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HomeMy WebLinkAboutCOUNCIL MINUTES 2011-05-11 37860 MINUTES OF THE ONE THOUSAND SIX HUNDRED EIGHTIETH REGULAR MEETING OF MAY 11, 2011 On May 11, 2011, 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 Councilmember Toy led the meeting with an invocation Roll was called with the following result: Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, and James McCann Absent: None Elected and appointed officials present: Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don Knapp, City Attorney; Terry Marecki, City Clerk, Mayor Jack Kirksey; former Councilmember Thomas Robinson, and former Mayor Robert Bennett. On a motion by Toy, seconded by Schwartz, it was #120-11 RESOLVED, that the Minutes of the 1,679th Regular Meeting of the Council held April 20, 2011, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Schwartz, Meakin, Laura, and McCann NAYS None PRESENT Brosnan and Pastor The President declared the resolution adopted Mayor Kirksey introduced and recognized the owners of Rosedale Cleaners, Jack and Bob Karakafian, and indicated they had recently celebrated their 50th Anniversary and presented them with a commendation on behalf of the Council Mayor Kirksey stated Rosedale Cleaners is a family-owned business that offered great, friendly service paying great attention to detail and thanked them for their many years of business in Livonia Regular Meeting Minutes of May 11, 2011 37861 President McCann wished a Happy 45th Birthday to former Councilmember Thomas Robinson and also extended Happy Birthday wishes to Councilmember Brosnan, who celebrated her birthday on May 8th President McCann announced the Livonia Memorial Day Celebration will be hosted at the Veterans Park Memorial located at the corner of Five Mile and Farmington Roads on Saturday, May 28, 2011, at 9 00 a m President McCann indicated the Livonia Stevenson High School Marching Band will perform and encouraged all residents to attend this moving event to pay tribute to those who serve our country both here and overseas President McCann indicated Agenda Item #26 had been moved to follow Agenda Item #17 During Audience Communication, George Boller, 36270 Hammer Lane, addressed Council to express his concern about the traffic lights at Six Mile and Newburgh Roads Mr Boller stated an improvement should be made to the new traffic signal system as the left turn light is significantly biased against making the left turn from North Laurel Park Drive to northbound Newbrugh Road Further, Mr Boller indicated the light was difficult to see when the sunlight hits the traffic signal and felt the matter should be looked into to avoid possible traffic hazards at this intersection Geoge Donabedian, 14236 Beatrice, addressed Council to express appreciation for the building improvements and expansion project made at Marycrest Heights on Middlbelet Road Mr Donabedian indicated the construction progress is coming along and he believed the project will be the City's new "crown jewel" and had much to offer for senior citizens of Livonia A communication from the Department of Finance, dated April 20, 2011, re forwarding various financial statements of the City of Livonia for the month ending March 31, 2011, was received and placed on file for the information of the Council On a motion by Toy, seconded by Pastor, it was #121-11 RESOLVED, that having considered a communication from the City Clerk, dated April 13, 2011, forwarding an application submitted by Hilda D Sievers, 15929 Negaunee, Redford Township, Michigan 48239, for a massage therapist permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution Regular Meeting Minutes of May 11, 2011 37862 #122-11 RESOLVED, that having considered a communication from Michael and Donna Chapman, dated April 8, 2011, regarding a request to purchase the City-owned property behind their home located at 18886 Brentwood, which is land-locked, the Council does hereby refer this matter to the Administration for its report and recommendation #123-11 RESOLVED, that having considered a letter from Mark Burchell, Founder and Executive Director of The Doorway to Recovery, dated April 11, 2011, requesting the Council grant a waiver of the City's noise ordinance to allow live, outdoor music performances at St. Andrew's Episcopal Church in connection with their annual charity event scheduled for Saturday, May 14, 2011, from 1 00 p.m to 11 00 p m , the Council does hereby approve this request in the manner and form herein submitted #124-11 RESOLVED, that having considered a communication from the Mayor, dated April 12, 2011, the Council does hereby approve of and concur in the appointment of Scott Bahr, 14416 Summerside, Livonia, Michigan 48154, to the City Planning Commission, which term will expire on June 9, 2014, provided that Mr Bahr takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. #125-11 RESOLVED, that having considered the report and recommendation of the Information Systems Director, dated April 14, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quote submitted by ESRI Inc , 380 New York Street, Redlands, California 92373, to provide software maintenance for Livonia's Geographic Information System (GIS) in the amount of $15,300 00, the same to be expended from funds already budgeted in Account No 101-915-851-020 for this purpose, FURTHER, the Council does hereby authorize this purchase 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 #126-11 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated April 15, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Halt Fire Equipment, 50168 Pontiac Trail, Wixom, Michigan 48393, for supplying the Fire Department with one (1) ambulance in the amount of $197,366 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $197,366 00 from funds already budgeted in Account No 401-000-985-000 (Capital Projects Regular Meeting Minutes of May 11, 2011 37863 Fund —Vehicles) for this purpose, FURTHER, the Council does hereby determine that the 1997 Horton International vehicle shall be considered surplus property and shall be disposed of at auction upon receipt of the new ambulance #127-11 WHEREAS, in 1872, J Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving up paper, wood for our homes, fuel for our fires, and countless other wood products, and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, and WHEREAS, Livonia has been recognized as a Tree City USA by The National Arbor Day Foundation for the last thirteen years and desires to continue its tree-planting practices, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members of the City Council of the City of Livonia hereby proclaim Friday, April 29, 2011, as Arbor Day in the City of Livonia, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, we urge all citizens to plant trees to promote the well being of this and future generations, and we invite citizens to join in the commemoration of Arbor Day planned by the Tree City Committee at Rosedale Elementary at 2 15 p m on April 29, 2011, BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Rick Snyder, State Senator Glen Anderson, State Representative John Walsh, State Representative Phil Cavanagh, the Michigan Municipal League State and Federal Affairs Division, and the Conference of Western Wayne Regular Meeting Minutes of May 11, 2011 37864 #128-11 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Environment & Utilities and the Director of Public Works, dated April 1 , 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of two (2) 2010 Ford Ranger Supercab trucks for the Public Service Division (Animal Control Officers) from Gorno Ford, 22025 Allen Road, Trenton, Michigan 48138, in the amount of $29,703 00 each, for a total price of $59,406 00, to be expended from funds already budgeted in Account No 205-526-985-000 (Capital Outlay budget for the Municipal Refuse Fund) for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071B1300005), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #129-11 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Environment & Utilities and the Director of Public Works, dated April 14, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Cannon Truck Equipment, 51761 Danview Tech , Shelby Township, Michigan 48315, for supplying the Public Service Division with one (1) brine manufacturing machine for the price of $12,489 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $12,489 00 from funds already budgeted in Account No 203-479-976-000 (Capital Outlay) for this purpose #130-11 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Operations and the Director of Public Works, dated April 19, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids, which meet specifications, for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2011, through April 30, 2012 1 Nagle Paving Company, 39525 13 Mile Road, Novi, Michigan 48377 M D O T 13A HMA $50 07 per ton M D 0 T 36A HMA $53 57 per ton Regular Meeting Minutes of May 11, 2011 37865 2 Cadillac Asphalt, LLC, 51777 West 12 Mile Road, Wixom, Michigan 48393 Cold Patch Asphaltic Material — Pave 192, Delivered $88 00 per ton 3 Saginaw Asphalt Paving Company, 2981 Carrollton Road, Saginaw, Michigan 48604 Cold Patch Material - Q P R. or U P M , Delivered $86 60 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2011, through April 30, 2012 1 Ajax Materials Corporation, 830 Kirts Boulevard, Suite 100, Troy, Michigan 48084 M D O T 13A HMA $55 76 per ton M D O T 36A HMA $58 76 per ton Cold Patch Material — Q P R or U P M , Delivered $100 85 per ton 2 Barrett Paving Materials, 13501 Huron River Drive, Romulus, Michigan 48174 Cold Patch Asphaltic Material — Pave 192, Delivered $89 50 per ton FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 101-463-782-000 for this purpose #131-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 13, 2011, approved by the Director of Public Works and approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system as part of the construction of an office building at 37771 Seven Mile Road, Livonia, Michigan, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the south side of Seven Mile Road, east of Blue Skies Drive, in the Northeast 1/4 of Regular Meeting Minutes of May 11, 2011 37866 Section 7 (See attached maintenance agreement from the owner, Leo Soave Building Company, 20592 Chestnut Circle, Livonia, Michigan 48152, indicating their willingness to reimburse the City for any such maintenance that may become necessary), 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction, and 3 To authorize the Mayor to execute the maintenance agreement on behalf of the City #132-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 13, 2011, approved by the Director of Public Works and approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system due to a change in the final scope of the project previously authorized pursuant to CR 333-10, as part of the construction of the Livonia Dermatology Plaza, 14801 Farmington Road, Livonia, Michigan, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the west side of Farmington Road, south of Five Mile Road, in the Northeast 1/4 of Section 21 (See attached maintenance agreement from the owner, Pegouske/Moossavi Holdings, LLC, 35511 Bristol Drive, Livonia, Michigan 48154, indicating their willingness to reimburse the City for any such maintenance that may become necessary), 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction, and 3 To authorize the Mayor to execute the maintenance agreement on behalf of the City #133-11 RESOLVED, that having considered a communication from the City Planning Commission, dated April 20, 2011, which transmits its resolution 04-16-2011 adopted on April 19, 2011, with regard to Petition 2011-03-08-02 submitted by CB Richard Ellis, on behalf of Comerica Bank, requesting site plan approval in connection Regular Meeting Minutes of May 11, 2011 37867 with a proposal to renovate the exterior of the bank located on the Southwest corner of Five Mile Road and Merriman Road (31425 Five Mile Road), in the Northeast '/4 of Section 22, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 2011-03-08-02 is hereby approved and granted, subject to the following conditions 1 That the Plan marked Sheet A001 dated February 16, 2011, as revised, prepared by Neumann Smith Architecture, is hereby approved and shall be adhered to, 2 That the Building Elevations Plan marked Sheet A202 dated February 16, 2011, as revised, prepared by Neumann Smith Architecture, is hereby approved and shall be adhered to, 3 That the thin brick material shall be 3/ inches thick and installed in accordance with the manufacturer's written instructions as specified in the Project Manual dated February 23, 2011, prepared by Neumann Smith Architecture and shall be installed to the satisfaction of the Inspection Department, 4 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, 5 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, 6 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 7 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 8 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 #134-11 RESOLVED, that having considered a communication from the Department of Law, dated April 13, 2011, approved for ar• submission by the Mayor, the Council does hereby authorize the Regular Meeting Minutes of May 11, 2011 37868 Department of Law to resolve the claim of Mr Ronald Chandler for damages as a result of sewer backups that occurred in the basement of his home located at 28933 Roycroft, in the amount of $33,293 79, and the Department of Law is hereby authorized to do all things necessary or incidental to the full performance of this resolution #135-11 RESOLVED, that having considered a communication from the City Clerk, dated April 28, 2011, forwarding an application submitted by Lee Shaw, 11026 Melrose Street, Livonia, Michigan 48150, for a massage therapist permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested 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 Toy, Brosnan, Schwartz, Pastor, Meakin, Laura, and McCann NAYS None The Audit Presentation distributed by Plante & Moran at the Finance, Budget and Technology Committee meeting of April 13, 2011, re City of Livonia Audit Reports for the period December 1, 2009, to November 30, 2010, was received and placed on file for the information of the Council (CR 367-02) A communication from the Department of Finance, dated April 6, 2011, re the Audit Reports for the Fiscal Year ending November 30, 2010, was received and placed on file for the information of the Council (CR 367-02) A communication from the Department of Finance, dated April 14, 2011, re providing the Update to Golf Course Deficit Elimination Plan, was received and placed on file for the information of the Council (CR 367-02) A communication from the Department of Finance, dated April 20, 2011, re five year summary of Federal Grant expenditures, was received and placed on file for the information of the Council (CR 367-02) Regular Meeting Minutes of May 11, 2011 37869 On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #136-11 RESOLVED, that having considered a communication from the Director of Finance, dated April 14, 2011, approved for submission by the Mayor, to which is attached a proposed Update to Golf Course Deficit Elimination Plan based upon actual results of the Golf Course Fund in the fiscal year 2010 audit, the Council does hereby approve the aforementioned Update to Golf Course Deficit Elimination Plan, and the Finance Director is hereby requested to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Department of Treasury On a motion by Pastor, seconded by Schwartz, and unanimously adopted it was #137-11 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated April 13, 2011, submitted pursuant to Council Resolution 367-02 regarding the topic of annual audit reports, the Council does hereby refer the subject of the replacement of funds, if any, to compensate for the loss of personal property taxes ($7 8 million) to the Administration for a report and recommendation Pastor provided a verbal update re the topic of annual audit reports and indicated the matter would remain in the Finance, Budget and Technology Committee at this time (CR 367-02) The informational packet distributed at the Finance, Budget and Technology Committee meeting of April 25, 2011, re the matter of placing a Public Safety Millage on the August 2011 Primary Election, was received and placed on file for the information of the Council (CR 117-11) On a motion by Pastor, seconded by Laura, it was #138-11 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated April 25, 2011, submitted pursuant to Council Resolution 117-11, regarding the matter of placing a Public Safety Millage on the August 2011 Primary Election, the Council does hereby refer the subject of mutual aid contracts to the Administration for a report and recommendation Regular Meeting Minutes of May 11, 2011 37870 A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Brosnan, Pastor, Meakin, Laura, and McCann NAYS Schwartz. The President declared the resolution adopted On a motion by Schwartz, seconded by Toy, the following resolution was offered WHEREAS, having sufficient police and fire personnel and support costs is of concern to citizens, residents and property owners in the City of Livonia, and WHEREAS, the Council of the City of Livonia has determined that there is an immediate and pressing need to properly provide for the ongoing costs of public safety within the community, and WHEREAS, the Council of the City of Livonia has determined that in order to maintain proper standards of police and fire personnel and to have sufficient revenues for police and fire personnel and support costs, it is necessary to levy and collect a tax of 1 7 mills annually for a limited term of five years on all real and personal property subject to taxation in the City of Livonia, in addition to amounts previously authorized, NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of 1909, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 1 in Chapter VIII, which changed section shall read as follows CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax; Tax Limit The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law Regular Meeting Minutes of May 11, 2011 37871 enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978, in an amount not to exceed fifteen one-hundredths (15/100) of one (1 ) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1990, in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1999, in an amount not to exceed four-fiftieths (4/50) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the establishment of a community recreation center and for recreation personnel, equipment, supplies, operations and facilities in the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a ten year period commencing on December 1, 2002, in an amount not to exceed eighty-nine one-thousandths (89/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees within the City; provided, further, that in addition thereto, the City shall have the power, only if the City first withdraws from the Wayne County Transportation Authority (which funds are currently used in part for the operation of the Suburban Mobility Authority for Regional Transportation [SMART]), to annually levy and collect taxes each year commencing on July 1, 2006, in an amount not to exceed five one- hundredths (5/100) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the City's community transit program and capital improvements within the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a five year period, Regular Meeting Minutes of May 11, 2011 37872 commencing on December 1, 2011, in an amount not to exceed one hundred seventy one-thousandths (170/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for police and fire personnel and support costs in the City flhar RESOLVED FURTHER, that the provisions of the existing section of the Charter of the City of Livonia which is altered, abrogated or affected by this proposal, if adopted, now reads as follows CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax; Tax Limit The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978, in an amount not to exceed fifteen one-hundredths (15/100) of one (1 ) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1990, in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1999, in an amount not to exceed four-fiftieths (4/50) of Regular Meeting Minutes of May 11, 2011 37873 one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the establishment of a community recreation center and for recreation personnel, equipment, supplies, operations and facilities in the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a ten year period commencing on December 1, 2002, in an amount not to exceed eighty-nine one-thousandths (89/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees within the City; provided, further, that in addition thereto, the City shall have the power, only if the City first withdraws from the Wayne County Transportation Authority (which funds are currently used in part for the operation of the Suburban Mobility Authority for Regional Transportation [SMART]), to annually levy and collect taxes each year commencing on July 1, 2006, in an amount not to exceed five one- hundredths (5/100) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the City's community transit program and capital improvements within the City RESOLVED FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows City Charter amendment authorizing City to levy and collect annually for five years commencing December 1, 2011, an additional tax not exceeding 1 7 mills to provide revenues for police and fire personnel and support costs RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law RESOLVED FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at a Special City Election to be held on August 2, 2011, and the City Clerk is hereby directed to give notice of election and notice of registration therefore in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law RESOLVED FURTHER, that Tuesday, August 2, 2011, is hereby designated as the date for holding a Special Election on the proposed Charter amendment and question Regular Meeting Minutes of May 11, 2011 37874 RESOLVED FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit: To maintain public safety services, shall the Livonia City Charter be amended for authority to levy and collect annually for five years commencing December 1, 2011, an additional tax not exceeding 17 mills providing revenues for police and fire personnel and support costs? Estimated revenue from 1 7 mills would be approximately $7,040,000 when first levied in December 2011 ($116 annually for average household) Yes / / No / / RESOLVED FURTHER, that the proposed amendment shall be published in full, together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said Special City Election to be held on August 2, 2011 RESOLVED FURTHER, that the City Clerk be and is hereby ordered and directed to post within the voting booths and in the polling places in which said election is conducted, a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law Police Chief Robert Stevenson spoke in favor of the proposed Public Safety Millage being placed on the ballot at the August 2011 Primary election Fire Chief Shadd Whitehead spoke in favor of the proposed Public Safety Millage being placed on the ballot at the August 2011 Primary election On a motion by Meakin, it was RESOLVED, that the Council does hereby call the question and end the debate The President declared the motion failed for lack of support. Scott Morgan, President of Livonia Police Officers' Association, spoke in favor of the proposed Public Safety millage and encouraged Council to put the matter on the ballot at the August 2011 Primary election Dave Bostater, President of the Livonia Firefighters' Union, spoke in favor of the Regular Meeting Minutes of May 11, 2011 37875 proposed Public Safety millage and encouraged Council to put the matter on the ballot. Mr Bostater concluded by stating the number of firefighters for the City has decreased from 112 to 76 and felt this was a critical matter that should be decided by the voters The following individuals spoke in favor of the proposed Public Safety Millage being put on the August 2011 Primary election ballot: Bob Sakuta, President of Delta Research and Delta Gear, Livonia, Josie Smith, Silver Village resident, Livonia, Lon Cade, 12420 Swan Farm, Brighton, Mae Yeomans, Silver Village resident, Livonia, Craig Nehasil, 9021 Hubbard, Livonia, Donna Nehasil, 9021 Hubbard, Livonia, Charlie Kazar, Valentino's Pizza, 31200 Five Mile Road, Livonia, Steve Crosby, 15092 Yale Street, Livonia, and Paul Beroff, 15614 Liverpool, Livonia The following individuals spoke in opposition of the proposed Public Safety Millage being put on the August 2011 Primary election ballot: Richard Dutton, 17416 McNamara Drive, Livonia, Edward Collins, 9658 Wayne Road, Livonia, and George Boller, 36270 Hammer Lane, Livonia Christopher Martin, 12275 Inkster Road, addressed Council to state he would like to see the proposed Public Safety Millage placed on the ballot during the November General election, which he stated had a higher voter turn out. Michael Lewinsky, 9331 California, addressed Council to indicate he was upset with the Administration for not being responsible and showing the City's Budget to the citizens with all of its shortfalls prior to proposing a Public Safety Millage and felt the matter should be put on the General election ballot in November where more voters could decide At 10 00 p m President McCann relinquished the gavel to Vice President Laura to speak in favor of placing the proposed Public Safety Millage on the ballot at the August 2011 Primary election On a motion by McCann, seconded by Brosnan, it was RESOLVED, that the Council does hereby determine to substitute a resolution with a ten year sunset clause in lieu of the proposed five year sunset clause A roll call vote was then taken on the motion to substitute with the following result: AYES Brosnan and McCann Regular Meeting Minutes of May 11, 2011 37876 NAYS Toy, Schwartz, Pastor, Meakin, and Laura Vice President Laura declared the motion to substitute failed At 10 20 p m Vice President Laura relinquished the gavel to Senior Councilmember Toy to speak in opposition to the proposed Public Safety Millage being placed on the ballot at the August 2011 Primary election A roll call vote was then taken on the originally proposed resolution as follows #139-11 WHEREAS, having sufficient police and fire personnel and support costs is of concern to citizens, residents and property owners in the City of Livonia, and WHEREAS, the Council of the City of Livonia has determined that there is an immediate and pressing need to properly provide for the ongoing costs of public safety within the community, and WHEREAS, the Council of the City of Livonia has determined that in order to maintain proper standards of police and fire personnel and to have sufficient revenues for police and fire personnel and support costs, it is necessary to levy and collect a tax of 1 7 mills annually for a limited term of five years on all real and personal property subject to taxation in the City of Livonia, in addition to amounts previously authorized, NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of 1909, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 1 in Chapter VIII, which changed section shall read as follows CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax; Tax Limit. The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power Regular Meeting Minutes of May 11, 2011 37877 to annually levy and collect taxes each year commencing on December 1, 1978, in an amount not to exceed fifteen one-hundredths (15/100) of one (1 ) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1990, in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1999, in an amount not to exceed four-fiftieths (4/50) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the establishment of a community recreation center and for recreation personnel, equipment, supplies, operations and facilities in the City, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a ten year period commencing on December 1, 2002, in an amount not to exceed eighty-nine one-thousandths (89/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees within the City; provided, further, that in addition thereto, the City shall have the power, only if the City first withdraws from the Wayne County Transportation Authority (which funds are currently used in part for the operation of the Suburban Mobility Authority for Regional Transportation [SMART]), to annually levy and collect taxes each year commencing on July 1, 2006, in an amount not to exceed five one- hundredths (5/100) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the City's community transit program and capital improvements within the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a five year period, commencing on December 1, 2011, in an amount not to exceed one hundred seventy one-thousandths (170/1000) of one (1) per centum of Regular Meeting Minutes of May 11, 2011 37878 the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for police and fire personnel and support costs in the City RESOLVED FURTHER, that the provisions of the existing section of the Charter of the City of Livonia which is altered, abrogated or affected by this proposal, if adopted, now reads as follows CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax, Tax Limit The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978, in an amount not to exceed fifteen one-hundredths (15/100) of one (1 ) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1990, in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1999, in an amount not to exceed four-fiftieths (4/50) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing Regular Meeting Minutes of May 11, 2011 37879 additional revenues for the establishment of a community recreation center and for recreation personnel, equipment, supplies, operations and facilities in the City, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a ten year period commencing on December 1, 2002, in an amount not to exceed eighty-nine one-thousandths (89/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees within the City; provided, further, that in addition thereto, the City shall have the power, only if the City first withdraws from the Wayne County Transportation Authority (which funds are currently used in part for the operation of the Suburban Mobility Authority for Regional Transportation [SMART]), to annually levy and collect taxes each year commencing on July 1, 2006, in an amount not to exceed five one- hundredths (5/100) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the City's community transit program and capital improvements within the City RESOLVED FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows City Charter amendment authorizing City to levy and collect annually for five years commencing December 1, 2011, an additional tax not exceeding 1 7 mills to provide revenues for police and fire personnel and support costs RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law RESOLVED FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at a Special City Election to be held on August 2, 2011, and the City Clerk is hereby directed to give notice of election and notice of registration therefore in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law RESOLVED FURTHER, that Tuesday, August 2, 2011, is hereby designated as the date for holding a Special Election on the proposed Charter amendment and question RESOLVED FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit: Regular Meeting Minutes of May 11, 2011 37880 To maintain public safety services, shall the Livonia City Charter be amended for authority to levy and collect annually for five years commencing December 1, 2011, an additional tax not exceeding 17 mills providing revenues for police and fire personnel and support costs? Estimated revenue from 1 7 mills would be approximately $7,040,000 when first levied in December 2011 ($116 annually for average household) Yes / / No / / RESOLVED FURTHER, that the proposed amendment shall be published in full, together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said Special City Election to be held on August 2, 2011 RESOLVED FURTHER, that the City Clerk be and is hereby ordered and directed to post within the voting booths and in the polling places in which said election is conducted, a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law with the following result: AYES Brosnan, Schwartz, Meakin, McCann, and Toy NAYS Pastor and Laura Senior Councilmember Toy declared the resolution adopted President McCann resumed the gavel at 10 30 p m A communication from Dorothy Bruce, dated May 10, 2011, re in opposition to the supplemental millage being placed on the August 2011 Primary election ballot to address the needs of the Senior Center and Greenmead Historical Village, was received and placed on file for the information of the Council On a motion by Toy, seconded by Brosnan, it was Regular Meeting Minutes of May 11, 2011 37881 #140-11 WHEREAS, maintaining cultural and senior services is of concern to citizens, residents and property owners in the City of Livonia, and WHEREAS, the Council of the City of Livonia has determined that there is an immediate and pressing need to properly provide for the ongoing costs of cultural and senior services within the community, including the Livonia Senior Center and Greenmead Historical Village, and WHEREAS, the Council of the City of Livonia has determined that in order to have sufficient revenues for staff, maintenance, and support costs for cultural and senior services, including the Livonia Senior Center and Greenmead Historical Village, it is necessary to levy and collect a tax of 0 25 mill annually for a limited term of five years on all real and personal property subject to taxation in the City of Livonia, in addition to amounts previously authorized, NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of 1909, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 1 in Chapter VIII, which changed section shall read as follows CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax, Tax Limit. The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978, in an amount not to exceed fifteen one-hundredths (15/100) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on Regular Meeting Minutes of May 11, 2011 37882 December 1, 1984, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1990, in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1999, in an amount not to exceed four-fiftieths (4/50) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the establishment of a community recreation center and for recreation personnel, equipment, supplies, operations and facilities in the City, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a ten year period commencing on December 1, 2002, in an amount not to exceed eighty-nine one-thousandths (89/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees within the City; provided, further, that in addition thereto, the City shall have the power, only if the City first withdraws from the Wayne County Transportation Authority (which funds are currently used in part for the operation of the Suburban Mobility Authority for Regional Transportation [SMART]), to annually levy and collect taxes each year commencing on July 1, 2006, in an amount not to exceed five one- hundredths (5/100) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the City's community transit program and capital improvements within the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a five year period, commencing on December 1, 2011, in an amount not to exceed twenty-five one-thousandths (25/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole 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 Regular Meeting Minutes of May 11, 2011 37883 RESOLVED FURTHER, that the provisions of the existing section of the Charter of the City of Livonia which is altered, abrogated or affected by this proposal, if adopted, now reads as follows itsw CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax; Tax Limit, The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978, in an amount not to exceed fifteen one-hundredths (15/100) of one (1 ) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1990, in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1999, in an amount not to exceed four-fiftieths (4/50) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the establishment of a community recreation center and for recreation personnel, equipment, supplies, operations and facilities in the City, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year Regular Meeting Minutes of May 11, 2011 37884 for a ten year period commencing on December 1, 2002, in an amount not to exceed eighty-nine one-thousandths (89/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees within the City; provided, further, that in addition thereto, the City shall have the power, only if the City first withdraws from the Wayne County Transportation Authority (which funds are currently used in part for the operation of the Suburban Mobility Authority for Regional Transportation [SMART]), to annually levy and collect taxes each year commencing on July 1, 2006, in an amount not to exceed five one- hundredths (5/100) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the City's community transit program and capital improvements within the City RESOLVED FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows Charter amendment authorizing tax levy commencing December 1, 2011, not exceeding 0.25 mill annually for five years providing revenues for cultural and senior services, including Senior Center and Greenmead RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law RESOLVED FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at a Special City Election to be held on August 2, 2011, and the City Clerk is hereby directed to give notice of election and notice of registration therefore in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law RESOLVED FURTHER, that Tuesday, August 2, 2011, is hereby designated as the date for holding a Special Election on the proposed Charter amendment and question RESOLVED FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit: To maintain cultural and senior services including the Livonia Senior Center and Greenmead Historical Village, shall the Livonia City Charter be amended for authority to Regular Meeting Minutes of May 11, 2011 37885 levy and collect annually for five years commencing December 1, 2011, an additional tax not exceeding 0 25 mill providing revenues for staff, maintenance, and support costs? Estimated revenue from 0 25 mill would be approximately $1,035,000 when first levied in December 2011 ($17 annually for average household) Yes / / No / / RESOLVED FURTHER, that the proposed amendment shall be published in full, together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said Special City Election to be held on August 2, 2011 RESOLVED FURTHER, that the City Clerk be and is hereby ordered and directed to post within the voting booths and in the polling places in which said election is conducted, a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Brosnan, Schwartz, Meakin, and McCann NAYS Pastor and Laura The President declared the resolution adopted The following individuals spoke in favor of the proposed millage for the Senior Center and Greenmead Historical Village being put on the August 2011 Primary election ballot: Josie Smith, Silver Village resident, Livonia, Carolyn Nims, 18996 Gillman, Livonia, Cathy Teet, 39384 Lyndon, Livonia, and Sue Daniel, Chairperson of the Livonia Historical Commission Schwartz took from the table, for second reading and adoption, the following Ordinance Regular Meeting Minutes of May 11, 2011 37886 AN ORDINANCE AMENDING SECTION 060 OF TITLE 5, CHAPTER 33 (GARAGE, YARD, BASEMENT AND RUMMAGE SALES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Toy, Brosnan, Schwartz, Pastor, Meakin, Laura, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Meakin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 2, CHAPTER 32 (UNCLAIMED PERSONAL PROPERTY) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Toy, Brosnan, Schwartz, Pastor, Meakin, Laura, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Toy took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 050, 060, 070, 110 AND 200 OF TITLE 2, CHAPTER 04 (CITY COUNCIL) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Toy, Brosnan, Schwartz, Pastor, Meakin, Laura, and McCann NAYS None Regular Meeting Minutes of May 11, 2011 37887 The President declared the foregoing Ordinance duly adopted, and would become effective on publication imp On a motion by Brosnan, seconded by Meakin, it was #141-11 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated April 8, 2011, which bears the signature of the Director of Finance and the City Attorney and is approved for submission by the Mayor, submitted pursuant to Council Resolution 518-08, the Council does hereby accept the offer of Grigore and Silvia Turcas to purchase City-owned property located at 9071 Deering, Livonia, Michigan in the Southeast 1/4 of Section 36, further described as Lot 41, Joy Road Cozy Homesites Subdivision, according to the Plat thereof as recorded in Liber 69 of Plats, Page 7, Wayne County Records, for a total purchase price of$6,000 00, the action herein being taken in order to best serve the interests of the community; FURTHER, the Council does hereby direct that the sale proceeds be directed to the Neighborhood Stabilization Program for purposes consistent with the NSP Grant Agreement; and the Director of the Housing Commission s hereby requested to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Director of the Housing Commission and the Department of Law are 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 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann NAYS Laura The President declared the resolution adopted On a motion by Toy, seconded by Meakin, it was #142-11 RESOLVED, THAT WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the Secretary of Housing and Urban Development is Regular Meeting Minutes of May 11, 2011 37888 authorized to make grants to units of local government to help finance community development programs, and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and WHEREAS, to obtain its Fiscal Year 2011-2012 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1974, the City of Livonia must submit a statement of community development objectives and project use of funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate federal and state laws and Department of Housing and Urban Development regulations, and satisfactory assurances that, prior to submission of its Final Statement of Community Development Objectives and Projected Use of Funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate income persons, and other important program requirements, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed Statement of Community Development Objectives and Projected Use of Funds NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia, Michigan, that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year 2011-2012 Community Development Block Grant Program is hereby approved and shall be submitted to the Department of Housing and Urban Development Further, the Director of Housing, Mayor and City Clerk shall have the authority to execute the sub-recipient contracts A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann NAYS Laura The President declared the resolution adopted Regular Meeting Minutes of May 11, 2011 37889 On a motion by Toy, seconded by Meakin, and unanimously adopted, it was #143-11 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated April 18, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached proposed hold harmless contracts between the City of Livonia and First Step, Fair Housing Center of Metropolitan Detroit, Jacque Martin- Downs, MA/MSW, St. John Health System/Eastwood Clinics, John V Farrar, Ed D, LPC, Hegira Programs, Inc , Madonna University; and Quality Care Counseling for the period July 1, 2011, through June 30, 2012, in connection with the CDBG-funded victim assistance, fair housing initiative and mental health counseling programs, the Council does hereby authorize the Mayor, City Clerk and Housing Director, for and on behalf of the City of Livonia, to execute the hold harmless contracts in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution On a motion by Meakin, seconded by Schwartz, and unanimously adopted, it was #144-11 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated April 21, 2011, approved for submission by the Mayor, to which is attached a proposed 2011-16 Community Development Block Grant (CDBG) Consolidated Plan for the City of Livonia, the Council does hereby approve the CDBG Consolidated Plan for the five-year period (2011- 2016) and does hereby approve the submission of same to the U S Department of Housing and Urban Development. A communication from the Public Service Division, dated May 5, 2011, re clarification on bid for boiler replacement at the old court building, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Toy, and unanimously adopted, it was #145-11 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Operations, the Director of Public Works and the District Court Administrator, dated April 19, 2011, which bears the signature of the Director of Finance Regular Meeting Minutes of May 11, 2011 37890 and is approved for submission by the Mayor, the Council does hereby accept the bid of Denny's Heating, Cooling & Refrigeration Services, Inc , 3166 Martin Road, Walled Lake, Michigan 48390, for completing all work in connection with the old court building boiler replacement in the total amount of $109,900 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an additional appropriation and expenditure in an amount not to exceed $17,584 00 for construction and abatement contingencies that may be found during the course of the demolition activities or as a result of State of Michigan Boiler Inspector requirements, FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $127,484 00 from funds budgeted in Account No 470 (Court Building Fund) for this purpose, FURTHER, the Director of Public Works is hereby authorized to approve any minor adjustments in the work as it becomes necessary A communication from Al Zack, Rock, Inc of Michigan, received on May 5, 2011, re outdoor car storage lot for property located at 36534 Plymouth Road, was received and placed on file for the information of the Council (Petition 2011-03-02-03) On a motion byBrosnan, seconded byMeakin, and unanimously adopted, it was #146-11 RESOLVED, that having considered a communication from the City Planning Commission, dated April 20, 2011, which transmits its resolution 04-14-2011, adopted on April 19, 2011, with regard to Petition 2011-03-02-03, submitted by Dick Scott Classic Motorcycles requesting waiver use approval for the outdoor storage and display of vehicles and motorcycles on property located on the north side of Plymouth Road between Levan Road and Newburgh Road (36534 Plymouth Road), in the Southwest 1/4 of Section 29, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2011-03-02-03 is hereby approved and granted, subject to the following conditions 1 That the Plan dated April 1, 2011, prepared by R G Myers & Associates, is hereby approved and shall be adhered to, 2 That the outside display shall be limited to motorcycles only, and that the display of any automobiles either within the parking lot or front yard of the subject property shall first require the Regular Meeting Minutes of May 11, 2011 37891 submittal of a revised site plan and review and approval of the Planning Commission, 3 That the number of motorcycles to be displayed outdoors shall be limited to fourteen (14) within the areas shown on the site plan, and that no motorcycles for sale shall be displayed closer than twenty feet (20') from the front lot line, 4 That there shall be no outdoor storage of parts, equipment, scrap material, waste petroleum products or other similar items in connection with the service repair facility, and the overhead doors, when not in use for vehicles entering or exiting the service facility, shall be closed at all times, 5 That all regular customer and employee parking spaces shall be double striped, including the provision of barrier free parking with proper signage, marking and configuration, and all regular parking spaces shall be 10 feet by 20 feet in size as required, 6 That the Petitioner shall work with staff and the Plymouth Road Development Authority (PRDA) on plans to install additional landscaping and other streetscape improvements (i e , brick piers and fencing) along Plymouth Road, 7 That all existing landscaped areas shall be cleaned up, re- managed and permanently maintained in a healthy condition, 8 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, 9 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, 10 That there shall be no outdoor loud speakers, 11 That the outdoor storage of vehicles shall be limited to the rear yard storage area as shown on the above referenced Plan and shall be maintained in an orderly manner; 12 That the storage yard shall be hard surfaced with crushed rock or gravel prior to the issuance of the Certificate of Occupancy by the Inspection Department and shall be maintained in a dust- proof condition, and said storage area shall be properly graded and drained to dispose of all surface water in a manner as approved by the Engineering Division, provided, further, that the storage yard shall be improved with a minimum of six (6) inches Regular Meeting Minutes of May 11, 2011 37892 of concrete or plant-mixed asphalt or a paving improvement of equivalent design as approved by the Engineering Division within two (2) years from the date that the Certificate of Occupancy is issued by the Inspection Department; 13 That the entire area utilized for vehicle storage shall be enclosed by a fence of a type approved by the Inspection Department; 14 That any lighting equipment added to the site shall be directed and shielded/hooded so as to minimize glare trespassing on adjacent properties and roadways, and that the height of such equipment shall be limited to 20 feet; 15 That the existing asphalt parking areas shall be repaired, resealed and restriped to the satisfaction of the Inspection Department, 16 That only minor repairs and maintenance work on vehicles be conducted at this site, and that repair work shall not include collision repair; 17 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 18 That the petitioner shall enter into a Conditional Agreement limiting this waiver use to this user only, with the provision to extend this waiver use to a new user only upon approval of the new user by the City Council A Letter of Understanding, dated April 7, 2011, re Dance- Entertainment Permit to be held in conjunction with a 2010 Class C license for Fonte Business Acquisition, LLC, for the business located at 32030 Plymouth Road, was received and placed on file for the information of the Council A communication from the Department of Law, dated April 15, 2011, re Liquor Control Commission violation history for Fonte Business Acquisition, LLC, for the business located at 32030 Plymouth Road, was received and placed on file for the information of the Council Regular Meeting Minutes of May 11, 2011 37893 A communication from the Wayne County Treasurer, dated April 20, 2011, re Delinquent Tax Statement for the real property located at 32030 Plymouth Road for tax years 2009 and 2010, was received and placed on file for the information of the Council A communication from Councilmember Maureen Miller Brosnan, dated April 20, 2011, re questions concerning the request for a Dance-Entertainment Permit to be held in conjunction with a 2010 Class C license for business located at 32030 Plymouth Road, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Toy, and unanimously adopted it was #147-11 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 22, 2010, and the report and recommendation of the Chief of Police, dated March 22, 2011, approved for submission by the Mayor, the Council does hereby refer the request from Fonte Business Acquisition, LLC for a Dance- Entertainment Permit to be held in conjunction with a 2010 Class C licensed business with Official Permit (Food) for a business located at 32030 Plymouth Road, Livonia, Michigan 48150, Wayne County, the Council does hereby refer the matter to the Committee of the Whole for its report and recommendation John D'Angelis, representative on behalf of Fonte Business Acquisition, LLC, addressed Council to inform them all delinquent real property taxes for the business located at 32030 Plymouth Road have been paid to date and was present to answer any questions of Council Two separate communications from Councilmember John R. Pastor, dated April 14, 2011, and April 15, 2011, re award of contract for the 2011 Sidewalk Replacement Program — Contract 11-G, were received and placed on file for the information of the Council (CR 31-11) On a motion by Pastor, seconded by Meakin, it was Regular Meeting Minutes of May 11, 2011 37894 #148-11 RESOLVED, that having considered a communication from the City Engineer, dated April 1, 2011, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Joe Rotondo Construction, 38807 Ann Arbor Road, Suite 2, Livonia, Michigan 48150, for completing all work required in connection with the 2011 Sidewalk Replacement Program (Contract 11-G) at the unit prices bid for a total amount not to exceed $629,692 03, based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, FURTHER, the Council hereby acknowledges that Joe Rotondo Construction is a company located in Livonia, FURTHER, the Council has determined to accept the bid of Joe Rotondo Construction in lieu of the low bid because there is a small disparity between the low bid and the bid submitted by Joe Rotondo Construction and in that Joe Rotondo Construction is a local company; FURTHER, the Council does hereby authorize an advance in the amount of $245,370 66 (single lot assessment portion of the program) from the Road, Sidewalk and Tree Fund with the provision that this fund be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are subsequently received from the payment of bills and assessments by affected property owners, FURTHER, the Council does hereby authorize an expenditure in the amount of $20,923 08 from the Unexpended Fund Balance of the Major Road Account and $77,483 26 from the Unexpended Fund Balance of the Local Road Account of the Michigan Transportation Fund to cover the costs related to the construction or reconstruction of handicap ramps at major and local roads, FURTHER, the Council does hereby authorize an expenditure in the amount of $27,537 40 from the Unexpended Fund Balance of the Water and Sewer Fund for sidewalk work adjacent to and including water, storm and sanitary structure repairs, FURTHER, the Council does hereby authorize an expenditure in the amount of $321,346 83 from funds already budgeted for this purpose from the Road, Sidewalk and Tree Fund (Account No 204- 441-818-104 — Contractual Service Sidewalk) for repair of sidewalks heaved by tree roots, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; 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 bidder and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Brosnan, Pastor, Meakin, Laura, and McCann NAYS Schwartz. Regular Meeting Minutes of May 11, 2011 37895 The President declared the resolution adopted On a motion by Meakin, seconded by Toy, it was #149-11 RESOLVED, that having considered a communication from the City Planning Commission, dated March 2, 2011, which sets forth its resolution 03-08-2011 adopted on March 1, 2011, with regard to Petition 2011-01-01-01, submitted by Robert Semaan for a change of zoning of property located on the north side of Plymouth Road, between Wayne Road and Stark Road (34800 Plymouth Road), in the Southwest 1/4 of Section 28 from C-1 to C-2 (Local Business to General Business), and the Council having conducted a public hearing with regard to this matter on Monday, April 18, 2011, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2011-01-01-01 is hereby denied for the following reasons 1 That this general area in the vicinity of the Plymouth Road and Wayne Road intersection contains sufficient commercially zoned lands to adequately provide for this type of use, 2 That the proposed change of zoning is not needed to utilize the subject property; 3 That the proposed change of zoning would provide for more general commercial use of the subject property in an otherwise primarily local commercial area, 4 That the petitioner has failed to adequately demonstrate a need for this type of use in this area, 5 That the proposed change of zoning would be incompatible to and not in harmony with the residential uses in the area, 6 That the proposed change of zoning would adversely affect the well-being of the nearby residential neighborhood, and 7 That maintaining the zoning boundaries as they currently exist in this area would serve the best interests of the community at large A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Schwartz, Pastor, Meakin, Laura, and McCann NAYS Toy The President declared the resolution adopted Regular Meeting Minutes of May 11, 2011 37896 Toy stepped down from the podium at 11 00 p m to avoid a perceived conflict of interest. Two communications from Lionel E LaMay, President of Riverside Arena, Inc , dated April 21, 2011, and May 9, 2011, re proposed Special Assessment District for the operation of the irrigation system along portions of Plymouth Road formerly paid for utilizing PRDA funds, was received and placed on file for the information of the Council (CR 32-11 and CR 79-11) On a motion by Meakin, seconded by Schwartz, and unanimously adopted, it was #150-11 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 7, 2011, on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been field thereon on Monday, April 18, 2011, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine necessity for the operation of an irrigation system along portions of Plymouth Road formerly paid for utilizing PRDA funds, located between Inkster Road and 36655 Plymouth Road, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such irrigation system by special assessment upon the properties especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated March 7, 2011, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; Regular Meeting Minutes of May 11, 2011 37897 (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Parts of Sections 25 through Section 30, also Sections 32 through Section 36, T 1 S , R 9E , City of Livonia, Wayne County, Michigan A parcel of land described as commencing at the S E 1/4 corner of Section 25, proceeding thence North, 250 feet along the centerline of Inkster Road, thence West within the Schanhite's Marquette Manor Subdivision (L. 61, P 63, W C R ) to the S E corner of Lot 200 and North to the N E. corner of Lot 199 and West to the N W corner of Lot 199 and South to the S W corner of Lot 199 and West to N E. 1/4 of Lot 201 and West to N W corner of Lot 20 and South to S W corner of Lot 201 and West to S E corner of Lot 380 and North to N E corner of Lot 382 and West to the N W corner of Lot 382 and South to S W corner of Lot 380 and West to S W corner of Lot 475, all of said lots being located within said Schanhite's Marquette Manor Subdivision, thence West to the centerline of Deering Avenue, thence North along said centerline to centerline of the Chesapeake and Ohio Railroad right-of-way; thence West to a point 1,320 feet West of the centerline of Farmington Road, thence South, 2,250 feet; thence West, 130 feet; thence North, 300 feet; thence West along the Newman Wadsworth Farms Subdivision (L. 71, P 56, W C R ) 640 feet; thence South, 270 feet; thence West, 240 feet to the East line of Walter Dann Subdivision (L. 67, P 79, W C R ), thence south, 100 feet; thence West to the centerline of Stark Road, thence North along said centerline to the centerline extension of Boston Post Road, thence westerly along the centerline of Boston Post Road to the centerline extension of Priscilla Lane, thence southerly along the centerline of Priscilla Lane 250 feet; thence West along the south lot lines of Lots 2 to 11, both inclusive Alden Village Subdivision (L 66, P 78, W C R ), thence North along the west lot lines of Lots 12, 31 and 32 of said Alden Village Subdivision, thence West, 250 feet to a point on the East subdivision line of Belden Industrial Park, (L. 101, P 99-100, W C R.), thence North along said East subdivision line to a point on the centerline of the Chesapeake and Ohio Railroad, thence westerly along said centerline to the west section line of Section 30, also known as the centerline of Eckles Road, thence South along the centerline of Eckles Road, as extended to a point 600 feet south of the centerline of Plymouth Road, thence Regular Meeting Minutes of May 11, 2011 37898 southeasterly 300 feet; thence northerly 300 feet; thence East, 170 feet; thence North to the centerline of Plymouth Road, thence southeasterly along the centerline of Plymouth Road to the centerline extension of Alois Avenue, thence South along said Alois Avenue 150 feet; thence easterly to the S W corner of Lot 53 and extending easterly along a vacated alley to the S E. corner of Lot 1, said lots being a part of Chaney and Bakewell's Plymouth Park, (L. 55, P 77, W C R ), thence North along the west subdivision lines of Hunter's Pointe Subdivision (L. 107, P 24-27, W C R ) and Newburgh Estates Subdivision (L.68, P 45, W C R ) to the centerline of Amrhein Road, thence East to the centerline of Newburgh Road, thence South, 1220 feet to the north lot line as extended of Lot 18, Woodlands Village Subdivision (L. 69, P 3, W C R.), thence East to the N E corner of said Lot 18, and southerly along the East subdivision line of said Woodlands Village Subdivision, to the S E corner of Lot 27 of said subdivision, thence West to the centerline of Newburgh Road, thence South to the centerline of Plymouth Road, thence westerly along the centerline of Plymouth Road 950 feet; thence South along the west lot line of Lot 547, Supervisor's Livonia Plat No 9 (L. 66, P 60, W C R ) to the south section line of Section 30, thence East along said section line and the centerline of Edward N Hines Drive to the centerline of Ann Arbor Road, thence northerly along the centerline of Ann Arbor Road 150 feet; thence easterly along the North property line of Edward Hines Parkway to the S E corner of Lot 25 Shaffmaster's Parkside Estates Subdivision (L 68, P 90, W C R.), thence northerly along the East lot line of said lot 25 to the centerline of Parkdale Avenue, thence easterly along said centerline to the East lot line, as extended, of Lot 13, Shaffmaster's Plymouth Riverside Estates Subdivision (L. 66, P 69, W C R ), thence North along the East lot line of said Lot 13, 20 feet; thence East to the West lot line of Lot 18 of said Shaffmaster's Plymouth Riverside Estates Subdivision, thence North to the N W corner of said Lot 18, thence East along the south lot lines of Lots 1 to 5, both inclusive, of said subdivision to the centerline of Levan Road, thence continuing East along the North lot line of Lot 1, Levan Court Subdivision (L 104, P 26, 27, W C R ) to the N E corner of said Lot 1, thence South to the S E corner of Lot 3 of said subdivision, thence East, 1157 feet along the North line of Elmira Avenue as extended to the west subdivision line of the Kenwood Park Subdivision (L 91, P i 75, 76, W C R ), thence North along said west subdivision line to the north subdivision line of said Kenwood Park Regular Meeting Minutes of May 11, 2011 37899 subdivision, thence East along the north subdivision lines of said Kenwood Park Subdivision, Yale Homes Subdivision (L 84, P 7, 8, W C R ) and Country Homes Subdivision No 1 (L. 76, P 70, 71, W C R ) to the centerline of Wayne Road, thence South, 50 feet; thence East along the North lot lines of Lots 12 and 75, Supervisor's Livonia Plat No 1 (L. 65, P 52, W C R ) to the centerline of Stark Road, thence easterly on three (3) headings along the north subdivision line of Wellington Woods Subdivision (L. 99, P 27 and 28, W C R ) to the N E corner of Lot 27 of said subdivision, thence North, 110 feet; thence East, 220 feet; thence South, 240 feet; thence East, 190 feet, thence North, 240 feet; thence East, 320 feet; thence North, 150 feet; thence East, 80 feet; thence North, 150 feet; thence East, 80 feet; thence South, 300 feet; thence East to the centerline of Farmington Road, thence South, 50 feet; thence West, 280 feet; thence South, 400 feet; thence East, to the centerline of Farmington Road, thence South, 350 feet; thence East along the north subdivision line of Rosedale Gardens No 11 (L. 74, P 67, W C R ) to the centerline of Woodring Avenue, thence North to the centerline of Plymouth Road, thence East to the centerline of Hubbard Road, thence South, 180 feet to the south line of a 20 foot wide alley, Rosedale Gardens No 1 Subdivision (L 56, P 59, W C R ), thence East along said south line to the centerline of Merriman Road, thence South to a point 415 feet south of the centerline of Plymouth Road, thence East, 800 feet; thence North, 100 feet, thence East 250 feet to the centerline of Hubbell Avenue, thence South, 100 feet; thence East, 250 feet; thence South to N W corner of Lot 42, Devonshire Park Subdivision (L 76, P 59, 60, W C R ), thence East to the N E corner of Lot 27 and South to the N W corner of Lot 1 of said Devonshire Park Subdivision, thence East along the north subdivision line of the Bel-Aire Gardens Subdivision (L 75, P 48, W C R ) to a point 183 feet west of the centerline of Middlebelt Road, thence South, 146 feet to the centerline of Orangelawn Avenue, thence East, 183 feet to the centerline of Middlebelt Road, thence South along said centerline, 80 feet; thence East, 280 feet; thence North, 230 feet to the centerline of Orangelawn Avenue, thence West, 280 feet to the centerline of Middlebelt Road, thence North along said centerline to West extension of the centerline of Elmira Avenue, thence East along the centerline of Elmira Avenue to the west lot line of Lot 1, as extended, of the Greenette Subdivision (L 74, P 65, 66, W C R ), thence North along said west lot line to the north line of said Greenette Regular Meeting Minutes of May 11, 2011 37900 Subdivision, thence East along the North subdivision line of said Greenette Subdivision, as platted, to the N E corner of Lot 16 of said subdivision, thence South to the N W corner of Lot 121, Thomas Elliot Subdivision (L. 72, P 19, W C R.), thence East along the North subdivision line of said subdivision to the centerline of Deering Avenue, thence North, 150 feet; thence easterly along the centerline of a twenty (20) foot wide alley lying south of and adjacent to Lots 924 to 949, both inclusive, New Detroit Subdivision No 1, (L. 62, P 85, W C R ) to the centerline of Cavell Avenue, thence continuing easterly along the centerline of a twenty (20) foot wide alley lying south of and adjacent to Lots 1 to 13, both inclusive, and also Lots 135 to 146, both inclusive, New Detroit Subdivision (L 61, P 85, W C R ) to the centerline of Inkster Road, thence North, 100 feet to the S E 1/4 corner of Section 25 and the Point of Beginning, EXCEPT the following parcel of land That part of the S W '/4 of Section 25 described as beginning at a point distant East along the centerline of the Chesapeake and Ohio Railroad right-of-way 1970 feet and South along the centerline of Hartel Avenue, as extended, 650 feet from the West '/4 corner of said Section 25, proceeding thence West, 220 feet, thence North, 360 feet; thence West, 440 feet; thence South, 1030 feet; thence West, 660 feet; thence South, 960 feet; thence East, 440 feet; thence North, 540 feet; thence northeasterly 240 feet; thence South, 610 feet; thence East, 660 feet to the centerline of Hartel Avenue, thence North along said centerline, 1,640 feet to the point of beginning, ALSO EXCEPT parcels on the north side of Plymouth Road, west of Market Street in Sections 29 and 30, parcels on the south side of Plymouth Road, west of 36655 Plymouth Road in Sections 32 and 30 (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated March 7, 2011, (8) as set forth in the correspondence from Lionel E LaMay, President of Riverside Arena, which is dated May 9, 2011, and attached hereto, the owners of 36635 Plymouth Road concur in the City's determination that the project, by assisting in the beautification of the immediate vicinity of 36635 Plymouth Road will enhance the value of 36635 Plymouth Road, as compared with the value of 36635 Plymouth Road without the project, by an amount sufficient to support an assessment against the property of an estimated amount of $0 52 per front foot, notwithstanding that the owners of 36635 Plymouth Road own Regular Meeting Minutes of May 11, 2011 37901 and operate their own irrigation system on 36635 Plymouth Road and are therefore not directly served by the project. The Council finds that the value of properties directly served by the project will be enhanced, as compared with their values without the project, sufficiently to support an assessment of an estimated amount of $2 60 per front foot; and (9) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances Toy returned to the podium at 11 02 p m On a motion by Toy, seconded by Meakin, and unanimously adopted, it was #151-11 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Linear Mold & Engineering, Inc , dated March 10, 2011, covering new industrial facilities to be located within City of Livonia Industrial Development Overlay District No 111, and 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 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 Linear Mold & Engineering, Inc., 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 , Wednesday, April 20, 2011, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 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, Linear Mold & Engineering, Inc , 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 Regular Meeting Minutes of May 11, 2011 37902 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 Linear Mold & Engineering, Inc , covering new equipment for their facility located within the City of Livonia Industrial Development Overlay District No 111, for 6 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 incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facilities Exemption Certificates George Donabedian, 14236 Beatrice, addressed Council to speak in favor of the proposed Industrial Facilities Exemption Certificate as submitted by Linear Mold & Engineering, Inc and indicated he had recently visited the business and felt it would be beneficial to both the business and the City There was no Audience Communication at the end of the meeting On a motion by Toy, seconded by Meakin, and unanimously adopted, this 1,680th Regular Meeting of the Council of the City of Livonia was adjourned at 1105pm Terry Aarecki, City Clerk