HomeMy WebLinkAboutCOUNCIL MINUTES 2008-10-22 36913
MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETEENTH
REGULAR MEETING OF OCTOBER 22, 2008
On October 22, 2008, 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 Councilman McCann led the meeting with the
Pledge of Allegiance
Roll was called with the following result: James McCann, Joe Laura,
Brian Meakin, Thomas Robinson, Don Knapp, Terry Godfroid-Marecki, and Laura
Toy Absent None
Elected and appointed officials present: Sean Kavanagh, City Attorney;
Kevin Roney, City Engineer (Utilities & Engineering), Karen Tesner, Director of
Legislative Affairs, Mark Taormina, City Planner; Linda Grimsby, City Clerk, Michael
Slater, Director of Finance, and Mayor Jack Kirksey
On a motion by Knapp, seconded by Meakin, it was
#460-08 RESOLVED that the Minutes of the 1,618th Regular
Meeting of the Council held October 8, 2008 are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES McCann, Meakin, Robinson, Knapp, Godfroid-Marecki,
and Toy
NAYS None
PRESENT Laura
The President declared the resolution adopted
Meakin announced the Livonia Police Officers' Association its annual
Fall Harvest Dance which will also be a fundraising event on Saturday, November 1,
2008, from 7 00 p m to 12 midnight at Burton Manor Proceeds from the event will
Regular Meeting Minutes of October 22, 2008 36914
be donated to aid the family of a recently injured Livonia Police Officer Tickets for
this event are $20 00 each and can be obtained by contained Chris Maiberger at
(734) 777-3361 or Councilman Meakin
President Toy introduced Wayne County Commissioner Laura Cox
who addressed Council to speak about the Parks millage money and indicated the
Parks' Budget has been amended so that 25% of the money going into the fund will
be going back to the respective communities Commissioner Cox indicated she is
hopeful to pass this as an Ordinance so a certain percentage of the money
contributed will always go back to the respective communities to be put to use for
special projects that would not normally have been funded In addition,
Commissioner Cox indicated Wayne County is hosting a Hazardous Waste Day at
the Westland DPS Yard on Saturday, November 8, 2008, and indicated all Wayne
County residents are invited to participate
President Toy announced the Livonia Housing Commission is hosting
a celebration to honor the 30th Anniversary of Silver Village on Thursday, October
23, 2008, from 2 00 p m to 5 00 p m
There was no Audience Communication at the beginning of the
meeting
On a motion by Knapp, seconded by Meakin, it was
#461-08 RESOLVED, that having considered a letter from Mary
Ann Asher, President, Holy Cross Women of the ELCA, dated
September 29, 2008, which requests permission to display signs
announcing their fifth annual Book and Bake Sale to be conducted on
Friday and Saturday, November 14 and 15, 2008, which signs are 18"
x 24" in size and will be displayed at various locations in the City, no
earlier than Friday, November 7, 2008, and removed no later than
Sunday, November 16, 2008, the Council does hereby grant and
approve this request in the manner and form herein submitted, with the
understanding that the City is not responsible should the signs be
removed by Wayne County
A communication from the Eight Mile Boulevard Association, received
on October 13, 2008, re recognition of five (5) Livonia businesses who received an
8MBA Beautification Award, was received and placed on file for the information of
the Council
#462-08 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated June 25, 2008, and a
Regular Meeting Minutes of October 22, 2008 36915
report and recommendation from the Chief of Police, dated September
30, 2008, approved for submission by the Mayor, the Council does
hereby approve of the request from RYRY, Inc. for transfer of
ownership of a 2008 SDM licensed business from Nissan Kashat,
Incorporated, for a business located at 10940 Farmington, Livonia,
Michigan, Wayne County; and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor
Control Commission
#463-08 RESOLVED, that having considered a communication
from the Honorable Robert B Brzezinski, 16th Judicial Court, dated
September 30, 2008, requesting approval with respect to the Court's
appointment of James Joseph Jolly as Magistrate of the 16th District
Court effective October 13, 2008, pursuant to Administrative Order No
1835 and Public Act 16 of the Public Acts of 1976, M C L.A.
600 8501(2), the Council does hereby determine to concur in and
approve such appointment in accordance with M C L.A. 600 8501(2),
FURTHER, the Council does hereby approve a per annum
compensation of $40,000 00 per year for the Magistrate in accordance
with M C L.A 600 8521, with the same benefits as extended to other
full-time employees
#464-08 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated September 17, 2008,
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) replacement police vehicles as follows
One (1) 2009 Ford Explorer 4X4 Special Service Police Vehicle
from Signature Ford, 3942 West Lansing Road, Perry, Michigan
48872, for the amount of $21,854 00, through the Macomb
County consortium,
One (1) 2009 Ford Police Interceptor Vehicle from Signature
Ford, 3942 West Lansing Road, Perry, Michigan 48872, for the
amount of $20,255 00, through the Macomb County consortium
plus $310 00 for ordering after September 30, 2008, for a total
amount of$20,565 00,
FURTHER, the amount of $42,419 00 is hereby authorized to be
expended from funds already budgeted for this purpose in Account No
101-302-985-000, FURTHER, the Council does hereby determine to
authorize the said purchases without competitive bidding inasmuch as
the same is based upon the low Macomb County consortium bid 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,
Regular Meeting Minutes of October 22, 2008 36916
FURTHER, the Council does hereby authorize the disposal of two (2)
surplus City-owned police vehicles (one 2000 Ford Expedition and one
2003 Ford Police Interceptor) at public auction after receipt of the new
vehicles
#465-08 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated September 24,
2008, approved for submission by the Mayor, and to which is attached
(as Exhibit A) a summary of quotes received for the lease purchase of
copy machines for various City departments, the Council does hereby
authorize the lease of four (4) copy machines from American Imaging,
Inc , 32461 Schoolcraft, Livonia, Michigan 48150, for use by the
Housing-CDBG Office, Inspection Department, Law/Mayor's Office,
and Newburgh Village, the lease of one (1) copy machine from Canon
Business Solutions, Inc , 27005 Hills Tech Court, Farmington Hills,
Michigan 48331, for use by the Civic Center Library; and the lease of
three (3) copy machines from Ikon Office Solutions, Inc , 26800
Meadowbrook, Novi, Michigan 48377, for use by the Finance
Department, Police-Administration and Police-Central Records, for 48-
month periods for amounts, items and prices indicated on the
aforementioned Exhibit A, at the end of which time title to the copiers
will be transferred to the City; FURTHER, the Council does hereby
authorize the said action herein without competitive bidding in
accordance with the provisions set forth in Section 3 04 140 D 4 of the
Livonia Code of Ordinances, as amended
#466-08 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
September 26, 2008, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, and which sets
forth Parks and Recreation Commission Resolutions 3018-08, 3019-08
and 3020-08, adopted on September 8, 2008, wherein the Commission
recommended an increase in various athletic fees per the attached
schedule and certain changes in eligibility and registration procedures,
the Council does hereby approve the recommended increases in fees
and charges as follows
Programs Fees
T Ball/Coach Pitch $40 00 Resident — Open Registration
$50 00 Resident — Late Registration
$60 00 Non-Resident — Late Reg Only
Girl's Softball $40 00 Resident — Open Registration
$50 00 Resident— Late Registration
$60 00 Non-Resident— Late Reg Only
Regular Meeting Minutes of October 22, 2008 36917
Adult Leagues Fees
Men's Slow Pitch Softball $400 00*
Women's Slow Pitch Softball $400 00*
Coed Slow Pitch Softball $400 00*
Men's Modified Softball $400 00*
Livonia Collegiate Baseball $700 00*
Men's Basketball $400 00*
• $30 00 per non-resident fee (capped at $210 00)
Field Permits Fees
Hourly
Standard Field $15 00 Resident
$30 00 Non-Resident
Premium Field* $20 00 Resident
$40 00 Non-Resident
Daily
Standard Field $50 00 Resident
N/A — Non-Resident
Premium Field* $65 00 Resident
N/A — Non-Resident
Season
Standard Field $275 00 Resident
N/A — Non-Resident
Premium Field* $375 00 Resident
N/A— Non-Resident
*Premium fields are located at Ford Field and Bicentennial Park
FURTHER, the Council does hereby approve the changes to the
eligibility and registration procedure for Instructional Leagues (T-Ball,
Coach Pitch and Girls Softball) as recommended to allow non-
residents to register after residents have had the opportunity
#467-08 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, dated September
24, 2008, 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 accept the unit price bid of Sod
Solutions, LLC, 14382 Sunbury, Livonia, Michigan 48154, for
completing all work required in connection with the removal of trees
Regular Meeting Minutes of October 22, 2008 36918
and stumps from City park sites for an estimated total cost of
$30,795 00, said estimated cost and unit prices 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 $30,795 00 from funds already budgeted in Account No 205-
527-882-060 (Municipal Refuse Fund) for this purpose, and the
Director of Public Works 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
#468-08 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, dated September
22, 2008, 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 accept the bid of Usztan, L L C, 261
Collier Road, Auburn Hills, Michigan 48326, for completing all work
required in connection with the construction of DPW Service Yard
Truck Canopy Shelters in an amount not to exceed $109,000 00, the
same having been in fact the lowest bid received and meets all
specifications, FURTHER, the Council does hereby authorize an
expenditure in the total amount of $109,000 00 ($58,815 00 from
Account No 101-463-974-000 and $50,185 00 from Account No 401-
000-974-000) from funds already budgeted for this purpose, and the
Director of Public Works 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
#469-08 RESOLVED, that having considered a communication
from the Superintendent of Public Works, dated October 3, 2008, as
well a subsequent communication dated October 6, 2008, which bear
the signature of the Director of Finance and are approved for
submission by the Mayor, the Council does hereby authorize Nagle
Paving Company, 39525 W 13 Mile Road, Suite 300, Novi, Michigan
48377, Stante Excavating, Inc. (B&V Construction, Inc ), 7440 Salem
Road, Northville, Michigan 48168, Joe Rotondo Construction Corp ,
20771 Randall, Farmington Hills, Michigan 48336, and Six-S, Inc ,
2210 Scott Lake Road, Suite 1, Waterford, Michigan 48377, to provide
snow removal services for City streets during the 2008-2009 snow
season for snowfalls of over four (4) inches in accumulation and as
authorized by the Mayor, pursuant to the terms stated in the attached
Regular Meeting Minutes of October 22, 2008 36919
proposals dated September 15, 2008 (Nagle Paving Co ), September
16, 2008 (Stante Excavating, Inc ), September 24, 2008 (Joe Rotondo
Construction Corp ) and October 3, 2008 (Six-S, Inc.), FURTHER, the
Council does hereby authorize said action without competitive bidding
in accordance with Section 3 04 140 D 4 of the Livonia Code of
Ordinances, as amended
#470-08 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, dated September
25, 2008, 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 authorize the purchase of one (1) Toro
Grounds Master 2505-U (for Parks Maintenance Division) from
Spartan Distributors, 487 W Division Street, Sparta, Michigan 49345,
for a net price of $26,446 80, based on a total price of $27,946 80 less
trade-in of $1,500 00, and one (1) Toro Zero Turn Mower (for Parks
Maintenance Division) from Commercial Lawnmower, 32098 Plymouth
Road, Livonia, Michigan 48150, for a net price of $8,789 00, based on
a total price of $9,789 00 less trade-in of $1,000 00, the same to be
expended from funds already budgeted for this purpose in Account No
401-000-987-000 (Capital Outlay — Parks Maintenance Section),
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
0716000724), 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
#471-08 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, dated September
25, 2008, which bears the signature of the Director of Public Works,
the Director of Finance and is approved for submission by the Mayor,
the Council does hereby authorize the purchase of seven (7) 2009
Ford Ranger Supercabs (for Department of Public Works) in the
amount of $14,484 00 each, for a total of $101,388 00, the same to be
expended from funds already budgeted for this purpose in Account No
401-000-985-000 (Capital Outlay), and one (1) 3/4 ton 2009 Cargo Van
(for Building Maintenance Section) in the total amount of $15,465 00,
the same to be expended from funds already budgeted for this purpose
in Account No 401-000-985-000 (Capital Outlay — Building
Maintenance), from Gorno Ford, 22025 Allen Road, Woodhaven,
Michigan 48183, 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 07168200138 for the Rangers, and Contract No
Regular Meeting Minutes of October 22, 2008 36920
07B620079 for the Van) and such action is taken in accordance with
Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended
#472-08 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 1, 2008, which
bears the signature of the Director of Public Works and is 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 development of the C B Estates Site Condominium
development, 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 east side of Harrison
Avenue, north of Lyndon Avenue, in the North 1/2 of Section 24
(See attached maintenance agreement from the owner, Soave
Building Company, 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,
3 To authorize the Mayor to execute the maintenance agreement
on behalf of the City
#473-08 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 1 , 2008, which
bears the signature of the Director of Public Works and is 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 development of the Churchill Manor Site Condominium
development, 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 Newburgh
Road, north of Joy Road, in the Southeast IA of Section 31
(See attached maintenance agreement from the owner, Leo
Soave Building Company, indicating their willingness to
Regular Meeting Minutes of October 22, 2008 36921
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,
3 To authorize the Mayor to execute the maintenance agreement
on behalf of the City
#474-08 RESOLVED, that having considered a communication
dated September 24, 2008, from the City Planning Commission, which
transmits its resolution 09-81-2008 adopted on September 23, 2008,
with regard to Petition 2008-08-02-25, submitted by Luigi's Pizza &
Subs requesting waiver use approval to utilize a Class C liquor license
in connection with a full service restaurant (Luigi's Pizza & Subs)
located on the north side of Plymouth Road, between Merriman Road
and Hubbard Avenue (31530 Plymouth Road), in the Southeast 1/4 of
Section 27, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 2008-08-02-25 is hereby approved and granted, subject to
the following conditions
1 That only conforming signage is approved with this petition, and
any additional signage shall be submitted for review and
approval by the Planning Commission and City Council,
2 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows,
3 That this approval shall incorporate all of the stipulations
contained in the correspondence dated September 11, 2008
from the Inspection Department;
4 That alcohol sales shall be permitted only between the hours of
10 00 a m and 11 00 p m seven (7) days per week,
5 That all conditions imposed under Council Resolution #134-01,
which granted waiver use approval to operate a full service
restaurant with a maximum seating capacity of 78 seats at this
location, shall remain in effect to the extent that they are not in
conflict with this approval, and
6 That a conditional agreement shall be executed limiting this
waiver use to this user only, with the provision to extend this
Regular Meeting Minutes of October 22, 2008 36922
waiver use approval to a new user only upon approval of the
new user by the City Council and the Michigan Liquor Control
Commission
FURTHER, the Council hereby waives the 1,000 foot separation
requirement as set forth in Section 11 03(h)(1) of Zoning Ordinance
543, as amended
#475-08 RESOLVED, that having considered a communication
dated September 25, 2008, from the City Planning Commission, which
transmits its resolution 09-82-2008 adopted on September 23, 2008,
with regard to Petition 2008-08-02-27, submitted by RJ Foods Inc.,
requesting waiver use approval to operate a full service restaurant
(Subway Sandwich Shop) on property located on the southeast corner
of Plymouth Road and Stark Road (34395 Plymouth Road), in the
Northwest 1/4 of Section 33, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2008-08-02-27 is hereby approved and
granted, subject to the following conditions
1 That the maximum customer seating count shall not exceed 35
seats in accordance with the Floor Plan marked Sheet 1 of 3
submitted by Subway World Headquarters, dated July 24, 2008,
2 That the petitioner shall comply with the following stipulation in
the correspondence dated September 11, 2008, from the
Inspection Department;
That petitioner's proposal is a change in use This will
require that the proposed space must conform to all
current barrier free codes, building codes and all
mechanical codes and standards
3 That only conforming signage is approved with this petition, and
any additional signage shall be submitted for review and
approval by the Planning Commission and City Council,
4 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows, and
5 That the specific plan referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for the building permits
Regular Meeting Minutes of October 22, 2008 36923
#476-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated October 8, 2008, which
transmits its resolution 10-89-2008, adopted on October 7, 2008, with
regard to Petition 2008-09-08-11 submitted by McLaren Performance
Technologies, requesting site plan approval in connection with the
construction of an addition to the industrial buildings located on the
south side of Eight Mile Road, between Merriman Road and Hubbard
Road (32205 Eight Mile Road, in the Northeast 1/4 of Section 3,
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 City Planning Commission and Petition
2008-09-08-11 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan marked Sheet No SPA-1 dated September
23, 2008, as revised, prepared by Merritt McPherson Cieslak, is
hereby approved and shall be adhered to,
2 That the Exterior Building Elevation Plan marked Sheet 4 dated
July 31, 2008, as revised, prepared by Anthony Pucci Architect,
is hereby approved and shall be adhered to,
3 That the brick used in the construction shall be full face four (4")
inch brick,
4 That the petitioner shall correct to the Fire Department's
satisfaction the stipulations contained in the correspondence
dated September 30, 2008,
5 That landscaping shall be added to the site at the direction of
the Planning Department;
6 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
7 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
#477-08 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated October 2, 2008,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 232-08, in connection with a proposed amendment to the
Regular Meeting Minutes of October 22, 2008 36924
Zoning Ordinance to set forth a separation requirement between check
cashing stores and SDD/SDM licensed stores, the Council does
hereby concur in the recommendation of the Department of Law and
does hereby refer this item to the City Planning Commission for action
and recommendation in accordance with provisions of law and City
Ordinance
A roll call vote was taken on the foregoing resolutions with the following result:
AYES McCann, Laura, Meakin, Robinson, Knapp, Godfroid-
Marecki, and Toy
NAYS None
Knapp provided a verbal update regarding the proposed Budget for the
City for the fiscal year ending November 30, 2009, and the property tax millage
proposed to be levied in support of the proposed Budget. (CR 281-08 and 282-08)
A communication from the Department of Finance, dated October 15,
2008, re historical cost of overtime as a percentage of base wages, was received
and placed on file for the information of the Council
The Preliminary 2008-2009 Fiscal Year Budget was received and
placed on file for the information of the Council
A communication from the Livonia Chamber of Commerce, dated
September 22, 2008, re participation in the Livonia Community Marketing
Consortium and volunteer efforts to market Livonia, was received and placed on file
for the information of the Council
A communication from the Department of Community Resources,
dated September 22, 2008, re request for new Recreation Supervisor position at the
Civic Park Senior Center, was received and placed on file for the information of the
Council
Regular Meeting Minutes of October 22, 2008 36925
On a motion by Knapp, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#478-08 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, 2008, and ending
November 30, 2009, as shown in the Budget Document in Section I,
submitted by the Mayor to the Council on September 15, 2008,
pursuant to Section 3, Chapter VII of the City Charter, be and hereby is
determined and adopted with the revisions as set forth in the
communication from the Director of Finance, dated September 29,
2008, approved for submission by the Mayor, 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 6, 2008, after proper notice being
published in the Livonia Observer and Eccentric, the official newspaper
of the City, on September 21, 2008, 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
On a motion by Knapp, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#479-08 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, 2008, and
ending November 30, 2009, 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,
Regular Meeting Minutes of October 22, 2008 36926
(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 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,
(d) The Council does hereby establish a tax levy of 0100 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 379 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,
(e) The Council does hereby establish a tax levy of 1 8767 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 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,
(f) 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 set out above,
for the purpose of defraying City expenses and liabilities for the
collection and disposal activities required for curbside recycling
REVISED
Regular Meeting Minutes of October 22, 2008 36927
and yard waste composting programs, in addition to the amount
authorized to be levied for general municipal purposes,
(g) 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,
(h) 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,
(i) 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,
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
Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 14 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 2008-05-01-02)
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
REVISED
Regular Meeting Minutes of October 22, 2008 36928
above Ordinance was placed on the table for consideration at an upcoming regular
meeting
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 6 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 OFLIVONIA ZONING ORDINANCE" BY ADDING SECTION
3 THERETO (Petition 2008-06-01-03)
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
A communication from the Department of Law, dated October 16,
2008, re proposed Amendment to Zoning Ordinance No 543, was received and
placed on file for the information of the Council (Petition 2008-06-01-04)
Godfroid-Marecki gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 26 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 2008-06-01-04)
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
Regular Meeting Minutes of October 22, 2008 36929
A communication from the Planning Department, dated October 15,
2008, re parking available on site for property at 37500 West Seven Mile Road, was
received and placed on file for the information of the Council
On a motion by Godfroid-Marecki, seconded by Knapp, and
unanimously adopted, it was
#480-08 RESOLVED, that having considered a letter from Eric
Zylinski, Apple Crest Properties, L L C , dated October 6, 2008,
requesting a waiver of the sidewalk requirement in front of a newly-
constructed office building located at 37500 West Seven Mile Road,
and having further considered the report and recommendation of the
City Engineer, dated October 7, 2008, approved for submission by the
Mayor, the Council does hereby approve this request inasmuch as
omitting the sidewalk on the subject property would have no
detrimental effect upon the neighboring properties at this time due to
lack of any other public sidewalks existing within the neighboring area,
FURTHER, the Council does hereby reserve the right to require
sidewalks at this location in the event that additional sidewalks are
installed in this area at some future date
Eric Zylinski, 32460 Schoolcraft, Livonia, was present on behalf of Apple Crest
Properties, L L C , to answer any questions of Council
On a motion by Meakin, seconded by McCann, and unanimously
adopted, it was
#481-08 RESOLVED, that having considered a communication
from Scott Gibson, Car Pro Auto and Truck Services, received in the
Office of the City Clerk on October 7, 2008, the Council does hereby
amend and revise Council Resolution 420-08 so as to read as follows
RESOLVED, that having considered a communication from the
City Planning Commission, dated September 2, 2008, which
transmits its resolution 08-73-2008, adopted on August 26,
2008, with regard to Petition 2008-07-02-23, submitted by Car
Pro Auto and Truck Services requesting waiver use approval to
operate an automobile and truck repair facility on property
located on the north side of Industrial Road between Merriman
Road and Middlebelt Road (30832 Industrial Road), in the
Northwest 1/4 of Section 26, which property is zoned M-1, and
pursuant to Council Resolution 420-08, which received Council
Regular Meeting Minutes of October 22, 2008 36930
approval on September 24, 2008, the Council does hereby
determine to take no further action with regard to this
matter since the Petitioner has formally withdrawn its
request by letter received on October 7, 2008
On a motion by Godfroid-Marecki, seconded by McCann, and
unanimously adopted, it was
#482-08 RESOLVED, that having considered the report and
recommendation of the Planning Department — Cell Tower Committee,
dated October 8, 2008, approved for submission by the Mayor,
submitted pursuant to Council Resolution 431-08, in connection with
Petition 2008-08-02-26 submitted by Verizon Wireless to construct a
cell tower on City-owned property (Fairway Park adjacent to Idyl Wyld
Golf Course), the Council does hereby refer this item to the City
Planning Commission for action and recommendation in accordance
with provisions of law and City Ordinance
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
#483-08 WHEREAS, the City Clerk has received an application for
Industrial Facilities Exemption Certificate from Ford Motor Company,
dated June 11, 2008, covering new industrial facilities to be located
within City of Livonia Industrial Development District No 1,
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 Ford Motor Company, 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, September 29, 2008, 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, Ford Motor Company, finds and determines
(a) that the granting of this Industrial Facilities Exemption
Certificate shall not have the effect of substantially impeding the
Regular Meeting Minutes of October 22, 2008 36931
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 Ford Motor
Company covering new industrial facilities to be located within
the City of Livonia Industrial Development District No 1, for 12
years after a two (2) year construction period
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 and incorporate such Letter of
Agreement as part of the documentation required to process
applications for Industrial Facilities Exemption Certificates
On a motion by McCann, seconded by Meakin, and unanimously
adopted, it was
#484-08 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated August 5, 2008, on all matters required by
Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as
amended, and a first public hearing having been held thereon on
September 29, 2008, after due notice as required by Section 3 08 070
of said Code, and 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 to make the improvement consisting of the
installation of 100-watt high pressure sodium street lights
with colonial luminaries with underground wiring in the
Churchill Manor Site Condominiums, located west of
Newburgh Road between Ann Arbor Trail and Joy Road
in the Southeast 1/4 of Section 31, City of Livonia,
Wayne County, Michigan, as described in said statement;
Regular Meeting Minutes of October 22, 2008 36932
and to defray the cost of such improvement by special
assessment upon the property 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 August
5, 2008,
(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;
(6) Designate the assessment district, describing the land
and premises upon which special assessments shall be
levied as follows
Lots 1 to 31, both inclusive, of the
Churchill Manor Site Condominiums, as
recorded in the Wayne County Condo
Plan #902, Liber 44234, Pages 74-100,
Wayne County Records, said
development being part of the S E % of
Section 31, T1S , R9E , City of Livonia,
Wayne County, Michigan
(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
August 5, 2008, and
(8) 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
On a motion by Knapp, seconded by Godfroid-Marecki, it was
RESOLVED, that in connection with determining necessity for the
proposed special assessment street lighting project for the Churchill
Regular Meeting Minutes of October 22, 2008 36933
Manor Site Condominiums, the Council does hereby refer the subject
of contacting Detroit Edison regarding led lights to the Engineering
Division for its report and recommendation
Knapp and Godfroid-Marecki withdrew their motions on the foregoing resolution
On a motion by Godfroid-Marecki, seconded by Meakin, and
unanimously adopted, it was
#485-08 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Admiral Tool &
Manufacturing Co of Michigan, dated September 10, 2008, covering
new industrial facilities to be located within City of Livonia Industrial
Development District No 77,
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 Admiral Tool &
Manufacturing Co of Michigan, 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 13, 2008, 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, Admiral Tool & Manufacturing Co of
Michigan, 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 Admiral Tool &
Manufacturing Co of Michigan covering new industrial facilities
Regular Meeting Minutes of October 22, 2008 36934
to be located within the City of Livonia Industrial Development
3 District No 77, for 12 years
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 and incorporate such Letter of
Agreement as part of the documentation required to process
applications for Industrial Facilities Exemption Certificates
There was no Audience Communication at the end of the meeting
Meakin wished his wife, Colleen, a Happy 15th Anniversary
On a motion by Meakin, seconded by Godfroid-Marecki, and
unanimously adopted, this 1,619th Regular Meeting of the Council of the City of
Livonia was adjourned at 9 02 p m
. A , / 4_
Linda Grimsby, City Clerk, r