HomeMy WebLinkAboutCOUNCIL MINUTES 2013-12-16 38904
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FORTY-THIRD
REGULAR MEETING OF DECEMBER 16, 2013
LIP On December 16, 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 TOO p m Laura led the meeting with the Pledge of Allegiance
Roll was called with the following result: Joe Laura, John Pastor, Thomas
Robinson, Brandon Kritzman, James McCann, and Laura Toy Absent: Maureen Miller
Brosnan
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 Kritzman, and unanimously
adopted, it was
#403-13 RESOLVED, that the Minutes of the 1,742nd Regular
Meeting of the Council held December 2, 2013, are hereby approved as
submitted
Vice President Pastor presented commendations to the inductees of the
"1835 Livonia City Hall of Fame" on behalf of City Council and Mayor Kirksey to include
the following AlphaUSA (David Lawrence present to accept), Friends of the Wilson
Barn (accepted by Ken Stempien), Bill Bresler, Photographer for the Livonia Observer &
Eccentric, Robert Nash (accepted by Susan Nash, on behalf of her husband), Mary
Dumas (accepted by her husband, Vic Dumas), and Joan McCotter (not able to attend)
Robinson presented a commendation to Alan Judge, on behalf of City
Council and Mayor Kirksey, a longtime supporter of the Fire Department and author of
book published detailing the history of the Fire Department. Robinson thanked Mr
Judge for his many years of service to the Livonia community
Alan Judge, Livonia resident, was present to accept the commendation
presented to him and stated he was humbled and grateful for the City's recognition Mr
Judge stated proceeds from the sale of his book go to the Fire Department and can be
purchased at the Fire Department Headquarters near City Hall for $40 00
Regular Meeting Minutes of December 16, 2013 38905
Vice President Pastor stated Mr Judge was very involved in the
restoration of Fire Engine No 2, was a great Livonia citizen, and appreciated all his
hard work and dedication to the City
McCann presented a certificate of service to his wife, Linda McCann, and
indicated she will retire as Director of Community Resources after 17 years of service
McCann quoted Abraham Lincoln stating "I like to see people proud of their places in
which they live I like to see people live so that their place will be proud of them."
McCann stated her dedication and service was greatly appreciated by the City
Linda McCann was present to accept the certificate of service and
thanked everyone for the recognition Ms McCann stated Livonia was a great place to
live and work.
Kritzman presented a plaque to Councilmember Thomas Robinson for his
years of service on Council and wished him well in the future
Robinson thanked Kritzman for the plaque honoring him and stated he
began his political career in 1997 when he helped on other Councilmember's
campaigns and was appointed his first position in 2000 Robinson stated he was
grateful for all the opportunities Livonia afforded him as a child and as an adult to serve
the community Robinson thanked his wife and family members for their continued
support and love
Vice President Pastor presented a plaque to Councilmember James
McCann for his years of service on Council and wished him well in the future
McCann indicated he was proud to serve the Livonia community and
indicated his family has served Livonia since his father was first elected to Council in
1958 McCann stated his sister serves the community as Chief Judge and Livonia has
remained a great community to live and raise families McCann stated the City is run by
great department heads and hard-working employees, for whom he has the greatest
respect. McCann stated he has the utmost respect for his colleagues and it had been a
pleasure serving with them McCann presented a small gift to outgoing Councilmember
Joe Laura and stated it was an honor to work with so many individuals who are so
dedicated to their community
President Toy presented a plaque to Councilmember Joe Laura for his
years of service on Council and wished him well in the future
Laura thanked all those who have served with him over his years of
service both on Council and the School Board Laura gave special recognition to
Fernon Feenstra, who he stated taught him the rules and procedures of Council and
without that knowledge he would have been lost. Laura stated all City employees have
worked very hard throughout the years, especially under duress the past three to five
years, even when faced with taking unpaid Furlough days Laura thanked the
Administration, the Mayor, Judy and Jackie of the Council Office, and all department
heads for their cooperation during his tenure Laura recognized Alex Bishop, Director of
Regular Meeting Minutes of December 16, 2013 38906
Inspection, for being most gracious and responsive and conducting business in a most
professional manner at all times Laura thanked all those who have helped with his
campaigns, those who have voted for him, Livonia on the whole, and his wife, Dianne,
who he met while campaigning years ago
President Toy passed out individual miniature gavels to each of the
Councilmembers President Toy thanked Councilmembers for their chairmanship on
various Council committees over the years and thanked all members for two great years
serving as Council President.
Vice President Pastor wished President Toy a Happy Birthday and
indicated her birthday will be on Sunday, December 22nd Vice President Pastor also
presented a commemorative gavel to President Toy, who returned the gavel to Vice
President Pastor with a plaque honoring his service and thanked him for his assistance
while he served as Vice President during their tenure on Council together
Mayor Kirksey addressed Council to express his gratitude to Kevin
Maillard, Director of the Department of Public Works and all of the staff at the
Department of Public Works, for the great work in the recent snow removal of City
streets Mayor Kirksey reminded residents to remove their parked vehicles from streets
when a Snow Emergency has been declared to allow plow trucks sufficient room to
.remove snow from the City streets Mayor Kirksey also indicated commemorative
bricks are still available for purchase for the Nehasil Park monument and indicated this
would make a great gift idea for Christmas Mayor Kirksey concluded that Phase I of
the Nehasil Park has been completed and the dedication will take place next June or
July
There was no Audience Communication at the beginning of the meeting
A communication from the Department of Finance, dated November 20,
2013, re forwarding various financial statements of the City of Livonia for the month
ending October 31, 2013, was received and placed on file for the information of the
Council
A communication from the Department of Law, dated December 5, 2013,
re information on the number of taxicab providers and the number of companies that
can provide nonemergency medical transportation services under City Ordinance, was
received and placed on file for the information of the Council
On a motion by Robinson, seconded by Laura, it was
Regular Meeting Minutes of December 16, 2013 38907
#404-13 RESOLVED, that having considered a communication from
the City Clerk dated November 13, 2013, forwarding an application
submitted by Setina Briggs, 7267 Brentwood Court, Superior Township,
MI 48198-8701, for a nonemergency medical transportation license and in
that there is no other private, licensed nonemergency medical
transportation service provider operating in the City of Livonia, in
accordance with 5 84 040 of the Livonia Code of Ordinances, as amended
("Code"), the City Council finds that public convenience and necessity will
be served by the issuance of a license to Amor Transportation to provide
nonemergency medical transportation services in accordance with
5 84 010, et seq of the Code
#405-13 RESOLVED, that having considered a communication from
the City Clerk, dated November 13, 2013, forwarding an application
submitted by Setina Briggs, 7267 Brentwood Court, Superior Township,
MI 48198-8701, for a nonemergency medical transportation license, and in
accordance with Chapter 5 84 050 of the Livonia Code of Ordinances, as
amended, the Council does hereby approve this request in the manner
and form herein submitted, provided, however that Amor Transportation
shall not engage in or perform taxi cab or motor vehicle for hire services,
and the City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
#406-13 RESOLVED, that having considered the letter from the
President of the Livonia Anniversary Committee, Inc., dated November 11,
2013, requesting approval of the following items
1 The issuance of a permit to Wade Shows to conduct carnival
amusement rides at Ford Field and John Stymelski Veterans' Park,
as part of this year's SPREE-64 Celebration, on June 24, 25 and
26, 2014, from 2 00 p m to midnight and on June 27, 28 and 29,
2014, from 12 00 noon to midnight, subject to the City of Livonia,
Livonia Public Schools, the Livonia Hockey Association and the
Livonia Anniversary Committee, Inc being identified as additional
insureds on Wade Shows' general liability insurance policy;
2 Authorization of the Anniversary Committee to conduct a fireworks
display at John Stymelski Veterans' Park to be held on Sunday,
June 29, 2014, at approximately 1015 p.m , which display will be
controlled by American Fireworks, Inc., subject to providing liability
insurance for this event and subject to the City of Livonia, Livonia
Public Schools, the Livonia Hockey Association and the Livonia
Anniversary Committee, Inc , being designated as additional
insureds on its policy;
3 Authorization of the Livonia Anniversary Committee to use and/or
lease the facilities at Ford Field, Eddie Edgar Arena (subject to the
terms of the existing lease between the Livonia Hockey Association
Regular Meeting Minutes of December 16, 2013 38908
and the City of Livonia) and John Stymelski Veterans' Park during
the period of the SPREE-64 Celebration in accordance with the
fees/waivers grid for events co-sponsored by the City of Livonia,
and
4 A waiver of all fees prescribed by ordinance or law with respect to
Items 2 and 3 above, as well as a waiver of all vendors' license
fees for community organizations and/or groups authorized to
participate in SPREE-64 by the Anniversary Committee,
the Council does hereby concur in and approve the foregoing requests,
and the City Clerk and all other appropriate City officials and agencies are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
#407-13 RESOLVED, that having considered the letter from the
President of the Livonia Anniversary Committee, Inc , dated November 11,
2013, wherein it is requested that the following City streets be closed to
through traffic from 8 00 a m. on June 23, 2014, through 12 00 noon on
June 30, 2014 (Monday to Monday)
Stark Road from the Family Y, 14255 Stark, to Lyndon
Lyndon from Farmington Road to Stark Road
the Council does hereby concur in and grant this request in the manner
and form herein submitted, FURTHER, the Council does hereby request
that Farmington Road be closed from the 1-96 overpass to Five Mile Road
on Sunday, June 29, 2014, between the hours of 6 30 p m and 11 30 p m
or until the road is returned to normal traffic operation in connection with
the annual SPREE fireworks display, and does hereby authorize the City
of Livonia to assume liability for any damage claims which may arise as a
result of the road closure, and that Sgt. Joe Boitos is hereby designated
and authorized to sign the road closure permit on behalf of the City of
Livonia, the action taken herein being made subject to the approval of the
Police Department, Fire Department and Wayne County; and to the extent
possible, SPREE is requested, in conjunction with the Police Department,
to do all things necessary to alleviate traffic problems for the residents of
Stoneleigh Village Subdivision during the 2014 Anniversary Celebration,
including signs on the barricades indicating "local business and residents
only "
#408-13 RESOLVED, that having considered the letter from the
President of the Livonia Anniversary Committee, Inc., dated November 11,
2013, the Council does hereby approve of the request from the Livonia
Anniversary Committee, Inc., for permission to display banners advertising
SPREE-64 on Farmington Road and Five Mile Road from May 28, 2014,
through June 29, 2014, and to display 4' X 8' signs at City Hall and Ford
Field from May 28, 2014, through June 29, 2014, at no additional cost to
Regular Meeting Minutes of December 16, 2013 38909
SPREE, FURTHER, the Council does hereby permit the Livonia
Anniversary Committee, Inc. to acknowledge supporters with banners and
signage not to exceed 3' X 5' in size on Ford Field and the ball diamonds
from May 28, 2014, through June 29, 2014, and the City Clerk and all
other appropriate City officials and agencies are hereby requested to do
all things necessary or incidental to the full performance of this resolution
#409-13 RESOLVED, that having considered the report and
recommendation of the Interim Superintendent of Parks and Recreation,
dated October 18, 2013, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, to which is
attached a communication from B & B Pools and Spas, dated October 16,
2013, wherein it is indicated that B & B Pools and Spas has offered to
extend their current contract price through December 31, 2014, the
Council does hereby authorize the purchase of 300 buckets of pulsar
briquettes from B & B Pools and Spas, 29440 Six Mile Road, Livonia,
Michigan 48152, for a price of $105 00 per bucket for a total price of
$31,500 00 for use at the Community Recreation Center, Botsford,
Clements Circle and Shelden Pools, with the understanding that such
price per bucket will remain in place through December 31, 2014,
FURTHER, the Council does hereby authorize an expenditure in the
amount of $31,500 00 ($18,900 00 from Account No 208-755-743-000 —
Community Center; $5,040 00 from Account No 208-720-743-000 _
Botsford, $5,040 00 from Account No 208-721-743-000 — Clements
Circle, and $2,520 00 from Account No 208-722-743-000 — Shelden) from
funds already budgeted for this purpose, FURTHER, the Council does
hereby authorize the said purchase without competitive bidding for the
reasons indicated in the aforesaid communication, 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
#410-13 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated October 10, 2013,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the unit price
bids of the following companies for supplying the Parks and Recreation
Department with clothing for the 2014 fiscal year as indicated on the
attachment to the aforesaid communication, the same having been the
lowest bid submitted for each item listed and meets all specifications.
1 Allqraphics Corporation, Frank Alspector, 28960 E. King William
Dr , Farmington Hills, MI 48331
Item No. Size Amount
Li 10A Ad M-XL
Ad Sm-XL $4 68
Yth M-L
Ad Sm-XL $3 69
6
$3 08
$2 51
Regular Meeting Minutes of December 16, 2013 38910
10B Ad M-XL $2 51
Ad 2XL $4 80
17 Ad M-XL $2 95
Ad 2XL $4 95
18 Yth Caps $3 10
Ad Caps $3 10
2 Express Press, Austin M Owens, 1860 E St. Louis St., Springfield,
MO 65802
Item No. Size Amount
2 Ad M-XL $9 51
Ad 2XL $11 99
3 Ad M-XL $9 51
Ad 2XL $11 99
5 Ad Sm-XL $6 58
8 Ad Sm-XL $3 34
Ad 2XL $5 34
9 Yth Sm-M $2 87
Ad Sm-L $2 87
12 Yth Sm-L $3 37
Ad Sm-XL $3 37
Ad 2XL $5 12
L 13 Ad M-XL $3 26
Ad 2XL $5 01
Ad 3XL $5 01
20 Ad M-XL $5 79
Ad 2XL-3XL $7 54
3 All American Embroidery, Sandeep Narang, 31600 Plymouth Rd ,
Livonia, MI 48150
Item No. Size Amount
11 Yth Sm-M $5 50
Ad Sm-XL $5 50
Ad 2XL-3XL $6 00
14A Yth M-L $3 00
Ad Sm-M $3 00
14B Ad Sm-L $3 50
Ad 2XL $4 99
15 Ad M-XL $3 49
Ad 2XL $4 90
19A Ad Sm-XL $20 50
19B Ad Sm-XL $23 50
L 21 Ad Sm-XL $5 59
Ad 2XL $6 99
Regular Meeting Minutes of December 16, 2013 38911
4 Kelgraphics, Charles Kelly, 110 W River Street, Cadillac, MI
49601
L, Item No. Size Amount
4 Ad Sm-XL $6 75
Ad 2XL $7 95
7 Ad Sm-XL $10 25
16 Ad Sm-XL $3 45
FURTHER, the Council does hereby authorize such purchases from funds
already budgeted in the Department of Parks and Recreation and
Community Center Account Nos 208-755-768-000, 208-717-764-000,
101-711-766-000, 101-707-764-000 and 208-755-776-040 for this
purpose
#411-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 20, 2013, which transmits
its resolution 11-83-2013, adopted on November 17, 2013, with regard to
Petition 2013-10-08-12, submitted by Tobeck Realty Corporation
requesting site plan approval to redevelop the commercial center (Livonia
Commons), including remodel the exterior, building addition and construct
a stand-alone multi-tenant commercial building, on property located on the
west side of Middlebelt Road between the CSX Railroad right-of-way and
Schoolcraft Road (13505-13507 Middlebelt Road) in the Northeast 1/4 of
timo Section 26, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 2013-10-08-12 is hereby
approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet SP-1 dated October 25, 2013, as
revised, prepared by Rogvoy Architects, is hereby approved and
shall be adhered to,
2 That the petitioner shall be allowed to bank the parking spaces as
shown on the above-referenced site plan,
3 That the Landscape Plan marked L-1 0 dated October 23, 2013,
prepared by Professional Engineering Associates, is hereby
approved and shall be adhered to,
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
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,
Regular Meeting Minutes of December 16, 2013 38912
6 That the Exterior Building Elevation Plans marked Sheets A-1 and
A-2 both dated October 25, 2013, as revised, prepared by Rogvoy
7 Architects, are hereby approved and shall be adhered to,
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,
8 That the three walls of the trash dumpster area(s) 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,
9 That this site shall meet either the City of Livonia or the Wayne
County Storm Water Management Ordinance, whichever applies,
and shall secure any required permits, including soil erosion and
sedimentation control permits,
10 That all light fixtures shall not exceed thirty-five (35') feet in height
and shall be aimed and shielded so as to minimize stray light
trespassing across property lines and glaring into adjacent
roadways,
11 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking and
any conditions related thereto,
12 That only conforming wall signage is approved with this petition,
and any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
13 That the freestanding signs for this development shall be limited to
the signs portrayed on the above referenced Site Plan, subject to
variance(s) being granted by the Zoning Board of Appeals for
excess sign area and excess number of signs, and that the pylon
signs shall not exceed a height of fourteen (14') feet. Any
additional signage shall be separately submitted for review and
approval by the Planning Commission and City Council,
14 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
Regular Meeting Minutes of December 16, 2013 38913
15 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
16 Pursuant to Section 1910 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period of
one year only from the date of approval by City Council, and unless
a building permit is obtained, this approval shall be null and void at
the expiration of said period
#412-13 RESOLVED, that having considered a request dated
December 2, 2013, from the Etkin Land Acquisition II, LLC, requesting
approval of the conceptual site plan and rendering and an amendment to
the Second Amendment to Consent Judgment previously entered in
connection with Oakwood Healthcare System, et al v City of Livonia,
Wayne County Circuit Court Case No 97-704696-NZ, the Council does
hereby authorize the Department of Law to stipulate to the entry of a Third
Amendment to Consent Judgment in Wayne County Circuit Court Case
No 97-704696-NZ, with respect to certain property located on the
Northeast corner of Seven Mile Road and Victor Parkway, permitting, in
addition to the uses of the subject property set forth in the Amended
Consent Judgment, use of the subject property for a single story office
building substantially conforming to the rendering and site plan attached to
the Third Amendment to Consent Judgment; and the Department of Law
is hereby authorized to do all things necessary or incidental to the full
performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Pastor, Robinson, Kritzman, McCann, and Toy
NAYS None
A communication from St. Jude Nursing Center, Inc , dated December 4,
2013, re revised site drawings for proposed construction of an addition to the existing
convalescent home located at 34350 Ann Arbor Trail, was received and placed on file
for the information of the Council (Petition 2013-09-08-07)
A communication from St. Jude Nursing Center, Inc , received at the
Committee of the Whole meeting held November 26, 2013, re drawings regarding
proposed construction of an addition to the existing convalescent home located at
Regular Meeting Minutes of December 16, 2013 38914
34350 Ann Arbor Trail, was received and placed on file for the information of the
Council (Petition 2013-09-08-07)
An email communication from Doug Moore, Parks Division, dated
December 4, 2013, re proposed construction of an addition to the existing convalescent
home located at 34350 Ann Arbor Trail, was received and placed on file for the
information of the Council. (Petition 2013-09-08-07)
On a motion by McCann, seconded by Pastor, and unanimously adopted,
it was
#413-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 7, 2013, which transmits its
resolution 10-58-2013, adopted on October 1, 2013, with regard to Petition
2013-09-08-07 submitted by St. Jude Nursing Center, Inc., requesting site
plan approval in connection with a proposal to construct an addition to the
existing convalescent home located on the Northeast corner of Ann Arbor
Trail and Stark Road (34350 Ann Arbor Trail) in the Southeast 1/4 of
Section 33, pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby move this
matter to its next scheduled Regular meeting
Roger Molloy, St. Jude Nursing Center, was present to answer any questions of Council
and thanked Council for their time and consideration (Petition 2013-09-08-07)
A communication entitled "Livonia Tomorrow Vision Plan — Outreach
Summary", dated December 2, 2013, re subject of Livonia Tomorrow, was received
and placed on file for the information of the Council (CR 35-12)
Laura provided a verbal update on the subject of Livonia Tomorrow and
indicated the matter would remain in the Economic Development, Community Outreach
and Strategic Planning Committee at this time (CR 35-12)
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE ADDING SECTION 060 TO TITLE 9, CHAPTER 04
(OBSTRUCTING OFFICERS AND CITY BUSINESS) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
Regular Meeting Minutes of December 16, 2013 38915
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Pastor, Robinson, Kritzman, McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Kritzman took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE ADDING SECTION 010 TO TITLE 9, CHAPTER 40
(DISORDERLY PERSONS) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Pastor, Robinson, Kritzman, McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Pastor, seconded by Kritzman, and unanimously adopted,
it was
#414-13 RESOLVED, that having considered a communication from
the Superintendent of Public Service - Environment & Utilities, the Director
of Public Works, and the Director of Community Resources, dated
November 20, 2013, 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) 2014 Dodge Grand Caravan from Bill
Snethkamp Dodge, 6131 S Pennsylvania Avenue, Lansing, Michigan
48911, in the amount of $20,961 00 for use by Livonia Community Transit;
FURTHER, the Council does hereby authorize an additional appropriation
and expenditure in an amount not to exceed $20,961 00 from the
Unexpended Fund Balance of the Community Transit Fund (218) for this
purpose, FURTHER, the Council does hereby determine to authorize this
purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price (under Contract No
71B1300010), and such action is taken in accordance with the provisions
Regular Meeting Minutes of December 16, 2013 38916
set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as
amended
On a motion by Pastor, seconded by McCann, and unanimously adopted,
it was
#415-13 WHEREAS, the City of Livonia, County of Wayne, State of
Michigan (the "City"), has determined that it is necessary for the public
health, safety and welfare of the City to acquire, construct, furnish and
equip improvements to the water supply system of the City's existing
Water Supply and Sewage Disposal System (the "System"), including the
installation of approximately 0 4 miles of new water mains and the
replacement of approximately 3 5 miles of water mains in the City,
together with all related appurtenances and attachments thereto (the
"Project"), and
WHEREAS, the City has been advised by the Michigan Department of
Environmental Quality ("MDEQ"), that financial assistance to accomplish
the acquisition and construction of the Project is available through the
Drinking Water Revolving Fund ("DWRF") Loan Program administered
by the MDEQ and the Michigan Finance Authority (the "MFA"), and
WHEREAS, the Revenue Bond Act, Act 94, Public Acts of Michigan,
1933, as amended ("Act 94"), provides a means for financing the
purchase, acquisition, construction, improvement, enlargement,
extension, and repair of public improvements such as the Project through
the issuance of revenue bonds, and
WHEREAS, the issuance of bonds payable from revenues of the System
under Act 94 in a total amount not to exceed Four Million Dollars
($4,000,000)(the "Bonds"), for the purpose of financing all or part of the
Project represents the most practical means to that end, and
WHEREAS, the City has made application for participation in the DWRF
loan program, and
WHEREAS, a notice of intent to issue revenue bonds must be published
before the issuance of the Bonds in order to comply with the requirements
of Section 33 of Act 94, and
WHEREAS, the City intends at this time to state its intentions to be
reimbursed from proceeds of the Bonds for any expenditures undertaken
by the City for the Project prior to issuance of the Bonds
NOW,THEREFORE, BE IT RESOLVED THAT
1 The City Clerk is hereby authorized and directed to publish a notice
Regular Meeting Minutes of December 16, 2013 38917
of intent to issue the Bonds in the Livonia Observer, a newspaper
of general circulation in the City
2 The notice of intent shall be published as a display advertisement
not less than one-quarter (1/4) page in size in substantially the form
attached to this resolution as Exhibit A.
3 The City Council does hereby determine that the foregoing form
of Notice of Intent to Issue Bonds, and the manner of publication
directed, is adequate notice to the electors of the City and users of
the System, and is the method best calculated to give them notice
of the City's intent to issue the Bonds, the purpose of the Bonds,
the security for the Bonds, and the right of referendum of the
electors with respect thereto, and that the provision of forty-five
(45) days within which to file a referendum petition is adequate to
ensure that the City's electors may exercise their legal rights of
referendum, and the newspaper named for publication is hereby
determined to reach the largest number of persons to whom the
notice is directed
4 The City makes the following declarations for the purpose of
complying with the reimbursement rules of Treas Reg § 1 150-
2 pursuant to the Internal Revenue Code of 1986, as amended
(a) As of the date hereof, the City reasonably expects to
reimburse the City for the expenditures described in (b)
below with proceeds of debt to be incurred by the City
(b) The expenditures described in this paragraph (b) are for the
costs of acquiring and constructing the Project which were
or will be paid subsequent to sixty (60) days prior to the
date hereof
(c) The maximum principal amount of debt expected to be
issued for the Project, including issuance costs, is
$4,000,000
5 The Mayor, City Clerk, Finance Director and City Treasurer of the
City are each authorized to act as an authorized officer or
designated representative in connection with the Project and
execute and deliver such applications, documents or certificates
with the MDEQ, the MFA or other entities as may be necessary or
advisable to enable the City to issue and sell the Bonds as
contemplated herein and to meet its obligations under DWRF Loan
Program
6 All resolutions and parts of resolutions insofar as they conflict
with the provisions of this resolution be and the same hereby are
rescinded
Regular Meeting Minutes of December 16, 2013 38918
EXHIBIT A
NOTICE TO TAXPAYERS AND ELECTORS OF THE
CITY OF LIVONIA AND TO USERS OF THE CITY'S
WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM
OF INTENT TO ISSUE REVENUE BONDS AND
THE RIGHT OF REFERENDUM RELATING THERETO
PLEASE TAKE NOTICE that the City Council of the City of Livonia,
County of Wayne, State of Michigan (the "City"), intends to issue and
sell revenue bonds pursuant to Act 94, Public Acts of Michigan, 1933,
as amended, in one or more series in a total amount not to exceed Four
Million Dollars ($4,000,000), for the purpose of paying all or part of the cost
to acquire, construct, furnish and equip improvements to the water
supply system of the City's existing Water Supply and Sewage Disposal
System, including the installation of approximately 0 4 miles of new
water mains and the replacement of approximately 3 5 miles of water
mains in the City, together with all related appurtenances and attachments
thereto
SOURCE OF PAYMENT OF REVENUE BONDS
The principal of and interest on the revenue bonds shall be payable
solely from the revenues received by the City from the operations of the
Water Supply and Sewage Disposal System (the "System") The
revenues will consist of rates and charges billed to the users of the
System, a schedule of which is presently on file in the Office of the City
Clerk. The rates and charges may from time to time be revised to provide
sufficient revenues to provide for the expenses of operating and maintaining
the system, to pay the principal of and interest on the bonds and to pay
other obligations of the system
BOND DETAILS
The revenue bonds will be payable in annual installments not to exceed
twenty (20) in number and will bear interest at the rate or rates to be
determined at public or private sale but in no event to exceed such rates as
may be permitted by law on the unpaid balance from time to time remaining
outstanding on said bonds
In the event that the C ity deems it desirable to sell the revenue bonds
to the Michigan Finance Authority, the City may be required to pledge for
the payment of the bonds money received or to be received by the City
derived from imposition of taxes by the State and returned or to be
returned to the city as provided by law, except for money the use of which
is prohibited for such purposes by the State Constitution The City may
enter into an agreement providing for the payment of taxes, which taxes
are collected by the State and returned to the City as provided by law, to
Regular Meeting Minutes of December 16, 2013 38919
the authority or a trustee, and such funds may be pledged for the payment
of the revenue bonds
RIGHT OF REFERENDUM
The revenue bonds will be issued without a vote of the electors unless a
petition requesting such a vote signed by not less than 10% of the
registered electors of the City is filed with the City Clerk within forty-five
(45) days after publication of this notice If such petition is filed, the bonds
may not be issued without an approving vote of a majority of the
qualified electors of the C ity voting thereon If such petition is filed and
the electors of the City voting thereon approve the issuance of the bonds,
then the bonds may be payable from revenues or from ad valorem taxes
that may be levied on all taxable property in the City without limitation as to
rate or amount.
THIS NOTICE is given pursuant to the requirements of Section 33, Act
94, Public Acts of Michigan, 1933, as amended
Additional information will be furnished at the Office of the City Clerk upon
request
Terry Marecki, City Clerk
City of Livonia
A communication from the Engineering Division, dated December 16,
2013, re requested funding to be paid to Joe Rotondo Construction for completion of
2012 Sidewalk and Concrete Repair Program — Water Main Breaks (Contract 12-F),
was received and placed on file for the information of the Council (CR 178-12)
On a motion by Pastor, seconded by McCann, and unanimously adopted,
it was
#416-13 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 2, 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 and Concrete Repair Program (Contract 12-F)
pursuant to Council Resolution No 178-12, the Council does hereby
authorize an additional appropriation and expenditure in an amount not to
exceed $36,710 71 from the Unexpended Fund Balance of the Water and
Sewer Fund (592) to be paid to Joe Rotondo Construction, 38807 Ann
Arbor Road, Suite 2, Livonia, Michigan 48150, as final payment for the
Regular Meeting Minutes of December 16, 2013 38920
work done and upon the final release by the Engineering Division for work
related to Contract 12-F, said total contract amount not to exceed
$142,855 71, and the City Engineer is authorized to make minor
adjustments in the work as required
On a motion by Pastor, seconded by McCann, and unanimously adopted,
it was
#417-13 RESOLVED, that having considered a communication from
the Department of Law, dated November 25, 2013, approved for
submission by the Mayor, transmitting for Council acceptance a Grant of
Easement executed by Glenn Cerny, Vice President and Chief Financial
Officer on behalf of Schoolcraft College for a public utility easement in
connection with the development of a water main constructed at
Schoolcraft College in the Northwest 1/4 of Section 7, more particularly
described as
The centerline description of a Water Main Easement located in part of the
Northwest 1/4 of Section 7, T 1S , R 9E , City of Livonia, Wayne County,
Michigan, more particularly described as
Commencing at the Northwest corner of said Section 7 and proceeding N
88°03'18" E , 1,200 00 feet along the North section line of said section,
thence S 01°59'52" E , 105 17 feet to a POINT OF BEGINNING of a 20-
foot wide easement centerline, thence S 01°59'52" E , 895 67 feet; thence
N 88°22'27" E., 158 41 feet; thence S 02°12'44" E., 488 38 feet to a point
"A", thence S 88°00'08" W , 3 22 feet; thence S 43°07'28" W , 18.21 feet;
thence S 88°07'28" W , 35 89 feet; thence N 01°52'32" W , 11 00 feet to
the POINT OF ENDING, thence continuing from said point "A", S
01°59'52" E , 15 94 feet; thence S 06°00'48" E., 80 93 feet; thence S
08°52'48" E , 42 40 feet; thence S 13°06'05" E , 52 36 feet; thence S
06°23'25" E., 35 63 feet; thence S 03°43'05" E., 189 57 feet; thence S
02°34'47" E , 311 85 feet; thence S 00°06'56" E , 75 32 feet; thence S
01°31'51" E., 166 70 feet; thence S 42°09'16" W , 51 17 feet; thence S
83°28'26" W , 53 93 feet; thence S 88°35'07" W , 201 18 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
Osn a motion by McCann, seconded by Robinson, and unanimously
adopted, it wa
Regular Meeting Minutes of December 16, 2013 38921
#418-13 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.
A communication from the Department of Law, dated December 13, 2013,
re additional language required by the State of Michigan for the approval of the
Commercial Rehabilitation Exemption Certificate applied for by MKOS Real Estate,
L.L.0 , was received and placed on file for the information of the Council (CR 258-13)
On a motion by McCann, seconded by Laura, and unanimously adopted, it
was
#419-13 RESOLVED, that having considered an e-mail
communication from the City Clerk, dated November 22, 2013, wherein it
is requested that Council Resolution 258-13 be amended to include
verbiage in the resolution that approved a Commercial Rehabilitation
Exemption Certificate for MKOS Real Estate, L.L.0 at the Regular
Meeting of August 12, 2013, that is now required by the State of Michigan
Department of Treasury, the Council does hereby amend and revise
Council Resolution 258-13 so as to read as follows
WHEREAS, the City of Livonia legally established the Commercial
Rehabilitation District No 1 by Council Resolution 180-13, adopted on
June 3, 2013, after a public hearing held on May 21, 2013, and
WHEREAS, the taxable value of the property proposed to be exempt plus
the aggregate taxable value of property previously exempt and currently in
force under Public Act 210 of 2005 or under Public Act 198 of 1974 (IFT's)
does not exceed 5% of the total taxable value of the City of Livonia, and
WHEREAS, the application was approved at a public hearing as provided
by Section 4(2) of Public Act 210 of 2005 on July 16, 2013, and
WHEREAS, the applicant, MKOS Real Estate, L.L.0 , is not delinquent in
any taxes related to the facility; and
WHEREAS, the application is for commercial property as defined in
Section 2(a) of Public Act 210 of 2005, and
WHEREAS, the applicant, MKOS Real Estate, L.L.0 , has provided
answers to all required questions under the application instructions to the
City of Livonia, and
Regular Meeting Minutes of December 16, 2013 38922
WHEREAS, the City of Livonia requires that rehabilitation of the facility
shall be completed by June 2015, and
WHEREAS, the commencement of the rehabilitation of the facility did not
occur more than six months prior to the filing of the application for
exemption, and
WHEREAS, the application relates to a rehabilitation program that when
completed constitutes a qualified facility within the meaning of Public Act
210 of 2005 and that is situated within a Commercial Rehabilitation District
established under Public Act 210 of 2005, and
WHEREAS, completion of the qualified facility is calculated to, and will at
the time of issuance of the certificate, have the reasonable likelihood to,
increase commercial activity, create employment, retain employment, and
revitalize a blighted urban area, in which the facility is situated, and
WHEREAS, the rehabilitation includes improvements aggregating 10% or
more of the true cash value of the property at commencement of the
rehabilitation as provided by Section 2(j) of Public Act 210 of 2005
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Livonia that MKOS Real Estate, L.L.0 , be and hereby is granted a
Commercial Rehabilitation Exemption for the real property, excluding land,
located in Commercial Rehabilitation District No 1 at 36622 Five Mile
Road, Livonia, Michigan 48154 for a period of 10 years, beginning
December 31, 2013, and ending December 31, 2023, pursuant to the
provisions of PA 210 of 2005, as amended
On a motion by McCann, seconded by Robinson, and unanimously
adopted, it was
#420-13 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 9, 2013, approved
by the Director of Public Works, which bears the signature of the Director
of Finance and the City Attorney and is approved for submission by the
Mayor, to which is attached a proposed agreement between the City of
Livonia and the Michigan Department of Transportation (MDOT) for the
reconstruction work of 1-96 (Jeffries Freeway) and bridge reconstruction
from Newburgh to the East City limits, Inkster Road, and from Inkster
Road to Telegraph Road within Redford Township, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the agreement in the manner and form herein
submitted, FURTHER, the total project cost is estimated at
$124,633,550 00 with the City of Livonia participation (1 4% of the total
project cost) estimated at $1,736,400 00; FURTHER, the Council does
hereby authorize an expenditure in the amount of $1,736,400 00 from
Regular Meeting Minutes of December 16, 2013 38923
funds already budgeted in Account No 202-463-818-125 (Major Street
Fund — City participation in County and MDOT Projects) for this purpose
There was no Audience Communication at the end of the meeting
Vice President Pastor wished his departing colleagues well in the future
and thanked Alan Judge for the book he wrote about the Livonia Fire Department and
his continued involvement in the community Vice President Pastor thanked incoming
Councilmembers for attending the Council meetings and stated he looked forward to
working with them in the next two years Vice President Pastor concluded by wishing
everyone a Merry Christmas and Happy New Year and told all to be safe.
McCann indicated it was a wonderful privilege to serve the community and
thanked his wife, Linda, for all her support over the years during his tenure on Council
McCann wished everyone a very Merry Christmas
Robinson thanked President Toy for her support and leadership as
Council President the past two years and stated she led the Council with grace even
during difficult times
Kritzman wished everyone a Merry Christmas and Happy New Year and
indicated he was hopeful that 2014 would be a much better year for all
LPresident Toy indicated Councilmember Brosnan provided words to all the
outgoing members which would be provided to them and thanked Mayor Kirksey for his
cooperation during her tenure President Toy thanked outgoing Councilmembers
James McCann, Joe Laura, and Thomas Robinson for their dedicated service to the
City President Toy stated it was her honor and privilege to work with each one of the
Councilmembers and stated those who were leaving Council would be greatly missed
President Toy thanked Council-elect members Brian Meakin and Susan Nash for being
present and taking an active role in Council meetings and stated this will allow them to
hit the ground running in January, when they take office
On a motion by McCann, seconded by Robinson, and unanimously
adopted, this 1743rd Regular Meeting of the Council of the City of Livonia was
adjourned at 8 06 p m
Terry 0 ketA.ZaLl
Marecki, City Clerk
L