HomeMy WebLinkAboutMINUTES 2017-01-30
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SEVENTEENTH
REGULAR MEETING OF JANUARY 30, 2017
On January 30, 2017 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by
President Kathleen McIntyre at 7:00 p.m. Vice President Brandon Kritzman led
the meeting in the Pledge.
Roll was called with the following result: Brandon Kritzman,
Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr and Kathleen
McIntyre. Absent: Brian Meakin.
Elected and appointed officials present: Mark Taormina, Director
or Economic Development and Planning; David Lear, Assistant City Engineer;
Don Knapp, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of
Legislative Affairs; Lynda Scheel, Treasurer; and Mayor Dennis Wright
On a motion by White, supported by Bahr, and unanimously
adopted, it was:
th
#24-17 RESOLVED, that the minutes of the 1816 Regular
Meeting of Council held January 18, 2017 are approved
as submitted.
th
Councilmember Bahr wished his son a Happy 11 Birthday which is February
rd
3.
President McIntyre sent belated birthday greetings to Jackie Higham of the
Council office and indicated both Don Knapp and Brandon Kritzman will be
celebrating birthdays in the coming week.
She then stated there is new data on Item #7.
During Audience Communication Edward Collins, 9659 Wayne Road, addressed
his concerns with regulations placed on vaping and was informed that that issue
will be more thoroughly discussed at the Study Meeting following the conclusion
of the Regular Meeting.
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Regular Meeting Minutes of January 30, 2017
On a motion by Jolly, supported by Brosnan, it was:
#25-17 RESOLVED, that having considered a communication from
Robert Rais, Knights of Columbus, dated January 17, 2017, which
requests permission to waive Section 8.32.070 (Noise Control) of the
Livonia Code of Ordinances, as amended, to allow a car show with a DJ
at Saint Colette’s Catholic Church, 17600 Newburgh Road, on Saturday,
June 3, 2017 from 9:00 a.m. to 3:00 p.m., the Council does hereby grant
permission as requested.
#26-17 RESOLVED, that pursuant to the provisions of Section 5,
Chapter VIII of the Charter of the City of Livonia, and based upon the
appointment of the Mayor, dated January 9, 2017, the Council does
hereby consent to and confirm the reappointment of Vahan Nazarian,
18202 Mayfield, Livonia, Michigan 48152, to the Board of Review for a
term of three years commencing February 17, 2017, and expiring
February 16, 2020.
#27-17 RESOLVED, that having considered a communication from
the Assessor, dated December 20, 2016, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, and in
accordance with Chapter VIII, Section 6 of the Charter of the City of
Livonia, the Council does hereby determine to approve the following dates
for the Board of Review to conduct Public Hearings in 2017, which Public
Hearings are to be conducted in the conference room of the City Assessor
on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan 48154:
FIRST SESSION
Tuesday March 7, 2017 Organizational Meeting 9:00 a.m. - 3:00 p.m.
Thursday March 9, 2017 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m.
Friday March 10, 2017 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m.
SECOND SESSION
Monday March 13, 2017 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m.
Tuesday March 14, 2017 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 9:00 p.m.
Thursday March 16, 2017 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m.
Friday March 17, 2017 9:00 a.m. - 12:00 p.m. 1:00 p.m. - 3:00 p.m.
FURTHER, the Council does hereby determine that the daily rate of
compensation to be paid to the members of the Board of Review shall be
$120.00 for the Chairperson and $100.00 for other members.
Pursuant to Public Act No. 165, Public Acts of 1971, we hereby give notice
that the following tentative ratios and multipliers will be used to determine
the State Equalized Value (S.E.V.) for the year 2016:
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Regular Meeting Minutes of January 30, 2017
CLASS RATIO S.E.V. FACTOR (MULTIPLIER)
Agricultural 50.00 1.0000
Commercial 50.00 1.0000
Industrial 50.00 1.0000
Residential 50.00 1.0000
Personal 50.00 1.0000
#28-17 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated January
5, 2017, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby authorize
the purchase of two (2) new avid systems, including set up of the
workstation PC, an LED-LCD TV Monitor, wall mounts, disc drive and THE
Avid Systems, to upgrade current equipment that is used daily to edit
programs by the Department of Community Resources from Keycode
Media, 1201 Wiley Road, Suite 100, Schaumburg, IL 60173, at a cost not
to exceed $36,508.18; FURTHER, the Council does hereby appropriate
and authorize the expenditure of a sum not to exceed $36,508.18 from
Account No. 297-751-983-000 (Cable-Capital Outlay) for this purpose;
FURTHER, the Council does hereby appropriate and authorize the
expenditure of a sum not to exceed $36,508.18 from Account No. 297-
751-983-000 (Cable-Capital Outlay) for this purpose; FURTHER, the
Council does hereby determine to authorize the said purchase without
competitive bidding inasmuch as Keycode Media is the sole source
provider for Avid Systems and no advantage to the City would result from
competitive bidding, and such action is taken in accordance with the
provisions set forth in Section 3.04.140.D.3 of the Livonia Code of
Ordinances, as amended.
#29-17 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
December 16, 2016, which bears the signature of the Director of Finance,
is approved for submission by the Mayor, and to which is attached a
proposed resolution authorizing the Master Equipment Lease-Purchase
Agreement between the City of Livonia and Wells Fargo Financial
Leasing, Inc., the Council does hereby accept the bid of Jacobson, a
Textron Company, 25125 Trans-X Rd., Novi, MI 48375, for the lease of
23 pieces of equipment to be used to maintain the Fox Creek, Whispering
Willows and Idyl Wyld Golf Courses for the total amount of $490,172.16,
with an annual lease payment of $98,034.43 for five years, the same
having been in fact the lowest bid received and meets all specifications;
FURTHER, the Council does hereby authorize an expenditure in the
amount of $490,172.16 from funds already budgeted in Account No. 409-
000-974-103, Account No. 409-000-074-101 and Account No. 409-000-
974-102 for this purpose; and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute the attached
Master Equipment Lease – Purchase Agreement with Wells Fargo
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Regular Meeting Minutes of January 30, 2017
Financial Leasing, Inc. and to do all other things necessary or incidental
to the full performance of this resolution.
#30-17 WHEREAS, the City Council of the City of Livonia, County
of Wayne, State of Michigan (the “City”) has determined to acquire golf
course equipment (the “Equipment”) in the amount of Four Hundred
Ninety Thousand One Hundred Seventy-Two Dollars and Sixteen Cents
($490,172.16); and
WHEREAS, under the provisions of Act No. 99, Public Acts of Michigan,
1933, as amended (“Act 99”), the City is authorized to enter into any
contracts or agreements for the purchase of the Equipment to be paid for
in installments over a period of not to exceed the useful life of the
Equipment acquired as determined by resolution of the City; and
WHEREAS, the outstanding balance of all purchases by the City under
Act 99, exclusive of interest, shall not exceed one and one quarter percent
(1-1/4%) of the taxable value of the real and personal property in the City
at the date of such contract or agreement; and
WHEREAS, purchase of the Equipment pursuant to an installment
purchase agreement will not result in the outstanding balance of all such
purchases in excess of the limitation contained within Act 99 as set forth
above; and
WHEREAS, it is necessary for the City to arrange for the financing of the
Equipment; and
WHEREAS, the City has received an offer to finance the Equipment in an
amount of $459,848.76 from Wells Fargo Financial Leasing, Inc. (“Wells
Fargo”) pursuant to a Master Equipment Lease-Purchase Agreement (the
“Lease-Purchase Agreement”).
NOW THEREFORE BE IT RESOLVED THAT;
1. The Finance Director is hereby authorized to arrange for the
financing of the Equipment with Wells Fargo pursuant to the Lease-
Purchase Agreement. Interest on the Lease-Purchase Agreement shall
not exceed 3.25% per annum, the aggregate principal amount of the
agreement shall not exceed $459,848.76, and the term of the Lease-
Purchase Agreement shall not exceed five (5) years. The Finance
Director is hereby authorized to execute the Lease-Purchase Agreement,
when in final form, and deliver it to Wells Fargo.
2. The useful life of the Equipment is hereby determined to be not less
than five (5) years.
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Regular Meeting Minutes of January 30, 2017
3. The Finance Director is authorized to execute such additional
documentation as shall be necessary to effectuate the closing
contemplated by the Lease-Purchase Agreement.
4. The City hereby agrees to include in its budget for each year,
commencing with the present fiscal year, a sum which will be sufficient to
pay the principal of and the interest coming due under the Lease-
Purchase Agreement during such fiscal year.
5. The City covenants that, to the extent permitted by law, it shall take
all actions within its control necessary to maintain the exclusion of the
interest component of the payments due under the Lease-Purchase
Agreement from adjusted gross income for general federal income tax
purposes under the Internal Revenue Code of 1986, as amended,
including but not limited to, actions relating to the rebate of arbitrage
earnings, if applicable.
6. The acquisition of the Equipment and the approval of the Lease-
Purchase Agreement hereby are found and declared to be for a valid
public purpose and in the best interest of the residents of the City.
7. All resolutions and parts of resolutions insofar as they conflict with
the provisions of this resolution be and the same hereby are rescinded to
the extent of such conflict.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Kritzman, Brosnan, Jolly, White, Bahr and McIntyre
NAYS: None
The President declared the resolutions adopted.
Jolly gave first reading to the following Ordinance:
AN ORDINANCE AMENDING CHAPTER 30 (SMOKING IN
PUBLIC PLACES) OF TITLE 8 OF THE LIVONIA CODE OF
ORDINANCES AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting.
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Regular Meeting Minutes of January 30, 2017
A correspondence from the Department of Law, dated January 13, 2017,
re: Proposed Amendment to Zoning Ordinance – Petition 2016-11-01-08, was
received and placed on file for the information of the Council.
White gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 32 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED
AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING
SECTION 3.________ THERETO. (PETITION 2016-11-01-08)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting.
On a motion by Brosnan, supported by Bahr, it was:
#31-17 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No. 431,
more particularly described in Council Resolution 455-16, adopted on
December 5, 2016, as required by the provisions of the City Charter and
Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the
City Council has duly met and reviewed the special assessments levied
in the special assessment roll prepared by the City Assessor to cover the
district in which street lighting is to be installed, such roll having been
prepared on the basis of installing 52-watt LED lights with colonial
luminaires with underground wiring in Arbor Trail Estates Site
Condominiums located north of Ann Arbor Trail between Wayne Road and
Newburgh Road, in the Southeast 1/4 of Section 32 in said Special
Assessment District No. 431; and the Council having conducted a first
public hearing on November 9, 2016 and a second public hearing on
January 11, 2017, with regard to this matter;
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, that the said Council does
hereby determine necessity for the installation of 52-watt LED lights with
colonial luminaires with underground wiring, and that the assessments set
forth in said Special Assessment District No. 431 Roll are fair and
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Regular Meeting Minutes of January 30, 2017
equitable and based upon benefits derived in said district, in accordance
with the plans of the City Engineer and resolutions of the City Council;
said Special Assessment Roll No.431 based on the installation of 52-watt
LED lights with colonial luminaires with underground wiring is hereby
approved and confirmed in all respects; pursuant to the provisions of
Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City
Clerk shall endorse the date of confirmation on the Assessment Roll, and
the assessment roll shall then be immediately transmitted to the City
Treasurer who shall take such further action as set forth in Title 3, Chapter
8 of the Livonia Code of Ordinances, as amended, and the Mayor and City
Clerk are hereby authorized to execute a Municipal Street Lighting
Agreement as provided by Detroit Edison for this purpose; and further, a
sum not to exceed $16,463.00 is hereby authorized to be expended from
the cash payments posted by or collected from the homeowners in Arbor
Trail Estates Site Condominiums in order to defray the Detroit Edison
contribution-in-aid costs connected with this street lighting installation
project.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kritzman, Brosnan, Jolly, White, Bahr and McIntyre
NAYS: None
The President declared the resolution adopted.
On a motion by Bahr, supported by Jolly, it was:
#32-17 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 14, 2016, which
transmits its resolution 12-108-2016, adopted on December 13, 2016, with
regard to Petition 2016-11-01-07, submitted by City of Livonia, requesting
to rezone the property located on the south side of Five Mile Road
between Farmington Road and Shadyside Street (33233-33243 Five Mile
Road) in the Northwest 1/4 of Section 22, from PL (Public Land) to C-1
(Local Business), and the Council having conducted a public hearing with
regard to this matter on Wednesday, January 11, 2017, the Council does
hereby approve Petition 2016-11-01-07, for preparation of the ordinance
for submission to Council; and the City Planner is hereby instructed to
cause the necessary map for publication to be prepared indicating the
zoning change herein approved and to furnish the same to the
Department of Law and, upon receipt of such map, the Department of Law
is requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution.
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Regular Meeting Minutes of January 30, 2017
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kritzman, Jolly, White, Bahr and McIntyre
NAYS: Brosnan
The President declared the resolution adopted.
Bahr spoke on the above agenda item and the reason for his support of the
rezoning.
There was no Audience Communication at the end of the meeting.
On a motion by Jolly, supported by Brosnan, and unanimously adopted,
this 1,817th Regular Meeting of the Council of the City of Livonia was adjourned
at 7:13 p.m. on January 30, 2017.
_____________________
Susan M. Nash
City Clerk