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HomeMy WebLinkAboutCOUNCIL MINUTES 2005-02-23 34997 MINUTES OF THE ONE THOUSAND FIVE HUNDRED THIRTY-FIRST REGULAR MEETING OF FEBRUARY 23, 2005 On February 23, 2005, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Robinson recited the Pledge of Allegiance accompanied by the students of St. Damian's Elementary School Roll was called with the following result: Thomas Robinson, Donald Knapp, Brian Meakin, Frank J Kokenakes, Terry Godfroid-Marecki, James McCann and Gerald Taylor Absent. None Elected and appointed officials present. Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs and Alan Brandemihl, Fire Chief On a motion by Knapp, seconded by McCann, and unanimously adopted, it was CR 48-05 RESOLVED, that the minutes of the 1,530th Regular Meeting of the Council held February 9, 2005 are hereby approved as submitted On a motion by Robinson, seconded by McCann, and unanimously adopted, it was CR 49-05 RESOLVED, that the subject matter of the Shelden Center Pool located in Section 33 at 33123 Van Court be referred to the Capital Improvement Committee for a report and recommendation On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was 34998 Regular Meeting of February 23, 2005 CR 50-05 RESOLVED, that the subject matter of the future use of the former Senior Center located on Farmington Road south of Plymouth Road be referred to the Capital Improvement Committee for a report and recommendation During the audience communication portion of the agenda, Councilmember McCann congratulated the Livonia Police Department on the recent arrest that resulted in the solving of a Livonia murder dating back to 1989 Council Vice-President Brian Meakin wished a "Happy Birthday" to Council President Gerald Taylor who celebrates his birthday today, February 23 City Clerk Val Vandersloot thanked all the election workers who helped conduct the Livonia Public Schools' millage proposal election on Tuesday, February 22 She also announced that the 2005 pet licenses are now available for sale at the City Clerk's Office Lastly, she said a "Hello" to Tiger Cubs Pack 907, Den 4, from Hoover Elementary School who had visited City Hall earlier in the evening Council President Taylor announced that a public hearing for the following item would be held on Monday, April 11, 2005 at 7 00 P M in the auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI Proposed Special Assessment Street Lighting Project Cross Winds Court Subdivision and Adjacent Lot Splits, S W 1/4 of Section 11, North of Six Mile and East of Merriman Roads Establishment of the Assessment Roll On a motion by Kokenakes, seconded by Godfroid-Marecki, it was CR 51-05 RESOLVED, that having considered a letter from Rev C Allen Kannapell, Rector, St. Andrew's Episcopal Church, dated January 25, 2005, which requests permission to place signs announcing their 15th Annual All-Parish Rummage/Garage Sale to be conducted on Friday and Saturday, April 22 and April 23, 2005, which signs are double-sided and are 4' x 5' in size and which will be located on the northeast corner of Hubbard and Five Mile Roads and the northeast corner of Hubbard and Six Mile Roads, and which signs would be installed on April 22, 2005, and removed on April 23, 2005, the Council does hereby grant and approve this request in the manner and form herein submitted CR 52-05 RESOLVED, that having considered a letter from Claudine Antoun, Tele-Site Inc , on behalf of New Par d/b/a Verizon Wireless, dated January 25, 2005, regarding a proposal to install a wireless communication facility (antenna) at Bicentennial Park, the Council does hereby refer this item to the Cell Tower Committee for its report and recommendation 34999 Regular Meeting of February 23, 2005 CR 53-05 RESOLVED, that having considered a letter from Claudine Antoun, Tele-Site Inc , on behalf of New Par d/b/a Verizon Wireless, dated January 25, 2005, regarding a proposal to install a wireless communication facility (antenna) at Bi-Centennial Park, the Council does hereby refer this item to the Legislative Committee for its report and recommendation A communication from the Department of Finance, dated February 1, 2005, re annual investment activity for the fiscal year ending November 30, 2004, excluding investment activity of the City's pension funds, was received and placed on file for the information of the Council CR 54-05 RESOLVED, that having considered a communication from the Chief of Police, dated January 27, 2005, which bears the signature of the Director of Finance and is approved for submission by the Director of Public Safety and the Mayor, the Council does hereby authorize the purchase of a Firearms Training Simulator for the Police Department from Firearms Training Systems, Inc , 7340 McGinnis Ferry Road, Suwanee, Georgia 30174, in the amount of $68,000 00 from funds already budgeted in Account No 265-334-987-000 for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 55-05 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated January 25, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the extension of the Weed Cutting Contract 99-A, commencing January 1, 2005, and expiring on December 31, 2005, with Michigan Grounds Management, 14931 Farmington Road, Livonia, Michigan 48154, under the same rates, terms and conditions as the 1999 contract, FURTHER, the Council does hereby authorize an advance in the contract amount from the Municipal Refuse Fund Account for the purpose of making payments to the contractor as the work is completed, with the provision that the Municipal Refuse Fund Account be reimbursed as bills for weed cutting are collected, and the Director of Inspection is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action 35000 Regular Meeting of February 23, 2005 herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A communication from the Office of the City Clerk, dated January 27, 2005, re determination of the Local Officers Compensation Commission relative to the salaries of elected officials for the years 2005, 2006 and 2007, was received and placed on file for the information of the Council CR 56-05 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated January 26, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Wilmar Industries, Inc , 23975 Research Drive, Farmington Hills, Michigan 48335, for eighty-two (82) natural gas hot water heaters and related installation materials to be installed in occupied apartments at the Silver Village Housing Facility for the total price of $23,456 24, 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 $23,456.24 from funds already budgeted in Silver Village Building Maintenance Account No 296-831-931-000 for this purpose, and the Director of the Housing Commission is hereby authorized to do all things necessary or incidental to the full performance of this resolution CR 57-05 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated January 27, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein the Housing Commission has recommended approval of a new Lease Agreement, prepared by the Department of Law, between the City of Livonia and Lawrence and Joanne Desjarlais, for City-owned property located at 11981 Newburgh, the Council does hereby concur in and approve of the aforesaid Lease Agreement, FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the Lease in the manner and form herein submitted, and to do all other things necessary or incidental to the full performance of this resolution CR 58-05 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated February 1, 2005, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, the Council does hereby accept the quote of South Huron 35001 Regular Meeting of February 23, 2005 Industrial, Inc., 27903 Cooke Street, Flat Rock, Michigan 48134, for delivery and application of liquid calcium chloride on gravel roads and gravel parking lots for the City's 2005 calendar year requirements, for the estimated total amount of $16,800 00, based on the Public Service Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, FURTHER, the Council does hereby authorize an expenditure of a sum not to exceed $16,800 00 from funds already budgeted for this purpose in Account No 101-463-782-000 (Road Maintenance), FURTHER, in the event the company submitting the lowest quote is unable to provide the service, the Council does hereby accept the second lowest quote of Bay Dust Control, 2715 S Huron Road, Kawkawlin, Michigan 48631, as an alternate for the delivery and application of liquid calcium chloride on gravel roads and gravel parking lots for the City's 2005 calendar year requirements for the estimated total amount of $18,235 00 (based upon their unit price quotation), FURTHER, the Council does hereby authorize such action without competitive bidding in accordance with Section 3 04 140D 4 of the Livonia Code of Ordinances, as amended CR 59-05 RESOLVED, that having considered a communication from the City Planning Commission, dated January 27, 2005, which transmits its resolution 01-09-2005, adopted on January 25, 2005, with regard to Petition 2004-12-02-35 submitted by Mid America Shows, Inc., requesting waiver use approval to conduct a carnival sponsored by the Livonia Mall Merchants Association consisting of amusement rides, games and food concessions from Thursday, April 28, 2005 through Sunday, May 8, 2005, inclusive, on property located on the north side of Seven Mile Road between Middlebelt Road and Purlingbrook Road in the Southeast 1/4 of Section 2, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-12-02-35 is hereby approved and granted, subject to the following conditions 1 That the carnival shall be limited to the dates as specified by Mid America Shows, Inc , which are April 28, 2005 through May 8, 2005, inclusive, 2 That the proposed carnival operation shall be confined to the area as illustrated on the Site Plan submitted with this request, 3 That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 60 feet distant from the Seven Mile Road right- of-way line, 35002 Regular Meeting of February 23, 2005 4 That all trucks and other transportation equipment shall be parked or stored within the northwesterly portion of the Livonia Mall parking lot, but no closer than 100 feet from the west property line abutting the Ziegler Place site or 250 feet from the south property line abutting Hunters Brook Condominiums, 5 That there shall be no motors running on the stored trucks during late hours, especially between 11 00 p m and 7 00 a m , including motors on any refrigeration trucks, 6 That there shall be no living quarters at the location of the stored trucks, 7 That adequate access to nearest local hydrants be provided for firefighting and that adequate access be provided for medical units and personnel, 8 That adequate security shall be provided to insure a safe and orderly event; 9 That temporary fences/barricades shall be placed along north, east, and west perimeters to prevent pedestrians/children from 10 walking or running into traffic areas, and That the hours of operation of the carnival shall be as stated in a letter dated December 8, 2004, from James K Wegerly, Vice President of Mid America Shows, Inc., which have been approved by the Police Department. CR 60-05 RESOLVED, that having considered a communication from the City Planning Commission, dated January 27, 2005, which transmits its resolution 01-10-2005, adopted on January 25, 2005, with regard to Petition 2004-12-02-36 submitted by RC Screwz, requesting waiver use approval to operate a remote control car race track in an industrial building located at 12119 Levan Road, on the west side of Levan Road between Plymouth Road and Commerce Street in the Southwest 1/4 of Section 29, which property is zoned M-1 , the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-12-02-36 is hereby approved and granted, subject to the following conditions 1 That the following issues as outlined in the correspondence dated January 10, 2005, from the Inspection Department shall be resolved to that Department's satisfaction, 35003 Regular Meeting of February 23, 2005 • That the petitioner shall submit a detailed exit and egress plan for review and shall add emergency egress lights and exit signage as may be needed, • That a plan for all construction proposed or existing without permit shall be submitted to the Inspection Department for their review; • That the petitioner shall complete all corrections already issued by the Inspection Department; 2 That this approval shall incorporate the following items listed in the correspondence dated January 4, 2005 from the Livonia Fire and Rescue Division of the Department of Public Safety. • That an egress plan, which shall fully comply with the requirements of A-3 Occupancy, shall be provided to the Fire Department for review; • That a double-sided "No Parking Fire Lane" sign shall be posted on the south side of the building, and 3 That all the plans required as part of this approval shall be submitted to the Inspection Department at the time the building and/or occupancy permits are applied for A roll call vote was taken on the foregoing resolutions with the following result: AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann and Taylor NAYS None On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 61-05 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 31, 2005, submitted pursuant to Council Resolution 522-04, in connection with the renewal of the contract between the City of Livonia and Livonia Towing, Inc and the possible amendment to towing and storage rates set forth in the Livonia Code of Ordinances, as amended, the Council does hereby authorize the renewal of the contract between the City of Livonia and Livonia Towing, Inc , 12955 Levan, Livonia, Michigan 48150, for police towing and storage services for a two year 35004 Regular Meeting of February 23, 2005 period, with charges for the following services rendered for City-owned vehicles and equipment to remain the same as the existing Agreement, previously authorized in Council Resolutions 377-99 and 347-02 Towing under 5,000 GVWR $ 10 00 Towing 5,000 to 10,000 GVWR 30 00 Tire change 10 00 Over mileage charge 1 00 per mile FURTHER, Livonia Towing, Inc shall abide by the towing and storage rates and fees established in Section 10.21.240 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby determine to approve the request to waive the performance bond requirement for the reasons indicated in the report and recommendation of the Chief of Police, and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with Livonia Towing, Inc provided same is approved as to form by the Department of Law; FURTHER, the Council does hereby authorize the action herein without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended On a motion by Meakin, seconded by McCann, and unanimously adopted, it was CR 62-05 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 31, 2005, submitted pursuant to Council Resolution 522-04, in connection with the renewal of the contract between the City of Livonia and Livonia Towing, Inc and the possible amendment to towing and storage rates set forth in the Livonia Code of Ordinances, as amended, the Council does hereby refer this matter to the Department of Law to prepare an appropriate Ordinance Amendment to Section 10 21.240 of the Livonia Code of Ordinances for submission to Council On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 63-05 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 31, 2005, submitted pursuant to Council Resolution 458-04, in connection with the letter from Richard L. Glomb, Operations Manager, Great Lakes Bowling Centers, received in the Office of the City Clerk on 35005 Regular Meeting of February 23, 2005 September 10, 2004, requesting a waiver and/or amendment to Section 5 12 030 of the Livonia Code of Ordinances, in order for Cloverlanes Bowl to remain open for business between the hours of 4 00 a m and 7 00 a m for the purpose of conducting overnight youth lock-in events, the Council does hereby determine to take no further action with regard to this matter The subject matter of the review of the Sign Ordinance as it pertains to signs advertising non-profit activities, open houses, etc., in the rights-of-way is to remain in the Legislative Committee (CR 428-04) A communication from the Engineering Division, dated December 7, 2004, re the issue of erosion and overflow problems at 35197 Vargo is to remain in Committee because of the lack of budgeted funds available to design or construct detention basins in this area, was received and placed on file for the information of the Council (CR 594-98) On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was CR 64-05 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 8, 2005, submitted pursuant to Council Resolution 594-98, in connection with problems with erosion and overflow of the creek that flows through the property located at 35197 Vargo, the Council does hereby determine to take no further action with regard to this matter A communication from the Engineering Division, dated January 12, 2005, re the enclosure of Bell Creek west of Fitzgerald Avenue is to remain in Committee because of the lack of budgeted funds to do the recommended detailed investigation or possible alterations, was received and placed on file for the information of the Council (CR 751-98) On a motion by Robinson, seconded by Kokenakes, and unanimously adopted, it was 35006 Regular Meeting of February 23, 2005 CR 65-05 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 8, 2005, submitted pursuant to Council Resolution 751-98, in connection with drainage concerns in the area of the Bell Creek Enclosure, west of Fitzgerald Avenue in the Southwest 1/4 of Section 5 (S.A.D No 389), the Council does hereby refer the subject of current safety issues and minimal cost modifications to the property in lieu of larger storm water management City wide solution to the Engineering Division for its report and recommendation A communication from the Engineering Division, dated December 13, 2004, re recommendation to take no further action on the water drainage problem at 29070 Sunnydale since there have been no complaints since the installation of a French drain in this area, was received and placed on file for the information of the Council (CR 553-02) On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was CR 66-05 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 8, 2005, submitted pursuant to Council Resolution 553-02, in connection with water drainage problems at 29070 Sunnydale and neighboring property, the Council does hereby determine to take no further action with regard to this matter A status update on the subject matter of Mosquito Treatment for Basins was presented, and this item is to remain in the Water, Sewer and Waste Committee (CR 83-04) Councilmember McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 070 OF TITLE 16, CHAPTER 32 (LOT PARTITION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki, 35007 Regular Meeting of February 23, 2005 McCann and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp left the podium at 8 15 p m due to a conflict of interest. Councilmember Robinson took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 4 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 2004-11-01-14) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Robinson, Meakin, Kokenakes, Godfroid-Marecki, McCann and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp returned to the podium at 8 17 p m Councilmember Knapp took from the table, for second reading and adoption, 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 2004-11-01-15) A roll call vote was taken on the foregoing Ordinance with the following result. 35008 Regular Meeting of February 23, 2005 AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Kokenakes, seconded by Robinson, it was CR 67-05 RESOLVED, that having considered a communication from the Director of Finance, dated January 20, 2005, approved for submission by the Mayor, to which is attached a proposed Agreement between the City of Livonia and Karoub Associates, 121 West Allegan Street, Lansing, Michigan 48933, to act as the City's Legislative Consultant for the period January 1, 2005, through December 31 , 2005, for an annual fee of $24,000 00, including all expenses, the Council does hereby approve the Agreement in the manner and form herein submitted, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said Agreement, subject to approval as to form by the Department of Law A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Meakin, Kokenakes, Godfroid-Marecki, McCann and Taylor NAYS Knapp The President declared the resolution duly adopted On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was CR 68-05 RESOLVED, that having considered a communication from the City Planning Commission, dated January 31, 2005, which transmits its resolution 01-11-2005, adopted on January 25, 2005, submitted pursuant to Council Resolution 480-04, in connection with Petition 2004-08-07-01, wherein the Commission did amend Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, so as to change the land use designation of various properties located throughout the City of Livonia, excepting Reference No 28-01 of the proposed Future Land Use Plan of the City of Livonia, the Council 35009 Regular Meeting of February 23, 2005 does hereby certify and acknowledge receipt of same, and the City 4 Clerk is hereby requested to have the same recorded in the Office of Lip the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was CR 69-05 RESOLVED, that relative to the excepted Reference No 28-01 of the Proposed Future Land Use Plan of the City of Livonia, as outlined in Council Resolution 68-05, the Council does hereby determine to refer this parcel of land to the Streets, Roads and Plats Committee for a report and recommendation A communication from the Assessor's Office, dated February 9, 2005, re an inspection of property located at 38905 W Six Mile Road and the determination that its condition is within the definition of functional obsolescence, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 70-05 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish Industrial Development Districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an Industrial Development District encompassing land situated in the City of Livonia and comprised of an area of approximately 6 20 acres, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 98", and WHEREAS, written notice has been given by certified mail to Valassis Communications, Inc of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 98, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a Public Hearing on the establishment of the proposed City of Livonia Industrial Development District No 98, and 35010 Regular Meeting of February 23, 2005 WHEREAS, on February 7, 2005 a Public Hearing was held on the establishment of proposed City of Livonia Industrial Development District No 98, at which time Valassis Communications, Inc and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of Valassis Communications, Inc attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 98 " EXHIBIT A PART OF NW 1/4 SEC 18 T1S R9E DESC AS COMM AT NW COR SEC 18 TH S 00 D 11M 58S E 330 00 FT AND S 89D 45M 13S E 253 59 FT TO FOB PROC TH S 89D 45M 13S E 276 41 FT TH N OOD 11M 58S W 130 00 FT TH S 89D 45M 13S E 65 00 FT TH S OOD 11M 58S E 130 00 FT TH S 89D 45M 13S E 347 96 FT TH S OOD 14M 47S E 380 00 FT TH N 89D 45M 13S W 686 41 FT TH N OOD 11M 58S W 380 02 FT TO POB 6 195 AC MORE OR LESS On a motion by Kokenakes, seconded by Meakin, and unanimously adopted, it was CR 71-05 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish Plant Rehabilitation Districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of a Plant Rehabilitation District encompassing land situated in the City of Livonia and comprised of an area of approximately 1 30 acres, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is 35011 Regular Meeting of February 23, 2005 hereinafter referred to as "City of Livonia Plant Rehabilitation District No 98-P", and WHEREAS, written notice has been given by certified mail to Valassis Communications, Inc of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Plant Rehabilitation District No 98-P, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a Public Hearing on the establishment of the proposed City of Livonia Plant Rehabilitation District No 98-P, and WHEREAS, on February 7, 2005 a Public Hearing was held on the establishment of proposed City of Livonia Plant Rehabilitation District No 98-P, at which time Valassis Communications, Inc and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of Valassis Communications, Inc attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 A Plant Rehabilitation District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Plant Rehabilitation District is hereby designated as the "City of Livonia Plant Rehabilitation District No 98-P " EXHIBIT A A parcel of land situated in the Northwest 1/4 of Section 18, T 1S , R 9E , City of Livonia, Wayne County, Michigan more particularly described as Beginning at a point distant S 00° 11' 58" E , 419 00 feet and S 89° 45' 13" E , 614 54 feet from the Northwest corner of Section 18, said point being the Northwest building corner, and proceeding thence S 89° 45' 13" E , 288 42 feet; thence S 00° 14' 47" E , 196 42 feet; thence N 89° 45' 13" W , 288 42 feet; thence N 00° 14' 47" W , 196 42 feet to the point of beginning 35012 Regular Meeting of February 23, 2005 3 It is hereby determined that the subject property meets the statutory requirement of functional obsolescence 4 The City Assessor has submitted a statement showing the SEV of the obsolete facility, which indicates that the 2004 SEV of this property is $3,384,310 00 On a motion by Robinson, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 72-05 RESOLVED, that having considered the letter from Robert L Recchia, Executive Vice President/Chief Financial Officer of Valassis Communications, Inc , dated January 13, 2005, requesting the establishment of an Industrial Development District for Valassis, and the Council having considered this matter at a Public Hearing held February 7, 2005, the Council does hereby refer the subject of Plant Rehabilitation Districts to the Committee of the Whole for its report and recommendation On a motion by Knapp, seconded by McCann, and unanimously adopted, it was CR 73-05 RESOLVED, that having considered a communication from the Mayor, dated February 11, 2005, concerning the reappointment of Lora Weingarden to the Board of Ethics, and pursuant to Section 2 200 070 of the Livonia Code of Ordinances, as amended, the Council does hereby consent to and confirm the reappointment of Lora Weingarden, 32941 Southgate, Livonia, Michigan 48152, to the Board of Ethics for a three year term commencing March 1, 2005 and expiring March 1, 2008 On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 74-05 RESOLVED, that having considered a communication from the Department of Law, dated February 1, 2005, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement from Adam J Maida, Roman Catholic Archbishop, on behalf of St. Michael Church, in connection with a new storm sewer installation at St. Michael School, more particularly described as A twelve (12) foot wide easement being the South 12 feet of the East 130 feet of the following described parcel 35013 Regular Meeting of February 23, 2005 That part of the Northwest 1/4 of Section 34, T 1 S , R. 9 E , City of Livonia, described as beginning at a point on the southerly line of Plymouth Road distant North 88° 39' 44" West, 43 0 feet and South 1° 18' 46" West, 60 0 feet from the North 1/4 corner of Section 34 and proceeding thence South 1° 18' 46" West, 900 0 feet thence North 88° 39' 44" West, 257 0 feet thence North 1° 18' 46" East, 900 0 feet to the southerly line of Plymouth Road thence South 88° 39' 44" East along said line 257 0 feet to the point of beginning 5 31 acres (Tax I D No 134-99-0001-000) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement; and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution Christopher Martin, 11037 Hubbard, Livonia, 48150, spoke to the Council regarding this item On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 75-05 RESOLVED, that having considered a communication from the Department of Law, dated February 14, 2005, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Paul Eberly, et al v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann and Taylor NAYS None The President declared the resolution duly adopted On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was 35014 Regular Meeting of February 23, 2005 CR 76-05 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, seconded by Knapp, and unanimously adopted, it was CR 77-05 RESOLVED, that having considered a communication from the Interim Director of Emergency Preparedness, dated February 23, 2005, which bears the signature of the Director of Finance and the Director of Public Safety, and is approved for submission by the Mayor, the Council does hereby accept a 2003 State Homeland Security Grant Program Part II Solution Area Planner (SAP) Grant award in the amount of $43,000 00 and does hereby accept the proposal dated February 22, 2005, submitted by Plante & Moran, 27400 Northwestern Highway, P 0 Box 307, Southfield, Michigan 48037-0307, to serve as Solution Area Planner (SAP) in connection with the grant requirements for a total cost not to exceed $43,000 00, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $43,000 00 from Account No 223-636-965-101(3) for this purpose, FURTHER, project fees will be invoiced to the City of Livonia based upon the governmental rate structure at a blended hourly rate of $195 00 per hour, which is a weighted average of the different staff levels anticipated to perform this assignment, including the positions of Project Director, Project Manager and Staff Consultant, FURTHER, invoices provided to the City of Livonia for this assignment will be detailed with the number of total hours and blended hourly rate for each invoice period, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the Agreement with Plante & Moran as outlined in the engagement letter dated February 22, 2005, FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution On a motion by Knapp, seconded by Meakin, and unanimously adopted, this 1,531st Regular Meeting of the Council of the City of Livonia was adjourned at 9 05 p m , February 23, 2005 Val Vandersloot, City Clerk