HomeMy WebLinkAboutCOUNCIL MINUTES 2013-10-21 38824
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND THIRTY NINTH
REGULAR MEETING OF OCTOBER 21, 2013
On October 21, 2013, 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 7 00 p m Robinson led the meeting with the Pledge of Allegiance
Roll was called with the following result: Thomas Robinson, Maureen
Miller Brosnan, Brandon Kritzman, James McCann, and John Pastor Absent: Joe
Laura and Laura Toy
Elected and appointed officials present: Mark Taormina, City Planner;
Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Terry Marecki, City
Clerk; Don Knapp, City Attorney; and Mayor Jack Kirksey
On a motion by Robinson, seconded by Brosnan, and unanimously
adopted, it was
#322-13 RESOLVED, that the Minutes of the 1,738th Regular Meeting
of the Council held October 7, 2013, are hereby approved as submitted
Vice President Pastor announced there would be two X-items addressed
at the end of the meeting following the Regular Agenda, the first item being blocking off
a street for a Halloween parade down Norwich and a subsequent party to be held on
Bretton Drive and the second matter being a request from the Department of Law to
schedule a closed Committee of the Whole meeting to discuss pending litigation, Jean
Ellen Warner v Brad Guerro and the City of Livonia
Brosnan announced on behalf of Senator Glenn Anderson local military
veterans are invited to see a free movie on Veterans Day at the AMC 20 Theater on
Haggerty Road in Livonia at 3 00 pm Monday, November 11, 2013 Brosnan
indicated this will be the Sixth Annual Free Veterans Day movie hosted by Senator
Anderson and the movie to be shown will be Argo Brosnan indicated interested
veterans can request two free tickets by contacting Senator Anderson at
www.senate.mi.qov/anderson
During Audience Communication, Christopher Martin, 12275 Inkster Road,
commented he has never seen Karen Smith, Editor with the Observer & Eccentric
Newspaper, present at a City Council meeting Mr Martin did not agree she should
endorse Council candidates running in the November election after only spending 30
Regular Meeting Minutes of October 21, 2013 38825
minutes with each candidate and felt it would make an unfair representation to Livonia's
constituents for Ms Smith to endorse candidates and preferred how the Chamber of
Commerce and League of Women Voters handled the matter
Vice President Pastor introduced Jennifer Helmer, present on behalf of the
Secretary of State's Office
Jennifer Helmer, Michigan Secretary of State on behalf of Ruth Johnson,
serving as Eastern Michigan Liaison, 295 N Maple, Ann Arbor, was present to provide
an update on the Secretary of State's activities Ms Helmer indicated the Livonia
Secretary of State Supercenter is one of the busiest and largest offices in the State and
is one of only a few locations to offer document certifications, a full line of certification
testing, and a 24/7 Service Stand located in the vestibule of the Supercenter Ms
Helmer indicated veterans will soon be able to purchase newly designed Veterans
drivers' licenses next Spring, which will make it easier to show they have served our
country Ms Helmer concluded by stating the number of adults signed up to be an
organ donor has increased to 43%, up from 27%, when Ruth Johnson took office as the
Secretary of State Ms Helmer indicated organ donation is a critical need throughout
the State and encouraged those interested to sign up to be an organ donor
A communication from the Department of Finance, dated September 20,
2013, re forwarding various financial statements of the City of Livonia for the month
ending August 31, 2013, was received and placed on file for the information of the
Council
A communication from the Department of Finance, dated September 24,
2013, re forwarding the Quarterly Investment Report for the City of Livonia as of August
31, 2013, was received and placed on file for the information of the Council
A communication from the Engineering Division, dated October 9, 2013,
re vacating of the Curtis Avenue alley at 18150 Fairfield Avenue as requested by Maria
and Neil Martinuzzi, was received and placed on file for the information of the Council
(Petition 2013-09-03-02)
On a motion by Robinson, seconded by Kritzman, it was.
#323-13 RESOLVED, that having considered Petition 2013-09-03-02,
submitted by Maria and Neil Martinuzzi, dated September 29, 2013,
wherein a request is submitted for the vacating of a certain portion of
unimproved Curtis Road, on the north side of the property located at
Regular Meeting Minutes of October 21, 2013 38826
18150 Fairfield Road, the Council does hereby refer this item to the City
Planning Commission for its report and recommendation in accordance
with provisions of law and City Ordinance
#324-13 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated September 25, 2013,
approved for submission by the Mayor, to which is attached a list of
recommended quarterly budget adjustments required for the third quarter
of the 2013 Fiscal Year budget, the Council does hereby authorize said
budget adjustments and transfers in the manner and form set forth in the
attachment.
A communication from the Livonia Housing Commission, dated
September 17, 2013, re transmitting the Livonia Housing Commission Audit Report for
the Fiscal Year ending December 31, 2012, excluding Silver Village, Newburgh Village,
the CDBG Program and single family City-owned properties, was received and placed
on file for the information of the Council
#325-13 RESOLVED, that having considered a communication from
the Director of Housing, dated September 19, 2013, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, submitted pursuant to Council Resolution 322-12, the Council does
hereby approve the sale to Ms Rose Cornelius of the following City-
owned property, further described as
12040 Arcola. Lot 180, also the westerly 1/2 of the adjacent vacated alley,
Schanhites Marquette Manor, Town 1 South, Range 9 East, Liber 61,
Page 63, Wayne County Records (Sidwell No 46-100-01-0180-000)
for a total purchase price of $65,000 00, the actions herein being taken in
order to best serve the interests of the community and in accordance with
Section 3 05 090.A of the Livonia Code of Ordinances, as amended,
FURTHER, the proceeds of such sale shall be allocated to the CDBG as
program income, and the Mayor and City Clerk are hereby requested to
execute Quit Claim Deeds and such other documents as may be
necessary or incidental to fulfill the purpose of this resolution, and the
Department of Law is hereby requested to prepare and place in proper
form such legal documents as may be necessary to consummate this
transaction, and the City Clerk is hereby requested to have said Quit
Claim Deeds 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
#326-13 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service - Operations,
Regular Meeting Minutes of October 21, 2013 38827
dated September 27, 2013, which bears the signature of the Director of
Public Works and the Director of Finance and is approved for submission
by the Mayor, the Council does hereby accept the bid of Pranam Global
Tech, Inc., 28980 Joy Road, Livonia, MI 48150, for completing all work in
connection with the repair of the roof at the Fox Creek Restaurant and
Clubhouse building, for a total amount not to exceed $62,500 00, said
amount having been in fact the lowest bid received for this item and meets
all specifications, FURTHER, the Council does hereby accept the bid of
Quality Roofing, 6201 Earhart Road, Ann Arbor, MI 48105, for completing
all work in connection with the repair of the roof at the City Hall building,
for a total amount not to exceed $448,700 00, with said amount having
been in fact the lowest bid received for this item and meets all
specifications, FURTHER, the Council does authorize an expenditure of
$511,200 00 from funds already budgeted in the Capital Projects Fund
(Account Nos 401-000-971-000 and 401-000-976-000), and the Mayor
and City Clerk are hereby authorized to execute a contract for and on
behalf of the City of Livonia with the aforesaid bidders and to do all other
things necessary or incidental to the full performance of this resolution
A communication from the Engineering Division, dated October 1, 2013,
re additional cost information for the 2012 Sidewalk Program — Contract 12-G, was
received and placed on file for the information of the Council (CR 177-12 and CR 241-
13)
#327-13 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 26, 2013, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and approved for submission by the Mayor, to which is
attached a summary outlining the final allocation of costs in connection
with the 2012 Sidewalk Program (Contract 12-G) pursuant to Council
Resolution Nos 177-12 and 241-13, the Council does hereby determine
as follows
1 To establish the final project cost at $747,281 67 of which total
$165,654.20 is to be charged to the Single Lot Assessments and
$581,627 47 is to be charged to the following City funds.
$388,820 44 (includes miscellaneous concrete and sidewalk work
done at Linden Wood Park, Rotary Park and Sesquicentennial
Park) to Account No 204-441-818-104 (Road, Sidewalk and Tree
Fund), $25,010.26 to the Unexpended Fund Balance of the
Michigan Transportation Fund (Major Road Account), $115,195 39
to the Unexpended Fund Balance of the Michigan Transportation
Fund (Local Road Account), $52,469 38 to the Unexpended Fund
Balance of the Water and Sewer Fund, and $132 00 to be invoiced
Regular Meeting Minutes of October 21, 2013 38828
to the Livonia Housing Commission for work done at City-owned
housing
2 Authorize an additional appropriation and expenditure in the
amount of $76,505 10 from Account No 204-441-818-104 (Road,
Sidewalk and Tree Fund) to cover additional slab replacements
related to repairs of sidewalks heaved by tree roots and for the
miscellaneous concrete and sidewalk work done at Linden Wood
Park, Rotary Park and Sesquicentennial Park.
3 Authorize an additional appropriation and expenditure of
$58,882 49 from the Unexpended Fund Balance of the Michigan
Transportation Fund (Local Road Account) to cover the costs
related to construction or reconstruction of additional handicap
ramps at major and local roads and other City costs and to cover
the administrative costs connected with this work.
4 Authorize an expenditure in an amount not to exceed $102,934 64
from funds budgeted to be paid to Zuniga Cement Construction,
Inc., 24620 Schoenherr Road, Suite 100, Warren, Michigan 48089,
as final payment for the work done and upon the final release by
the Engineering Division for work related to Contract 12-G
#328-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 23, 2013, which
transmits its resolution 09-54-2013, adopted on September 17, 2013, with
regard to Petition 2013-08-08-06 submitted by M K.0 Real Estate, L.L.0 ,
requesting site plan approval in connection with a proposal to demolish an
existing building and construct a new medical office building at 36622 Five
Mile Road, located on the north side of Five Mile Road between Levan
Road and Newburgh Road in the Southwest 1/4 of Section 1, pursuant to
the provisions set forth in Section 18 47 (8 02, 9 02, 18 58, 29 02 or 18 42
[Satellite Dishes]) of Ordinance No 543, as amended, and the Council
having conducted a public hearing with regard to this matter on
September 17, 2013, pursuant to Planning Commission Resolution 09-54-
2013, the Council does hereby concur in the recommendation made by
the Planning Commission and Petition 2013-08-08-06 is hereby approved
and granted, subject to the following conditions
1 That the Dimensioned Site Plan marked Sheet SE-1 dated August
23, 2013, prepared by Zeimet Wozniak & Associates, is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet L101 dated September 16,
2013, prepared by Deak Planning & Design, is hereby approved
and shall be adhered to, except that the Petitioner shall be required
to come back to the Planning Commission for approval prior to
Regular Meeting Minutes of October 21, 2013 38829
constructing the 30 "banked" parking spaces shown along the front
of the property;
3 That all disturbed lawn areas shall be sodded in lieu of hydro-
seeding,
4 That the Exterior Building Elevation Plans marked Sheets A-4 & A-
5 dated August 23, 2013, prepared by Hobbs+Black Architects, are
hereby approved and shall be adhered to, with the proviso that the
architect shall investigate lowering the height of the rooftop
mechanical screen,
5 That the brick used in the construction shall be full face four (4")
inch brick,
6 That 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 the servicing of the trash dumpster and the testing of the
generator be conducted during normal business hours so as not to
disturb the adjacent residential property owners,
8 That this site shall meet the City of Livonia Storm Water
Management Ordinance, and the Petitioner shall secure a soil
erosion and sedimentation control permit from the City of Livonia,
9 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 second monument
sign not to exceed six (6) feet in height and 30 square feet in area
shall be permitted adjacent to the entrance drive off Levan Road,
subject to Zoning Board of Appeals approval,
10 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
11 That all light fixtures shall not exceed twenty feet (20') in height and
shall be aimed and shielded so as to minimize stray light
trespassing across property lines and glaring into adjacent
roadways,
Regular Meeting Minutes of October 21, 2013 38830
12 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
13 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period of
one year only from the date of approval by the City Council, and
unless a building permit is obtained and construction is
commenced, this approval shall be null and void at the expiration of
said period
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Robinson, Brosnan, Kritzman, McCann, and Pastor
NAYS None
A communication from the Office of the Mayor, dated September 13,
2013, re Preliminary Budget Documents for Fiscal Year 2013-2014, was received and
placed on file for the information of the Council (CR 240-13)
A communication from the Office of the Mayor, dated September 13,
2013, re Supplement to Preliminary Budget 2013-2014 Personnel Worksheets, was
received and placed on file for the information of the Council (CR 240-13)
On a motion by Robinson, seconded by McCann, and unanimously
adopted, it was
#329-13 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, 2013, and ending November 30,
2014, as shown in the Budget Document in Section I, submitted by the
Mayor to the Council on September 13, 2013, pursuant to Section 3,
Chapter VII of the City Charter, be and hereby is determined and adopted,
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 2, 2013, after proper notice being published in the
Livonia Observer and Eccentric, the official newspaper of the City, 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
On a motion by Robinson, seconded by Brosnan, it was
Regular Meeting Minutes of October 21, 2013 38831
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, 2013, and ending
November 30, 2014, 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 1 7000 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
and fire personnel and support costs 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 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,
(e) The Council does hereby establish a tax levy of 0130 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
Regular Meeting Minutes of October 21, 2013 38832
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,
(f) 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,
(g) 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,
(h) 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,
(i) The Council does hereby establish a tax levy of 2500 mills, of the
Taxable Valuation of all ready 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 staff,
maintenance, and support costs for cultural and senior services in
the City, including the Livonia Senior Center and Greenmead
Historical Village, in addition to the amount authorized to be levied
for general municipal purposes,
(j) The Council does hereby establish a tax levy of 2 3767 mills, of the
Taxable Valuation of all real and personal property subject to
taxation in the City of Livonia for the fiscal year commencing
December 1, 2013, and ending November 30, 2014, pursuant to
the provisions of Act 298 of the Public Acts of 1917, for the purpose
of establishing, operating, maintaining and administering the
41100 Municipal Garbage Collection System and/or plant for the collection
and disposal of garbage and refuse in the City of Livonia, in
Regular Meeting Minutes of October 21, 2013 38833
addition to the amount authorized to be levied for general municipal
purposes,
(k) 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 commencing
December 1, 2013, and ending November 30, 2014, 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,
(I) The Council does hereby establish a tax levy of 2 0000 mills to be
due and payable on July 1, 2014, of the Taxable Valuation of all
real and personal property located within the Plymouth Road
Development Authority, subject to taxation in the City of Livonia for
the fiscal year commencing December 1, 2013, and ending
November 30, 2014, pursuant to the provisions of Act 197 of the
Public Acts of 1975, for the purpose of providing revenues for
obligations and operations of the Plymouth Road Development
Authority, 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.
On a motion by McCann, seconded by Kritzman, it was
RESOLVED, that the City Council does hereby determine, in
lieu of the foregoing resolution, to substitute the following
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, 2013, and ending
November 30, 2014, 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
Regular Meeting Minutes of October 21, 2013 38834
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 1 7000 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
and fire personnel and support costs 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 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,
(e) The Council does hereby establish a tax levy of 0130 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,
(f) 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,
Regular Meeting Minutes of October 21, 2013 38835
(g) 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,
(h) 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,
(i) The Council does hereby establish a tax levy of .2500 mills, of the
Taxable Valuation of all ready 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 staff,
maintenance, and support costs for cultural and senior services in
the City, including the Livonia Senior Center and Greenmead
Historical Village, in addition to the amount authorized to be levied
for general municipal purposes,
(j) The Council does hereby establish a tax levy of 2 4267 mills, of the
Taxable Valuation of all real and personal property subject to
taxation in the City of Livonia for the fiscal year commencing
December 1, 2013, and ending November 30, 2014, 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,
(k) The Council does hereby establish a tax levy of 5979 mills, of the
Taxable Valuation of all real and personal property subject to
taxation in the City of 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,
(I) The Council does hereby establish a tax levy of 2.0000 mills to be
due and payable on July 1, 2014, of the Taxable Valuation of all
real and personal property located within the Plymouth Road
Regular Meeting Minutes of October 21, 2013 38836
Development Authority, subject to taxation in the City of Livonia for
the fiscal year commencing December 1, 2013, and ending
November 30, 2014, pursuant to the provisions of Act 197 of the
Public Acts of 1975, for the purpose of providing revenues for
obligations and operations of the Plymouth Road Development
Authority, 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 motion to substitute as follows
AYES Kritzman, McCann, and Pastor
NAYS Robinson and Brosnan
Vice President Pastor declared the motion to substitute adopted
A roll call vote was then taken on the proposed substitute resolution by McCann,
seconded by Kritzman, as follows.
#330-13 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, 2013, and ending
November 30, 2014, 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,
Regular Meeting Minutes of October 21, 2013 38837
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 1 7000 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
and fire personnel and support costs 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 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,
(e) The Council does hereby establish a tax levy of 0130 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,
(f) 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,
(g) 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,
Regular Meeting Minutes of October 21, 2013 38838
(h) 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,
(i) The Council does hereby establish a tax levy of .2500 mills, of the
Taxable Valuation of all ready 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 staff,
maintenance, and support costs for cultural and senior services in
the City, including the Livonia Senior Center and Greenmead
Historical Village, in addition to the amount authorized to be levied
for general municipal purposes,
(j) The Council does hereby establish a tax levy of 2 4267 mills, of the
Taxable Valuation of all real and personal property subject to
taxation in the City of Livonia for the fiscal year commencing
December 1, 2013, and ending November 30, 2014, 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,
(k) The Council does hereby establish a tax levy of 5979 mills, of the
Taxable Valuation of all real and personal property subject to
taxation in the City of 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,
(I) The Council does hereby establish a tax levy of 2 0000 mills to be
due and payable on July 1, 2014, of the Taxable Valuation of all
real and personal property located within the Plymouth Road
Development Authority, subject to taxation in the City of Livonia for
the fiscal year commencing December 1, 2013, and ending
November 30, 2014, pursuant to the provisions of Act 197 of the
Public Acts of 1975, for the purpose of providing revenues for
obligations and operations of the Plymouth Road Development
Authority, in addition to the amount to be levied for general
municipal purposes,
Regular Meeting Minutes of October 21, 2013 38839
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
with the following result:
AYES Kritzman, McCann, and Pastor
NAYS Robinson and Brosnan
Vice President Pastor declared the resolution adopted
Christopher Martin, 12275 Inkster Road, addressed Council to express his opinion
contract items should be sent out for bid to get the best competitive price and to
maintain a balanced Budget through reduced costs and expenses for the City
A communication from the Department of Law, dated September 26,
2013, re updated information on massage therapy licensure and whether the new State
law required background checks be performed on applicants, was received and placed
on file for the information of the Council (CR 35-13)
A communication from the Department of Law, dated September 19,
2013, re information on massage therapy licensure and new State law which bars local
municipalities from licensing Massage Apprentices and Massage Therapist applicants,
was received and placed on file for the information of the Council (CR 35-13)
On a motion by McCann, seconded by Kritzman, and unanimously
adopted, it was
#331-13 RESOLVED, that having considered a request regarding the
licensing process for Massage Apprentices and Massage Therapists, the
Council does hereby direct that this matter be referred to the Planning
Commission for its report and recommendation
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was
Regular Meeting Minutes of October 21, 2013 38840
#332-13 RESOLVED, that having considered a request regarding the
licensing process for Massage Apprentices and Massage Therapists, the
Council does hereby direct the Department of Law to draft a resolution to
be sent to the State of Michigan legislature to allow local governments to
require background checks as part of the State law regarding the licensing
process for Massage Therapists
A communication from the Department of Law, dated September 19,
2013, re proposed amendment to the City of Livonia Code of Ordinances with regard to
the rehabilitation of rental homes, was received and placed on file for the information of
the Council (CR 171-13)
An email communication from Audra Driscoll, dated July 16, 2013, re
request to change the Ordinance relative to the rehabilitation of rental homes to prevent
"recovery homes" from being located within residential neighborhoods, was received
and placed on file for the information of the Council (CR 171-13)
A communication from Jean Zelle, 20171 Maplewood, Livonia, dated July
15, 2013, re concerns about a residential group home within her neighborhood and
subsequent incidents which resulted in police involvement, was received and placed on
file for the information of the Council (CR 171-13)
Kritzman gave first reading to the following Ordinance
AN ORDINANCE AMENDING CHAPTER 52 (HOTELS, MOTOR
COURTS, LODGINGHOUSES, ROOMING-HOUSES, ONE-FAMILY
RENTAL DWELLINGS, TWO-FAMILY RENTAL DWELLINGS AND
MULTIPLE-FAMILY RENTAL DWELLINGS) OF TITLE 5, OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED (CR 171-13)
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 McCann, seconded by Brosnan, and unanimously
adopted, it was
Regular Meeting Minutes of October 21, 2013 38841
#333-13 RESOLVED, that having considered the recommendation of
the Legislative Affairs Committee, dated September 24, 2013, submitted
pursuant to CR 297-12, regarding the subject of fireworks, the Council
does hereby determine to take no further action with regard to this matter
imp
On a motion by Brosnan, seconded by McCann, and unanimously
adopted, it was
#334-13 RESOLVED, that having considered the recommendation of
the Legislative Affairs Committee, dated September 24, 2013, submitted
pursuant to CR 223-13, regarding the subject of elected officials' salary
and compensation packages, the Council does hereby determine to take
no further action with regard to this matter
Kritzman stepped down from the podium at 7 34 p m to avoid any perceived conflict of
interest.
A communication from the Department of Public Service, received in the
Office of the City Clerk on September 20, 2013, entitled "Evaluation of Qualification
Based Selection Process (QBS) — City of Livonia (2010 to 2012)", was received and
placed on file for the information of the Council (CR 49-10)
A communication from the Engineering Division, dated September 24,
2013, re enclosing request letters from OHM Advisors, Spalding DeDecker Associates,
Inc., Anderson, Eckstein and Westrick, Inc., and Hubbell, Roth & Clark, Inc. to extend
the QBS Professional Services contracts relative to professional engineering consulting
services, was received and placed on file for the information of the Council (CR 49-10)
On a motion by Brosnan, seconded by McCann, it was
#335-13 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit Committee,
dated September 25, 2013, regarding the subject of Quality Based
Selection (QBS) process for future proposals relating to professional
engineering consulting services, the Council does hereby authorize the
Administration, for and on behalf of the City of Livonia to negotiate a three
year extension of the QBS contracts between the City of Livonia and OHM
Advisors, Spalding DeDecker Associates, Inc , Anderson, Eckstein and
Westrick, Inc., and Hubbell, Roth & Clark, Inc
Regular Meeting Minutes of October 21, 2013 38842
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Brosnan, McCann, and Pastor
NAYS None
Vice President Pastor declared the resolution adopted
Kritzman returned to the podium at 7 38 p m
A communication from the Department of Law, dated September 18,
2013, re legal analysis of the possible creation of a specially designated sidewalk fund
to offset the cost of future sidewalk connectivity issues in the City, was received and
placed on file for the information of the Council (CR 66-13)
On a motion by Brosnan, seconded by Kritzman, and unanimously
adopted, it was
#336-13 RESOLVED, that having considered the recommendation of
the Legislative Affairs Committee regarding the subject of establishing a
sidewalk waiver fund, the Council does hereby determine to take no
further action with regard to this matter
A communication from the Michigan Department of Transportation entitled
"MDOT Project Fact Sheet", presented at the Public Informational meeting held
September 18, 2013, re the 1-96 Reconstruction Project for 2014, was received and
placed on file for the information of the Council (CR 36-13)
Brosnan provided a verbal update on the subject of the 1-96
Reconstruction Project for 2014 and indicated the subject matter would remain in the
Infrastructure and Community Transit Committee meeting at this time (CR 36-13)
On a motion by Brosnan, seconded by McCann, and unanimously
adopted, it was
#337-13 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 30,
2013, submitted pursuant to Council Resolution 345-11, regarding the
subject of the tax abatement grid and guidelines, the Council does hereby
refer the subject of appropriate duration guidelines for the use of PA 210
Regular Meeting Minutes of October 21, 2013 38843
to the Planning and Economic Development Director for his report and
recommendation
On a motion by Brosnan, seconded by McCann, and unanimously
dap
adopted, it was
#338-13 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 30,
2013, submitted pursuant to Council Resolution 345-11, regarding the
subject of the tax abatement grid and guidelines, the Council does hereby
request a report from the Planning and Economic Development Director
on the various economic developments the City has experienced within
the last year
A communication entitled "City of Livonia, Michigan Tax Incentive Policy
under Public Act 198 of 1974, as amended", dated February 22, 2012, was received
and placed on file for the information of the Council (CR 345-11)
A communication from Dan Laible, Chief Financial Officer for NYX, Inc ,
dated September 30, 2013, re local municipal tax abatements for businesses within the
City, was received and placed on file for the information of the Council (CR 345-11)
A communication from the Department of Law, dated September 25,
2013, re setting up the schedule of Council meetings for the calendar year of 2014, was
received and placed on file for the information of the Council (CR 38-12)
A communication from the Office of the City Clerk, dated September 27,
2013, re setting up the schedule of Council meetings for the calendar year of 2014, was
received and placed on file for the information of the Council (CR 38-12)
A communication from the Office of the Council, dated September 26,
2013, re attaching two sample schedules of Council Study and Regular meetings
(Schedule A and Schedule B) for the period January 1, 2014, through December 31,
2014, was received and placed on file for the information of the Council (CR 38-12)
On a motion by Brosnan, seconded by Robinson, it was
Regular Meeting Minutes of October 21, 2013 38844
RESOLVED, that having considered a communication from
the Office of the Council, to which is attached Schedule B, a proposed
schedule of Council Study and Regular Meetings for the period January 1,
2014, through December 31, 2014, the Council does hereby approve the
following dates for City Council Meetings for 2014 (Mondays and
Wednesdays), subject to change with notice
ADOPTED BY THE LIVONIA CITY COUNCIL AT THE
REGULAR MEETING OF OCTOBER 21, 2013
LIVONIA CITY COUNCIL MEETING SCHEDULE — 2014*
STUDY MEETINGS REGULAR MEETINGS
JANUARY
Monday, January 6 Wednesday, January 15
Wednesday, January 22 Wednesday, January 29
FEBRUARY
Monday, February 3 Wednesday, February 12
Wednesday, February 19 Wednesday, February 26
MARCH
Monday, March 3 Wednesday, March 12
Monday, March 17 Wednesday, March 26
APRIL
Monday, March 31 Wednesday, April 9
Wednesday, April 16 Wednesday, April 23
MAY
Monday, April 28 Wednesday, May 7
Monday, May 12 Wednesday, May 21
JUNE
Wednesday, May 28 Wednesday, June 4
Monday, June 9 Monday, June 18
JULY
Monday, June 23 Wednesday, July 2
Monday, July 7 Wednesday, July 16
AUGUST
Monday, July 21 Wednesday, August 13
Monday, August 18 Wednesday, August 27
SEPTEMBER
Wednesday, September 3 Wednesday, September 10
Monday, September 15 Wednesday, September 24
OCTOBER
Monday, September 29 Wednesday, October 8
Monday, October 13 Wednesday, October 22
NOVEMBER
Monday, October 27 Wednesday, November 5
Wednesday, November 10 Wednesday, November 19
DECEMBER
Monday, November 24 Wednesday, December 3
Monday, December 8 Wednesday, December 17
Regular Meeting Minutes of October 21, 2013 38845
*Subject to Change with Notice
A roll call vote was taken on the foregoing motion with the following result:
AYES Robinson and Brosnan
NAYS Kritzman and Pastor
ABSTAIN McCann
Vice President Pastor declared the resolution failed for lack of support.
On a motion by McCann, seconded by Kritzman, and unanimously
adopted, it was
#339-13 RESOLVED, that having considered a communication from
the Office of the Council, to which was attached Schedules A and B,
proposed schedules of Council Study and Regular meetings for the period
January 1, 2014, through December 31, 2014, the Council does hereby
determine to put this matter over to its next scheduled Regular meeting for
discussion
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 2013-05-03-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Robinson, Brosnan, Kritzman, McCann, and Pastor
NAYS None
Vice President Pastor declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by McCann, seconded by Kritzman, it was
RESOLVED, that having considered a communication from
the Civil Service Director, dated September 18, 2013, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which sets forth a resolution adopted by the Civil Service
Commission on September 17, 2013, wherein the Commission approved
the request to establish a new part-time twenty (20) hour per week
Regular Meeting Minutes of October 21, 2013 38846
classification of Level 4 Appraiser, the Council does hereby concur in and
approve the recommendation of the Civil Service Commission to establish
the classification of Part-Time Level 4 Appraiser; FURTHER, the Council
concurs in and approves the recommended flat rate salary of $45,000 00
per year for all hours worked, payable in equal bi-weekly amounts of
$1,730 77, FURTHER, that the Commission is to reevaluate said hours
and salary when the position becomes vacant in the future
On a substitute motion by Robinson, seconded by Brosnan, it was
RESOLVED, that having considered a communication from
the Civil Service Director, dated September 18, 2013, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which sets forth a resolution adopted by the Civil Service
Commission on September 17, 2013, wherein the Commission approved
the request to establish a new part-time twenty (20) hour per week
classification of Level 4 Appraiser, the Council does hereby concur in and
approve the recommendation of the Civil Service Commission to establish
the classification of Part-Time Level 4 Appraiser; FURTHER, the Council
does hereby require the employee who obtains the position shall not be
subject to collect two City pensions, as outlined in Public Act 75 of 2010
Robinson and Brosnan then withdrew the substitute motion
Following discussion by Council, a roll call vote was then taken on the originally
proposed resolution made by McCann, seconded by Krtizman, as follows
#340-13 RESOLVED, that having considered a communication from
the Civil Service Director, dated September 18, 2013, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which sets forth a resolution adopted by the Civil Service
Commission on September 17, 2013, wherein the Commission approved
the request to establish a new part-time twenty (20) hour per week
classification of Level 4 Appraiser, the Council does hereby concur in and
approve the recommendation of the Civil Service Commission to establish
the classification of Part-Time Level 4 Appraiser; FURTHER, the Council
concurs in and approves the recommended flat rate salary of $45,000 00
per year for all hours worked, payable in equal bi-weekly amounts of
$1,730 77, FURTHER, that the Commission is to reevaluate said hours
and salary when the position becomes vacant in the future
with the following result:
AYES Brosnan, Kritzman, McCann, and Pastor
NAYS Robinson
Vice President Pastor declared the resolution adopted
Regular Meeting Minutes of October 21, 2013 38847
On a motion by Robinson, seconded by Brosnan, it was
#341-13 RESOLVED, that at the request of Councilmember Thomas
Robinson, the subject matter of prohibiting City employees from collecting
two separate pensions from the City, the Council does hereby refer this
matter 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 Robinson, Brosnan, and Kritzman
NAYS McCann and Pastor
Vice President Pastor declared the resolution adopted
A communication from the Engineering Division, dated October 18, 2013,
re additional estimated cost information on the Levan Road Sanitary Sewer Project
Special Assessment District should other alternatives be pursued with the two lowest
bidders involved, was received and placed on file for the information of the Council
(CR 178-13)
A communication from Dr Nawaf Masri, Masri Orthodontics, dated
October 16, 2013, re expressing support to rescind Council Resolution 178-13 and
elect not to award a contract for the Levan Road Sanitary Sewer Project Special
Assessment District and requesting alternative options be pursued to ensure the safety
of the sanitary sewer line involved, was received and placed on file for the information of
the Council (CR 178-13)
A communication from Dr Patricia Fleming, Dr Vincent Masell and Dr
Laura Kulinski, Levan Road Veterinary Hospital, dated October 15, 2013, re expressing
support to rescind Council Resolution 178-13 and elect not to award a contract for the
Levan Road Sanitary Sewer Project Special Assessment District, was received and
placed on file for the information of the Council (CR 178-13)
Regular Meeting Minutes of October 21, 2013 38848
A communication from the Department of Law, dated October 14, 2013,
re legal opinion on City's obligation to take jurisdiction over a private sanitary sewer
lead with regard to the proposed Levan Road Sanitary Sewer Project Special
Assessment District, was received and placed on file for the information of the Council
(CR 178-13)
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was.
#342-13 RESOLVED, that in connection with a communication from
the Engineering Division, dated September 25, 2013, requesting to
rescind CR 178-13, regarding bids received for the Levan Road Sanitary
Sewer Project Special Assessment District, located on the east side of
Levan Road (15160, 15200, and 15230) the Council does hereby repeal
and rescind Council Resolution 178-13 and elects not to award a contract
for same
Dr Vince Masell, Levan Road Veterinary Hospital, 15200 Levan Road, Livonia, thanked
City Engineer and Council for their assistance with this matter and inquired if it could not
be a reduced Special Assessment District and expressed his concern for the safety of
the sanitary sewer line in question
Dr Patricia Fleming, Levan Road Veterinary Hospital, 15200 Levan Road, Livonia,
thanked City Engineer and Council for their assistance with this matter and agreed with
comments made by her business partner, Dr Vince Masell
Dr Nawaf Masri, Masri Orthodontics, 35200 Schoolcraft Road, Livonia, addressed
Council to inquire how the proposed sewer project should proceed if the Council
rescinds the previously adopted Council Resolution
An email communication from the Engineering Division, dated October 18,
2013, and including an email communication from Stephen B Dearing, P E , PTOE,
OHM Advisors, Inc , dated October 18, 2013, re the intersection at Middlebelt and
Millenium Drive (east) and Industrial (west) and possible solutions to traffic congestion
in that area as the property continues to be developed, was received and placed on file
for the information of the Council (Petition 2013-08-02-20)
Regular Meeting Minutes of October 21, 2013 38849
On a motion by Robinson, seconded by McCann, and unanimously
adopted, it was
#343-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 18, 2013, which
transmits its resolution 09-52-2013 adopted on September 17, 2013, with
regard to Petition 2013-08-02-20, submitted by S & Z Restaurants, L.L.0
requesting waiver use approval to construct and operate a full service
restaurant including drive-up window facilities (Culver's) on property
located on the east side of Middlebelt Road between the CSX Railroad
right-of-way and Schoolcraft Road in the Northwest % of Section 25, which
property is zoned C-2, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2013-08-02-20
is hereby approved and granted, subject to the following conditions.
1 That the Site Plan marked Sheet 1 prepared by Fairway
Engineering, L.L.0 , dated August 2013, is hereby approved and
shall be adhered to,
2 That pavement markings be provided across the drive aisle and
drive-up lane leading to the entrance on the east side of the
building for pedestrian safety purposes,
3 That the Landscape Plan marked LP-1 prepared by J Brian Devlin,
R.L.A., dated August 28, 2013, as revised, is hereby approved and
shall be adhered to,
4 That all disturbed lawn areas shall be sodded in lieu of hydro-
seeding,
5 That underground sprinklers are to be provided for all landscaped
and sodded areas and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
6 That the maximum customer seating count shall not exceed a total
of one hundred thirty-one (131) seats, including one hundred
nineteen (119) interior seats and twelve (12) outdoor patio seats,
7 That the Building Elevation Plan marked A-3 prepared by Culver
Franchising Systems, Inc , dated January 1, 2013, is hereby
approved and shall be adhered to,
8 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,
Regular Meeting Minutes of October 21, 2013 38850
9 That the three walls of the trash dumpster area shall be constructed
out of building materials that shall complement 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,
10 That all pole mounted light fixtures shall not exceed a height of 20
feet above grade and shall be shielded to minimize glare
trespassing on adjacent properties and roadway;
11 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,
12 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
and
13 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time of application
for building permits
FURTHER RESOLVED, that notice of the above hearing was given in
accordance with the provisions of Section 19 05 of Zoning Ordinance No
543, as amended
An email communication from Councilmember Maureen Miller Brosnan,
dated October 15, 2013, re forwarding communication from Mike Dergis and Bonnie
Verville from Howard Ternes Packaging and thanking Ms Brosnan for her review of the
application submitted for a 12 year tax abatement, was received and placed on file for
the information of the Council
On a motion by Brosnan, seconded by Kritzman, and unanimously
adopted, it was
#344-13 WHEREAS, the City Clerk has received an undated
application for Industrial Facilities Exemption Certificate from Howard
Ternes Packaging Company, a Delaware Corporation, covering new
industrial facilities to be located within City of Livonia Industrial
Development District No 111,
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
Regular Meeting Minutes of October 21, 2013 38851
ad valorem property taxes in the local governmental unit in which the
proposed facility is to be located, i e , the City of Livonia, and advised
each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Howard Ternes Packaging
Company, a Delaware Corporation, the Assessor, and a representative of
each of the affected taxing units an opportunity for a hearing on this
application and said hearing having in fact been conducted at 7 00 p m ,
Monday, September 30, 2013, at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan
WHEREAS, the aggregate SEV of real and personal property exempt from
ad valorem taxes within the City of Livonia after granting this certificate will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus
the SEV of personal and real property thus exempted
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received from
the applicant, Howard Ternes Packaging Company, a Delaware
Corporation, finds and determines
(a) That the granting of this Industrial Facilities Exemption
Certificate shall not have the effect of substantially impeding
the operation of the local governmental unit or impairing the
financial soundness of any taxing unit which levies an ad
valorem property tax in the local governmental unit in which
the facility is to be located, and
(b) The applicant has fully complied with the requirements of
Section 9, Act No 198, P.A. 1974, as amended
2 That the City Council hereby approves the application for Industrial
Facilities Exemption Certificate from Howard Ternes Packaging
Company, a Delaware Corporation, covering new industrial facilities
to be located within the City of Livonia Industrial Development
District No 111, for 12 years
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a Letter of Agreement between
the applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
City Council upon approval of an Industrial Facilities Exemption
Certificate, the Council hereby authorizes the Mayor and City Clerk
to sign such Letter of Agreement as duly executed by the applicant
and incorporate such Letter of Agreement as part of the
documentation required to process applications for Industrial
Facilities Exemption Certificates
Regular Meeting Minutes of October 21, 2013 38852
On a motion by Brosnan, seconded by Kritzman, and unanimously
adopted, it was
#345-13 RESOLVED, that having considered a communication from
the Department of Law, dated October 2, 2013, approved for submission
by the Mayor, transmitting for Council acceptance a Grant of Easement
executed by Rino Soave on behalf of Infinity Acquisitions, LLC, for a public
utility easement in connection with the development of a new storm sewer
and drainage area for these parcels in the Northwest % of Section 4, more
particularly described as
Parcel 014-01-0015-005
The North 75 00 feet of the South 300 00 feet Lots 15 and 16 of Fairway
Subdivision of part of the Northwest 1/4 of Section 4, T 1 S , R. 9 E , City of
Livonia, Wayne County, Michigan as recorded in Liber 70 of Plats, Page
86, Wayne County Records Containing 23,231 Sq Ft./0 53 Acres
Parcel 014-01-0015-006
The North 75 00 feet of the South 225 00 feet Lots 15 and 16 of Fairway
Subdivision of part of the Northwest 1/4 of Section 4, T 1 S , R 9E , City of
Livonia, Wayne County, Michigan as recorded in Liber 70 of Plats, Page
86, Wayne County Records Containing 23,200 Sq Ft./0 53 Acres
Storm Sewer & Draining Easement
A 20 00 foot wide storm sewer and drainage easement over parcels 014-
01-0015-005 and 014-01-0015-006 lying 10 00 feet each side of the
centerline, described as commencing at the northeast corner of Parcel
014-01-0015-005, thence S 00°07'10" W 75 00 feet to the point of
beginning, thence S 89°48'10"W 155 00 feet to the point of ending
the Council does hereby, for and on 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
On a motion by McCann, seconded by Brosnan, and unanimously
adopted, it was
#346-13 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda
On a motion by Brosnan, seconded by Kritzman, and unanimously
adopted, it was
Regular Meeting Minutes of October 21, 2013 38853
#347-13 RESOLVED, that having considered an application from
Stephanie Estereicher, 34067 Bretton Drive, Livonia, Michigan 48152,
dated October 15, 2013, requesting permission to barricade the street
between 34067 Bretton and 34070 Bretton on Sunday, October 27, 2013,
from 2 30 p m to 5 30 p m for the purpose of conducting a Halloween
parade down Norwich and a party on Bretton Drive, the Council does
hereby grant permission as requested, the action taken herein being made
subject to the approval of the Police Department.
Stephanie Estereicher, 34067 Bretton Drive, was present to answer any questions of
Council and thanked Council for their time and consideration
On a motion by Kritzman, seconded by McCann, it was
#348-13 RESOLVED, that having considered a communication from
the Department of Law, dated October 16, 2013, 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 purposes of discussing litigation matters and attorney/client
privileged communications in connection with pending litigation, Jean
Ellen Warner v Brad Guerro and City of Livonia, Wayne County Circuit
Court Case No 11-013123-N1
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Brosnan, Kritzman, McCann, and Pastor
NAYS None
Vice President Pastor declared the resolution adopted
There was no Audience Communication at the end of the meeting
On a motion by Robinson, seconded by McCann, and unanimously
adopted, this 1,739th Regular Meeting of the Council of the City of Livonia was
adjourned at 827 p m.
40, it-Lit.Az-de4-%
Terry arecki, City Clerk