HomeMy WebLinkAboutMINUTES 2017-12-04
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND THIRTY-EIGHTH
REGULAR MEETING OF DECEMBER 4, 2017
On December 4, 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. Councilmember Jim Jolly, along with
Eagle Scout David Buckley from Troop 1382, and Boy Scout Troops 279 and
782 led the meeting in the Pledge.
Roll was called with the following result: Jim Jolly, Cathy White,
Scott Bahr, Brian Meakin, Brandon Kritzman, Maureen Miller Brosnan and
President Kathleen McIntyre. Absent: None.
Elected and appointed officials present: Mark Taormina, Director
of Planning and Economic Development; Dave Lear, Assistant City Engineer;
Don Knapp, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of
Legislative Affairs; Lynda Scheel, Treasurer; Dave Varga, Director of
Administrative Services; Ted Davis, Superintendent of Parks and Recreation;
Police Chief Curtis Caid; and Mayor Dennis Wright.
On a motion by White supported by Bahr, and unanimously
adopted, it was:
#386-17 RESOLVED, that the minutes of the 1,837th
Regular Meeting of Council held November 13, 2017 are
approved as submitted.
President McIntyre presented David Buckley from Troop 1382 with a
commendation for his achievement to the ranking of Eagle Scout.
Councilmember Jolly reported out on the progress of the Healthy Livonia
program from its inception in July of 2016 to present, acknowledging the efforts
of its members and cited some of their achievements over the past year.
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Regular Meeting Minutes of December 4, 2017
Councilmember Bahr stated that he would not be in attendance at the last
Council meeting of the year and wished to acknowledge the leadership of Joe
Taylor and appreciated his mentoring.
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Vice President Kritzman wished his daughter Alexandra a belated happy 5
birthday.
Councilmember Bahr wished his 14-year old daughter a happy upcoming
birthday.
President McIntyre acknowledged that both Councilmember Meakin and Mayor
Wright both have upcoming birthdays.
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Mayor Wright came to the podium and spoke about the success of the 1 Annual
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Christmas Parade that was held on Sunday, December 5 which gathered an
audience of 8 to 10,000 residents. He thanked everyone involved in putting the
event together and is looking forward to having the tradition continue.
President McIntyre also commented on the event and how all of the departments
in the City worked together to make it happen.
She then stated that there is new data on Item 12.
During Audience Communication, Anthony Dalimonte, 17142 Westbrook,
expressed his concerns to Council about the speed of the vehicles traveling on
Six Mile and suggested that more police presence in the area might better control
it.
President McIntyre thanked Mr. Dalimonte for coming before them and that both
the Mayor and the Police Chief were present in the audience and heard his
concerns.
Glenn Moon, 34461 Wood, came to the podium and stated that he wished to
address Council on the issue of “adult swim”, but due to the fact that there were
children in the audience he would table the discussion until the next meeting.
Police Chief Caid reminded residents that they will once again be holding the
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Citizens Police Academy starting February 22 and running every Wednesday
for ten weeks from 6:00 to 9:30 p.m. He stated it is a great opportunity to learn
about the Police Department and the services they provide. He said there is a
link on their website with the application to enroll and that class size is limited
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and that applications are due by January 5.
A communication from the Department of Finance, dated October 20, 2017,
re: forwarding various financial statements of the City of Livonia for the month
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Regular Meeting Minutes of December 4, 2017
ending September 30, 2017, was received and placed on file for the information
of the Council.
Vice President Kritzman, as Council’s delegate to SEMCOG, introduced
Kathleen Lomako, Executive Director, and invited her to the podium to give a
presentation on SEMCOG and an update of their programs.
President McIntyre thanked Ms. Lomako for the presentation and Vice President
Kritzman spoke of the value that SEMCOG brings to the community.
Councilmember White commented on the informative emails she receives from
the organization and that they are a valuable tool for communication.
On a motion by Brosnan, supported by White, it was:
#387-17 RESOLVED, that having considered a communication from
the City Engineer, dated October 31, 2017, approved for submission by
the Mayor, to which is attached a letter from Herman Meloche and Bonnie
Long, dated October 29, 2017, requesting a waiver of the sidewalk
requirement in front of the single-family home constructed at 15401
Loveland, in the S.W. ¼ of Section 15, 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 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.
#388-17 RESOLVED, that having considered a communication from
the Fire Chief, dated November 3, 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 one (1) Power Pro XT
Ambulance Cot and five (5) Power Load Ambulance Cot Loading
Systems, from Stryker Medical, 3800 E. Center Avenue, Portage, MI
49002, to improve safety for both its personnel and patients needing
emergency medical care, in a total amount not to exceed $125,733.45;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $125,733.45 from funds already budgeted in
Account No. 101-338-987-000 (Fire Suppression-Capital Outlay-Fire
Equipment) for this purpose; FURTHER, the Council does hereby
determine to authorize the said purchase without competitive bidding
inasmuch as Stryker Medical is the sole authorized dealer of ambulance
cots for compatibility with the department’s existing fleet of Stryker
ambulance cots 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.
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Regular Meeting Minutes of December 4, 2017
#389-17 RESOLVED, that having considered a communication from
the Fire Chief, dated November 3, 2017, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, with
regard to a request to approve a Tag-On Order from PL Custom
Emergency Vehicles, Inc., through Halt Fire, Inc., the Council does hereby
approve a tag-on order to the City’s most recent order with Halt Fire, INC.,
pursuant to Council Resolution 254-17, approved on JULY 24, 2017,
allowing the purchase of one (1) PL Custom Titan 170 Type 1 Ambulance
on a 2017 Freightliner M2 Chassis for a total cost not to exceed
$231,874.00, less $14,000.00 down payment, for a total amount not to
exceed $217,874.00, from Halt Fire, Inc., 50169 W. Pontiac Trail, Unit 5,
Wixom, Michigan 48393, to replace the current frontline Squad 6 2011
Medtec Freightliner M2, which will be downgraded to a reserve squad
status and replace the old reserve, a 2000 Medic Master FL60, which is
being removed from service and placed up for auction; FURTHER, the
Council does hereby authorize an expenditure in an amount not to exceed
$217,874.00 from funds budgeted in Account No: 101-338-985-000 (Fire
Suppression – Capital Outlay - Vehicles) for this purpose; FURTHER, the
Council does hereby authorize said purchase without competitive bidding
inasmuch as the same is being purchased through the Houston-Galveston
Area Council (HGAC) Cooperative Consortium and such action is taken
in accordance with the provisions set forth in Section 3.04.140D4 of the
Livonia Code of Ordinances, as amended; FURTHER, the Council does
hereby determine that the current 2000 Medic Master FL60 shall be
considered surplus property and authorizes the sale of same at auction
upon receipt of the new ambulance.
#390-17 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated November 3, 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 one (1)
2018 GMC Terrain AWD for a total cost not to exceed $26,439.20, to
replace a 2007 Chevy Trailblazer with 183,300 miles, and one (1) 2018
GMC sierra 2500HD 4 x 4 for a total cost not to exceed $34,193.00, to
replace a 2008 Yukon XL with 102,240 miles, for a total amount not to
exceed $60,632.20, from Todd-Wenzel Buick-GMC (formerly Red Holman
Buick-GMC), 35100 Ford Road, Westland, MI 48185, to be utilized by the
Fire Department; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $34,193.00 from funds already
budgeted in Account No: 101-338-985-000 (Fire Suppression – Capital
Outlay – Vehicle) and $26,439.20 from Account No. 101-341-985-000
(Fire Prevention – Capital Outlay – Vehicles), for this purpose; FURTHER,
the Council does hereby determine to authorize the said purchase without
competitive bidding inasmuch as the same is based upon the low State of
Michigan MI-Deal bid price under Contract No. 071B7700184 for the new
vehicle purchase, and such action is taken in accordance with the
provisions set forth in Section 3.04.140.D.4 of the Livonia Code of
Ordinances, as amended; FURTHER, the Council does hereby determine
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Regular Meeting Minutes of December 4, 2017
that the 2008 Yukon XL with 102,240 miles will be placed in a
reserve/back status and authorizes the disposal of the 2007 Chevy
Trailblazer with 183,300 miles at public auction hosted by the Michigan
Inter-governmental Trade Network (MITN) or commercial auction after
receipt of the new vehicle.
#391-17 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated November 3, 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
replacement Hurst E-Draulic Vehicle/Rescue Extrication Tools for a total
amount not to exceed $116,900.00, from Apollo Fire Equipment
Company, 12584 Lakeshore Drive, Romeo, MI 48065; FURTHER, the
Council does hereby authorize an expenditure in an amount not to exceed
$116,900.00 from funds already budgeted in Account No. 101-338-979-
000 (Fire Suppression– Capital Outlay – Fire Equipment) for this purpose;
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as Apollo Fire Equipment
Company is the sole authorized local dealer for HURST Jaws of Life, Inc.,
for the State of Michigan 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.
#392-17 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated November 3, 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)
replacement Zoll X-Series Bi-Phasic Cardiac Monitor/Defibrillators and
associated accessories for use by the fire department for a total amount
not to exceed $57,403.50, from Zoll Medical Corporation, 269 Mill Road,
Chelmsford, Massachusetts 01824-4105; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $57,403.50
from funds already budgeted in Account No. 101-338-979-000 (Fire
Fighting – Capital Outlay – Fire Equip.) for this purpose; FURTHER, the
Council does hereby authorize the said action without competitive bidding
for the reason that Zoll Corporation is the sole vendor for the X-Series 12-
lead Cardiac Monitor/Bi-phasic Defibrillator, 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
#393-17 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated November 1,
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 one (1) Sullair 185T4F-KUB Air Compressor, utilizing the
National Joint Powers Alliance (NJPA) Purchasing Contract which was
awarded to Alta Equipment, 56195 Pontiac Trail, New Hudson, MI 48165
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Regular Meeting Minutes of December 4, 2017
(under Contract No. 052015-SAC), in an amount not to exceed
$23,261.00, to be used by the Department of Public Works due to the high
demand in the field and the necessity for a second compressor which will
benefit the Department; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $23,261.00 from funds already
budgeted in Account No. 401-000-987-000 (Capital Outlay) for this
purpose; and the Director of Public Works is hereby authorized to approve
minor adjustments in the purchase as it becomes necessary; FURTHER,
the Council does hereby determine to authorize this purchase without
competitive bidding inasmuch as the same is based upon the low National
Joint Powers Alliance (NJPA) bid price (under Contract No. 052015-SAC),
and such action is taken in accordance with the provisions set forth in
Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended.
#394-17 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated November 1, 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 one (1) 15” Drum-Style
Chipper, Morbark Model Beever M15R, utilizing the National Joint Powers
Alliance (NJPA) Pricing, which was awarded TO Morbark, Inc., PO Box
1000, Winn, Michigan 48896 (under Contract No. 062117-MBI), for a total
cost not to exceed $56,028.75, to replace Chipper #255 which has far
exceeded its life expectancy; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $56,028.75 from
funds already budgeted in Account No. 205-527-987-000 (Refuse Fund)
for this purpose; and the Director of Public Works is hereby authorized to
approve minor adjustments in the purchase as it becomes necessary;
FURTHER, the Council does hereby determine to authorize this purchase
without competitive bidding inasmuch as the same is based upon the low
National Joint Powers Alliance (NJPA) bid price (under Contract No.
062117-MBI), and such action is taken in accordance with the provisions
set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as
amended.
#395-17 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated November 1, 2017, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the bid of Alta Equipment Company, 56195
Pontiac Trail, New Hudson, MI 48165, for the Purchase of one (1) Mauldin
690G Gravity Fed Asphalt Paver, to replace Paver #19 which was
purchased in 2001, for a total amount not to exceed $73,600.00; the same
having been the lowest bid received and meets all specifications;
FURTHER, the Council does hereby authorize the expenditure of a sum
not to exceed $73,600.00 from funds already budgeted in Account No.
401-000-987-000 (Capital Outlay) for this purpose; and the Director of
Public Works is hereby authorized to approve minor adjustments in the
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Regular Meeting Minutes of December 4, 2017
purchase as it becomes necessary; FURTHER, the Council does hereby
authorize the disposal of the replacement paver at public auction hosted
by the Michigan Inter-governmental Trade Network (MITN) or commercial
auction after receipt of the new paver.
#396-17 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated November 3,
2017, which bears the signature of the Director of Finance and is approved
for submission by the Mayor, the Council does hereby accept the bid of
Bidigare Contractors, Inc., PO Box 700464, Plymouth, Michigan 48170 for
completing all work required in connection with the installation of grease
traps at Fire Station #6 and Fire Station #3, for a total amount not to
exceed $51,494.42; the same having been the sole bid received and
meets all specifications; FURTHER, the Council does hereby authorize
the expenditure of a sum not to exceed $51,494.42 from funds already
budgeted in Account No. 401-000-987-000 (Capital Outlay) for this
purpose and the Director of Public Works is hereby authorized to approve
minor adjustments in the work as it becomes necessary but this
authorization does not entitle the Director of Public Works to authorize any
increase in the not to exceed amount or to contract with other parties; and
the Mayor and City Clerk are hereby authorized to execute a contract,
approved as to form and substance by the Department of Law, 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.
#397-17 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 20, 2017, approved for
submission by the Mayor, which transmits its resolution #10-59-2017,
adopted on October 17, 2017, with regard to Petition 2017-09-02-11,
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submitted by 10 Planet Michigan, L.L.C., to operate a martial arts and
yoga studio located on the east side of Farmington Road between the
CSX railroad right-of-way and Schoolcraft Road (12924 Farmington Road)
in the Northwest 1/4 of Section 27, the Council does hereby concur in the
recommendation made by the City Planning Commission and PETITION
2017-09-02-11 is hereby approved and granted, subject to the following
conditions:
1. That the Overall Site Plan, labeled Sheet No. S-1 and the Partial
Site Plan, labeled Sheet No. S-3, both prepared by F. Matthew Ray
Architect, as received by the Planning Commission on September
11, 2017, are hereby approved and shall be adhered to;
2. That adequate off-street parking shall be provided which shall be
sufficient to comply with the parking requirement for employees
and patrons as set forth in Section 18.38 (12) of the Zoning
Ordinance;
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Regular Meeting Minutes of December 4, 2017
3. That adequate lighting be provided in the parking areas and
walkways as determined by the Inspection Department; and
4. 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.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jolly, White, Bahr, Meakin, Kritzman, Brosnan and
McIntyre
NAYS: None
The President declared the resolutions adopted.
A letter from Karl Zarbo, Director of Construction, Lormax Stern, dated
December 4, 2017, re: Livonia Market II, LLC, Brownfield Plan, Brownfield
Reimbursement, was received and placed on file for the information of the
Council.
President McIntyre, as Chair of the Committee of the Whole, reported out on the
meeting of Wednesday, November 8, 2017.
On a motion by Bahr, supported by White, it was:
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 8,
2017, submitted pursuant to Council Resolution No. 363-17, and further
having considered a communication from the Livonia Brownfield
Redevelopment Authority, dated September 18, 2017, approved for
submission by the Mayor, and which transmits its resolution nos. 05-2017
and 06-2017, adopted on September 7, 2017, and the Council having
conducted a Public Hearing with regard to this matter on October 9, 2017,
the Council does hereby approve the Brownfield Plan for the former
Farmer Jack Supermarket property at 29601, 29659, and 29701 Seven
Mile Road, together with exhibits and schedules thereto, in the manner
and form herein submitted, subject to approval as to form and substance
by the City’s Law Department.
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Karl Zarbo, of Lormax Stern, was present to answer any questions of
Council.
Following discussion by Council, on a motion by Kritzman,
supported by Bahr, a motion was made to substitute the following
resolution in lieu of the foregoing:
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 8,
2017, submitted pursuant to Council Resolution No. 363-17, and further
having considered a communication from the Livonia Brownfield
Redevelopment Authority, dated September 18, 2017, approved for
submission by the Mayor, and which transmits its resolution nos. 05-2017
and 06-2017, adopted on September 7, 2017, and the Council having
conducted a Public Hearing with regard to this matter on October 9, 2017,
the Council does hereby authorize a Brownfield Plan for the former
Farmer Jack Supermarket property at 29601, 29659, and 29701 Seven
Mile Road, subject to the following conditions and limitations (1) Livonia
Market II, LLC’s reimbursement for eligible activities shall not exceed One
Million Six Hundred Thousand Dollars ($1,600,000.00); (2) the first year
of tax increment recapture will be 2019; (3) the period of reimbursement
for eligible activities and capture of funds for the LSRRF shall not exceed
eleven (11) years; (4) subject to the foregoing limitations, during the period
of reimbursement/tax capture, seventy-five percent (75%) of the tax
increment funds captured each year shall be dedicated to the
reimbursement of Livonia Market II, LLC’s eligible activities and twenty-
five percent (25%) of the tax increment funds captured each year shall be
used to cover administrative expenses as well as for deposit into the
LSRRF; and (5) all other terms and conditions of the Brownfield Plan are
subject to the review and approval of the City’s Law Department.
A roll call vote was then taken on the motion to substitute with the following
result:
AYES: White, Bahr, Kritzman and McIntyre
NAYS: Jolly, Meakin and Brosnan
The President declared the motion to substitute adopted.
On a motion by Kritzman, supported by Bahr, a roll call vote was then
taken on the substitute resolution as follows:
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Regular Meeting Minutes of December 4, 2017
#398-17 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 8,
2017, submitted pursuant to Council Resolution No. 363-17, and further
having considered a communication from the Livonia Brownfield
Redevelopment Authority, dated September 18, 2017, approved for
submission by the Mayor, and which transmits its resolution nos. 05-2017
and 06-2017, adopted on September 7, 2017, and the Council having
conducted a Public Hearing with regard to this matter on October 9, 2017,
the Council does hereby authorize a Brownfield Plan for the former
Farmer Jack Supermarket property at 29601, 29659, and 29701 Seven
Mile Road, subject to the following conditions and limitations (1) Livonia
Market II, LLC’s reimbursement for eligible activities shall not exceed One
Million Six Hundred Thousand Dollars ($1,600,000.00); (2) the first year
of tax increment recapture will be 2019; (3) the period of reimbursement
for eligible activities and capture of funds for the LSRRF shall not exceed
eleven (11) years; (4) subject to the foregoing limitations, during the period
of reimbursement/tax capture, seventy-five percent (75%) of the tax
increment funds captured each year shall be dedicated to the
reimbursement of Livonia Market II, LLC’s eligible activities and twenty-
five percent (25%) of the tax increment funds captured each year shall be
used to cover administrative expenses as well as for deposit into the
LSRRF; and (5) all other terms and conditions of the Brownfield Plan are
subject to the review and approval of the City’s Law Department.
with the following result:
AYES: White, Bahr, Kritzman and McIntyre
NAYS: Jolly, Meakin and Brosnan
The President declared the substitute resolution adopted.
On a motion by Kritzman, supported by Bahr, it was:
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 8,
2017, submitted pursuant to Council Resolution No. 363-17, and further
having considered a communication from the Livonia Brownfield
Redevelopment Authority, dated September 18, 2017, approved for
submission by the Mayor, and which transmits its resolution nos. 05-2017
and 06-2017, adopted on September 7, 2017, and the Council having
conducted a Public Hearing with regard to this matter on October 9, 2017,
the Council does hereby approve the development and reimbursement
agreement between the City of Livonia, the Brownfield Redevelopment
Authority, and Livonia Market II, LLC providing for reimbursement of
eligible costs pursuant to the Brownfield Plan for the former Farmer Jack
Supermarket property at 29601, 29659, and 29701 Seven Mile Road in
the manner and form herein submitted; and the Mayor and City Clerk are
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hereby authorized, for and on behalf of the City of Livonia, to execute such
Development and Reimbursement Agreement, subject to approval as to
form and substance by the City’s Law Department.
Following discussion by Council, a Friendly Amendment was made by Kritzman,
supported by Bahr
#399-17 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 8,
2017, submitted pursuant to Council Resolution No. 363-17, and further
having considered a communication from the Livonia Brownfield
Redevelopment Authority, dated September 18, 2017, approved for
submission by the Mayor, and which transmits its resolution nos. 05-2017
and 06-2017, adopted on September 7, 2017, and the Council having
conducted a Public Hearing with regard to this matter on October 9, 2017,
the Council does hereby authorize a Development and Reimbursement
Agreement between the City of Livonia, the Brownfield Redevelopment
Authority, and Livonia Market II, LLC providing for reimbursement of
eligible costs pursuant to the Brownfield Plan for the former Farmer Jack
Supermarket property at 29601, 29659, and 29701 Seven Mile Road
subject to the following conditions and limitations (1) Livonia Market II,
LLC’s reimbursement for eligible activities shall not exceed One Million
Six Hundred Thousand Dollars ($1,600,000.00); (2) the first year of tax
increment recapture will be 2019; (3) the period of reimbursement for
eligible activities and capture of funds for the LSRRF shall not exceed
eleven (11) years; (4) subject to the foregoing limitations, during the period
of reimbursement/tax capture, seventy-five percent (75%) of the tax
increment funds captured each year shall be dedicated to the
reimbursement of Livonia Market II, LLC’s eligible activities and twenty-
five percent (25%) of the tax increment funds captured each year shall be
used to cover administrative expenses as well as for deposit into the
LSRRF; and (5) all other terms and conditions of the Brownfield
Development and Reimbursement Agreement are subject to the review
and approval of the City’s Law Department.
with the following result:
AYES: White, Bahr, Kritzman and McIntyre
NAYS: Jolly, Meakin and Brosnan
The President declared the resolution adopted.
White gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 030 AND 040 OF
TITLE 2, CHAPTER 84 (PRIMARY AND REGULAR
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ELECTIONS), 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.
Jolly gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 35 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE Ill OF
ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. 3952 THERETO. (Petition 2017-07-01-04)
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.
Jolly invoked the Emergency Clause and gave second reading
to the foregoing Ordinance and a roll call vote was taken thereon with the
following result:
AYES: Jolly, White, Bahr, Meakin, Kritzman, Brosnan and
McIntyre
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Jolly, supported by Bahr, and unanimously
adopted, it was:
#400-17 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No. 434,
more particularly described in Council Resolution 345-17, adopted on
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October 16, 2017, 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 71-watt LED lights with colonial
luminaires with underground wiring in Mystic Creek Site Condominiums,
located east of Wayne Road and south of Curtis Road, in the Southeast
1/4 of Section 9, in said Special Assessment District No. 434; and the
Council having conducted a first public hearing on September 20, 2017
and a second public hearing on November 15, 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 71-watt LED lights with
colonial luminaires with underground wiring, and that the assessments set
forth in said Special Assessment District No. 434 Roll are fair and
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. 434 based on the installation of 71-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 $13,975.00 is hereby authorized to be expended from
the cash payments posted by or collected from the homeowners in Mystic
Creek Site Condominiums in order to defray the Detroit Edison
contribution-in-aid costs connected with this street lighting installation
project.
On a motion by Meakin, supported by Jolly, and unanimously adopted, it
was:
#401-17 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 8, 2017, approved
by the Director of Public Works, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, regarding an
additional appropriation and expenditure in connection with the Eight Mile
Road and Seven Mile Road improvements, West of Farmington Road,
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Regular Meeting Minutes of December 4, 2017
pursuant to an Intergovernmental Agreement (IGA) between the City of
Livonia and Wayne County, previously authorized in Council Resolution
#299-16, adopted on July 25, 2016, the Council does hereby appropriate
and authorize an expenditure from the unexpended fund balance of the
Major Road Fund in the not-to-exceed amount of $47,524.58 ($35,154.64
payable to Wayne County for Invoice #292448, along with an additional
5% contingency in the amount of $12,369.94 of the current total of
$247,398.64) for additional construction costs incurred related to the Eight
Mile Road and Seven Mile Road improvements, west of Farmington Road.
On a motion by Jolly, supported by Brosnan, and unanimously adopted, it
was:
#402-17 RESOLVED, that having considered a communication from
the Department of Law, dated November 8, 2017, approved for
submission by the Mayor, transmitting for Council acceptance a Grant of
Easement executed by David J. Henry, Jr., Vice President, Facilities
Management Operations, Trinity Senior Living Communities, for a 12-foot
wide public utility easement in connection with the development of the new
water main in the Southeast 1/4 of Section 14, more particularly described
as:
New 12-foot Water Main Easement
The centerline of a twelve (12.00) foot wide easement for water
main begin described as: Commencing at the Southeast Corner of
Section 14, Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan; thence N 01°11’00” E, 661.00 feet along the
Easterly Line of said Section 14, said line also being the centerline
of Middlebelt Road (60.00 feet half-width); thence N 88°37’43”W,
60.00 feet to a point on the Westerly Right-of-Way line of said
Middlebelt Road; thence N 01°11’00” E, 111.11 feet to the Point of
Beginning; thence N 88°38’46” W, 183.02 feet; thence N 01°21’14”
E, 176.84 feet; thence S 01°21’14” W, 176.84 feet; thence N
88°38’46” W, 187.12 feet; thence S 01°21’14” W, 10.67 feet; thence
N 01°21’14” E, 10.67 feet; thence N 88°38’46” W, 92.52 feet;
thence N 64°37’35” W, 94.41 feet; thence N 07°45’22” W, 104.01
feet; thence N 82°14’38” E, 15.88 feet; thence S 82°14’38”W, 15.88
feet; thence N 07°45’22”W, 47.38 feet; thence N 09°24’29” E, 58.62
feet; thence N 08°44’59” E, 38.12 feet; thence N 23°38’59” E, 55.38
feet; thence N 01°08’59” E, 51.93 feet to the Point of Ending.
The Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested
to have the same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the purpose of this
resolution.
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On a motion by White, supported by Kritzman, it was:
#403-17 RESOLVED, that having considered a communication from
the Department of Law, dated November 15, 2017, the Council does
hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the
Open Meetings Act, direct that a Closed Committee of the Whole meeting
be held for the purpose of discussing litigation matters and attorney/client
privileged communications in connection with pending litigation, City of
Livonia v Christopher Martin.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jolly, White, Bahr, Meakin, Kritzman, Brosnan
and McIntyre
NAYS: None
The President declared the foregoing resolution adopted.
There was no Audience Communication at the end of the meeting.
On a motion by Bahr, supported by Jolly, and unanimously adopted, this
1,838th Regular Meeting of the Council of the City of Livonia was adjourned at
8:25 p.m. on December 4, 2017.
_____________________
Susan M. Nash, City Clerk