HomeMy WebLinkAboutCOUNCIL MINUTES 2011-08-24 37974
MINUTES OF THE ONE THOUSAND SIX HUNDRED EIGHTY SEVENTH
REGULAR MEETING OF AUGUST 24, 2011
On August 24, 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 Vice President Laura led the meeting with the
Pledge of Allegiance
Roll was called with the following result: Joe Laura, Laura Toy, Conrad
Schwartz, John Pastor, Brian Meakin, and James McCann Absent. Maureen Miller
Brosnan
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, Jim Inglis, Housing Director;
Thomas Robinson, former Councilmember; and Mayor Jack Kirksey
On a motion by Pastor, seconded by Meakin, it was
#251-11 RESOLVED, that the Minutes of the 1,686th Regular
Meeting of the Council held August 8, 2011, are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Schwartz, Pastor, Meakin, and McCann
NAYS None
PRESENT Laura
Meakin wished a Happy Birthday to his daughter, Kellianne, who he
indicated turned 15 years old today and stated she was away at Band Camp for
Churchill High School Meakin also extended Happy Birthday wishes to City Clerk,
Terry Marecki
Pastor wished a Happy Birthday to State Representative John Walsh,
who he indicated turned 49 years old last week.
Regular Meeting Minutes of August 24, 2011 37975
Toy announced former Wayne County Commissioner Mary Dumas
passed away earlier in the week and her family will host a Memorial Service on
Saturday, August 27th at the Harris Funeral Home on Farmington Road Toy stated
Ms Dumas was a Wayne County Commissioner for many years where she started
the "Scared Straight" Program for the County and indicated she would be sadly
missed by all Toy requested a moment of silence to honor the passing of Ms
Dumas
During Audience Communication, Scott Morgan, President of the
Livonia Police Officers Association, addressed Council to invite community members
and residents to join them in a fundraiser for the Police Honor Guard Officer
Morgan stated the Association would be hosting a golf outing on Thursday,
September 8, 2011, starting at 8 30 a m at Fox Creek and would include breakfast,
lunch and dinner together with a round of golf Officer Morgan indicated donations
raised will go to local charitable organizations and help send the Honor Guard team
to Washington, D C , to honor fallen officers Officer Morgan indicated the fee for
the event is $100 00 and provided the website of www.livoniapoa.com and the
telephone number of (734) 466-2363 for residents who are interested in the event to
obtain further information
Christopher Martin, 12275 Inkster Road, addressed Council to thank all
of the residents who voted for him in the August Primary Election and encouraged all
remaining Council candidates to attend Council meetings and get involved
A communication from the Department of Law, dated August 5, 2011,
re Linda Lott and Robert Lott v City of Livonia, Wayne County Circuit Court Case
No 10-013917-CZ, was received and placed on file for the information of the
Council
On a motion by Pastor, seconded by Schwartz, it was
#252-11 RESOLVED, that having considered an application from
Karen L. Werden, 19651 Flamingo, dated July 11, 2011, requesting
permission to close Flamingo Boulevard between St. Martins and
Bretton on Saturday, September 10, 2011, from 2 00 p m to 10 00
p m for the purpose of conducting a block party, the Council does
hereby grant permission as requested, including therein permission to
conduct the said affair on Sunday, September 11, 2011, in the event of
inclement weather the action taken herein being made subject to the
approval of the Police Department.
#253-11 RESOLVED, that having considered an application from
Christine Flannigan and Karen Bradford, 35427 Oakdale and 35401
Oakdale, dated July 15, 2011, requesting permission to close Oakdale
between Wayne Road and Ronnie on Saturday, August 27, 2011, from
Regular Meeting Minutes of August 24, 2011 37976
3 00 p m to 10 00 p m for the purpose of conducting a block party, the
Council does hereby grant permission as requested, the action taken
herein being made subject to the approval of the Police Department.
#254-11 RESOLVED, that having considered an application from
Dawn Nowicki, 30905 Orangelawn, dated July 18, 2011, requesting
permission to close Orangelawn, between Dalhay and Sunset on
Saturday, August 27, 2011, from 12 00 p m to 10.00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made subject
to the approval of the Police Department.
#255-11 RESOLVED, that having considered an application from
Denise Justice, 32449 Washington, dated July 29, 2011, requesting
permission to close Washington between Hubbard and Indiana on
Saturday, September 10, 2011, from 12 00 p m to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the
said affair on Saturday, September 24, 2011, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#256-11 RESOLVED, that having considered an application from
Caren Shatter, 15642 Sussex, dated August 8, 2011, requesting
permission to close Sussex between Sherwood and Fitzgerald on
Saturday, September 10, 2011, from 1 00 p m to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the
said affair on Sunday, September 11, 2011, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#257-11 RESOLVED, that having considered a letter from Kevin
Murphy, Athletic Director, Clarenceville High School, dated August 1,
2011, the Council does hereby approve and recognize the
Clarenceville High School Homecoming Parade to be held on Friday,
September 30, 2011, beginning at 5 30 p m , FURTHER, the Council
does hereby approve the parade route as follows
Exit the west driveway of Botsford Elementary and travel
north on Brentwood to Pembroke, west on Pembroke to
Weyher,-south on Weyher to St. Martins, west on St.
Martins to Parkville, north on Parkville to Bretton, west on
Bretton to Middlebelt, and north on Middlebelt to the
Clarenceville Middle School parking lot;
FURTHER, the Council does hereby request that the Wayne County
Department of Public Services allow the City of Livonia to close the
Regular Meeting Minutes of August 24, 2011 37977
necessary roads between the hours of 5 00 p m and 8 00 p m or until
the roads are returned to normal traffic operation, that the City of
Livonia will assume liability for any damage claims which may arise as
a result of the road closure, as to Wayne County only; and that Police
Officer Keith Schoen is hereby designated and authorized to sign the
road closure permit on behalf of the City of Livonia
#258-11 RESOLVED, that having considered a letter from Dorothy
Roberts, Philanthropy and Fundraising Event Manager, Marycrest
Manor, dated July 29, 2011, the Council does hereby take this means
to indicate that Marycrest Manor is recognized as a non-profit
organization operating in the community, and the action herein being
taken for the purpose of affording Marycrest Manor an opportunity to
obtain a charitable gaming license or registration from the State of
Michigan in accordance with provisions of State statute
#259-11 RESOLVED, that having considered a letter from Patricia
A. Fritsch, Blue Cross Blue Shield of Michigan, dated July 18, 2011,
which requests permission to waive Section 8 32 070 (Noise Control)
of the Livonia Code of Ordinances, as amended, to allow a low volume
sound system to be used at Rotary Park Pavilion 1 and 2 from
approximately 8 00 a m until 2 00 p m in connection with their
Divisional Team Building Annual Meeting for Blue Cross Blue Shield of
Michigan scheduled for Friday, September 16, 2011, the Council does
hereby determine to waive Section 8 32 070 (Noise Control) of the
Livonia Code of Ordinances between the hours of 8 00 a m and 2 00
p m in connection with this event to be held on Friday, September 16,
2011
#260-11 RESOLVED, that having considered a letter from Enrico
E Soave, Esq , dated August 8, 2011, which requests permission to
waive Section 8 32 070 (Noise Control) of the Livonia Code of
Ordinances, as amended, to allow a private outdoor tent event at Doc's
Sports Retreat, LLC, located at 19265 Victor Parkway, scheduled for
Friday, September 30, 2011, the Council does hereby determine to
waive Section 8 32 070 (Noise Control) of the Livonia Code of
Ordinances between the hours of 3 00 p m and 11 30 p m in
connection with this event scheduled for Friday, September 30, 2011
#261-11 RESOLVED, that having considered a communication
from the City Clerk, dated August 2, 2011, forwarding an application
-submittethby__Fawne Peterson- 11338 Hemingway, RedfoTd, 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 August 24, 2011 37978
#262-11 RESOLVED, that having considered a communication
from the City Clerk, dated August 2, 2011, forwarding an application
submitted by Chad A. D'Aigle, 21040 Woodland Glen Drive, #103,
Northville, Michigan 48167, for a massage apprentice permit and in
accordance with Chapter 5 49 of the Livonia Code of Ordinances, as
amended, the Council does hereby approve this request in the manner
and form herein submitted, and the City Clerk is hereby requested to
do all things necessary or incidental to the full performance of this
resolution
#263-11 RESOLVED, that having considered a letter from Rino
Soave, Infinity Construction Services, LLC, dated July 15, 2011,
requesting a waiver of the sidewalk requirement in front of 20015
Hubbard, and having further considered the report and
recommendation of the City Engineer, dated July 22, 2011, approved
for submission by the Mayor, the Council does hereby approve this
request inasmuch as omitting the sidewalk on the subject property
would have no detrimental effect upon the neighboring properties at
this time due to the lack of any other public sidewalks existing within
the neighboring area, FURTHER, the Council does hereby reserve the
right to require sidewalks at this location in the event that additional
sidewalks are installed in this area at some future date
#264-11 RESOLVED, that having considered a letter from Rino
Soave, Infinity Construction Services, LLC, dated July 15, 2011,
requesting a waiver of the sidewalk requirement in front of 18240
Laurel, and having further considered the report and recommendation
of the City Engineer, dated July 22, 2011, approved for submission by
the Mayor, the Council does hereby approve this request inasmuch as
omitting the sidewalk on the subject property would have no
detrimental effect upon the neighboring properties at this time due to
the lack of any other public sidewalks existing within the neighboring
area, FURTHER, the Council does hereby reserve the right to require
sidewalks at this location in the event that additional sidewalks are
installed in this area at some future date
#265-11 RESOLVED, that having considered a letter from Rino
Soave, Infinity Construction Services, LLC, dated July 15, 2011,
requesting a waiver of the sidewalk requirement in front of 18250
Laurel, and having further considered the report and recommendation
of the City Engineer, dated July 22, 2011, approved for submission by
the Mayor, the Council does-hereby approve this request inasmuch as
omitting the sidewalk on the subject property would have no
detrimental effect upon the neighboring properties at this time due to
the lack of any other public sidewalks existing within the neighboring
area, FURTHER, the Council does hereby reserve the right to require
sidewalks at this location in the event that additional sidewalks are
installed in this area at some future date
Regular Meeting Minutes of August 24, 2011 37979
A communication from the Office of the Mayor, dated August 2, 2011,
re Administrative Response to CR 112-11 — subject of developing a policy on
recognition signs, was received and placed on file for the information of the Council
(CR 57-11)
#266-11 RESOLVED, that having considered a communication
from the Human Resources Director, dated July 25, 2011, approved for
submission by the Mayor, which transmits Resolution 11-66 adopted
by the Civil Service Commission on July 20, 2011, wherein the
Commission has approved a reduction in pay rates for Seasonal
Laborers, effective January 1, 2012, which rate reductions are as
follows
Seasonal Laborer I
Current Rate First Season $9 00 New Rate First Season $8 50
Current Rate Second Season $9 25 New Rate Second Season $8 75
Seasonal Laborer II
Current Rate First Season $9 25 New Rate First Season $8 75
Current Rate Second Season $9 50 New Rate Second Season $9 00
the Council does hereby concur in and approve of the aforesaid action
#267-11 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated July 27, 2011,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, which transmits its resolution WS 4252
7/11, the Council does hereby authorize purchases from East Jordan
Iron Works, 13001 Northend Avenue, Oak Park, Michigan 48237, for
stormwater, water main and sanitary manhole related items in an
amount not to exceed $60,000 00 annually; FURTHER, the Council
does hereby authorize an expenditure in an amount not to exceed
$60,000 00 from funds already budgeted in Account Nos 592-559-
787-060 (Water Valves & Gate Wells), 592-559-787-050 (Water Main
Supply), 592-559-787-070 (Hydrant Supply), and 592-559-796-000
(Sanitary Supply) for this purpose, FURTHER, the Council does
hereby authorize such action without competitive bidding for the
reasons indicated in the aforesaid communication, and such action is
- taken in accordance with Secttan 3 04 140-D-4 of-the Livonia Code of _
Ordinances, as amended
#268-11 RESOLVED, that having considered a communication
from the Chairman of the Water and Sewer Board, dated July 20,
2011, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and which transmits Water and
Regular Meeting Minutes of August 24, 2011 37980
Sewer Board resolution WS 4251 7/11, the Council does hereby
approve the bid of Hydro Meter Systems, 260 W Montcalm, Pontiac,
Michigan 48342, for the testing and repair of large commercial and
industrial water meters for a two (2) year period in a total amount not to
exceed $19,899 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
$19,899 00 from funds already budgeted in Account No 592-559-818-
000 (Water and Sewer Contractual Services) for this purpose, 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
#269-11 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service - Municipal
Services and the Director of Public Works, dated July 27, 2011, which
bears the signature of the Director of Finance, is approved by the City
Attorney and approved for submission by the Mayor, the Council does
hereby authorize the purchase of 40 cases of Altosid XR Briquettes
from Clarke Mosquito Control, 159 Garden Avenue, Roselle, Illinois
60172, for the 2011 Mosquito Treatment Program in the total amount
of $26,048 00, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $26,048 00 from funds already
budgeted in Account No 205-526-805-010 (Pest Control) for this
purpose, FURTHER, the Council does hereby authorize the purchase
of said item 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
#270-11 RESOLVED, that having considered a communication
from the City Engineer, dated July 28, 2011, approved for submission
by the Mayor, the Council does hereby, for and on behalf of the City of
Livonia, accept a $50,000 00 grant from Detroit Edison Company
(DTE), FURTHER, the Council does hereby authorize the use of these
grant funds to retrofit 48 mercury vapor streetlights to LED along Five
Mile Road, from Farmington Road to Hubbard Road, which is
estimated to produce an energy cost savings of $7,724 16 annually,
and the Mayor and City Clerk are hereby authorized, for and on behalf
of the City of Livonia, to execute the agreement with DTE subject to
the approval as to form by the Department of Law, and to do all other
thmgs neressary_or incidental to the full performance of this resolution— — -
#271-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 8, 2011, which
bears the signature of the Director of Finance and the City Attorney, is
approved by the Director of Public Works and approved for submission
by the Mayor, to which is attached a proposed Intergovernmental
Regular Meeting Minutes of August 24, 2011 37981
Agreement between the City of Livonia and the County of Wayne for
non-grant covered items in connection with the Merriman Road at Five
Mile and Six Mile Safety Improvement Project consisting of non-
conflicting water main work, the irrigation systems, the associated
sidewalk and other necessary work-related items, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the
City of Livonia, to execute this agreement in the manner and form
herein submitted, FURTHER, the Council does hereby authorize an
appropriation and expenditure of the amount of $184,866 00 from
Account No 592-158-000 (Water and Sewer Fund - Construction in
Progress) for this purpose, FURTHER, the Council does hereby
authorize an expenditure in the amount of $277,014 00 from funds
already budgeted in Account No 202-463-818-125 (Major Street Fund
— City Participation in MDOT and County Projects) for this purpose,
and the City Engineer is hereby authorized to approve any minor
adjustments in the work as it becomes necessary; and the City Clerk is
hereby requested to forward a certified copy of this resolution, together
with the signed Agreements, to the Wayne County Department of
Public Services
#272-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 8, 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 quotation of Liqui-Force Services
(USA), Inc , 28529 Goddard Road, Suite 106, Romulus, Michigan
48174, to perform emergency sanitary sewer main repair work on a 12-
inch sanitary sewer line located in the alley behind Perko's on Five
Mile Road, and on a 12-inch sanitary sewer located at 12701 Inkster
Road in the amount of $46,060 00, the same having been in fact the
lowest quote received and meets all specifications, FURTHER, the
Council does hereby authorize an expenditure in an amount not to
exceed $46,060 00 from Account No 591-158-000 (Construction in
Progress Fund) for this purpose, and the City Engineer is hereby
authorized to approve any 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 company and to do all other things necessary or
incidental to the full performance of this resolution
#273-11 RESOLVED, that having considered a communication
-- ---from the_ City Planning Commission, dated July 22, 20-11 which
transmits its resolution 07-41-2011, adopted on July 19, 2011, with
regard to Petition 2011-07-08-06 submitted by L+A Architects, Inc , on
behalf of McDonald's Corporation, requesting site plan approval in
connection with a proposal to remodel the exterior of the existing
restaurant located on the west side of Farmington Road, between
Seven Mile Road and Eight Mile Road (19311 Farmington Road), in
Regular Meeting Minutes of August 24, 2011 37982
the Southeast 1/4 of Section 4, pursuant to the provisions set forth in
Section 19 06 of Ordinance No 543, as amended, the Council does
hereby concur in the recommendation of the Planning Commission
and Petition 2011-07-08-06 is hereby approved and granted, subject
to the following conditions
1 That the Site Plan marked Sheet No C-2 dated July 28, 2011,
as revised, prepared by L+A Architects, Inc., is hereby
approved and shall be adhered to, except that the pass-
through lane shall be moved closer to the building and the
pylon sign shall be removed and replaced with a new
monument sign that shall have a maximum height of ten (10)
feet and a minimum setback from the right-of-way of twelve
(12) feet;
2 That in accordance with Section 18 37(j) of the Zoning
Ordinance, the petitioner shall be allowed to bank the four (4)
parking spaces between the new drive-thru configuration and
the parking spaces along the back edge of the parking lot;
3 That the banked parking area shall be maintained as green
space and that a future parking plan shall be submitted to the
Planning Department, which shall be arranged and designed
so that the subject parking spaces can be installed at a later
date if the need arises,
4 That the owner shall agree in writing to install such landbanked
parking within 180 days of a City Council resolution in which it
is determined that such additional parking is needed,
5 That the Landscape Plan marked Sheet No C-4 prepared by
L+A Architects, Inc as received by the Planning Commission
on July 19, 2011, is hereby approved and shall be adhered to,
subject to modifications as may be approved by the Planning
Department;
6 That the Exterior Building Elevation Plans marked Sheet No
A2 0 and A2 1 prepared by L+A Architects, Inc , as received by
the Planning Commission on July 5, 2011, are hereby
approved and shall be adhered to,
7 That the submitted sign package is hereby approved, subject to
the Petitioner obtaining the necessary variances from the
Zoning Board of Appeals,
8 That the maximum area of each wall-mounted sign and the
approximate location on all exterior signage shall be consistent
with the previous approved sign package for this site, and that
Regular Meeting Minutes of August 24, 2011 37983
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
9 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
10 That 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
11 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 the City
Council, and unless a building permit is obtained and
construction is commenced, this approval shall be null and void
at the expiration of said period
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Toy, Schwartz, Pastor, Meakin, and McCann
NAYS None
An e-mail communication from Mike Toyeas, dated April 18, 2011, re
suggestions on how to honor Officer Larry Nehasil, was received and placed on file
for the information of the Council (CR 33-11)
A communication, dated February 15, 2011, re relaying the telephone
suggestion of Ron Budzinski to have a plaque in a designated Memorial Park to
honor Officer Larry Nehasil, was received and placed on file for the information of
the Council (CR 33-11)
A communication, dated February 15, 2011, re relaying the telephone
concern of Delores Hoheisel on renaming Shelden Park due to its history in relation
to honoring Officer Larry Nehasil, was received and placed on file for the information
of the Council (CR 33-11)
Regular Meeting Minutes of August 24, 2011 37984
Three (3) e-mail communications from Mayor Jack Kirksey,
Councilmember Conrad Schwartz and Council President James McCann, dated
June 23, 2011, re recommendations on ways to honor Police Officer Larry Nehasil,
were received and placed on file for the information of the Council (CR 33-11)
An e-mail communication from Ed Morris, dated June 24, 2011, re
recommendations on ways to honor Police Officer Larry Nehasil, was received and
placed on file for the information of the Council (CR 33-11)
On a motion by Laura, seconded by Toy, and unanimously adopted, it
was
#274-11 RESOLVED, that having considered the report and
recommendation of the Public Safety, Education and Recreation
Committee, dated July 18, 2011, submitted pursuant to Council
Resolution 33-11, regarding the request of Ed Morris to consider
naming a City park in memory of Police Officer Larry J Nehasil, the
Council does hereby approve this request and does hereby concur in
renaming Dolphin Park (aka Civic Center Park) to the "Larry Nehasil
Park," and does hereby direct the Department of Public Works to take
all necessary action to effectuate this resolution, FURTHER, the
Department of Law is hereby requested to prepare an appropriate
amendment to Section 12 16 010 for submission to Council to reflect
the naming of this park.
On a motion by Laura, seconded by Toy, and unanimously adopted, it
was
#275-11 RESOLVED, that having considered the report and
recommendation of the Public Safety, Education and Recreation
Committee, dated May 4, 2011, submitted pursuant to Council
Resolution 317-10, regarding the subject of proposed changes to the
Parks and Recreation field rental procedures by eliminating Daily and
Seasonal Permits and utilizing an Hourly Permit, effective December 1,
-- 2010 (for tracking purposes), the Council does hereby determine to
take no further action with regard to this matter
On a motion by Meakin, seconded by Laura, and unanimously
adopted, it was
Regular Meeting Minutes of August 24, 2011 37985
#276-11 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 9,
2011, submitted pursuant to Council Resolution 147-11, regarding 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 the business located
at 32030 Plymouth Road, Livonia, Michigan 48154, Wayne County; the
Council does hereby take this means to advise the Michigan Liquor
Control Commission that the City Council approves the said request
contingent upon payment in full of the outstanding water bill, and the
City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
On a motion by Laura, seconded by Toy, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 9,
2011, submitted pursuant to Council Resolution 71-11, regarding
review of departmental user fees (Assessing, City Clerk, Engineering,
Planning, Police and Treasurer), and the report and recommendation
of the Finance Director, dated February 24, 2011, approved for
submission by the Mayor, the Council does hereby approve the
proposed adjustments in user fees as recommended by the Finance
Director, to be reviewed on an annual basis, FURTHER, the Council
does hereby refer this matter to the Department of Law to prepare
ordinance amendments as appropriate in conjunction with this matter;
FURTHER, the Council does hereby refer the recommended fee
increases to Zoning Ordinance No 543 to the Planning Commission
for action and recommendation in accordance with provisions of law
and City ordinance
On a motion by Meakin, seconded by Pastor, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution in lieu of the foregoing that would refer this
matter back to the Committee of the Whole
A roll call vote was taken on the motion to substitute with the following result:
AYES Laura, Toy, Schwartz, Pastor, and Meakin
- _ NAYS - McCann-
The President declared the motion to substitute adopted
On a motion by Meakin, seconded by Pastor, it was
Regular Meeting Minutes of August 24, 2011 37986
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 9,
2011, submitted pursuant to Council Resolution 71-11, regarding
review of departmental user fees (Assessing, City Clerk, Engineering,
Planning, Police and Treasurer), and the report and recommendation
of the Finance Director, dated February 24, 2011, approved for
submission by the Mayor, the Council does hereby determine to refer
this matter back to the Committee of the Whole for further discussion
On a motion by Toy, seconded by Schwartz, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution in lieu of the foregoing that would approve this
matter, with an annual review
The President relinquished the gavel to the Vice President at 8 37 p m to speak to
this matter
A roll call vote was then taken on the motion to substitute with the following result:
AYES Toy, Schwartz, and McCann
NAYS Pastor, Meakin, and Laura
Vice President Laura declared the substitute motion failed for lack of support.
Meakin and Pastor withdrew their motions on the previously offered resolution,
which would refer this matter back to the Committee of the Whole
President McCann resumed the gavel at 8 45 p m
The President stated this matter would remain in committee, as no resolution was
adopted
On a motion by Toy, seconded by Meakin, and unanimously adopted,
it was
#277-11 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 9,
2011, submitted pursuant to Council Resolution 519-08, regarding the
- satrtof acquiring FHA-HUD foreclosed properties, the Council does__.
hereby determine to take no further action with regard to this matter
President McCann provided a verbal update on the subject of the
Housing and Economic Recovery Act of 2008 and indicated the matter will remain in
the Committee of the Whole at this time (CR 40-09)
Regular Meeting Minutes of August 24, 2011 37987
On a motion by Toy, seconded by Meakin, and unanimously adopted,
it was
#278-11 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 9,
2011, submitted pursuant to Council Resolution 314-06, regarding
meeting with Honeywell with respect to the City Hall Building heating
and air conditioning problems, the Council does hereby determine to
take no further action with regard to this matter
On a motion by Toy, seconded by Meakin, and unanimously adopted,
it was
#279-11 RESOLVED, that having considered a communication
from the City Clerk, dated July 25, 2011, and a subsequent
communication from the City Clerk, dated August 11, 2011, the Council
does hereby approve the appointment of Susan Hoff to the position of
part-time Deputy Clerk upon retirement of the current Assistant City
Clerk, FURTHER, the Council does hereby establish the full-time
salary for this position in the amount of $61,568 00 with the
understanding that the part-time salary shall be $30,784 00 and with
the further understanding that all benefits as previously approved by
the Council for other appointed positions within the City be also
extended to this position
On a motion by Meakin, seconded by Schwartz, and unanimously
adopted, it was
#280-11 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Leapers, Inc dated
February 7, 2011, covering new industrial facilities to be located within
City of Livonia Industrial Development Overlay District No 110; and
WHEREAS, the City Clerk has also received a request for the transfer
of a previously approved Industrial Facilities Exemption Certificate
#2010-138 from 32700 Capitol Street to 32500 Capitol Street covering
industrial facilities located within the City of Livonia Industrial
Development Overlay District No 110, and
WHEREAS, the Council did previously in Council Resolution No 172-
10 adopted on May 12, 2010, approve an Industrial Facilities
Exemption Certificate for Leapers, Inc , for a period of 7 years,
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
Regular Meeting Minutes of August 24, 2011 37988
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 and request has been
received, and
WHEREAS, the City Council has afforded Leapers, Inc , the Assessor,
and a representative of each of the affected taxing units an opportunity
for a hearing on this Application and request and said hearing having
in fact been conducted at 7 00 p m , Monday, August 15, 2011, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
WHEREAS, the aggregate SEV of real and personal property exempt
from ad valorem taxes within the City of Livonia after granting this
certificate will not exceed 5% of an amount equal to the sum of the
SEV of the unit, plus the SEV of personal and real property thus
exempted
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, Leapers, Inc , finds and determines (a) that
the granting of this Industrial Facilities Exemption Certificate and
the transfer of the existing Industrial Facilities Exemption
Certificate #2010-138 shall not have the effect of substantially
impeding the operation of the local governmental unit or
impairing the financial soundness of any taxing unit which levies
an ad valorem property tax in the local governmental unit in
which the facility is to be located, and (b) the applicant has fully
complied with the requirements of Section 9, Act No 198, P.A.
1974, as amended
2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Leapers, Inc
covering new industrial facilities to be located within the City of
Livonia Industrial Development Overlay District No 110, for 7
years
3 That the City Council hereby approves the above transfer of
the existing Industrial Facilities Exemption Certificate 2010-
138 from 32700 Capitol Street to 32500 Capitol Street, covering
industrial facilities to be located within the City of Livonia
Industrial Development Overlay District No 110
4 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
Regular Meeting Minutes of August 24, 2011 37989
Exemption Certificate, the Council hereby authorizes the Mayor
and City Clerk to sign such Letter of Agreement as duly
executed by the applicant and incorporate such Letter of
Agreement as part of the documentation required to process
applications for Industrial Facilities Exemption Certificates
5 Council Resolution No 172-10, adopted on May 12, 2010, is
hereby amended and revised to the extent necessary to be
consistent with the action taken herein
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
was
#281-11 RESOLVED, that having considered a communication
from the Department of Law, dated August 12, 2011, wherein it is
requested that Council Resolution 183-11 be amended to include the
statement that the City of Livonia meets the definition of "Eligible Local
Assessing District" and to specify the subsection of the Act that
applies, the Council does hereby amend and revise Council Resolution
183-11 so as to read as follows
WHEREAS, the City of Livonia meets the definition of an
"Eligible Local Assessing District" under P.A. 328 of 1998,
Section 7(g), by virtue of containing an eligible distressed
area as defined by Section 7(f)(i), in accordance with RA.
346 of 1966, Section 11; and
WHEREAS pursuant to P.A. 198 of 1974, as amended, after a
duly noticed public hearing, the City Council of the City of
Livonia, established Livonia Industrial Development Overlay
District No 110, on December 19, 2006, for property at 35588
Veronica, thereby creating an "eligible district" for purposes of
Act 328 of 1998, as amended (the "Act"), and
WHEREAS EMS Product Development, a Michigan corporation
and an eligible business under the Act, has filed an application
for Exemption of New Personal Property to be located in the
referenced eligible district; and
WHEREAS before acting upon said application the City Council
of the City of Livonia held a public hearing on the 1st day of
June, 2011, at 7 00 p rn in Livonia City Hall at 33000 Civic
Center Drive, Livonia, Michigan, at which the Applicant, City
Assessor and a representative of the effected taxing units were
given written notice and were afforded an opportunity to be
heard on said Application,
Regular Meeting Minutes of August 24, 2011 37990
NOW THEREFORE, BE IT RESOLVED that the City Council of
the City of Livonia hereby approves the application of EMS
Product Development for the Exemption of New Personal
Property to be installed in the referenced eligible district; and
BE IT FURTHER RESOLVED THAT if the owner or lessee of a
facility for which an Exemption of New Personal Property under
the Act is in effect relocates that facility outside of the eligible
district during the period in which the Exemption is in effect, the
owner or lessee is liable to the City from which it is leaving,
upon relocating, for an amount to be determined in accordance
with a Letter of Agreement executed between EMS Product
Development and the City of Livonia If the City determines that
it is in its best interest, the City may forgive the liability of the
owner or lessee under the terms of the Letter of Agreement.
The payment provided for in the Letter of Agreement shall be
distributed in the same manner as property taxes are
distributed
BE IT FURTHER RESOLVED THAT the New Personal Property
Exemption when issued shall be, and remain in force and effect
for a period of 7 years, beginning on or about January 1, 2012,
and ending December 31, 2018
BE IT FURTHER RESOLVED THAT EMS Product
Development shall file with the City Assessor two (2) personal
property statements each year one statement for Exempt New
Personal Property and one statement for all other personal
property; and
BE IT FURTHER RESOLVED THAT the Application submitted
by EMS Product Development is for an Exemption of New
Personal Property that will be located in the following described
parcel of real estate situated within the City of Livonia, in
Industrial Development Overlay District No 110, established on
December 19, 2006
A parcel located in the N E 1/4 of Section 29, T1 S, R9E, City of
Livonia, Wayne County, Michigan, described as commencing at
the N E corner of Section 29, thence proceeding along the
north line of said Section 29, S 88° 08' 21" W 579 ft, thence S
02° 00' 16" E 2,016 03 ft, thence S 87° 28' 53" W 135 ft, to the
point of beginning, thence proceeding N 02° 00' 18" W 318 36 ft,
thence N 02° 00' 17" W 20 ft, thence, S 87° 59' 42" W 135 08 ft,
thence S 02° 00' 18" E 20 ft, thence S 02° 01' 13" W 319 57 ft,
thence N 87° 28' 53" E 135' to the point of beginning, Area 1 05
acres
Regular Meeting Minutes of August 24, 2011 37991
BE IT FINALLY RESOLVED that the City Clerk shall cause the
Application for Exemption of New Personal Property to be
completed and shall take all the steps necessary to insure that
the completed application and a copy of this Resolution are filed
with the State Tax Commission in a timely fashion
There was no Audience Communication at the end of the meeting
President McCann thanked Karen Tesner, Director of Legislative
Affairs/Assistant City Clerk, for her many dedicated years of service to the City and
indicated this would be the last meeting attended by Ms Tesner, as she will retire at
the end of the month President McCann wished Ms Tesner well in her retirement.
Toy offered a hearty thank you to Karen Tesner, Director of Legislative
Affairs/Assistant City Clerk, for her dedicated and outstanding service during her
many wonderful years with the City and stated Ms Tesner did superior work with
great attention to detail and precision in quality work. Toy wished Ms Tesner many
years of health and happiness in her retirement.
On a motion by Schwartz, seconded by Pastor, and unanimously
adopted, this 1,687th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 58 p m
a
Terry e) Marecki, City Clerk