shortfalls prior to proposing a Public Safety Millage and felt the
matter should be put on the General election ballot in November where more voters
could decide
At 10 00 p m President McCann relinquished the gavel to Vice President Laura to
speak in favor of placing the proposed Public Safety Millage on the ballot at the
August 2011 Primary election
On a motion by McCann, seconded by Brosnan, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution with a ten year sunset clause in lieu of the
proposed five year sunset clause
A roll call vote was then taken on the motion to substitute with the following result:
AYES Brosnan and McCann
Regular Meeting Minutes of May 11, 2011 37876
NAYS Toy, Schwartz, Pastor, Meakin, and Laura
Vice President Laura declared the motion to substitute failed
At 10 20 p m Vice President Laura relinquished the gavel to Senior Councilmember
Toy to speak in opposition to the proposed Public Safety Millage being placed on the
ballot at the August 2011 Primary election
A roll call vote was then taken on the originally proposed resolution as follows
#139-11 WHEREAS, having sufficient police and fire personnel
and support costs is of concern to citizens, residents and property
owners in the City of Livonia, and
WHEREAS, the Council of the City of Livonia has determined that
there is an immediate and pressing need to properly provide for the
ongoing costs of public safety within the community, and
WHEREAS, the Council of the City of Livonia has determined that in
order to maintain proper standards of police and fire personnel and to
have sufficient revenues for police and fire personnel and support
costs, it is necessary to levy and collect a tax of 1 7 mills annually for a
limited term of five 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
Regular Meeting Minutes of May 11, 2011 37877
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, 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
Regular Meeting Minutes of May 11, 2011 37878
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
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
Regular Meeting Minutes of May 11, 2011 37879
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
RESOLVED FURTHER, that the purpose of the proposed amendment
shall be designated on the ballot as follows
City Charter amendment authorizing City to levy and
collect annually for five years commencing December 1,
2011, an additional tax not exceeding 1 7 mills to provide
revenues for police and fire personnel and support costs
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 the foregoing
statement of purpose 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 2, 2011, 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
RESOLVED FURTHER, that Tuesday, August 2, 2011, 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:
Regular Meeting Minutes of May 11, 2011 37880
To maintain public safety services, shall the Livonia City
Charter be amended for authority to levy and collect
annually for five years commencing December 1, 2011,
an additional tax not exceeding 17 mills providing
revenues for police and fire personnel and support costs?
Estimated revenue from 1 7 mills would be approximately
$7,040,000 when first levied in December 2011 ($116
annually for average household)
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 2, 2011
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
with the following result:
AYES Brosnan, Schwartz, Meakin, McCann, and Toy
NAYS Pastor and Laura
Senior Councilmember Toy declared the resolution adopted
President McCann resumed the gavel at 10 30 p m
A communication from Dorothy Bruce, dated May 10, 2011, re in
opposition to the supplemental millage being placed on the August 2011 Primary
election ballot to address the needs of the Senior Center and Greenmead Historical
Village, was received and placed on file for the information of the Council
On a motion by Toy, seconded by Brosnan, it was
Regular Meeting Minutes of May 11, 2011 37881
#140-11 WHEREAS, maintaining cultural and senior services is of
concern to citizens, residents and property owners in the City of
Livonia, and
WHEREAS, the Council of the City of Livonia has determined that
there is an immediate and pressing need to properly provide for the
ongoing costs of cultural and senior services within the community,
including the Livonia Senior Center and Greenmead Historical Village,
and
WHEREAS, the Council of the City of Livonia has determined that in
order to have sufficient revenues for staff, maintenance, and support
costs for cultural and senior services, including the Livonia Senior
Center and Greenmead Historical Village, it is necessary to levy and
collect a tax of 0 25 mill annually for a limited term of five 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
Regular Meeting Minutes of May 11, 2011 37882
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, 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
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
Regular Meeting Minutes of May 11, 2011 37883
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
itsw 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, 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
Regular Meeting Minutes of May 11, 2011 37884
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
RESOLVED FURTHER, that the purpose of the proposed amendment
shall be designated on the ballot as follows
Charter amendment authorizing tax levy commencing
December 1, 2011, not exceeding 0.25 mill annually for
five years providing revenues for cultural and senior
services, including Senior Center and Greenmead
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 the foregoing
statement of purpose 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 2, 2011, 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
RESOLVED FURTHER, that Tuesday, August 2, 2011, 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 cultural and senior services including the
Livonia Senior Center and Greenmead Historical Village,
shall the Livonia City Charter be amended for authority to
Regular Meeting Minutes of May 11, 2011 37885
levy and collect annually for five years commencing
December 1, 2011, an additional tax not exceeding 0 25
mill providing revenues for staff, maintenance, and
support costs? Estimated revenue from 0 25 mill would
be approximately $1,035,000 when first levied in
December 2011 ($17 annually for average household)
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 2, 2011
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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Brosnan, Schwartz, Meakin, and McCann
NAYS Pastor and Laura
The President declared the resolution adopted
The following individuals spoke in favor of the proposed millage for the
Senior Center and Greenmead Historical Village being put on the August 2011
Primary election ballot:
Josie Smith, Silver Village resident, Livonia,
Carolyn Nims, 18996 Gillman, Livonia,
Cathy Teet, 39384 Lyndon, Livonia, and
Sue Daniel, Chairperson of the Livonia Historical Commission
Schwartz took from the table, for second reading and adoption, the
following Ordinance
Regular Meeting Minutes of May 11, 2011 37886
AN ORDINANCE AMENDING SECTION 060 OF TITLE 5, CHAPTER
33 (GARAGE, YARD, BASEMENT AND RUMMAGE SALES) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Toy, Brosnan, Schwartz, Pastor, Meakin, Laura, and
McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Meakin took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE 2, CHAPTER
32 (UNCLAIMED PERSONAL PROPERTY) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Toy, Brosnan, Schwartz, Pastor, Meakin, Laura, and
McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Toy took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTIONS 050, 060, 070, 110 AND
200 OF TITLE 2, CHAPTER 04 (CITY COUNCIL) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Toy, Brosnan, Schwartz, Pastor, Meakin, Laura, and
McCann
NAYS None
Regular Meeting Minutes of May 11, 2011 37887
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
imp
On a motion by Brosnan, seconded by Meakin, it was
#141-11 RESOLVED, that having considered a communication
from the Director of the Housing Commission, dated April 8, 2011,
which bears the signature of the Director of Finance and the City
Attorney and is approved for submission by the Mayor, submitted
pursuant to Council Resolution 518-08, the Council does hereby
accept the offer of Grigore and Silvia Turcas to purchase City-owned
property located at 9071 Deering, Livonia, Michigan in the Southeast 1/4
of Section 36, further described as
Lot 41, Joy Road Cozy Homesites Subdivision, according
to the Plat thereof as recorded in Liber 69 of Plats, Page
7, Wayne County Records,
for a total purchase price of$6,000 00, the action herein being taken in
order to best serve the interests of the community; FURTHER, the
Council does hereby direct that the sale proceeds be directed to the
Neighborhood Stabilization Program for purposes consistent with the
NSP Grant Agreement; and the Director of the Housing Commission s
hereby requested to execute a quit claim deed and such other
documents as may be necessary or incidental to fulfill the purpose of
this resolution, and the Director of the Housing Commission and the
Department of Law are hereby requested to prepare and place in
proper form such legal documents as may be necessary to
consummate this transaction, and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the purpose of this
resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann
NAYS Laura
The President declared the resolution adopted
On a motion by Toy, seconded by Meakin, it was
#142-11 RESOLVED, THAT WHEREAS, under the provisions of
Title I of the Housing and Community Development Act of 1974, as
amended, the Secretary of Housing and Urban Development is
Regular Meeting Minutes of May 11, 2011 37888
authorized to make grants to units of local government to help finance
community development programs, and
WHEREAS, the primary objective of such Act is the development of
viable urban communities by providing decent housing and suitable
living environment and expanding economic opportunities, principally
for persons of low and moderate income, and
WHEREAS, to obtain its Fiscal Year 2011-2012 entitlement funds
under the Community Development Block Grant Program as
authorized by the Housing Community Development Act of 1974, the
City of Livonia must submit a statement of community development
objectives and project use of funds, satisfactory assurances that the
Program will be conducted and administered in accordance with
appropriate federal and state laws and Department of Housing and
Urban Development regulations, and satisfactory assurances that,
prior to submission of its Final Statement of Community Development
Objectives and Projected Use of Funds, it has (A) provided citizens
with adequate information concerning the amount of funds available for
proposed community development and housing activities, the range of
activities that may be undertaken, the estimated amount of those funds
proposed to be used for activities that will benefit low and moderate
income persons, and other important program requirements, (B) held a
public hearing to obtain the views of citizens on community
development and housing needs, and (C) provided citizens an
adequate opportunity to examine the content of and to submit
comments on the proposed Statement of Community Development
Objectives and Projected Use of Funds
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
Livonia, Michigan, that the Final Statement of Community
Development Objectives and Projected Use of Funds for the Fiscal
Year 2011-2012 Community Development Block Grant Program is
hereby approved and shall be submitted to the Department of Housing
and Urban Development Further, the Director of Housing, Mayor and
City Clerk shall have the authority to execute the sub-recipient
contracts
A roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann
NAYS Laura
The President declared the resolution adopted
Regular Meeting Minutes of May 11, 2011 37889
On a motion by Toy, seconded by Meakin, and unanimously adopted,
it was
#143-11 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
April 18, 2011, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and to which is attached
proposed hold harmless contracts between the City of Livonia and First
Step, Fair Housing Center of Metropolitan Detroit, Jacque Martin-
Downs, MA/MSW, St. John Health System/Eastwood Clinics, John V
Farrar, Ed D, LPC, Hegira Programs, Inc , Madonna University; and
Quality Care Counseling for the period July 1, 2011, through June 30,
2012, in connection with the CDBG-funded victim assistance, fair
housing initiative and mental health counseling programs, the Council
does hereby authorize the Mayor, City Clerk and Housing Director, for
and on behalf of the City of Livonia, to execute the hold harmless
contracts in the manner and form herein submitted, as well as to do all
other things necessary or incidental to the full performance of this
resolution
On a motion by Meakin, seconded by Schwartz, and unanimously
adopted, it was
#144-11 RESOLVED, that having considered a communication
from the Director of the Housing Commission, dated April 21, 2011,
approved for submission by the Mayor, to which is attached a
proposed 2011-16 Community Development Block Grant (CDBG)
Consolidated Plan for the City of Livonia, the Council does hereby
approve the CDBG Consolidated Plan for the five-year period (2011-
2016) and does hereby approve the submission of same to the U S
Department of Housing and Urban Development.
A communication from the Public Service Division, dated May 5, 2011,
re clarification on bid for boiler replacement at the old court building, was received
and placed on file for the information of the Council
On a motion by Brosnan, seconded by Toy, and unanimously adopted,
it was
#145-11 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service - Operations,
the Director of Public Works and the District Court Administrator, dated
April 19, 2011, which bears the signature of the Director of Finance
Regular Meeting Minutes of May 11, 2011 37890
and is approved for submission by the Mayor, the Council does hereby
accept the bid of Denny's Heating, Cooling & Refrigeration Services,
Inc , 3166 Martin Road, Walled Lake, Michigan 48390, for completing
all work in connection with the old court building boiler replacement in
the total amount of $109,900 00, the same having been in fact the
lowest bid received and meets all specifications, FURTHER, the
Council does hereby authorize an additional appropriation and
expenditure in an amount not to exceed $17,584 00 for construction
and abatement contingencies that may be found during the course of
the demolition activities or as a result of State of Michigan Boiler
Inspector requirements, FURTHER, the Council does hereby
appropriate and authorize an expenditure in an amount not to exceed
$127,484 00 from funds budgeted in Account No 470 (Court Building
Fund) for this purpose, FURTHER, the Director of Public Works is
hereby authorized to approve any minor adjustments in the work as it
becomes necessary
A communication from Al Zack, Rock, Inc of Michigan, received on
May 5, 2011, re outdoor car storage lot for property located at 36534 Plymouth
Road, was received and placed on file for the information of the Council (Petition
2011-03-02-03)
On a motion byBrosnan, seconded byMeakin, and unanimously
adopted, it was
#146-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 20, 2011, which
transmits its resolution 04-14-2011, adopted on April 19, 2011, with
regard to Petition 2011-03-02-03, submitted by Dick Scott Classic
Motorcycles requesting waiver use approval for the outdoor storage
and display of vehicles and motorcycles on property located on the
north side of Plymouth Road between Levan Road and Newburgh
Road (36534 Plymouth Road), in the Southwest 1/4 of Section 29,
which property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2011-03-02-03 is hereby approved and granted, subject to the
following conditions
1 That the Plan dated April 1, 2011, prepared by R G Myers &
Associates, is hereby approved and shall be adhered to,
2 That the outside display shall be limited to motorcycles only,
and that the display of any automobiles either within the parking
lot or front yard of the subject property shall first require the
Regular Meeting Minutes of May 11, 2011 37891
submittal of a revised site plan and review and approval of the
Planning Commission,
3 That the number of motorcycles to be displayed outdoors shall
be limited to fourteen (14) within the areas shown on the site
plan, and that no motorcycles for sale shall be displayed closer
than twenty feet (20') from the front lot line,
4 That there shall be no outdoor storage of parts, equipment,
scrap material, waste petroleum products or other similar items
in connection with the service repair facility, and the overhead
doors, when not in use for vehicles entering or exiting the
service facility, shall be closed at all times,
5 That all regular customer and employee parking spaces shall be
double striped, including the provision of barrier free parking
with proper signage, marking and configuration, and all regular
parking spaces shall be 10 feet by 20 feet in size as required,
6 That the Petitioner shall work with staff and the Plymouth Road
Development Authority (PRDA) on plans to install additional
landscaping and other streetscape improvements (i e , brick
piers and fencing) along Plymouth Road,
7 That all existing landscaped areas shall be cleaned up, re-
managed and permanently maintained in a healthy condition,
8 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
9 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows,
10 That there shall be no outdoor loud speakers,
11 That the outdoor storage of vehicles shall be limited to the rear
yard storage area as shown on the above referenced Plan and
shall be maintained in an orderly manner;
12 That the storage yard shall be hard surfaced with crushed rock
or gravel prior to the issuance of the Certificate of Occupancy by
the Inspection Department and shall be maintained in a dust-
proof condition, and said storage area shall be properly graded
and drained to dispose of all surface water in a manner as
approved by the Engineering Division, provided, further, that the
storage yard shall be improved with a minimum of six (6) inches
Regular Meeting Minutes of May 11, 2011 37892
of concrete or plant-mixed asphalt or a paving improvement of
equivalent design as approved by the Engineering Division
within two (2) years from the date that the Certificate of
Occupancy is issued by the Inspection Department;
13 That the entire area utilized for vehicle storage shall be
enclosed by a fence of a type approved by the Inspection
Department;
14 That any lighting equipment added to the site shall be directed
and shielded/hooded so as to minimize glare trespassing on
adjacent properties and roadways, and that the height of such
equipment shall be limited to 20 feet;
15 That the existing asphalt parking areas shall be repaired,
resealed and restriped to the satisfaction of the Inspection
Department,
16 That only minor repairs and maintenance work on vehicles be
conducted at this site, and that repair work shall not include
collision repair;
17 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
building permits are applied for; and
18 That the petitioner shall enter into a Conditional Agreement
limiting this waiver use to this user only, with the provision to
extend this waiver use to a new user only upon approval of the
new user by the City Council
A Letter of Understanding, dated April 7, 2011, re Dance-
Entertainment Permit to be held in conjunction with a 2010 Class C license for Fonte
Business Acquisition, LLC, for the business located at 32030 Plymouth Road, was
received and placed on file for the information of the Council
A communication from the Department of Law, dated April 15, 2011,
re Liquor Control Commission violation history for Fonte Business Acquisition, LLC,
for the business located at 32030 Plymouth Road, was received and placed on file
for the information of the Council
Regular Meeting Minutes of May 11, 2011 37893
A communication from the Wayne County Treasurer, dated April 20,
2011, re Delinquent Tax Statement for the real property located at 32030 Plymouth
Road for tax years 2009 and 2010, was received and placed on file for the
information of the Council
A communication from Councilmember Maureen Miller Brosnan, dated
April 20, 2011, re questions concerning the request for a Dance-Entertainment
Permit to be held in conjunction with a 2010 Class C license for business located at
32030 Plymouth Road, was received and placed on file for the information of the
Council
On a motion by Brosnan, seconded by Toy, and unanimously adopted
it was
#147-11 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated June 22, 2010, and the
report and recommendation of the Chief of Police, dated March 22,
2011, approved for submission by the Mayor, the Council does hereby
refer the request from Fonte Business Acquisition, LLC for a Dance-
Entertainment Permit to be held in conjunction with a 2010 Class C
licensed business with Official Permit (Food) for a business located at
32030 Plymouth Road, Livonia, Michigan 48150, Wayne County, the
Council does hereby refer the matter to the Committee of the Whole for
its report and recommendation
John D'Angelis, representative on behalf of Fonte Business Acquisition, LLC,
addressed Council to inform them all delinquent real property taxes for the business
located at 32030 Plymouth Road have been paid to date and was present to answer
any questions of Council
Two separate communications from Councilmember John R. Pastor,
dated April 14, 2011, and April 15, 2011, re award of contract for the 2011 Sidewalk
Replacement Program — Contract 11-G, were received and placed on file for the
information of the Council (CR 31-11)
On a motion by Pastor, seconded by Meakin, it was
Regular Meeting Minutes of May 11, 2011 37894
#148-11 RESOLVED, that having considered a communication
from the City Engineer, dated April 1, 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, the Council does hereby
accept the unit price bid of Joe Rotondo Construction, 38807 Ann
Arbor Road, Suite 2, Livonia, Michigan 48150, for completing all work
required in connection with the 2011 Sidewalk Replacement Program
(Contract 11-G) at the unit prices bid for a total amount not to exceed
$629,692 03, based upon the Engineering Division's estimate of units
involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein,
FURTHER, the Council hereby acknowledges that Joe Rotondo
Construction is a company located in Livonia, FURTHER, the Council
has determined to accept the bid of Joe Rotondo Construction in lieu of
the low bid because there is a small disparity between the low bid and
the bid submitted by Joe Rotondo Construction and in that Joe
Rotondo Construction is a local company; FURTHER, the Council
does hereby authorize an advance in the amount of $245,370 66
(single lot assessment portion of the program) from the Road,
Sidewalk and Tree Fund with the provision that this fund be
reimbursed from that portion of the project which is to be financed by
special assessment at such time as funds are subsequently received
from the payment of bills and assessments by affected property
owners, FURTHER, the Council does hereby authorize an expenditure
in the amount of $20,923 08 from the Unexpended Fund Balance of
the Major Road Account and $77,483 26 from the Unexpended Fund
Balance of the Local Road Account of the Michigan Transportation
Fund to cover the costs related to the construction or reconstruction of
handicap ramps at major and local roads, FURTHER, the Council does
hereby authorize an expenditure in the amount of $27,537 40 from the
Unexpended Fund Balance of the Water and Sewer Fund for sidewalk
work adjacent to and including water, storm and sanitary structure
repairs, FURTHER, the Council does hereby authorize an expenditure
in the amount of $321,346 83 from funds already budgeted for this
purpose from the Road, Sidewalk and Tree Fund (Account No 204-
441-818-104 — Contractual Service Sidewalk) for repair of sidewalks
heaved by tree roots, and the City Engineer is hereby authorized to
approve minor adjustments in the work as it becomes necessary; and
the Mayor and City Clerk are hereby authorized to execute a contract
for and on behalf of the City of Livonia with the aforesaid bidder and to
do all other things necessary or incidental to the full performance of
this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Brosnan, Pastor, Meakin, Laura, and McCann
NAYS Schwartz.
Regular Meeting Minutes of May 11, 2011 37895
The President declared the resolution adopted
On a motion by Meakin, seconded by Toy, it was
#149-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 2, 2011, which sets
forth its resolution 03-08-2011 adopted on March 1, 2011, with regard
to Petition 2011-01-01-01, submitted by Robert Semaan for a change
of zoning of property located on the north side of Plymouth Road,
between Wayne Road and Stark Road (34800 Plymouth Road), in the
Southwest 1/4 of Section 28 from C-1 to C-2 (Local Business to General
Business), and the Council having conducted a public hearing with
regard to this matter on Monday, April 18, 2011, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 2011-01-01-01 is hereby denied for the
following reasons
1 That this general area in the vicinity of the Plymouth Road and
Wayne Road intersection contains sufficient commercially
zoned lands to adequately provide for this type of use,
2 That the proposed change of zoning is not needed to utilize the
subject property;
3 That the proposed change of zoning would provide for more
general commercial use of the subject property in an otherwise
primarily local commercial area,
4 That the petitioner has failed to adequately demonstrate a need
for this type of use in this area,
5 That the proposed change of zoning would be incompatible to
and not in harmony with the residential uses in the area,
6 That the proposed change of zoning would adversely affect the
well-being of the nearby residential neighborhood, and
7 That maintaining the zoning boundaries as they currently exist
in this area would serve the best interests of the community at
large
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Schwartz, Pastor, Meakin, Laura, and McCann
NAYS Toy
The President declared the resolution adopted
Regular Meeting Minutes of May 11, 2011 37896
Toy stepped down from the podium at 11 00 p m to avoid a perceived conflict of
interest.
Two communications from Lionel E LaMay, President of Riverside
Arena, Inc , dated April 21, 2011, and May 9, 2011, re proposed Special
Assessment District for the operation of the irrigation system along portions of
Plymouth Road formerly paid for utilizing PRDA funds, was received and placed on
file for the information of the Council (CR 32-11 and CR 79-11)
On a motion by Meakin, seconded by Schwartz, and unanimously
adopted, it was
#150-11 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated March 7, 2011, on all matters required by
Section 3 08 060 of the Livonia Code of Ordinances, as amended, and
a first public hearing having been field thereon on Monday, April 18,
2011, after due notice as required by Section 3 08 070 of said Code,
and after careful consideration having been given to all such matters,
the Council does hereby, pursuant to Section 3 08 080 of said Code
(1) accept and approve said statement in all respects,
(2) determine necessity for the operation of an irrigation system
along portions of Plymouth Road formerly paid for utilizing
PRDA funds, located between Inkster Road and 36655
Plymouth Road, City of Livonia, Wayne County, Michigan, as
described in said statement; and to defray the cost of such
irrigation system by special assessment upon the properties
especially benefited in proportion to the benefits derived or to be
derived,
(3) approve the plans and specifications for said improvement as
set forth in said statement dated March 7, 2011,
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited,
(5) determine that the assessment made for such improvement
shall be paid in annual installments, according to said
statement;
Regular Meeting Minutes of May 11, 2011 37897
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
Parts of Sections 25 through Section 30, also Sections 32
through Section 36, T 1 S , R 9E , City of Livonia, Wayne
County, Michigan
A parcel of land described as commencing at the S E 1/4
corner of Section 25, proceeding thence North, 250 feet
along the centerline of Inkster Road, thence West within
the Schanhite's Marquette Manor Subdivision (L. 61, P 63,
W C R ) to the S E corner of Lot 200 and North to the N E.
corner of Lot 199 and West to the N W corner of Lot 199
and South to the S W corner of Lot 199 and West to N E.
1/4 of Lot 201 and West to N W corner of Lot 20 and South
to S W corner of Lot 201 and West to S E corner of Lot
380 and North to N E corner of Lot 382 and West to the
N W corner of Lot 382 and South to S W corner of Lot
380 and West to S W corner of Lot 475, all of said lots
being located within said Schanhite's Marquette Manor
Subdivision, thence West to the centerline of Deering
Avenue, thence North along said centerline to centerline of
the Chesapeake and Ohio Railroad right-of-way; thence
West to a point 1,320 feet West of the centerline of
Farmington Road, thence South, 2,250 feet; thence West,
130 feet; thence North, 300 feet; thence West along the
Newman Wadsworth Farms Subdivision (L. 71, P 56,
W C R ) 640 feet; thence South, 270 feet; thence West,
240 feet to the East line of Walter Dann Subdivision (L. 67,
P 79, W C R ), thence south, 100 feet; thence West to the
centerline of Stark Road, thence North along said
centerline to the centerline extension of Boston Post Road,
thence westerly along the centerline of Boston Post Road
to the centerline extension of Priscilla Lane, thence
southerly along the centerline of Priscilla Lane 250 feet;
thence West along the south lot lines of Lots 2 to 11, both
inclusive Alden Village Subdivision (L 66, P 78, W C R ),
thence North along the west lot lines of Lots 12, 31 and 32
of said Alden Village Subdivision, thence West, 250 feet to
a point on the East subdivision line of Belden Industrial
Park, (L. 101, P 99-100, W C R.), thence North along said
East subdivision line to a point on the centerline of the
Chesapeake and Ohio Railroad, thence westerly along
said centerline to the west section line of Section 30, also
known as the centerline of Eckles Road, thence South
along the centerline of Eckles Road, as extended to a point
600 feet south of the centerline of Plymouth Road, thence
Regular Meeting Minutes of May 11, 2011 37898
southeasterly 300 feet; thence northerly 300 feet; thence
East, 170 feet; thence North to the centerline of Plymouth
Road, thence southeasterly along the centerline of
Plymouth Road to the centerline extension of Alois
Avenue, thence South along said Alois Avenue 150 feet;
thence easterly to the S W corner of Lot 53 and extending
easterly along a vacated alley to the S E. corner of Lot 1,
said lots being a part of Chaney and Bakewell's Plymouth
Park, (L. 55, P 77, W C R ), thence North along the west
subdivision lines of Hunter's Pointe Subdivision (L. 107, P
24-27, W C R ) and Newburgh Estates Subdivision (L.68,
P 45, W C R ) to the centerline of Amrhein Road, thence
East to the centerline of Newburgh Road, thence South,
1220 feet to the north lot line as extended of Lot 18,
Woodlands Village Subdivision (L. 69, P 3, W C R.),
thence East to the N E corner of said Lot 18, and southerly
along the East subdivision line of said Woodlands Village
Subdivision, to the S E corner of Lot 27 of said
subdivision, thence West to the centerline of Newburgh
Road, thence South to the centerline of Plymouth Road,
thence westerly along the centerline of Plymouth Road 950
feet; thence South along the west lot line of Lot 547,
Supervisor's Livonia Plat No 9 (L. 66, P 60, W C R ) to the
south section line of Section 30, thence East along said
section line and the centerline of Edward N Hines Drive to
the centerline of Ann Arbor Road, thence northerly along
the centerline of Ann Arbor Road 150 feet; thence easterly
along the North property line of Edward Hines Parkway to
the S E corner of Lot 25 Shaffmaster's Parkside Estates
Subdivision (L 68, P 90, W C R.), thence northerly along
the East lot line of said lot 25 to the centerline of Parkdale
Avenue, thence easterly along said centerline to the East
lot line, as extended, of Lot 13, Shaffmaster's Plymouth
Riverside Estates Subdivision (L. 66, P 69, W C R ),
thence North along the East lot line of said Lot 13, 20 feet;
thence East to the West lot line of Lot 18 of said
Shaffmaster's Plymouth Riverside Estates Subdivision,
thence North to the N W corner of said Lot 18, thence East
along the south lot lines of Lots 1 to 5, both inclusive, of
said subdivision to the centerline of Levan Road, thence
continuing East along the North lot line of Lot 1, Levan
Court Subdivision (L 104, P 26, 27, W C R ) to the N E
corner of said Lot 1, thence South to the S E corner of Lot
3 of said subdivision, thence East, 1157 feet along the
North line of Elmira Avenue as extended to the west
subdivision line of the Kenwood Park Subdivision (L 91, P
i 75, 76, W C R ), thence North along said west subdivision
line to the north subdivision line of said Kenwood Park
Regular Meeting Minutes of May 11, 2011 37899
subdivision, thence East along the north subdivision lines
of said Kenwood Park Subdivision, Yale Homes
Subdivision (L 84, P 7, 8, W C R ) and Country Homes
Subdivision No 1 (L. 76, P 70, 71, W C R ) to the
centerline of Wayne Road, thence South, 50 feet; thence
East along the North lot lines of Lots 12 and 75,
Supervisor's Livonia Plat No 1 (L. 65, P 52, W C R ) to the
centerline of Stark Road, thence easterly on three (3)
headings along the north subdivision line of Wellington
Woods Subdivision (L. 99, P 27 and 28, W C R ) to the
N E corner of Lot 27 of said subdivision, thence North, 110
feet; thence East, 220 feet; thence South, 240 feet; thence
East, 190 feet, thence North, 240 feet; thence East, 320
feet; thence North, 150 feet; thence East, 80 feet; thence
North, 150 feet; thence East, 80 feet; thence South, 300
feet; thence East to the centerline of Farmington Road,
thence South, 50 feet; thence West, 280 feet; thence
South, 400 feet; thence East, to the centerline of
Farmington Road, thence South, 350 feet; thence East
along the north subdivision line of Rosedale Gardens
No 11 (L. 74, P 67, W C R ) to the centerline of Woodring
Avenue, thence North to the centerline of Plymouth Road,
thence East to the centerline of Hubbard Road, thence
South, 180 feet to the south line of a 20 foot wide alley,
Rosedale Gardens No 1 Subdivision (L 56, P 59, W C R ),
thence East along said south line to the centerline of
Merriman Road, thence South to a point 415 feet south of
the centerline of Plymouth Road, thence East, 800 feet;
thence North, 100 feet, thence East 250 feet to the
centerline of Hubbell Avenue, thence South, 100 feet;
thence East, 250 feet; thence South to N W corner of Lot
42, Devonshire Park Subdivision (L 76, P 59, 60, W C R ),
thence East to the N E corner of Lot 27 and South to the
N W corner of Lot 1 of said Devonshire Park Subdivision,
thence East along the north subdivision line of the Bel-Aire
Gardens Subdivision (L 75, P 48, W C R ) to a point 183
feet west of the centerline of Middlebelt Road, thence
South, 146 feet to the centerline of Orangelawn Avenue,
thence East, 183 feet to the centerline of Middlebelt Road,
thence South along said centerline, 80 feet; thence East,
280 feet; thence North, 230 feet to the centerline of
Orangelawn Avenue, thence West, 280 feet to the
centerline of Middlebelt Road, thence North along said
centerline to West extension of the centerline of Elmira
Avenue, thence East along the centerline of Elmira Avenue
to the west lot line of Lot 1, as extended, of the Greenette
Subdivision (L 74, P 65, 66, W C R ), thence North along
said west lot line to the north line of said Greenette
Regular Meeting Minutes of May 11, 2011 37900
Subdivision, thence East along the North subdivision line of
said Greenette Subdivision, as platted, to the N E corner
of Lot 16 of said subdivision, thence South to the N W
corner of Lot 121, Thomas Elliot Subdivision (L. 72, P 19,
W C R.), thence East along the North subdivision line of
said subdivision to the centerline of Deering Avenue,
thence North, 150 feet; thence easterly along the centerline
of a twenty (20) foot wide alley lying south of and adjacent
to Lots 924 to 949, both inclusive, New Detroit Subdivision
No 1, (L. 62, P 85, W C R ) to the centerline of Cavell
Avenue, thence continuing easterly along the centerline of
a twenty (20) foot wide alley lying south of and adjacent to
Lots 1 to 13, both inclusive, and also Lots 135 to 146, both
inclusive, New Detroit Subdivision (L 61, P 85, W C R ) to
the centerline of Inkster Road, thence North, 100 feet to
the S E 1/4 corner of Section 25 and the Point of Beginning,
EXCEPT the following parcel of land That part of the S W
'/4 of Section 25 described as beginning at a point distant
East along the centerline of the Chesapeake and Ohio
Railroad right-of-way 1970 feet and South along the
centerline of Hartel Avenue, as extended, 650 feet from the
West '/4 corner of said Section 25, proceeding thence
West, 220 feet, thence North, 360 feet; thence West, 440
feet; thence South, 1030 feet; thence West, 660 feet;
thence South, 960 feet; thence East, 440 feet; thence
North, 540 feet; thence northeasterly 240 feet; thence
South, 610 feet; thence East, 660 feet to the centerline of
Hartel Avenue, thence North along said centerline, 1,640
feet to the point of beginning, ALSO EXCEPT parcels on
the north side of Plymouth Road, west of Market Street in
Sections 29 and 30, parcels on the south side of Plymouth
Road, west of 36655 Plymouth Road in Sections 32 and
30
(7) direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statements
as prepared by the City Engineer dated March 7, 2011,
(8) as set forth in the correspondence from Lionel E LaMay,
President of Riverside Arena, which is dated May 9, 2011, and
attached hereto, the owners of 36635 Plymouth Road concur in
the City's determination that the project, by assisting in the
beautification of the immediate vicinity of 36635 Plymouth Road
will enhance the value of 36635 Plymouth Road, as compared
with the value of 36635 Plymouth Road without the project, by
an amount sufficient to support an assessment against the
property of an estimated amount of $0 52 per front foot,
notwithstanding that the owners of 36635 Plymouth Road own
Regular Meeting Minutes of May 11, 2011 37901
and operate their own irrigation system on 36635 Plymouth
Road and are therefore not directly served by the project. The
Council finds that the value of properties directly served by the
project will be enhanced, as compared with their values without
the project, sufficiently to support an assessment of an
estimated amount of $2 60 per front foot; and
(9) that upon completion of said roll, the City Assessor shall attach
thereto the certificate required by the provisions of Section
3 08 100 of the Livonia Code of Ordinances, as amended, and
file the same with the City Clerk, who thereupon is directed to
present the same to the City Council prior to the holding of the
second public hearing thereon pursuant to Title 3, Chapter 8 of
the Livonia Code of Ordinances
Toy returned to the podium at 11 02 p m
On a motion by Toy, seconded by Meakin, and unanimously adopted,
it was
#151-11 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Linear Mold &
Engineering, Inc , dated March 10, 2011, covering new industrial
facilities to be located within City of Livonia Industrial Development
Overlay District No 111, 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 Linear Mold & Engineering,
Inc., the Assessor, and a representative of each of the affected taxing
units an opportunity for a hearing on this Application and said hearing
having in fact been conducted at 7 00 p m , Wednesday, April 20,
2011, at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received
from the applicant, Linear Mold & Engineering, 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
Regular Meeting Minutes of May 11, 2011 37902
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 the Application for
Industrial Facilities Exemption Certificate from Linear Mold &
Engineering, Inc , covering new equipment for their facility
located within the City of Livonia Industrial Development
Overlay District No 111, for 6 years
3 That in accordance with the requirements of Section 22, Act
198, P.A. 1974, as amended, wherein a Letter of Agreement
between the applicant and the City is required in order to clarify
the understanding and the commitment between the applicant
and the City Council upon approval of an Industrial Facilities
Exemption Certificate, the Council hereby authorizes the Mayor
and City Clerk to sign such Letter of Agreement as duly
executed by the applicant incorporate such Letter of Agreement
as part of the documentation required to process applications
for Industrial Facilities Exemption Certificates
George Donabedian, 14236 Beatrice, addressed Council to speak in favor of the
proposed Industrial Facilities Exemption Certificate as submitted by Linear Mold &
Engineering, Inc and indicated he had recently visited the business and felt it would
be beneficial to both the business and the City
There was no Audience Communication at the end of the meeting
On a motion by Toy, seconded by Meakin, and unanimously adopted,
this 1,680th Regular Meeting of the Council of the City of Livonia was adjourned at
1105pm
Terry Aarecki, City Clerk