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HomeMy WebLinkAboutMINUTES 2017-01-30 40074 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SEVENTEENTH REGULAR MEETING OF JANUARY 30, 2017 On January 30, 2017 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. Vice President Brandon Kritzman led the meeting in the Pledge. Roll was called with the following result: Brandon Kritzman, Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr and Kathleen McIntyre. Absent: Brian Meakin. Elected and appointed officials present: Mark Taormina, Director or Economic Development and Planning; David Lear, Assistant City Engineer; Don Knapp, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs; Lynda Scheel, Treasurer; and Mayor Dennis Wright On a motion by White, supported by Bahr, and unanimously adopted, it was: th #24-17 RESOLVED, that the minutes of the 1816 Regular Meeting of Council held January 18, 2017 are approved as submitted. th Councilmember Bahr wished his son a Happy 11 Birthday which is February rd 3. President McIntyre sent belated birthday greetings to Jackie Higham of the Council office and indicated both Don Knapp and Brandon Kritzman will be celebrating birthdays in the coming week. She then stated there is new data on Item #7. During Audience Communication Edward Collins, 9659 Wayne Road, addressed his concerns with regulations placed on vaping and was informed that that issue will be more thoroughly discussed at the Study Meeting following the conclusion of the Regular Meeting. 40075 Regular Meeting Minutes of January 30, 2017 On a motion by Jolly, supported by Brosnan, it was: #25-17 RESOLVED, that having considered a communication from Robert Rais, Knights of Columbus, dated January 17, 2017, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, to allow a car show with a DJ at Saint Colette’s Catholic Church, 17600 Newburgh Road, on Saturday, June 3, 2017 from 9:00 a.m. to 3:00 p.m., the Council does hereby grant permission as requested. #26-17 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated January 9, 2017, the Council does hereby consent to and confirm the reappointment of Vahan Nazarian, 18202 Mayfield, Livonia, Michigan 48152, to the Board of Review for a term of three years commencing February 17, 2017, and expiring February 16, 2020. #27-17 RESOLVED, that having considered a communication from the Assessor, dated December 20, 2016, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6 of the Charter of the City of Livonia, the Council does hereby determine to approve the following dates for the Board of Review to conduct Public Hearings in 2017, which Public Hearings are to be conducted in the conference room of the City Assessor on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154: FIRST SESSION Tuesday March 7, 2017 Organizational Meeting 9:00 a.m. - 3:00 p.m. Thursday March 9, 2017 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. Friday March 10, 2017 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. SECOND SESSION Monday March 13, 2017 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. Tuesday March 14, 2017 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 9:00 p.m. Thursday March 16, 2017 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m. Friday March 17, 2017 9:00 a.m. - 12:00 p.m. 1:00 p.m. - 3:00 p.m. FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be $120.00 for the Chairperson and $100.00 for other members. Pursuant to Public Act No. 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers will be used to determine the State Equalized Value (S.E.V.) for the year 2016: 40076 Regular Meeting Minutes of January 30, 2017 CLASS RATIO S.E.V. FACTOR (MULTIPLIER) Agricultural 50.00 1.0000 Commercial 50.00 1.0000 Industrial 50.00 1.0000 Residential 50.00 1.0000 Personal 50.00 1.0000 #28-17 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated January 5, 2017, 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) new avid systems, including set up of the workstation PC, an LED-LCD TV Monitor, wall mounts, disc drive and THE Avid Systems, to upgrade current equipment that is used daily to edit programs by the Department of Community Resources from Keycode Media, 1201 Wiley Road, Suite 100, Schaumburg, IL 60173, at a cost not to exceed $36,508.18; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $36,508.18 from Account No. 297-751-983-000 (Cable-Capital Outlay) for this purpose; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $36,508.18 from Account No. 297- 751-983-000 (Cable-Capital Outlay) for this purpose; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as Keycode Media is the sole source provider for Avid Systems 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 of the Livonia Code of Ordinances, as amended. #29-17 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated December 16, 2016, which bears the signature of the Director of Finance, is approved for submission by the Mayor, and to which is attached a proposed resolution authorizing the Master Equipment Lease-Purchase Agreement between the City of Livonia and Wells Fargo Financial Leasing, Inc., the Council does hereby accept the bid of Jacobson, a Textron Company, 25125 Trans-X Rd., Novi, MI 48375, for the lease of 23 pieces of equipment to be used to maintain the Fox Creek, Whispering Willows and Idyl Wyld Golf Courses for the total amount of $490,172.16, with an annual lease payment of $98,034.43 for five years, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize an expenditure in the amount of $490,172.16 from funds already budgeted in Account No. 409- 000-974-103, Account No. 409-000-074-101 and Account No. 409-000- 974-102 for this purpose; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the attached Master Equipment Lease – Purchase Agreement with Wells Fargo 40077 Regular Meeting Minutes of January 30, 2017 Financial Leasing, Inc. and to do all other things necessary or incidental to the full performance of this resolution. #30-17 WHEREAS, the City Council of the City of Livonia, County of Wayne, State of Michigan (the “City”) has determined to acquire golf course equipment (the “Equipment”) in the amount of Four Hundred Ninety Thousand One Hundred Seventy-Two Dollars and Sixteen Cents ($490,172.16); and WHEREAS, under the provisions of Act No. 99, Public Acts of Michigan, 1933, as amended (“Act 99”), the City is authorized to enter into any contracts or agreements for the purchase of the Equipment to be paid for in installments over a period of not to exceed the useful life of the Equipment acquired as determined by resolution of the City; and WHEREAS, the outstanding balance of all purchases by the City under Act 99, exclusive of interest, shall not exceed one and one quarter percent (1-1/4%) of the taxable value of the real and personal property in the City at the date of such contract or agreement; and WHEREAS, purchase of the Equipment pursuant to an installment purchase agreement will not result in the outstanding balance of all such purchases in excess of the limitation contained within Act 99 as set forth above; and WHEREAS, it is necessary for the City to arrange for the financing of the Equipment; and WHEREAS, the City has received an offer to finance the Equipment in an amount of $459,848.76 from Wells Fargo Financial Leasing, Inc. (“Wells Fargo”) pursuant to a Master Equipment Lease-Purchase Agreement (the “Lease-Purchase Agreement”). NOW THEREFORE BE IT RESOLVED THAT; 1. The Finance Director is hereby authorized to arrange for the financing of the Equipment with Wells Fargo pursuant to the Lease- Purchase Agreement. Interest on the Lease-Purchase Agreement shall not exceed 3.25% per annum, the aggregate principal amount of the agreement shall not exceed $459,848.76, and the term of the Lease- Purchase Agreement shall not exceed five (5) years. The Finance Director is hereby authorized to execute the Lease-Purchase Agreement, when in final form, and deliver it to Wells Fargo. 2. The useful life of the Equipment is hereby determined to be not less than five (5) years. 40078 Regular Meeting Minutes of January 30, 2017 3. The Finance Director is authorized to execute such additional documentation as shall be necessary to effectuate the closing contemplated by the Lease-Purchase Agreement. 4. The City hereby agrees to include in its budget for each year, commencing with the present fiscal year, a sum which will be sufficient to pay the principal of and the interest coming due under the Lease- Purchase Agreement during such fiscal year. 5. The City covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exclusion of the interest component of the payments due under the Lease-Purchase Agreement from adjusted gross income for general federal income tax purposes under the Internal Revenue Code of 1986, as amended, including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable. 6. The acquisition of the Equipment and the approval of the Lease- Purchase Agreement hereby are found and declared to be for a valid public purpose and in the best interest of the residents of the City. 7. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded to the extent of such conflict. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Kritzman, Brosnan, Jolly, White, Bahr and McIntyre NAYS: None The President declared the resolutions adopted. Jolly gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 30 (SMOKING IN PUBLIC PLACES) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. 40079 Regular Meeting Minutes of January 30, 2017 A correspondence from the Department of Law, dated January 13, 2017, re: Proposed Amendment to Zoning Ordinance – Petition 2016-11-01-08, was received and placed on file for the information of the Council. White gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING SECTION 3.________ THERETO. (PETITION 2016-11-01-08) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. On a motion by Brosnan, supported by Bahr, it was: #31-17 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 431, more particularly described in Council Resolution 455-16, adopted on December 5, 2016, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of installing 52-watt LED lights with colonial luminaires with underground wiring in Arbor Trail Estates Site Condominiums located north of Ann Arbor Trail between Wayne Road and Newburgh Road, in the Southeast 1/4 of Section 32 in said Special Assessment District No. 431; and the Council having conducted a first public hearing on November 9, 2016 and a second public hearing on January 11, 2017, with regard to this matter; WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine necessity for the installation of 52-watt LED lights with colonial luminaires with underground wiring, and that the assessments set forth in said Special Assessment District No. 431 Roll are fair and 40080 Regular Meeting Minutes of January 30, 2017 equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; said Special Assessment Roll No.431 based on the installation of 52-watt LED lights with colonial luminaires with underground wiring is hereby approved and confirmed in all respects; pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized to execute a Municipal Street Lighting Agreement as provided by Detroit Edison for this purpose; and further, a sum not to exceed $16,463.00 is hereby authorized to be expended from the cash payments posted by or collected from the homeowners in Arbor Trail Estates Site Condominiums in order to defray the Detroit Edison contribution-in-aid costs connected with this street lighting installation project. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kritzman, Brosnan, Jolly, White, Bahr and McIntyre NAYS: None The President declared the resolution adopted. On a motion by Bahr, supported by Jolly, it was: #32-17 RESOLVED, that having considered a communication from the City Planning Commission, dated December 14, 2016, which transmits its resolution 12-108-2016, adopted on December 13, 2016, with regard to Petition 2016-11-01-07, submitted by City of Livonia, requesting to rezone the property located on the south side of Five Mile Road between Farmington Road and Shadyside Street (33233-33243 Five Mile Road) in the Northwest 1/4 of Section 22, from PL (Public Land) to C-1 (Local Business), and the Council having conducted a public hearing with regard to this matter on Wednesday, January 11, 2017, the Council does hereby approve Petition 2016-11-01-07, for preparation of the ordinance for submission to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. 40081 Regular Meeting Minutes of January 30, 2017 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kritzman, Jolly, White, Bahr and McIntyre NAYS: Brosnan The President declared the resolution adopted. Bahr spoke on the above agenda item and the reason for his support of the rezoning. There was no Audience Communication at the end of the meeting. On a motion by Jolly, supported by Brosnan, and unanimously adopted, this 1,817th Regular Meeting of the Council of the City of Livonia was adjourned at 7:13 p.m. on January 30, 2017. _____________________ Susan M. Nash City Clerk