HomeMy WebLinkAboutCOUNCIL MINUTES 2012-10-10 38435
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FOURTEENTH
REGULAR MEETING OF OCTOBER 10, 2012
On October 10, 2012, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President
of the Council at 8 00 p m. 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: Scott Miller, Planning
Department; Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Don
Knapp, City Attorney; Terry A. Marecki, City Clerk, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Robinson, and unanimously
adopted, it was
#401-12 RESOLVED, that the Minutes of the 1,713th Regular
Meeting of the Council held September 26, 2012, are hereby approved
as submitted
Robinson presented a proclamation on behalf of the City for the tribute to
be held on Thursday, October 11, 2012, for the "International Day of The Girl Child"
Robinson indicated it is an annual day set aside to advocate for girls' rights and to
raise issues that directly affect girls in relation to gender bias
Jennifer Alberts, 37706 Jamison, student at Churchill High School, was
present to explain the meaning and purpose of the "International Day of the Girl Child"
organization and thanked Council for their support of this very worthy cause to
promote the development of women throughout the world
Vice President Pastor wished Kelsey Gregario a Happy 17th Birthday
President Toy wished everyone a Happy Columbus Day which was
celebrated Monday, October 8th and indicated Columbus' birthday is actually October
12th
fir.
Regular Meeting Minutes of October 10, 2012 38436
President Toy announced two (2) public hearings will be held on
Monday, October 29, 2012, at 7 00 p m in the Auditorium of City Hall, 33000 Civic
Center Drive, relative to the following
Petition 2012-08-01-04 submitted by Livonia IT Office Building L.L.0 to
rezone the property at 19375 Victor Parkway, located on the west side of
Victor Parkway between Seven Mile Road and Pembroke Avenue in the
Southeast 1/4 of Section 6, from PO (High Rise Professional Office) to C-
2 (General Business), and
Petition 2012-08-06-10 submitted by the City Planning Commission,
pursuant to Section 23 01(b) of Ordinance #543, the Zoning Ordinance
of the City of Livonia, as amended, to determine whether or not to
amend Section 2 10(16) of Article II, Definition of Miscellaneous Terms
pertaining to the definition of"Mechanical Amusement Devices "
President Toy announced there would be two X-items addressed at the
end of the meeting President Toy indicated the first matter would be to revise a
previously adopted Council Resolution to reflect the correct interest rate for the
proposed Special Assessment District for the Rennolds' Ravine Streambank
Stabilization Project and the second matter would be to accept a donation for a
monument sign for the 16th District Court.
During Audience Communication, Linda Saenz, 30285 Seven Mile Road,
addressed Council to thank the Councilmembers who voted against the increased
water rates and indicated the flat fee increase for all residents creates an undue
hardship for many residents and inquired if there was any relief that may be offered to
residents in need Ms Saenz also inquired how long before the water rates will again
be reviewed to see what can be done in the future
Michael and Shelia Bernstein, 29247 Bretton Street, Livonia, addressed
Council to express concern about customer and vendor vehicles being parked on the
easements surrounding Cantoro's Market and stated it creates a safety concern
among other things and inquired if anything could be done to remedy the situation
Mr Bernstein indicated he has contacted the Livonia Police Department and the
Inspection Department and has spoken with owners and/or managers of the subject
market, but has seen little progress made to resolve the situation and wanted to bring
it to the attention of the Council
Esther Alvarado, 13982 Riga, expressed concern about the flat fee
assessed on residents' water bills and inquired how the flat fee increase for the water
bills was determined to be $65 for all residents Ms Alvarado also inquired how the
Council proposed to deal with the water rates before they continue to increase at the
hands of the Detroit Water and Sewer Board's mismanagement.
On a motion by Pastor, seconded by Laura, it was
Regular Meeting Minutes of October 10, 2012 38437
#402-12 RESOLVED, that having considered a letter from Kellie
Dummer, Grant PTA President, dated September 20, 2012, the Council
does hereby take this means to indicate that the Ulysses S Grant
Elementary School PTA is recognized as a non-profit organization
operating in the community, and the action herein being taken for the
purpose of affording Ulysses S Grant PTA an opportunity to obtain a
charitable gaming license or registration from the State of Michigan in
accordance with provisions of State statute
#403-12 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated September 13, 2012,
approved for submission by the Mayor, and to which is attached a list of
final adjustments required for the fiscal year 2012 budget, the Council
does hereby authorize said budget adjustments and transfers in the
amount of $65,000 00 in the manner and form set forth in the
attachment.
#404-12 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated September 20, 2012, 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 Self Contained Breathing Apparatus (SCBA) from Douglass
Safety Systems LLC, 2655 N M-30, Suite #6, Sanford, Michigan 48657,
in the total amount of $264,673 60, FURTHER, the Council does hereby
authorize an expenditure in the amount of $70,433 60 from funds
budgeted in Account No 401-000-979-000 (Capital Projects—
Equipment) to fund the City's share of the purchase, FURTHER, the
Council does hereby authorize an expenditure in an amount not to
exceed $194,240 00 from grant funds available in Account No 223-639-
528-669, representing the federal share for this purpose, FURTHER, the
Council does hereby authorize the purchase of said items without
competitive bidding for the reasons indicated in the aforesaid
communication and such action is taken in accordance with Section
3 04 140 D 4 of the Livonia Code of Ordinances, as amended,
FURTHER, the Council does hereby determine that the old ISI Viking
SCBAs shall be considered surplus property and shall be placed up for
bid on MITN
#405-12 RESOLVED, that having considered a communication from
the Planning and Economic Development Director Director, dated
September 11, 2012, transmitting a copy of Resolution No 2012-05
adopted by the Plymouth Road Development Authority, the Council does
hereby amend Article II, Meetings, Section 2 and 4 of the Plymouth
Road Development Authority Bylaws to read as follows
Section 2 The board shall meet at least annually on the third
Thursday of January except as otherwise provided from time to
time by resolution of the board
Regular Meeting Minutes of October 10, 2012 38438
Section 4 Greater than fifty (50) percent of the board's active
members, with a number of no less than five (5), shall constitute a
quorum A majority vote of those present shall be deemed
necessary for the transaction of any and all business or the
passage of any resolution
#406-12 RESOLVED, that having considered a communication from
the Mayor, dated September 24, 2012, wherein he has requested
approval of the appointment of Ruth Ann Brown, 32222 Plymouth Road,
Livonia, Michigan 48150, to the Livonia Plymouth Road Development
Authority, as a representative of the business/property owner in the
District for a term which shall expire on May 16, 2016, pursuant to
Section 3 16 060 of the Livonia Code of Ordinances, as amended, and
Act No 197 of the Public Acts of Michigan of 1975, as amended, the
Council does hereby confirm and approve such appointment provided
that she takes the Oath of Office as required in Section 2, Chapter X of
the City Charter, to be administered by the Office of the City Clerk.
#407-12 RESOLVED, that having considered a communication from
the Mayor, dated September 24, 2012, wherein he has requested
approval of the appointment of Omar Faris, 32910 Plymouth Road,
Livonia, Michigan 48150, to the Livonia Plymouth Road Development
Authority, as a representative of the business/property owner in the
District for a term which shall expire on May 16, 2016, pursuant to
LSection 3 16 060 of the Livonia Code of Ordinances, as amended, and
Act No 197 of the Public Acts of Michigan of 1975, as amended, the
Council does hereby confirm and approve such appointment provided
that he takes the Oath of Office as required in Section 2, Chapter X of
the City Charter, to be administered by the Office of the City Clerk.
#408-12 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated September 22, 2012, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, regarding
additional work required in connection with the Middlebelt Road (Seven
Mile Road to Eight Mile Road) Resurfacing Project previously authorized
in Council Resolution 503-09, adopted on December 16, 2009, the
Council does hereby appropriate and authorize an expenditure of the
additional sum of $13,125 56 from the Unexpended Fund Balance of the
Major Road Fund (202) to be paid to Spalding DeDecker Associates,
Inc , 905 South Boulevard East, Rochester Hills, Michigan 48307, for this
additional work; and the City Engineer is hereby authorized to approve
minor adjustments in the work as it becomes necessary
#409-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 13, 2012, which
transmits its Resolution No 09-72-2012, adopted on September 11,
Regular Meeting Minutes of October 10, 2012 38439
2012, with regard to Petition 2012-08-02-15, submitted by Costco
Wholesale, requesting waiver use approval pursuant to Section 11 03(a)
of the City of Livonia Zoning Ordinance No 543, as amended, to
construct a gas station on a portion of the property at 19540 Haggerty
Road, located on the east side of Haggerty Road between Seven Mile
Road and Eight Mile Road in the Southwest 1/4 of Section 6, which
property is in the process of being zoned from PO to C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2012-08-02-15 is hereby approved and
granted, subject to the following conditions
1 That the Concept Site Plan-Overall marked DD1 1-01 dated May
14, 2012, prepared by Mulvanny G2 Architecture, is hereby
approved and shall be adhered to,
2 That the Concept Site Plan-Enlarged marked DD1 2-01 dated
May 14, 2012, prepared by Mulvanny G2 Architecture, is hereby
approved and shall be adhered to,
3 That the Landscape Plan marked L-1 dated August 1, 2012,
prepared by Smithgroup JJR, 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,
6 That the Elevation Plan marked DD3 1-01 dated July 31, 2012,
prepared by Mulvanny G2 Architecture, is hereby approved and
shall be adhered to,
7 That the gas pump island canopy shall not exceed eighteen feet
(18') in height and its support columns shall be covered with the
same brick used in the construction of the Costco Wholesale
store,
8 That all corner clearance requirements shall be maintained,
9 That any illumination of the pump island canopy shall be restricted
to the undercarriage and all light fixtures shall be recessed and
made flush with the established ceiling, provided, however, that
this section shall not apply to those specified signs which are
expressly allowed by the Sign Ordinance,
Regular Meeting Minutes of October 10, 2012 38440
10 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 storm water
management permits, wetlands permits and soil erosion and
sedimentation control permits, from Wayne County, the City of
Livonia, and/or the State of Michigan Department of Natural
Resources and Environment (DNRE),
11 That all new light fixtures shall not exceed the height of any
existing light fixtures on this site,
12 No outside storage, placement or display of merchandise shall be
permitted at any time on this site, however, the foregoing
prohibition shall not apply to the display, on the pump islands
only, of oil based products as permitted in Section 11 04(a) of the
Zoning Ordinance,
13 That signs on the canopy shall be limited to the north, west and
south fascias, and that any additional signage shall be separately
submitted for review and approval by the Zoning Board of
Appeals,
14 That no part of the pump island canopy fascia, with the exception
of the embossed logos, shall be illuminated,
15 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the pump island canopy, building
or around the windows,
16 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,
17 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of one year only from the date of approval by City Council, and
unless a building permit is obtained, this approval shall be null
and void at the expiration of said period
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Pastor, Robinson, Kritzman, McCann, and Toy
NAYS None
A communication entitled "Community Needs Assessment", prepared by
R. William Joyner, relative to the subject matter of "Livonia Tomorrow" and received at
Regular Meeting Minutes of October 10, 2012 38441
the Economic Development, Community Outreach and Strategic Planning Committee
meeting of September 24, 2012, was received and placed on file for the information of
the Council. (CR 35-12)
Councilmember Laura provided a verbal update on the subject of
"Livonia Tomorrow" and indicated the subject matter would remain in the Economic
Development, Community Outreach and Strategic Planning Committee at this time
A revised site plan, dated September 28, 2012, re proposed
redevelopment of Nicholas Plaza Shopping Center located at 13820-13840 Merriman
Road and 31281 Schoolcraft Road, was received and placed on file for the information
of the Council (CR 324-12, Petition 2012-06-08-05)
On a motion by Laura, seconded by McCann, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated July 6, 2012, which transmits its
Resolution No 06-59-2012, and a subsequent communication from the
City Planning Commission dated July 11, 2012, which transmits
Resolution No 07-61-2012, with regard to Petition 2012-06-08-05
submitted by Nick Shango, requesting site plan approval in connection
with a proposal to redevelop the Nicholas Plaza shopping center at
13820-13840 Merriman Road and 31281 Schoolcraft Road located on
the Southeast corner of Schoolcraft Road and Merriman Road in the
Northwest 1/4 of Section 26, pursuant to the provisions set forth in
Section 18 58 of Ordinance No 543, as amended, the Council does
hereby concur in part in the recommendation made by the Planning
Commission and Petition 2012-06-08-05 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked C-1 dated September 28, 2012, as
revised, prepared by Shango Development, is hereby approved
2 That the maximum customer seating count for the full service
restaurant (Royal Coney Island) shall not exceed a total of thirty-
four (34) seats, and the maximum customer seating count for the
carry-out restaurant (Dunkin'Donuts) shall not exceed a total of
six (6) seats,
3 That the Landscape Plan marked C-1 dated September 28, 2012,
as revised, prepared by Shango Development, is hereby
approved and shall be adhered to,
Regular Meeting Minutes of October 10, 2012 38442
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,
6 That the Exterior Building Elevation Plan marked C-1 dated
September 28, 2012, as revised, prepared by Shango
Development, is hereby approved and shall be adhered to,
7 That a fire lane shall be established along the north side of the
building and a "right turn only" sign be posted on the eastern most
driveway to Schoolcraft, pursuant to the recommendation of the
Traffic Safety Bureau,
8 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,
9 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,
10 That the gas pump island canopy shall not exceed eighteen feet
(18') in height and its support columns shall be covered with full
face four inch (4") brick;
11 That the leading edge of the pump island canopy shall not be any
closer than sixteen feet (16') from any property line,
12 That any illumination of the pump islands shall be restricted to
beneath the canopy and the light fixtures shall be recessed and
made flush with the established ceiling, provided, however, that
this condition shall not apply to those specified signs which are
expressly allowed by the district regulations contained in the
Zoning Ordinance,
13 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 storm water
Regular Meeting Minutes of October 10, 2012 38443
management permits, and soil erosion and sedimentation control
permits, from Wayne County and/or the City of Livonia,
14 That any pole-mounted 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 roadway;
15 That no outside storage, placement or display of merchandise
shall be permitted at any time on this site, however, the foregoing
prohibition shall not apply to the display, on the pump islands
only, of oil based products as permitted in Section 11 04(a) of the
Zoning Ordinance,
16 That free air shall be provided at all times this station is open for
business The free air shall be dispensed at the point of service
without having to enter the station or the performance of any extra
action in order to obtain the air without charge,
17 That the outdoor placement of propane cylinder storage units
shall be prohibited,
18 That the sale of ice shall be restricted to the inside of the building,
19 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient building
setback and any conditions related thereto,
20 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,
21 That no part of the pump island canopy fascia, with the exception
of the embossed logos, shall be illuminated,
22 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the pump island canopy, building
or around the windows,
23 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,
24 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of one year only from the date of approval by City Council, and
unless a building permit is obtained, this approval shall be null
and void at the expiration of said period
Regular Meeting Minutes of October 10, 2012 38444
Nick Shango, 13820 Merriman Road, was present to answer any questions of Council
and indicated he has attempted to meet all the concerns raised by Council and hoped
the plan could be approved to allow his business to move forward with renovations
(Petition 2012-06-08-05)
Following discussion by Council, Laura and McCann then withdrew their motion on the
foregoing resolution
President Toy indicated this matter would remain the Committee of the Whole at this
time (Petition 2012-06-08-05)
An e-mail communication from Tyler D Tennent, attorney from Dawda,
Mann, Mulcahy & Sadler, P L.0 , on behalf of Wal-Mart Real Estate Business Trust,
dated October 5, 2012, re information requested at the Study Meeting of October 1,
2012, and the request to extend the Wal-Mart store operating hours at Wonderland
Village on Friday, November 23, 2012, was received and placed on file for the
information of the Council (Petition 2012-08-02-16)
On a motion by McCann, seconded by Pastor, it was
RESOLVED, that having considered a communication
from the City Planning Commission, dated September 13, 2012, which
transmits its Resolution No 09-73-2012, adopted on September 11,
2012, with regard to Petition 2012-08-02-16 submitted by Dawda, Mann,
Mulcahy & Sadler, P L.0 , on behalf of Wal-Mart Real Estate Business
Trust, requesting to amend Council Resolution No 559-05 adopted on
November 30, 2005, in order to extend the Wal-Mart store operating
hours at Wonderland Village (Store #2631), located on the south side of
Plymouth Road between Middlebelt Road and Milburn Avenue (29555
Plymouth Road) in the Northeast '/4 of Section 35, from 12.00 a m.
midnight through 6 00 a m on Friday, November 23, 2012, (the day after
Thanksgiving), and for each subsequent year beginning at midnight of
Thanksgiving Day, which property is zoned C-2, the Council does hereby
concur in part in the recommendation made by the City Planning
Commission and Petition 2012-08-02-16 (as revised to limit the approval
to one year) is hereby approved and granted, subject to the following
conditions
1 That condition #24(a) of Council Resolution No 559-05 which
reads, "The hours the store is open to the public shall be limited to
the time period between 6 00 a m and 12 00 midnight" shall be
modified to include the following
Regular Meeting Minutes of October 10, 2012 38445
2 Except that the Wal-Mart store at 29555 Plymouth Road shall be
permitted to extend its operating hours one (1) day out of the year
from 12 00 a.m midnight through 6 00 a.m on Friday, November
23, 2012, (the day after Thanksgiving) only, and the Council may
consider this matter again in 2013 upon the subsequent request
of the Petitioner;
3 That the Petitioner will work with the City Inspection and Public
Safety Departments to make sure that appropriate safety
measures are put in place to accommodate the additional store
operating hours, and that a police reserve detail be maintained
with the costs being reimbursed to the City; and
4 That all other conditions imposed by Council Resolution No 559-
05, which granted approval to construct a new Wal-Mart store
containing a gross floor area in excess of 30,000 square feet,
shall remain in effect to the extent that they are not in conflict with
the foregoing conditions.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Kritzman, and McCann
NAYS Laura, Robinson, and Toy
The President declared the proposed resolution failed due to lack of support.
An e-mail communication from Tyler D Tennent, attorney from Dawda,
Mann, Mulcahy & Sadler, P L.0 , on behalf of Wal-Mart Real Estate Business Trust,
dated October 5, 2012, re information requested at the Study Meeting of October 1,
2012, and the request to extend the Wal-Mart store operating hours at Livonia
Marketplace on Friday, November 23, 2012, was received and placed on file for the
information of the Council (Petition 2012-08-02-17)
On a motion by McCann, seconded by Pastor, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated September 17, 2012, which
transmits its Resolution No 09-74-2012, adopted on September 11,
2012, with regard to Petition 2012-08-02-17, submitted by Dawda, Mann,
Mulcahy & Sadler, P L.0 , on behalf of Wal-Mart Real Estate Business
Trust, requesting to amend Council Resolution No 429-08 adopted on
‘. September 24, 2008, in order to extend the Wal-Mart store operating
Regular Meeting Minutes of October 10, 2012 38446
hours at Livonia Marketplace (Store #5844), located on the north side of
Seven Mile Road between Middlebelt Road and Purlingbrook Avenue
(29574 Seven Mile Road) in the Southwest 1/4 of Section 2, from 12 00
a m midnight through 6 00 a m on Friday, November 23, 2012, (the day
after Thanksgiving) and for each subsequent year beginning at midnight
of Thanksgiving Day, which property is zoned C-2, the Council does
hereby concur in part in the recommendation made by the City Planning
Commission and Petition 2012-08-02-17 (as revised to limit the approval
to one year) is hereby approved and granted, subject to the following
conditions
1 That condition #23 of Council Resolution No 429-08 which reads,
"That the hours of operation of any big box retail facility on the
property shall not exceed eighteen (18) hours" shall be modified
to include the following
2 Except that the Wal-Mart store at 29574 Seven Mile Road shall
be permitted to extend its operating hours one (1) day out of the
current year from 12 00 a.m midnight through 6 00 a.m. on
Friday, November 23, 2012, (the day after Thanksgiving) only,
and the Council may consider this matter again in 2013 upon the
subsequent request of the Petitioner;
3 That the Petitioner will work with the City Inspection and Public
Safety Departments to make sure that appropriate safety
measures are put in place to accommodate the additional store
operating hours, including keeping security at the back of the
store and the use of temporary barricades, and that a police
reserve detail be maintained with the costs being reimbursed to
the City; and
4 That all other conditions imposed by Council Resolution No 429-
08, which granted approval for a Planned General Development
consisting of a total of approximately 320,180 square feet of retail
building area (Livonia Marketplace), shall remain in effect to the
extent that they are not in conflict with the foregoing conditions
Claudia Stanton, 19658 Melvin, addressed Council to thank them for the "no" vote on
the previous resolution concerning extending hours on "Black Friday" for the Wal-Mart
store operating at Wonderland Village and indicated she did not feel retail stores
should be allowed to remain open the 24 hour period of "Black Friday" (Petition 2012-
08-02-17)
Tyler Tennent, attorney on behalf of Wal-Mart Real Estate Business Trust, 39533
Woodward Avenue, Bloomfield Hills, was present on behalf of the Petitioner to answer
any questions Council may have and thanked Council for their time and consideration
(Petition 2012-08-02-17)
Regular Meeting Minutes of October 10, 2012 38447
A roll call vote was taken on the foregoing resolution with the following result:
AYES
NAYS Pastor, Kntzman, and McCann
Laura, Robinson, and Toy
The President declared the proposed resolution failed due to lack of support.
At the direction of the Chair, Agenda Item #13 was removed from the
Agenda
On a motion by Pastor, seconded by Laura, and unanimously adopted, it
was
#410-12 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 Laura, seconded by Pastor, and unanimously adopted, it
was
#411-12 RESOLVED, that having considered a communication from
the City Engineer, dated October 3, 2012, approved for submission by
the Mayor, wherein it is requested that Council Resolution 398-12 be
amended to reflect the recommended interest rate of 2 5%, the Council
does hereby amend and revise Council Resolution 398-12 so as to read
as follows
WHEREAS, pursuant to due and proper notice published and mailed to
all property owners in Special Assessment District No 427 for the
proposed Bell Branch Streambank Stabilization Project, a/k/a Rennolds'
Ravine River National Wet Weather Demonstration Project Round X,
Part "B" Grant Program for storm water general permit activities in the
NE 1/4 of Section 20, in the City of Livonia, Wayne County, Michigan, as
required by the provisions of the City Charter and Title 3, Chapter 8 of
the Livonia Code of Ordinances, as amended, a public hearing thereafter
having been held thereon on September 19, 2012, at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and the City Council having
duly met and reviewed the special assessments levied on the special
assessment roll as prepared by the City Assessor to cover the district
portion of the cost of the proposed Bell Branch Streambank Stabilization
Project, a/k/a Rennolds' Ravine River National Wet Weather
Demonstration Project Round X, Part "B" Grant Program for storm water
general permit activities to be constructed in Special Assessment District
No 427, and
Regular Meeting Minutes of October 10, 2012 38448
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
1 The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated August 13, 2012, in
the amount of $153,790 92, are fair and equitable and based
upon benefits to be derived by the construction of improvements
proposed in said district in accordance with the plans of the City
Engineer and resolutions of the City Council,
2 Said Special Assessment Roll No 427 is hereby approved and
confirmed in all respects,
3 The amount of said roll shall be divided into fifteen (15) equal
annual_installments with interest at the rate of two and one-half
(2.5%) percent per annum on the unpaid balance of the
assessment from December 1, 2012 Said interest shall be
payable on each installment due date, provided, however, that
after the issuance of bonds in anticipation of the collection of the
unpaid assessments on the said Special Assessment Roll, said
rate of interest shall be no more than 1% above the average rate
of interest borne by said bonds In such cases where the
installments will be less than Ten Dollars ($10 00), the number of
installments shall be reduced so that each installment shall be
above and as near Ten Dollars ($10 00) as possible The first
installment shall be due and payable December 1, 2013, and
subsequent installments on December 1st of succeeding years,
4 Pursuant to the provisions of Section 3 08 130 of the Livonia
Code of Ordinances, as amended, the City Clerk shall endorse
the date of confirmation on the assessment roll, and the said
Assessment Roll shall then be immediately transmitted to the City
Treasurer who shall then publish notice as is required by Section
3 08 190 of the Livonia Code of Ordinances, as amended, and
mail assessment statements to the respective property owners
assessed in the manner and substance as provided by said
Section 3 08 190 Any property owner assessed may pay the
whole or any part of the assessment without interest or penalty up
to December 1, 2012
5 The first installment shall be spread upon the 2013 City tax roll in
the manner required by Section 3 08 210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 2012, and thereafter one (1)
installment shall be spread upon each annual tax roll together
with one (1) year's interest upon all unpaid installments, provided,
Regular Meeting Minutes of October 10, 2012 38449
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08200, or after the expiration of
the sixty (60) day period as provided by Section 3 08.220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
6 The City Council does hereby determine to pay $20,250 00 (one-
half of the design and construction engineering costs)
Councilmember McCann stepped down from the podium at 9 26 p m to avoid any
perceived conflict of interest.
On a motion by Robinson, seconded by Pastor, it was
#412-1.2 RESOLVED, that having considered an e-mail
communication from Councilmember Tom Robinson, dated September
26, 2012, the Council does, for and on behalf of the City of Livonia,
accept the donation of a monument sign for the 16th District Court to
provide needed improvements to Court visibility
Judge Kathleen McCann, 16th District Court, addressed Council to clarify the purpose
of the monument sign for the 16th District Court was simply for directional and
informational purposes only and indicated the funds were a donation and would not
cost taxpayers any money
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Pastor, Robinson, Kntzman, and Toy
NAYS None
The President declared the resolution adopted
Councilmember McCann returned to the podium at 9 49 p m
There was no Audience Communication at the end of the meeting
On a motion by Pastor, seconded by McCann, and unanimously
adopted, this 1,714th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 50 p m
a
Marecki, City Clerk