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HomeMy WebLinkAboutCOUNCIL MINUTES 2010-10-20 37698 MINUTES OF THE ONE THOUSAND SIX HUNDRED SIXTY SEVENTH REGULAR MEETING OF OCTOBER 20, 2010 On October 20, 2010, 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 Council Vice President Laura led the meeting with the Pledge of Allegiance Roll was called with the following result: Joe Laura, Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, and James McCann Absent: None Elected and appointed officials present: Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don Knapp, City Attorney; Terry A. Marecki, City Clerk; Mayor Jack Kirksey; former Mayor Jack Engebretson, former Mayor Robert Bennett; and former Councilmember Thomas Robinson On a motion by Toy, seconded by Brosnan, and unanimously adopted, it was #345-10 RESOLVED, that the Minutes of the 1,666th Regular Meeting of the Council held October 6, 2010, are hereby approved as submitted Mark Taormina, City Planner and Director of Economic Development, announced Livonia was recently recognized by the University of Michigan-Dearborn Center for Innovation Research (iLabs), as one of the top seven communities in Michigan fostering economic development and business growth Mr Taormina indicated the University's study involved approximately 112 communities state-wide and the survey focused on such items as the concentration of business property, infrastructure, incentives, growth, and local governmental policies In addition, Mr Taormina indicated Livonia was among the highest ranked communities as a result of the many tools it offers to local businesses together with the joint efforts of higher educational facilities such as Schoolcraft College Regular Meeting Minutes of October 20, 2010 37699 President McCann announced Livonia City Council and Livonia Public Schools are two separate governmental entities, neither of which has control over the other President McCann indicated many Councilmembers had received phone calls and other communications from residents expressing concern regarding recent events that have occurred at the Board of Education but reminded residents any issues with the Livonia School Board should be addressed to them During Audience Communication, George Boller, 36270 Hammer Lane, addressed Council to express his concern for residents' safety during the repaving project taking place on Newburgh Road between North Laurel Park Drive and Seven Mile Road Mr Boller stated he did not feel adequate signs were in place to notify the public of what lanes are closed nor did he feel adequate room was allowed for safety of vehicles passing through the construction project. Further, Mr Boller expressed concern about crime in the area of the new Wal-Mart located at Middlebelt and Seven Mile Road and inquired what the Council was doing to address this issue John Grzebik, 11301 Hubbell, addressed Council to announce that 20J School Funds were cut approximately one year ago by the State of Michigan and the School Board has followed the possible reinstatement of same, however, the outlook was bleak. In addition, the School Board has investigated Education Jobs Funds for money to save jobs within the District and stated the Foundation Allowance was being monitored for State funding as well Mr Grzebik indicated any questions or concerns regarding transportation issues within the Livonia District should be addressed directly to the Livonia School Board or the Transportation Department. Mr Grzebik concluded by thanking the Mayor for appointing him to the Livonia Youth Commission and stated he looked forward to serving the community in this capacity Joseph Castrodale, 15218 Farmington Road, addressed Council on behalf of the Moondusters Ballroom Dance Club which has been in Livonia since 1975 Mr Castrodale indicated the Moondusters Dance Club rents out the Livonia Senior Center every Saturday night and they frequently donate to local charities such as the American Cancer Society, Paralyzed Veterans of American and the Muscular Dystrophy Association, any surplus of funds they have raised Mr Castrodale advised the Council of their annual Holiday Dinner Dance scheduled at Burton Manor on December 5th and invited all to attend their fun and festive event which he indicated was very reasonably priced at $32 per person Mr Castrodale did not provide his phone number, but rather stated interested parties could contact the Livonia Senior Center to get information on how to purchase tickets for the Holiday Dinner Dance Ron Riggio, 37204 Bretton, addressed Council to express concern about lack of sidewalks along Newburgh Road, in the area north of Seven Mile Road up to Eight Mile Road Mr Riggio stated it is difficult for residents to walk in this area without being too close to the vehicles traveling Newburgh Road and stated he felt the area was poorly planned when the subdivisions were constructed Mr Riggio inquired of Council to investigate the matter further and possibly look at installing a Regular Meeting Minutes of October 20, 2010 37700 walking pathway, at a minimum, in that area of the community in order to to give Livonia a truly connected feeling On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #346-10 RESOLVED, that having heard the comments and concerns expressed by Mr Ron Riggio, 37204 Bretton, regarding safety issues due to the lack of sidewalks along Newburgh Road, between Seven Mile Road and Eight Mile Road, the Council does hereby refer this matter to the Administration for its report and recommendation Dianne Marietti, 15044 Fairway, addressed Council to commend Wayne County for tackling the road issues on Haggerty Road and smoothing out the bumps in the road Ms Marietti stated she has sent letters to Wayne County Commissioner Laura Cox and has received a positive reply from Wayne County Ms Mariette expressed her appreciation for the repair work finally being made along Haggerty Road A communication from the Department of Finance, dated September 20, 2010, re forwarding various financial statements of the City of Livonia for the month ending August 31, 2010, was received and placed on file for the information of the Council A communication from the Department of Finance, dated September 23, 2010, re forwarding the Quarterly Investment Report for the City of Livonia as of August 31, 2010, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Schwartz, it was #347-10 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated October 1, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve a two year extension of the Weed Cutting Contract 99-A, commencing January 1, 2011, and expiring on December 31, 2012, with Michigan Grounds Management, 14931 Farmington Road, Livonia, Michigan 48154, under the same rates, terms and conditions as the 1999 contract; FURTHER, the Council does hereby authorize an advance in the contract amount from the Municipal Refuse Fund Account for the purpose of making payments to the contractor as the work is Regular Meeting Minutes of October 20, 2010 37701 completed, with the provision that the Municipal Refuse Fund Account be reimbursed as bills for weed cutting are collected, and the Director of Inspection is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #348-10 RESOLVED, that having considered a communication from the Superintendent of Public Service and the Director of Public Works, dated September 17, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve a one (1) year extension of the existing contract with Brendel's Septic Tank Service, LLC, 9481 Highland Road, White Lake, Michigan 48386, for providing portable toilet service for the City's 2011 season at the unit prices bid in their proposal, dated February 5, 2007, with a $5 00 per unit reduction for monthly handicap units, for the estimated total cost of $29,975 00; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $29,975 00 from funds already budgeted for this purpose in Account No 205-527-818-000 (Municipal Refuse Fund), FURTHER, the Council does hereby authorize the action herein without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #349-10 RESOLVED, that having considered a communication from the Director of Public Works, dated September 16, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize Stante Excavating, 48400 West Road, Wixom, Michigan 48398, Tony Angelo Cement Construction Company, 48850 Grand River Ave , Novi, Michigan 48374-1327, and Nagle Paving Company, 39525 W 13 Mile Road, Suite 300, Novi, Michigan 48377, to provide snow removal services for City streets during the 2010-2011 snow season for snowfalls of over four (4) inches in accumulation and as authorized by the Mayor, pursuant to the terms stated in the attached proposals dated September 7, 2010 (Stante Excavating), September 9, 2010 (Tony Angelo Cement Construction Company) and September 17, 2010 (Nagle Paving Company), FURTHER, the Council does hereby authorize said action without competitive bidding in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the expenditures for such services from funds already budgeted in Account No 101-463- 818-020 (Road Maintenance Contractual Services) for this purpose Regular Meeting Minutes of October 20, 2010 37702 #350-10 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Municipal Services and the Director of Public Works, dated October 4, 2010, which bears the signature of the Director of Finance and the City Attorney and is approved for submission by the Mayor, regarding the solid waste/recycling contract between the City of Livonia and Waste Management of Michigan, Inc., the Council does hereby accept the proposal of Waste Management of Michigan, Inc , 19200 West Eight Mile Road, Southfield, Michigan 48075, to perform solid waste collection, disposal recycling and related services for the City of Livonia as outlined in the aforementioned report and recommendation, for a five year period commencing December 1, 2010, through November 30, 2015, for the total estimated cost of $30,100,839 43, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution. #351-10 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated October 5, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 4155 10/10, regarding an additional appropriation and expenditure for work required in connection with the 2010 Sidewalk and Pavement Replacement Program — Water Main Breaks, previously authorized in Council Resolution 82-10, adopted on March 10, 2010, the Council does hereby appropriate and authorize the expenditure of the additional amount of $15,000 00 from Account No 592-158-000 (Water and Sewer Construction in Progress Account) to be paid to Soave Landscaping, LLC, 33611 Plymouth Road, Livonia, Michigan 48150, to complete remaining water main break pavement repairs, sidewalks and related items in connection with this project; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary #352-10 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 4, 2010, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, regarding an additional appropriation and expenditure for the reconstruction of Schoolcraft Road from 1-96 to Scone Court, previously authorized in Council Resolution 413-09, adopted on October 21, 2009, the Council does hereby appropriate and authorize an expenditure in the amount of $108,709 09 from the Unexpended Fund Balance of the Michigan Transportation Fund (Major Roads) to be paid to the Michigan Department of Transportation as the City's portion of the construction costs in connection with this project, with the Regular Meeting Minutes of October 20, 2010 37703 anticipation of a refund of approximately $156,700 00 when federal funding becomes available for this project. #353-10 RESOLVED, that having considered a communication from the Department of Law, dated September 20, 2010, approved for submission by the Mayor, the Council does hereby authorize the Department of Law to resolve the claim for damages caused by a sewer backup on June 30, 2010, on property located at 19491 Rensellor Street in the amount of $20,839 58, and the Department of Law is hereby authorized to do all things necessary or incidental to the full performance of this resolution #354-10 RESOLVED, that having considered a communication from Council President James C McCann, dated September 30, 2010, to which is attached a proposed schedule of Council Study and Regular Meetings for the period January 1, 2011, through December 31, 2011, the Council does hereby approve the following dates for City Council meetings for 2011, subject to change with notice Study Meetings Regular Meetings JANUARY Monday, January 3 Wednesday, January 12 Wednesday, January 19 Wednesday, January 26 FEBRUARY Monday, January 31 Wednesday, February 9 Monday, February 14 Wednesday, February 23 MARCH Monday, February 28 Wednesday, March 9 Monday, March 14 Wednesday, March 23 APRIL Monday, March 28 Wednesday, April 6 Monday, April 11 Wednesday, April 20 MAY Wednesday, May 4 Wednesday, May 11 Monday, May 16 Wednesday, May 25 JUNE Wednesday, June 1 Wednesday, June 8 Monday, June 13 Monday, June 20 JULY Monday, June 27 Wednesday, July 6 Monday, July 11 Monday, July 18 Regular Meeting Minutes of October 20, 2010 37704 AUGUST Wednesday, July 20 Monday, August 8 Monday, August 15 Wednesday, August 24 SEPTEMBER Monday, August 29 Wednesday, September 7 Wednesday, September 14 Wednesday, September 21 OCTOBER Monday, September 26 Wednesday, October 5 Monday, October 10 Wednesday, October 19 NOVEMBER Monday, October 24 Wednesday, November 2 Wednesday, November 9 Wednesday, November 16 DECEMBER Monday, November 21 Wednesday, November 30 Monday, December 5 Wednesday, December 14 A roll call vote was taken on the foregoing resolutions with the following result: AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann NAYS None A communication from the Department of Finance, dated October 18, 2010, re City's inability to restore millage rates previously reduced by Headlee rollbacks, was received and placed on file for the information of the Council (CR 249-10) A communication from former Mayor Robert D Bennett, dated October 13, 2010, re restoration of millage rates, was received and placed on file for the information of the Council (CR 249-10) An e-mail communication from Ted and Carole Krol, dated October 18, 2010, re supporting the proposed one percent (1%) administrative fee for the collection of taxes, was received and placed on file for the information of the Council (CR 249-10) Regular Meeting Minutes of October 20, 2010 37705 A communication from the Department of Law, dated October 8, 2010, re constitutionality of a one percent (1%) administrative fee for the collection of taxes, was received and placed on file for the information of the Council (CR 249- 10) An e-mail communication from the Office of the Mayor, dated October 7, 2010, re forwarding two communications supporting the one percent (1%) administrative fee for the collection of taxes, and noting the receipt of three opposing e-mail communications, was received and placed on file for the information of the Council (CR 249-10) An e-mail communication from Council Vice President Joe Laura, dated October 5, 2010, re forwarding various budgetary concerns, was received and placed on file for the information of the Council (CR 249-10) A communication from Susan Richard, dated October 4, 2010, re opposing the one percent (1%) administrative fee for the collection of taxes, was received and placed on file for the information of the Council (CR 249-10) On a motion by Meakin, it was RESOLVED, that the Council does hereby approve the implementation of a 0 5% administration fee on property tax collections for the Fiscal Year 2011, and a 1% administration fee on property tax collections for the Fiscal Years 2012-2015, and to reflect a contribution of $918,546 00 from the Cable Fund to the General Fund The President declared the motion failed for lack of support. On a motion by Laura, seconded by Toy, it was RESOLVED, that the Council does hereby approve an alternative Budget which would involve turning in all take-home cars, reducing the Law Department by one position, outsourcing the Engineering Department, reducing the Mayor's Staff by one and one- half positions, deleting part-time employee benefits, laying off the gam. Regular Meeting Minutes of October 20, 2010 37706 Superintendent of Public Service, and utilizing $1,300,000 from the Cable Fund On a motion by Schwartz, seconded by Brosnan, the following substitute motion was made RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following WHEREAS, the budget as submitted by the Mayor is based on revenue assumptions and projections, and WHEREAS, a significant aspect of these assumptions and projections is based on the implementation of a 1°/0 administration fee on property tax collections, NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL hereby determines that the Annual Budget for the Fiscal Year as submitted by the Mayor for the next fiscal year commencing December 1, 2010, and ending November 30, 2011, as shown in the Budget document in Section I, submitted by the Mayor to the Council on September 15, 2010, pursuant to Section 3, Chapter VII of the City Charter, be and is hereby determined adopted, provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative reporting purposes, and Council approval is required for any modification to the amounts shown in Section I, and that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a Public Hearing having been held on October 4, 2010, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on September 26, 2010, and provided further that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the Minutes of this meeting AND RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 0447 mills, of the taxable valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 2010, and ending November 30, 2011, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia Regular Meeting Minutes of October 20, 2010 37707 (a) The Council does hereby establish a tax levy of 8088 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (b) The Council does hereby establish a tax levy of 1 2134 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (c) The Council does hereby establish a tax levy of 8088 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for library services, supplies and facilities in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (d) The Council does hereby establish a tax levy of 0114 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia, in addition to the amount which is authorized to be levied for general municipal purposes, (e) The Council does hereby establish a tax levy of 1 8767 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 298 of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, Regular Meeting Minutes of October 20, 2010 37708 (f) The Council does hereby establish a tax levy of 4979 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, in addition to the amount authorized to be levied for general municipal purposes, (g) The Council does hereby establish a tax levy of 7855 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for a community recreation center, recreation personnel, equipment, supplies, facilities and operations, in addition to the amount authorized to be levied for general municipal purposes, (h) The Council does hereby establish a tax levy of 8893 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees in the City of Livonia, in addition to the amount to be levied for general municipal purposes, (i) The Council does hereby establish a tax levy of 5000 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for the City's community transit program and capital improvements within the City of Livonia, in addition to the amount to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices AND WHEREAS Section 44 of the "General Property Tax Act," Public Act 206 of 1893, as amended, authorizes a local assessing unit to implement a one percent (1%) administration fee to offset costs incurred in assessing property values, collecting the property tax levies, in the review and appeal processes, and Regular Meeting Minutes of October 20, 2010 37709 WHEREAS, it is the intention of the Livonia City Council to authorize the implementation of a property tax administration fee for a limited period, NOW, THEREFORE, BE IT RESOLVED that the Treasurer of the City of Livonia is hereby authorized to implement a property tax administration fee in the amount of one percent (1%) in accordance with the provisions of Section 44 of Public Act 206 of 1893, as amended, provided, however, that this authorization shall be valid for a five (5) year period ending November 30, 2015 The following individuals spoke in favor of the one percent (1%) administration fee as presented with the proposed Budget: Former Mayor Jack Engebretson, Scott Morgan, President of the Livonia Police Officers' Association, Former Mayor Robert Bennett, 32210 Myrna, Susan Barna, 15568 Sussex Street; and Chief Robert Stevenson, Livonia Police Department. The following individuals spoke in opposition to the one percent (1%) administration fee as presented with the proposed Budget: Barry Gavel, 38173 Bloomfield Drive, Ron Riggio, 37204 Bretton, Christopher Martin, 12275 Inkster Road, Patty Riggio, 37204 Bretton, Steve Crosby, 15092 Yale, Craig Proletto, 32281 Myrna, and Jeff Scheuber, 15618 Westmore Lionel Travis, 16939 Merriman Road, asked if Council would take the vote on the one percent (1%) administration fee in connection with the proposed Budget and inquired what would be required to force Council to vote on the matter Dianne Marnetti, 15044 Fairway, inquired of Council if the funds collected for the one percent (1%) administration fee would be earmarked specifically for Public Safety in the proposed Budget as presented to Council A roll call vote was then taken on the motion to substitute with the following result: AYES Meakin, Schwartz, and McCann NAYS Laura, Toy, Brosnan, and Pastor The President declared the substitute motion failed for lack of support. Regular Meeting Minutes of October 20, 2010 37710 On a motion by Toy, seconded by Brosnan, the following substitute motion was made RESOLVED, that the Council does hereby refer the subject of the Fiscal Year Budget for 2010-2011 to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing motion to substitute with the following result: AYES Laura and Toy NAYS Brosnan, Schwartz, Pastor, Meakin, and McCann The President declared the motion to substitute failed for lack of support. A roll call vote was then taken on the originally proposed resolution made by Laura, seconded by Toy, as follows RESOLVED, that the Council does hereby approve an alternative Budget which would involve turning in all take-home cars, reducing the Law Department by one position, outsourcing the Engineering Department, reducing the Mayor's Staff by one and one- half positions, deleting part-time employee benefits, laying off the Superintendent of Public Service, and utilizing $1,300,000 from the Cable Fund with the following result. AYES Laura and Toy NAYS Brosnan, Schwartz, Pastor, Meakin, and McCann The President declared the motion failed for lack of support. President McCann passed the gavel to Vice President Laura at 10 05 p m to speak in favor of the proposed one percent (1%) administration fee and proposed Budget as presented to Council On a motion by Brosnan, seconded by Schwartz, it was #355-10 WHEREAS, Section 44 of the "General Property Tax Act" Public Act 206 of 1893, as amended, authorizes a local assessing unit to implement up to a one percent (1%) administration fee to offset costs incurred in assessing property values, collecting the property tax levies, and in the review and appeal processes, and Regular Meeting Minutes of October 20, 2010 37711 WHEREAS, it is the intention of the Livonia City Council to authorize the implementation of a property tax administration fee for a one (1) year period, NOW, THEREFORE, BE IT RESOLVED that the Treasurer of the City of Livonia is hereby authorized to implement a property tax administration fee in the amount of one half percent (0 5%) in accordance with the provisions of Section 44 of Public Act 206 of 1893, as amended, effective immediately for the 2011 Fiscal Year BE IT FURTHER RESOLVED that the authorization contained in this resolution shall be valid only for a one (1) year period ending November 30, 2011 A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Schwartz, Meakin, and McCann NAYS Toy, Pastor, and Laura Vice President Laura declared the resolution adopted President McCann resumed the gavel at 10 32 p m On a motion by Meakin, seconded by Brosnan, it was #356-10 WHEREAS, the Budget as submitted by the Mayor is based upon revenue assumptions and projections, and WHEREAS, the Council supports the adoption of a Budget that includes the implementation of a 0 5% administration fee on property tax collections rather than a 1°/0 administration fee, NOW, THEREFORE, BE IT RESOLVED, that the Council hereby determines that the Annual Budget for the Fiscal Year as submitted by the Mayor for the next Fiscal Year commencing December 1, 2010, and ending November 30, 2011, as shown in the Budget Document in Section I, submitted by the Mayor to the Council on September 15, 2010, as amended to reduce the proposed 1% property tax administration fee to a 0 5% property tax administration fee and to reflect a contribution of $918,546 from the Cable Fund to the General Fund and a reduction in the property tax administration fee revenue of $918,546, pursuant to Section 3, Chapter VII of the City Charter, be and is hereby determined adopted as amended, provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative reporting purposes, and Council approval is required for any modification to the amounts shown in Section I, and that all proceedings on said Budget be and hereby are Regular Meeting Minutes of October 20, 2010 37712 approved as being in full conformance with the City Charter, a Public Hearing having been held on October 4, 2010, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on September 26, 2010, and provided further that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the Minutes of this meeting A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Schwartz, Meakin, and McCann NAYS Laura, Toy, and Pastor The President declared the resolution adopted On a motion by Meakin, seconded by Schwartz, it was #357-10 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 0447 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 2010, and ending November 30, 2011, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia (a) The Council does hereby establish a tax levy of 8088 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (b) The Council does hereby establish a tax levy of 1 2134 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (c) The Council does hereby establish a tax levy of 8088 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, REVISED Regular Meeting Minutes of October 20, 2010 37713 pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for library services, supplies and facilities in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (d) The Council does hereby establish a tax levy of 0114 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 359 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia, in addition to the amount which is authorized to be levied for general municipal purposes, (e) The Council does hereby establish a tax levy of 1 8767 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 298 of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (f) The Council does hereby establish a tax levy of 4979 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, in addition to the amount authorized to be levied for general municipal purposes, (g) The Council does hereby establish a tax levy of 7855 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for a community recreation center, recreation personnel, equipment, supplies, facilities and operations, in addition to the amount authorized to be levied for general municipal purposes, (h) The Council does hereby establish a tax levy of 8893 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees in the City of Regular Meeting Minutes of October 20, 2010 37714 Livonia, in addition to the amount to be levied for general municipal purposes, (i) The Council does hereby establish a tax levy of 5000 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for the City's community transit program and capital improvements within the City of Livonia, in addition to the amount to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Toy, Brosnan, Schwartz, Meakin, and McCann NAYS Pastor The President declared the resolution adopted On a motion by Brosnan, seconded by Laura, it was #358-10 RESOLVED, that the Council does hereby refer the subject of eliminating full-time benefits for part-time employees (including names and positions of those employees receiving benefits) to the Administration for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Toy, Brosnan, Pastor, Meakin, and McCann NAYS Schwartz. The President declared the resolution adopted Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE Regular Meeting Minutes of October 20, 2010 37715 CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2010-07-01-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Department of Law, dated October 12, 2010, re the meaning of a "new direct connection", was received and placed on file for the information of the Council A communication from Joan Anderberg, Manager-Business Licensing, Target Corporation, dated October 8, 2010, re request for new SDM license and a new direct connection for Target store located at 29451 Plymouth Road, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Laura, it was #359-10 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 7, 2010, and the report and recommendation of the Chief of Police, dated September 22, 2010, approved for submission by the Mayor, the Council does hereby approve of the request from Target Corporation (a Minnesota Corporation), for a new SDM license and a new direct connection, for a business located at 29451 Plymouth Road, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Brosnan, Schwartz, Pastor, and McCann NAYS Toy and Meakin The President declared the resolution adopted Regular Meeting Minutes of October 20, 2010 37716 A communication from the AFSCME Local 192 President, dated October 18, 2010, re recommending performing municipal tree trimming services in- 411110 house, was received and placed on file for the information of the Council A communication from the Public Service Division, dated October 14, 2010, re indicating Branch Tree Service's willingness to extend pricing for an additional year for the 2011 Municipal Tree Trimming Program, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Brosnan, it was #360-10 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated September 23, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby refer the subject of extending the contract with Branch Tree Service, Inc for the 2011 Municipal Tree Trimming Program to the Committee of the Whole for its report and recommendation 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 Pastor, seconded by Schwartz, it was #361-10 RESOLVED, that having considered a communication from the City Planning Commission, dated September 15, 2010, which transmits its resolution 09-62-2010 adopted on September 14, 2010 with regard to Petition 2010-08-08-03 submitted by Nizam Abazid, requesting site plan approval in connection with a proposal to remodel the exterior of the commercial/office center (Livonia Plymouth Plaza) on property located on the south side of Plymouth Road between Harrison Avenue and Middlebelt Road (28801 Plymouth Road), in the Northwest 1/4 of Section 36, 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 2010-08-08-03 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of October 20, 2010 37717 1 That the Site Plan marked Sheet P-1 dated August 19, 2010, as revised, prepared by Ziad El-Baba Engineering, is hereby approved and shall be adhered to, 2 That the parking lot shall be repaired, resealed and restriped to the satisfaction of the Inspection Department and all parking spaces shall be double striped and measure ten feet (10') in width by twenty feet (20') in length, 3 That the Exterior Building Elevation Plan marked Sheet A-2 dated August 19, 2010, as revised, prepared by Ziad El-Baba Engineering, is hereby approved and shall be adhered to, 4 That the brick used in the construction shall be full face four (4") inch brick, 5 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, 6 In the event that a trash dumpster area is needed, all appropriate plans shall be submitted to the Inspection Department for their review and approval The three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use closed at all times, 7 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, 8 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 9 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, 10 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 Regular Meeting Minutes of October 20, 2010 37718 Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Brosnan, Schwartz, Pastor, Meakin, and McCann NAYS Toy The President declared the resolution adopted On a motion by Pastor, seconded by Toy, and unanimously adopted, it was #362-10 RESOLVED, that having considered the recommendation of the Department of Law, dated September 29, 2010, to add Chapter 42 (Installation and Maintenance of Grease Interceptors, Discharge Prohibitions) to Title 13 to ensure the proper capture and disposal of fats, oils and grease ("FOG") rather than being disposed of in the sanitary sewer system, the Council does hereby refer this matter to the Infrastructure and Community Transit Committee for its report and recommendation On a motion by Meakin, seconded by Brosnan, it was #363-10 RESOLVED, that having considered the recommendation of the Department of Law, dated September 30, 2010, to amend Section 240 of Title 10, Chapter 21 (Traffic Violations) to add an administrative processing fee for processing impounded vehicles resulting from an arrest, private property impounds and vehicles considered abandoned in the roadway, the Council does hereby determine to take no further action with regard to this matter A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Toy, Brosnan, Pastor, and Meakin NAYS Schwartz and McCann The President declared the resolution adopted On a motion by Toy, seconded by Schwartz, and unanimously adopted, it was #364-10 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 24, 2010, on all matters required Regular Meeting Minutes of October 20, 2010 37719 by Section 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first Public Hearing having been held thereon on October 11, 2010, after due notice as required by Section 3 08 070 of said Code, and 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 to make the improvement consisting of the installation of six (6) LED lights, three (3) to be mounted on existing poles and three (3) to be mounted on stock Code 06 poles in the Rosati Industrial Subdivision, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3 Approve the plans and specifications for the improvement as set forth in said statement dated August 24, 2010, 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; 6 Designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Lots 1 to 18, both inclusive, of the Rosati Industrial Subdivision, as recorded in Liber 36933, Pages 540-541, Wayne County Records, said subdivision being part of the S E 1/4 of Section 28, T 1 S , R 9E , City of Livonia, Wayne County, Michigan 7 Direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated August 24, 2010, 8 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 Regular Meeting Minutes of October 20, 2010 37720 On a motion by Toy, seconded by Laura, and unanimously adopted, it was #365-10 RESOLVED, that having considered a communication from the City Librarian, dated September 20, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations, in the total amount of $26,255 00, from the sources indicated therein for use by the Livonia Public Library as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $15,255 00 to Account No 702-000-285-271, $5,000 00 to Account No 702-000-285-272, and $6,000 00 to Account No 702-000-285-273 for the purposes as designated by the donors. On a motion by Toy, seconded by Meakin, and unanimously adopted, it was #366-10 RESOLVED, that having considered a communication from the Chief of Police, dated September 23, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $2,500 00 from Walmart Foundation, the same to be appropriated and credited to Account No 702-285-213 (Police Crime Prevention) for use in connection with 2011 Livonia Passport to Safety Event. On a motion by Brosnan, seconded by Toy, and unanimously adopted, it was #367-10 RESOLVED, that having considered a communication from the Fire Chief, dated September 24, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $2,500 00 from Walmart, the same to be appropriated and credited to Account No 702-285-336 (Fire Community Donations) for the purpose as designated by the donor On a motion by Brosnan, seconded by Meakin, and unanimously adopted, it was #368-10 RESOLVED, that having considered a communication from the Fire Chief, dated September 24, 2010, which bears the Regular Meeting Minutes of October 20, 2010 37721 signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $1,000 00 from Allstate, the same to be appropriated and credited to Account No 702-285-336 (Fire Community Donations) for the purpose as designated by the donor There was no Audience Communication at the end of the meeting On a motion by Laura, seconded by Brosnan, and unanimously adopted, this 1,667th Regular Meeting of the Council of the City of Livonia was adjourned at 10 52 p m a Terry A)Marecki, City Clerk