HomeMy WebLinkAboutCOUNCIL MINUTES 2016-10-17
39959
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND ELEVENTH
REGULAR MEETING OF OCTOBER 17, 2016
On October 17, 2016 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by
President Kathleen McIntyre at 7:00 p.m. Councilmember Scott Bahr, along with
Boy Scout Troop 782, led the meeting in the Pledge.
Roll was called with the following result: Scott Bahr, Brian Meakin,
Brandon Kritzman, Maureen Miller Brosnan, Jim Jolly, Cathy White and Kathleen
McIntyre. Absent: None.
Elected and appointed officials present: Mark Taormina, Director
of Planning; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan M.
Nash, City Clerk; Michael Slater, Director of Finance; Curtis Caid, Chief of Police;
Ted Davis, Director of Parks and Recreation; Jackie Higham, Office of the City
Council; Lynda Scheel, Treasurer; and Dave Varga, Director of Administrative
Services.
On a motion by Jolly, supported by Brosnan, and unanimously
adopted, it was:
#382-16 RESOLVED, that the Minutes of the 1,810th
Regular Meeting of the Council held October 3, 2016 are
hereby approved as submitted.
President McIntyre announced there will be two X-items at the end of tonight’s
agenda.
She then stated there will are two Public Hearings coming up on Wednesday,
th
November 9, 2016 at 7:00 p.m. in City Council Chambers, located on the
second floor of the City Hall, 33000 Civic Center Drive, Livonia, regarding:
Regular Meeting Minutes of October 17, 2016 39960
PETITION 2016-08-01-06 submitted by TNA Enterprises, to rezone
the property located on the northwest corner of Seven Mile and
Inkster Roads in the Southeast 1/4 of Section 1, from C-1 (Local
Business) to C-2 (General Business).
A Public Hearing regarding the necessity for a Proposed Special
Assessment LED Street Lighting Necessity Project in the Arbor
Trail Estates Site Condominiums, in the S.E. ¼ of Section 32,
located north of Ann Arbor Trail, between Wayne Road and
Newburgh Road, pursuant to Chapter 08 of Title 3 of the Livonia
Code of Ordinances, as amended, entitled “Special Assessment
Procedure Ordinance.”
President McIntyre indicated there is new data on Items 6, 8, 9 and 13.
During Audience Communication Jody White, 9353 Houghton,
commended the Law Department, and in particular Eric Goldstein, for
assisting her in finding information that she was seeking.
Brian Morrow, candidate for one of the four open judicial seats in the
Wayne County Circuit Court, introduced himself and gave a brief
dissertation of his experience in the legal arena.
A communication from the Department of Finance, dated
September 20, 2016, re: forwarding various financial statements of the
City of Livonia for the month ending August 31, 2016, was received and
placed on file for the information of the Council.
On a motion by Kritzman, supported by Bahr, it was:
#383-16 RESOLVED, that having considered the report and
recommendation of the City Treasurer, dated September 26, 2016, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the proposal of
BS&A Software, 14965 Abbey Lane, Bath, Michigan 48808, for yearly
service and support from November 1, 2016 through October 31, 2019,
for the Equalizer Internet Tax/Assessment System in an amount not to
exceed $25,000.00 per year from funds budgeted in Account Number
101-253-851-020; 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.3 of the Livonia Code of Ordinances, as amended.
Regular Meeting Minutes of October 17, 2016 39961
#384-16 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated September 21,
2016, which bears the signature of the Director of Finance and is approved
for submission by the Mayor, and a communication from the Fleet
Manager, dated September 19, 2016, the Council does hereby authorize
the purchase of two (2) 2017 Ford Transit 250 vans, at a cost of
$28,568.00 each, from Signature Ford, 1960 E. Main Street, Owosso,
Michigan 48867, for a total cost of $57,136.00; and the up-fitting of said
vehicles at a cost of $17,896.00 each, by Cannon Truck Equipment,
51761 Danview Technology Ct., Shelby Township, Michigan 48315, for a
total cost of $35,792.00, for a total amount not to exceed $92,928.00; as
replacement vehicles for the Water & Sewer Section of the Department of
Public Works, the same to be expended from funds already budgeted for
this purpose in the Capital Outlay Budget – Water and Sewer, ACCOUNT
NO: 592-142-000; 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. 071B1300009 for the new vehicle purchases; and the low State of
Michigan MI-Deal bid price under Contract No. 071B2200263 for the up-
fitting of said vehicles and no advantage to the City would result from
competitive bidding, and such action is taken in accordance with the
provisions set forth in Section 3.04.140.D.3 and D.4 of the Livonia Code
of Ordinances, as amended; FURTHER, the Council does hereby
authorize the disposal of the replaced vehicles at public auction hosted by
the Michigan Inter-governmental Trade Network (MITN) or commercial
auction after receipt of the new vehicles.
#385-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 19, 2016, which
bears the signature of the Director of Public Works and the Director of
Finance, and is approved for submission by the Mayor, the Council does
hereby approve the 2017 Road Repair Program as proposed by the
Department of Public Works and as reviewed by the Citizens Advisory
Committee On Roads for the fifth year of theTen-Year Road Paving
Millage approved by Livonia Residents, as shown in the attachment of that
report.
#386-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 21, 2016, which
bears the signature of the Director of Public Works, the Director of Finance
and the City Attorney, and is approved for submission by the Mayor, to
which is attached a proposed amendment to the Engineering contract
between the City of Livonia and Anderson, Eckstein and Westrick, Inc.,
51301 Schoenherr Road, Shelby Township, Michigan 48315 for the 2017
Concrete Road Repair Program, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
the attached contract amendment between Anderson, Eckstein and
Westrick, Inc., 51301 Schoenherr Road, Shelby Township, Michigan
Regular Meeting Minutes of October 17, 2016 39962
48315, to provide design engineering services for the 2017 Concrete
Road Repair Program in an amount not to exceed $134,400.00, said
amount being based on the preliminary cost estimates and subject to
adjustment based on the actual bids; FURTHER, the aforesaid proposal
is accepted without competitive bidding pursuant to Code of Ordinances
Section 3.04.140D.2.b; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $134,400.00 from funds budgeted
in Account No. 204-441-818-102 (Road, Sidewalk and Tree Fund) for this
purpose, and the City Engineer is hereby authorized to approve minor
adjustments in the work as it becomes necessary.
#387-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 20, 2016, which
transmits its resolution #09-92-2016, adopted on September 13, 2016,
with regard to Petition 2016-08-08-11, submitted by G.A.V. Associates, in
connection with a proposal to remodel the exterior of the commercial strip
center located on the north side of Five Mile Road between Golfview Drive
and Levan Road (36184, 36200 and 36232 Five Mile Road), in the
Southeast 1/4 of Section 17, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2016-08-08-11
is hereby approved and granted, subject to the following conditions:
1. That the Site Plan marked Sheet SP.101 dated August 17, 2016,
prepared by G.A.V. Associates, Inc. is hereby approved and shall
be adhered to;
2. That the Elevation Plan marked Sheet A.101 dated August 17,
2016, prepared by G.A.V. Associates, Inc. is hereby approved and
shall be adhered to;
3. 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;
4. That the dumpster shall be screened by means of an enclosure
constructed of masonry walls with metal enclosure gates which
shall be properly maintained and, when not in use, closed at all
times;
5. That the parking lot and approach shall be repaired, resealed and
restriped to the satisfaction of the Planning and Inspection
Departments;
6. 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;
Regular Meeting Minutes of October 17, 2016 39963
7. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows;
8. That unless approved by the proper local authority, any type of
exterior advertising, such as promotional flags, streamers or
sponsor vehicles designed to attract the attention of passing
motorists, shall be prohibited;
9. That the issues as outlined in the correspondence dated
September 9, 2016, from the Assistant Building Inspector shall be
resolved to the satisfaction of the Inspection Department;
10. 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,
11. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of ONE YEAR ONLY from the date of approval by City Council, and
unless a building permit is obtained, this approval shall be null and
void at the expiration of said period.
A communication from the Department of Law, dated October 14,
2016, re: Personal Property Taxes on the PCS Site, was received and
placed on file for the information of the Council.
#388-16 RESOLVED, that having considered the letter from the
Department of Law, dated September 19, 2016, which bears the signature
of the Director of Finance and is approved for submission by the Mayor, to
which is attached a letter signed by Jacqueline Brown, Sprint’s Site
Development Manager, Michigan, regarding the original PCS Site
Agreement, adopted January 15, 1997, pursuant to Council Resolution
No. 36-97; the Council does hereby approve an extension of the PCS site
Agreement at the end of its current extension term, and that a new renewal
term will commence on February 1, 2017, with rent being paid in
accordance with the schedule i attached to said letter; and the City Clerk
is hereby authorized, for and on behalf of the City of Livonia, to do all other
things necessary or incidental to the full performance of this resolution.
#389-16 RESOLVED, that having considered a communication from
the Human Resources Director, dated September 30, 2016, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, and which sets forth Resolution No. 16-151 adopted by the
Civil Service Commission on September 27, 2016, wherein it is
recommended that the attached proposed tentative agreement between
Regular Meeting Minutes of October 17, 2016 39964
the City of Livonia and Livonia Fire Fighters Union be approved for the
period December 1, 2015 through November 30, 2018; the Council does
hereby determine to approve of and concur in the aforesaid action; and
the Mayor and City Clerk are hereby requested to affix their signatures to
the aforesaid agreement, for and on behalf of the City of Livonia, 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 resolutions with the following
result:
AYES: Bahr, Meakin, Kritzman, Brosnan, Jolly, White and
McIntyre
NAYS: None
The President declared the resolutions adopted.
Councilperson White, as chairperson of the Legislative Affairs Committee,
reported out on the meeting of September 21, 2016 addressing each agenda item.
On a motion by White, supported by Brosnan, and unanimously adopted,
it was:
#390-16 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated September
21, 2016, pursuant to Council Resolution 549-08, regarding the subject of
determining where the priorities should be within the City with respect to
redevelopment and revitalization, the Council does hereby refer this
matter to the Housing Commission and the Economic Development
Director for their report and recommendation.
On a motion by White, supported by Krizman, and unanimously adopted,
it was:
#391-16 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated September
21, 2016, pursuant to Council Resolution 549-08, regarding the subject of
creating a Northeast Livonia Redevelopment Authority/Corridor (located
1/2 mile west of Middlebelt Road to Inkster Road between Seven and
Eight Mile Roads), the Council does hereby determine to take no further
action with regard to this matter.
Regular Meeting Minutes of October 17, 2016 39965
On a motion by White, supported by Meakin, and unanimously adopted, it
was:
#392-16 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated September
21, 2016, pursuant to Council Resolution 77-09, regarding the subject of
amending Chapter 49 (Massage) of Title 5 of the Livonia Code of
Ordinances pending State procedures being put in place, the Council
does hereby determine to take no further action with regard to this matter.
On a motion by White, supported by Brosnan, and unanimously adopted,
it was:
#393-16 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated September
21, 2016, pursuant to Council Resolution 228-11, regarding the subject of
Chapter 5.49 (Massage) of the Livonia Code of Ordinances, as amended,
the Council does hereby determine to take no further action with regard to
this matter.
On a motion by White, supported by Jolly, and unanimously adopted, it
was:
#394-16 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated September
21, 2016, pursuant to Council Resolution 108-09, regarding the subject of
amending the Ordinances to not require a towing yard, the Council does
hereby determine to take no further action with regard to this matter.
On a motion by White, supported by Jolly, and unanimously adopted, it
was:
#395-16 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated September
21, 2016, pursuant to Council Resolution 118-10, regarding the proposed
amendment to the Livonia Code of Ordinances to Chapter 63 (Snow Alert)
of Title 10 adding Section 100, re: when civil infractions can be issued in
snow alert situations, the Council does hereby determine to take no further
action with regard to this matter.
Regular Meeting Minutes of October 17, 2016 39966
On a motion by White, supported by Brosnan, it was:
#396-16 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated September
21, 2016, pursuant to Council Resolution 57-11, regarding the subject of
athletic recognition signs, the Council does hereby determine to take no
further action with regard to this matter.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Bahr, Meakin, Brosnan, Jolly, White and McIntyre
NAYS: Kritzman
The President declared the resolution adopted.
An email communication from Barbara Morrison, dated Monday, October
17, 2016, re: her opposition to the proposed ordinance amendment on the
agenda for tonight’s meeting, was received and placed on file for the information
of the Council.
A communication from the Department of Law, dated September 22,
2016, re: proposed ordinance amendment adding Section 035, of Title 9,
Chapter 30, of the Livonia Code of Ordinances, was received and placed on file
for the information of the Council.
On a motion By White, supported by Meakin, it was:
#397-16 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated September
21, 2016, pursuant to Council Resolution 80-14, regarding the subject of
the recommended change of Title 9, Chapter 30, Section 035, which
would require controlled substances to be kept in their original package,
the Council does hereby determine to take no further action with regard to
this matter.
Councilperson Jolly spoke on the issue of the proposed ordinance explaining to
members of the audience and councilmembers the intent that they were hoping
the ordinance would achieve and further stated he does support the no further
action resolution.
Regular Meeting Minutes of October 17, 2016 39967
Brosnan stated she also supports the no further action resolution but applauded
the process within which it was brought before Council, including the input of the
citizens being taken into consideration in their decision making process.
The following people spoke on the issue:
Bob Stevens, 29551 Linda, Livonia
Jody White, 8385 Narise, Westland
Ed Sinnamon, 31881 Cambridge, Livonia
Pierre Willermet, 36123 Roycroft, Livonia
Bonnie Russie, 14177 Merriman Road, Livonia
Harold Boyce, 18255 Melvin, Livonia
Gail Meredith, 36012 Schoolcraft, Livonia
Dipan Patel, 18957 Winterhaven, Livonia
President McIntyre thanked the audience members who spoke on the issue as
well as the citizens of Livonia who engaged in the process.
Following discussion by Council, a roll call vote was taken on the motion made
by White, supported by Meakin, with the following result:
AYES: Bahr, Meakin, Kritzman, Brosnan, Jolly, White and
McIntyre
NAYS: None
The President declared the resolution adopted.
Councilperson Bahr, as Chair of the Finance, Budget and Technology
Committee, reported out on the meeting of Monday, September 26, 2016. He
also highlighted areas of the budget that he wanted to share with Livonia
residents.
A communication from the Department of Finance, dated October 4, 2016,
re: Council Budget Questions, was received and placed on file for the information
of the Council.
The City of Livonia Preliminary Budget Documents for Fiscal Year 2016-
2017, received on September 15, 2016, was received and placed on file for the
information of the Council.
Regular Meeting Minutes of October 17, 2016 39968
The Supplement to Preliminary Budget 2016-2017 Personnel
Worksheets, received on September 15, 2016, was received and placed on file
for the information of the Council.
On a motion by Bahr, supported by Brosnan, it was:
#398-16 RESOLVED, that the Council hereby determines that the
annual budget for the fiscal year as submitted by the Mayor for the next
fiscal year commencing December 1, 2016, and ending November 30,
2017, as shown in the budget document in Section I, submitted by the
Mayor to the Council on September 15, 2016, pursuant to Section 3,
Chapter VII of the City Charter, be and hereby is determined and adopted,
provided, however, for the monthly reports to the Council, the amounts as
shown in Sections III and IV should be used for comparative reporting
purposes, and Council approval is required for any modification to the
amounts shown in Section I, and that all proceedings on said Budget be
and hereby are approved as being in full conformance with the City
Charter, a public hearing having been held on October 5, 2016, after
proper notice being published in the Livonia Observer and Eccentric, the
official newspaper of the City, on September 25, 2016, and provided
further that the City Clerk shall publish or cause to be published this
resolution together with a summary of said Budget as adopted herein,
together with the minutes of this meeting.
Councilmember Brosnan spoke on the importance of the budget and the many
months of work that goes into it before it is presented to the residents. She
commended Director of Finance Mike Slater and all of the department heads as
well as the City’s work force for all they do in their day to day duties. She indicated
this was the third year in a row where Livonia has been able to reinvest in itself
through Capital Outlay and still maintain the second lowest tax rate in Wayne
County.
Vice President Kritzman stated that this is an exciting time for the City, where
projects that have been talked about are finally coming to fruition. He stated that
a new Master Plan for the City is long overdue and he is happy to see it moving
forward. He also highlighted other areas of the budget including the conversion
of streetlights to LED, neighborhood projects and the inclusion of the Greenleaf
Commission as a permanent structure in the City.
Bonnie Russie, 14177 Merriman, inquired about the public transportation on the
ballot and Councilmember Bahr responded as well as Councilmember Meakin.
Lorraine Beyer, 36573 Bennett, spoke favorably about the City and its benefits.
Regular Meeting Minutes of October 17, 2016 39969
Following discussion by Council, a roll call vote was taken on the foregoing
motion by Bahr, supported by Brosnan, with the following result:
AYES: Bahr, Meakin, Krtizman, Brosnan, Jolly, White and
McIntyre
NAYS: None
The President declared the resolution adopted.
On a motion by Bahr, supported by White, and unanimously adopted, it
was:
#399-16 RESOLVED, that pursuant to Section 5, Chapter VII and
Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council
does hereby establish a tax levy of 4.0447 mills, of the taxable valuation
of all real and personal property subject to taxation in the City of Livonia
for the next fiscal year commencing December 1, 2016, AND ending
November 30, 2017, and in addition to the above amount which is
authorized to be levied for general purposes by the Charter of the City of
Livonia:
(a) The Council does hereby establish a tax levy of .8088 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, pursuant to Section 1
of Chapter VIII of the Charter of the City of Livonia, for the purpose of
providing additional revenues for police protection and law enforcement
personnel, equipment, supplies and facilities of the City of Livonia; in
addition to the amount authorized to be levied for general municipal
purposes;
(b) The Council does hereby establish a tax levy of 1.2134 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, pursuant to Section 1
of Chapter VIII of the Charter of the City of Livonia, for the purpose of
providing additional revenues for fire, police and snow removal personnel,
equipment, supplies and facilities of the City of Livonia; in addition to the
amount authorized to be levied for general municipal purposes;
(c) The Council does hereby establish a tax levy of 1.7000 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, pursuant to Section 1
of Chapter VIII of the Charter of the City of Livonia, for the purpose of
providing additional revenues for police and fire personnel and support
costs in the City of Livonia, in addition to the amount authorized to be
levied for general municipal purposes;
Regular Meeting Minutes of October 17, 2016 39970
(d) The Council does hereby establish a tax levy of .8088 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, pursuant to Section 1
of Chapter VIII of the Charter of the City of Livonia, for the purpose of
providing additional revenues for library services, supplies and facilities in
the City of Livonia; in addition to the amount authorized to be levied for
general municipal purposes;
(e) The Council does hereby establish a tax levy of .0129 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, pursuant to the
provisions of Act 359 of the Public Acts of 1925, for the purpose of
advertising, exploiting and making known the industrial and commercial
advantages of the City of Livonia and to establish projects for the purpose
of encouraging immigration to, and increasing the trade, business and
industries of the City of Livonia; in addition to the amount which is
authorized to be levied for general municipal purposes;
(f) The Council does hereby establish a tax levy of .7855 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, for the purpose of
providing additional revenues for a community recreation center,
recreation personnel, equipment, supplies, facilities and operations; in
addition to the amount authorized to be levied for general municipal
purposes;
(g) The Council does hereby establish a tax levy of .8893 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, for the purpose of
providing additional revenues for repairing or replacing public roads,
sidewalks and trees in the City of Livonia; in addition to the amount to be
levied for general municipal purposes;
(h) The Council does hereby establish a tax levy of .5000 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, for the purpose of
providing additional revenues for the City’s community transit program
and capital improvements within the City of Livonia; in addition to the
amount to be levied for general municipal purposes;
(i) The Council does hereby establish a tax levy of .2500 mills, of the
Taxable Valuation of all ready and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, pursuant to Section 1
of Chapter VIII of the Charter of the City of Livonia, for the purpose of
providing additional revenues for staff, maintenance, and; support costs
for cultural and senior services in the City, including the Livonia Senior
Center and Greenmead Historical Village, in addition to the amount
authorized to be levied for general municipal purposes;
Regular Meeting Minutes of October 17, 2016 39971
(j) The Council does hereby establish a tax levy of 2.4267 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year commencing December 1, 2016 and
ending November 30, 2017, pursuant to the provisions of Act 298 of the
Public Acts of 1917, for the purpose of establishing, operating, maintaining
and administering the Municipal Garbage Collection System and/or plant
for the collection and disposal of garbage and refuse in the City of Livonia;
in addition to the amount authorized to be levied for general municipal
purposes;
(k) The Council does hereby establish a tax levy of .4979 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year commencing December 1, 2016 and
ending November 30, 2017, for the purpose of defraying City expenses
and liabilities for the collection and disposal activities required for curbside
recycling and yard waste composting programs; in addition to the amount
authorized to be levied for general municipal purposes;
(l) The Council does hereby establish a tax levy of 2.0000 mills to be
due and payable on July 1, 2017, of the Taxable Valuation of all real and
personal property located within the Plymouth Road Development
Authority, subject to taxation in the City of Livonia for the fiscal year
commencing December 1, 2016 and ending November 30, 2017,
pursuant to the provisions of Act 197 of the Public Acts of 1975, for the
purpose of providing revenues for obligations and operations of the
Plymouth Road Development Authority, in addition to the amount to be
levied for general municipal purposes. This millage shall be effective
provided that all residential properties are first removed from the Plymouth
Road Development Authority district;
AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation,
City Assessor, City Treasurer and City Clerk are hereby authorized and
directed to do all things necessary or incidental to the full performance of
this resolution, and the City Clerk is hereby requested to immediately
transmit copies of this resolution to each of the above offices.
Brosnan took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SECTIONS 030, 050, 060 AND
090 OF TITLE 3, CHAPTER 12 (SENIOR CITIZENS HOUSING
TAX EXEMPTION) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
Regular Meeting Minutes of October 17, 2016 39972
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Bahr, Meakin, Kritzman, Brosnan, Jolly, White and
McIntye
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Vice President Kritzman stepped down from the podium to avoid any perceived
conflict of interest at 8:04 p.m.
On a motion by Meakin, supported by Jolly, it was:
#400-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 21, 2016, which
bears the signature of the Director of Public Works, the Director of Finance
and the City Attorney, and is approved for submission by the Mayor, to
which is attached a proposed amendment to the Engineering contract
between the City of Livonia and OHM Advisors, 34000 Plymouth Road,
Livonia, Michigan 48150 for the 2017 Asphalt Road Program, the Council
does hereby authorize the Mayor and City Clerk, for and on behalf of the
City of Livonia, to execute the attached contract amendment between the
City of Livonia and OHM Advisors, 34000 Plymouth Road, Livonia,
Michigan 48150, to provide design engineering services for the 2017
Asphalt Road Program in an amount not to exceed $90,100.00, said
amount being based on the preliminary cost estimates and subject to
adjustment based on the actual bids; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $90,100.00 from
funds budgeted in Account No. 204-441-818-102 (Road, Sidewalk and
Tree Fund) for this purpose, and the City Engineer is hereby authorized
to approve minor adjustments in the work as it becomes necessary.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Bahr, Meakin, Brosnan, Jolly, White and McIntyre
NAYS: None
The President declared the resolution adopted.
Councilmember Meakin thanked OHM Advisors for all the work they’ve done on
the Asphalt Road Program for the City.
Regular Meeting Minutes of October 17, 2016 39973
Vice President Kritzman returned to the podium at 8:07 p.m.
A communication from Mark S. Schostak, Executive Chairman, TEAM
Schostak Family Restaurants, dated September 6, 2016, re: Petition 2016-04-
02-07, was received and placed on file for the information of the Council.
An email communication from Christopher Boloven, dated September 12,
2016, re: Petition 2016-04-02-07, was received and placed on file for the
information of the Council.
Exterior Elevation plans, Sheets A301, A302 and A303, prepared by
ArcVision Incorporated, dated April 19, 2016, and received by City Council via
email on October 12, 2016, was received and placed on file for the information
of the Council.
Sign Plan Drawing Nos. 28256.2 – 28256.5, as revised, dated October
11, 2016; and Drawings Nos. 28256.6 -28256.10, dated April 12, 2016, prepared
by Mandeville Sign, was received by City Council via email on October 12, 2016,
was received and placed on file for the information of the Council.
On a motion by Meakin, supported by Jolly, and unanimously adopted, it
was:
#401-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 7, 2016, approved for
submission by the Mayor, which transmits its resolution #06-69-2016,
adopted on June 28, 2016, with regard to Petition 2016-04-02-07,
submitted by Laurel Park Retail Properties, L.L.C. (Panera Bread),
requesting waiver use approval to construct and operate a freestanding
full service restaurant with drive-up window facilities (Panera Bread)
within the parking lot of the Laurel Park Place shopping center located on
the north side of Six Mile Road between Newburgh Road and the I-275/I-
96 Expressway (37700 Six Mile Road), in the Southeast 1/4 of Section 7,
and the Council having conducted a public hearing with regard to this
matter on Monday, September 12, 2016, the Council does hereby refer
this matter to the Committee of the Whole for its report and
recommendation.
Regular Meeting Minutes of October 17, 2016 39974
Lorraine Beyer, 36573 Bennett, spoke in opposition of Petition 2016-04-02-07.
A communication from the Department of Finance, dated October 4,
2016, re: funding information for the new water & sewer building, was received
and placed on file for the information of the Council.
On a motion by Meakin, supported by Brosnan, and unanimously adopted
it was:
#402-16 RESOLVED, that having considered a communication from
the Director of Public Services, dated October 5, 2016, approved for
submission by the Mayor, regarding the subject of the purchase of real
property located at 13335 Farmington, the Council does hereby refer this
item to the Committee of the Whole for its report and recommendation.
On a motion by Kritzman, supported by Brosnan, and unanimously
adopted, it was:
#403-16 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda.
On a motion by Meakin, supported by Bahr, it was:
#404-16 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 MASCO Corporation, the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7:00 p.m., Monday, October 10, 2016, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan.
WHEREAS, the aggregate SEV of real and personal property exempt
from ad valorem taxes within the City of Livonia, after granting this
certificate, will not exceed 5% of an amount equal to the sum of the SEV
of the unit, plus the SEV of personal and real property thus exempted; and
Regular Meeting Minutes of October 17, 2016 39975
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, MASCO Corporation finds and determines: (a) that
the granting of this industrial facilities exemption certificate shall not
have the effect of substantially impeding the operation of the local
governmental unit or impairing the financial soundness of any
taxing unit which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located; and (b) the
applicant has fully complied with the requirements of Section 9, Act
No. 198, P.A. 1974, as amended.
2. That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from MASCO Corporation for land
and building improvements, machinery, equipment, furniture, and
fixtures at their facility located at 17450 College Parkway, Livonia,
MI 48152 - Industrial Development District #117 - for 12 years.
3. That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a letter of agreement between the
applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
City upon approval of an Industrial Facilities Exemption Certificate,
the Council hereby authorizes the Mayor and City Clerk to sign
such Letter of Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process applications for Industrial Facilities Exemption
Certificates.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bahr, Meakin, Kritzman, Brosnan, Jolly, White and
McIntyre
NAYS: None
The President declared the resolution adopted.
On a motion by White, supported by Jolly, it was:
#405-16 RESOLVED, that having considered a communication from
the City Engineer, dated August 25, 2016, submitted pursuant to council
resolutions 252-16 and 363-16, which is approved by the Director of
Public Works, and approved for submission by the Mayor, regarding the
reconstruction of Amrhein Road from Eckles Road to a point 3,500 feet
Regular Meeting Minutes of October 17, 2016 39976
east of Eckles Road, and the Council having conducted a public hearing
on October 10, 2016 with regard to this matter, per the requirements of
the Michigan Department of Transportation (MDOT) LAP Program, the
Council does hereby concur with the plans to proceed with the Amrhein
Road Reconstruction Project allowing for the reduction in the width of the
road surface from 40 feet to 34 feet as outlined in the aforesaid
communication.
David Gunsberg, representative from Hercules Steel, spoke on the issue.
Paul Condon, 31115 Hillbrook, commented on his personal experience
with Hercules Steel.
Following discussion by Council, a roll call vote was taken on the foregoing
motion by White, supported by Jolly, with the following result:
AYES: Bahr, Meakin, Kritzman, Brosnan, Jolly, White and
McIntyre
NAYS: None
The President declared the resolution adopted.
On a motion by Brosnan, supported by Bahr, and unanimously adopted,
it was:
#406-16 RESOLVED, that having considered a communication from
the City Engineer, dated August 25, 2016, submitted pursuant to council
resolutions 252-16 and 363-16, which is approved by the Director of
Public Works, and approved for submission by the Mayor, regarding the
reconstruction of Amrhein Road from Eckles Road to a point 3,500 feet
east of Eckles Road, and the Council having conducted a public hearing
on October 10, 2016 with regard to this matter, per the requirements of
the Michigan Department of Transportation (MDOT) LAP Program, the
Council does hereby refer this item to the Administration for its report and
recommendation regarding a plan to address issues raised by Hercules
Drawn Steel Corporation, 38901 Amrhein Road, Livonia, MI 48150
concerning the improvement of Amrhein Road.
Councilmember Meakin indicated the Livonia Community Foundation is holding
rd
their annual fundraiser at One Under on November 3 and invited everyone to
attend.
President McIntyre commended Troop 782 on their attention during the course
of the Council meeting.
There was no Audience Communication at the end of the meeting.
Regular Meeting Minutes of October 17, 2016 39977
On a motion by Jolly, supported by Brosnan, and unanimously
adopted, this 1,811th Regular Meeting of the Council of the City of Livonia
was adjourned at 8:40 p.m. on October 17, 2016.
_____________________
Susan M. Nash
City Clerk