Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 2005-05-25 39159 MINUTES OF THE ONE THOUSAND FIVE HUNDRED THIRTY-SEVENTH REGULAR MEETING OF MAY 25, 2005 On May 25, 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 Knapp delivered the invocation Roll was called with the following result. Donald Knapp, Brian Meakin, Frank J Kokenakes, Terry Godfroid-Marecki, James McCann, Thomas Robinson and Gerald Taylor Absent. None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Karen Tesner, Assistant City Clerk, Karen Szymula, Director of Legislative Affairs, Dan Putman, Director of Information Systems, Stan Dobis, Cable Commission, Ian Wilshaw, Traffic Commission and Gary Garrison and Brian Bentley, Clarenceville School Board On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 253-05 RESOLVED, that the minutes of the 1,536th Regular Meeting of the Council held May 11, 2005 are hereby approved as submitted During the audience communication portion of the agenda, Councilmember McCann presented a proclamation to Ellen Demray, principal of Grandview Elementary School in the Clarenceville School District. This school received the 2005 Michigan Blue Ribbon Award for their outstanding commitment to educational excellence Ellen Demray, who has been principal of Grandview School for 14 years, was accompanied by Jaclyn Posniak, Shane Martin and Summer Reddick, Student Council President, Vice-President and Secretary, respectively Ms Demray thanked the Councilmembers and Mayor for having acknowledged Grandview School and its staff Gary Garrison and Brian Bentley, members of the Clarenceville School Board, were present at the meeting Don Kolhoff, 14066 Mayfield, Livonia, thanked the Councilmembers for their support of the Livonia Symphony Orchestra, and announced that the Orchestra's Regular Meeting of May 25, 2005 39160 14th Annual Golf Outing fundraiser would be held at Fox Creek Golf Course on Wednesday, June 15 He is the contact person for this event and can be reached at (734) 522-0721 for further information about this event. He also mentioned that the "Music Under The Stars" program will begin the Symphony's 2005-2006 season, followed by five more concerts Councilmember Godfroid-Marecki sent "Happy Birthday" wishes to her friend, Jerri Joyner, who is 85 years old Council Vice-President Meakin sent birthday wishes to his wife, Colleen, who will celebrate her birthday this upcoming weekend, and his son, Brendan, who will celebrate his birthday next Tuesday Council President Taylor announced that Public Hearings for the following items will be held on Monday, June 13, 2005 at TOO P m , in the Auditorium of the Livonia City Hall, 33000 Civic center Drive, Livonia, MI (1) Petition 2005-04-01-03 submitted by CADE Investments, LLC requesting to rezone portions of the properties at 36825 and 36905 Ann Arbor Trail, located on the south side of Ann Arbor Trail Road between Newburgh Road and Dowling Avenue in the Northwest 1/4 of Section 32 from RUF to R-1 (2) Richard Blumenstein, 32400 Telegraph Road, Ste 205, Bingham Farms, MI 48025, on behalf of Industri6I Properties, LLC, is requesting the establishment of an Industrial Development District at 31847 Glendale, Livonia, Michigan A communication from the Department of Law, dated May 10, 2005, re Newburgh Properties, LLC v City of Livonia, Wayne County Circuit Court Case No 04- 425637AA., was received and placed on file for the information of the Council (Petition No 2003-09-01-18, CR 23-04) On a motion by Robinson, seconded by Kokenakes, it was CR 254-05 RESOLVED, that having considered an application from Theresa Mastela, 32361 Cambridge, dated May 6, 2005, requesting permission to close Shrewsbury between Cambridge Street and the dead- end circle at Six Mile Road on Saturday, July 16, 2005, from 10 00 a m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, July 17, 2005, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. Regular Meeting of May 25, 2005 39161 CR 255-05 RESOLVED, that having considered a communication from the Chairperson of the Livonia Arts Commission and the Director of Community Resources, dated May 9, 2005, approved for submission by the Mayor, which requests permission to display signs announcing the annual Arts and Crafts Festival at the Greenmead Historical Village to be held on Saturday, June 11 and Sunday, June 12, 2005, which signs are to be 18" x 24" in size and which will be displayed at various intersections in the City from Sunday, June 5, 2005, through Monday, June 13, 2005, the Council does hereby grant and approve this request in the manner and form herein submitted CR 256-05 RESOLVED, that having considered a communication from the City Clerk, dated April 28, 2005, forwarding an application submitted by Carol Clarke, 33134 Trafalgar Lane, Apt. 4, Westland, Michigan 48186, for a therapeutic massage permit and in accordance with Ordinance No 2687, adopted on November 22, 2004, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 257-05 RESOLVED, that having considered a letter from Carlo Arciero, 38541 Elsie, Livonia, Michigan 48154, dated May 5, 2005, requesting a waiver of the sidewalk requirement with respect to his property located at 18347 Irving (which is part of the 2005 Sidewalk Program), and the report and recommendation of the City Engineer, dated May 13, 2005, in connection therewith, the Council does hereby deny this request inasmuch as there are a significant number of sidewalks in the neighborhood and omitting the sidewalk on this property would be detrimental to the best interests of the City and its residents CR 258-05 RESOLVED, that having considered Petition 2005-05-03-01, submitted by Larry Stanchina, dated May 1, 2005, wherein a request is submitted for the vacating of a 12 foot easement on the west side of his property located at 38896 Kingsbury, as well as six feet of the easement on the north side of the subject property in order to construct a garage, 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 CR 259-05 RESOLVED, that having considered a communication from the Director of Finance, dated May 3, 2005, approved for submission by the Mayor, to which is attached a proposed Golf Course Fund Deficit Elimination Plan, as required by the Michigan Department of Treasury, due to the new net asset presentation required by GASB 34, the Council does hereby approve the aforementioned plan with the anticipation of the elimination of the deficit by 2008, and the Finance Director is hereby Regular Meeting of May 25, 2005 39162 requested to do all things necessary or incidental to the full performance of this resolution CR 260-05 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated February 23, 2005, and the report and recommendation of the Chief of Police, dated April 28, 2005, approved for submission by the Director of Public Safety and the Mayor, the Council does hereby approve of the request from Dawood, Inc. for transfer of ownership of a 2004 SDD and SDM License from Fabs, Inc for a business located at 19213 Newburgh Road, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 261-05 RESOLVED, THAT WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs, and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and WHEREAS, to obtain its Fiscal Year 2005-2006 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1974, as amended, the City of Livonia must submit a statement of community development objectives and projected use of funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate federal and state laws and Department of Housing and Urban Development regulations, and satisfactory assurances that, prior to submission of its Final Statement of Community Development Objectives and Projected Use of Funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate income persons, and other important program requirements, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed Statement of Community Development Objectives and Projected Use of Funds Regular Meeting of May 25, 2005 39163 NOW, THEREFORE, BE IT RESOLVED by the City Council of Livonia, Michigan, that the Community Development Block Grant (CDBG) Program Annual Plan and Budget for the 2005-2006 program year (August 1, 2005 - July 31, 2006) and the updated Consolidated Plan for the five-year period August 1, 2005 - July 31, 2010 is hereby approved and shall be submitted to the U S Department of Housing and Urban Development. CR 262-05 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated April 25, 2005, which sets forth its resolution 04-49-2005, adopted on April 19, 2005, with regard to a request from SWS Oil, Inc., for a one-year extension of the approval of Petition 2004-02-08-03 in connection with the approval of all plans for a proposal to demolish and reconstruct the gas station building located at 27430 Seven Mile Road, on the northwest corner of Seven Mile and Inkster Roads in the Southeast 1/4 of Section 1, previously granted in Council Resolution 148-04, adopted on April 5, 2004, the Council does hereby concur in the recommendation of the Planning Commission and the requested one-year extension of the site plan approval in connection with Petition 2004-02-08-03 is hereby approved and granted, subject to the following conditions 1 That this request for an extension of Site Plan Approval by Gallagher Group Construction Company, Inc., in a letter dated April 1, 2005, is hereby approved for a one-year period, 2 That "free air" be available at this facility; and 3 That all conditions imposed by Council Resolution #148-04 adopted on April 5, 2004, in connection with Petition 2004-02-08-03, which permitted the demolition and reconstruction of a gas station building, shall remain in effect to the extent that they are not in conflict with the foregoing conditions CR 263-05 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 20, 2005, which bears the signature of the Director of Finance and is approved for submission by the Director of Public Safety and the Mayor Pro Tern, the Council does hereby authorize the purchase of seventy-five (75) X26E TASER® less- lethal weapons and related training and deployment equipment for the Police Department from Michigan TASER® Distributing, 32938 Scone Street, Livonia, Michigan 48154-4140, in the amount of $60,823 45, the same to be expended from funds already budgeted in Account No 265- 334-987-000 (Federal Forfeiture Capital Outlay - Other) for this purpose, FURTHER, the Council does hereby authorize the purchase of said items without competitive bidding for the reasons indicated in the aforesaid Regular Meeting of May 25, 2005 39164 communication, and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolutions with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None A communication from the Department of Law, dated May 2, 2005, re "Summary of Proposed Lease - Golden Lantern Restaurant", was received and placed on file for the information of the Council A communication from the Department of Law, received in the Office of the City Clerk on May 25, 2005, re an amendment to a Proposed Lease - Golden Lantern Restaurant, was received and placed on file for the information of the Council A communication from the Department of Law, dated May 19, 2005, re new information for a proposed lease for the Golden Lantern Restaurant, was received and placed on file for the information of the Council (CR 179-05) On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 264-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 2, 2005, submitted pursuant to Council Resolution 179-05, in connection with the request of Sylvia and John Gotsis for approval of the transfer of the lease for the Golden Lantern Restaurant, 33251 Five Mile Road to a new owner, Minush Veliu, the council does hereby approve of the transfer of the aforesaid tenant from Sylvia and John Gotsis to Minush Veliu with a new lease for a period of five years, with two (2) five-year extension options, contingent upon all repairs (as outlined in the correspondence from the Inspection Department, dated April 14, 2005 and revised on April 20, 2005) being made by either the existing tenant or the new tenant and payment of all outstanding city bills, prior to a Certificate of Occupancy being issued by the City; FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to Regular Meeting of May 25, 2005 39165 execute the proposed Lease Agreement, subject to the approval as to 16. form by the Department of Law, as well as to do all other things necessary or incidental to the full performance of this resolution Council Vice-President Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 080, 090 AND 120 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) 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 the next regular meeting Council Vice-President Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 040, OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) 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 the next regular meeting Councilmember Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Regular Meeting of May 25, 2005 39166 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 the next regular meeting On a motion by McCann, seconded by Meakin, and unanimously adopted, it was CR 265-05 RESOLVED, the Council does hereby determine to refer the subject matter of water consumption volume and possible rate adjustments to the Administration for a report and recommendation, and requests that such report be submitted for City Council review on or around September 15, 2005 Councilmember Kokenakes gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) 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 the next regular meeting Council Vice- President Meakin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 33 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 2003-10-01-19) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor two NAYS None Regular Meeting of May 25, 2005 39167 The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 35 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 2004-01-01-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, and Robinson NAYS Taylor The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Kokenakes stepped down from the podium at 8 25 p m to avoid a perceived impropriety A petition from residents, received in the Office of the City Clerk on May 25, 2005, re opposition to the building of a condominium development in Sunset Subdivision, was received and placed on file for the information of the Council (Petition 2003-04-01-12 and Petition 2005-03-08-06) On a motion by Knapp, seconded by McCann, it was CR 266-05 RESOLVED, that having considered a proposed amendment to Zoning Ordinance No 543, as amended, relative to Petition 2003-04- 01-12 submitted by William J Sheehy, on behalf of General Properties Company, LLC, for a change of zoning of property located on the west side of Sunset Avenue, between Kenwood Court and Eight Mile Road, in the Northwest 1/4 of Section 2 from RUFA to R-3 (Rural Urban Farm — 1/2 Acre Lots to one Family Residential — 80' x 120' Lots), the Council does Regular Meeting of May 25, 2005 39168 hereby determine to refer this subject matter to the Committee of the Whole for a report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None The President declared the resolution duly adopted A communication from Tony Di Vito, 20210 Sunset Avenue, Livonia, dated May 24, 2005, re his opposition to the building of a condominium development in Sunset Subdivision, was received and placed on file for the information of the Council (Petition 2003-04-01-12 and Petition 2005-03-08-06) A communication from GLA, Surveyors & Engineers, dated May 19, 2005, re submitting a drawing supporting a proposal to build an eleven unit development vs a ten unit development supported by City Council, relative to a proposed condominium development in Sunset Subdivision, was received and placed on file for the information of the Council (Petition 2003-04-01-12 and Petition 2005-03-08-06) On a motion by Knapp, seconded by Godfroid-Marecki, it was CR 267-05 RESOLVED, that having considered a communication from the City Planning Commission, dated April 22, 2005, which transmits its resolution 04-45-2005, adopted on April 19, 2005, with regard to Petition 2005-03-08-06 submitted by GLA Surveyors & Engineers, on behalf of Sunset View Site Condominiums, requesting site plan approval in connection with a proposal to construct a condominium development on property located at 30250 Morlock Street, on the west side of Sunset Avenue, between Eight Mile Road and Fargo Avenue in the Northwest 1/4 of Section 2, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES Knapp, Meakin, Godfroid-Marecki, McCann, Robinson and Taylor Regular Meeting of May 25, 2005 39169 NAYS None imp The President declared the resolution duly adopted Ezma Elmazaj, 20218 Sunset, Livonia, spoke to the Council voicing her opposition to the construction of a condominium development in Sunset Subdivision Councilmember Kokenakes returned to the podium at 8 31 p m A communication from Peter and Mary Schietinger, 31705 Seven Mile Road, Livonia, dated May 18, 2005 re their opposition to a proposed lot split at 31659 Seven Mile Road, was received and placed on file for the information of the Council On a motion by Kokenakes, seconded by Knapp, and unanimously adopted, it was CR 268-05 RESOLVED, that having considered a communication from the City Assessor, dated April 22, 2005, approved for submission by the Mayor, with regard to a request from Larry Henney of 38777 Six Mile Road, Suite 108, Livonia, Michigan 48152, on behalf of Jay Douglas, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing Tax Item No 46-037-99-0010- 000 (located at 31659 Seven Mile Road, on the south side of Seven Mile Road, west of Merriman Road) into two (2) parcels since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice On a motion by Godfroid-Marecki, seconded by Meakin, and unanimously adopted, it was CR 269-05 RESOLVED, that having considered the report and recommendation of the Information Systems Director and the Director of Finance, dated May 2, 2005, approved for submission by the Mayor, the Council does hereby accept the bid of Analysts International, 3252 University Drive, Auburn Hills, Michigan 48326, for completing all work necessary in connection with the replacement of the existing Uninterruptible Power System (UPS) (in order to protect the computer room equipment at City Hall from power fluctuations) for the total amount of $21 ,681 00 (net after trade-in), the same having been in fact the lowest bid received which meets specifications, FURTHER, the Council does Regular Meeting of May 25, 2005 39170 hereby authorize an expenditure in the amount of $21,681 00 from funds already budgeted in Account No 101-915-982-000 for this purpose, 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 company and to do all other things necessary or incidental to the full performance of this resolution A communication from the Inspection Department, dated May 5, 2005, re all outstanding issues having been resolved and there being no departmental objection to the transfer of ownership of a 2002 SDD and SDM License relative to Livonia Liquor & Fine Wine, Inc., 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 270-05 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated January 24, 2005, and the report and recommendation of the Chief of Police, dated April 28, 2005, approved for submission by the Director of Public Safety and the Mayor, the Council does hereby approve of the request from Livonia Liquor & Fine Wine, Inc for transfer of ownership of a 2002 SDD and SDM License (in escrow) from the Michael J Vorgitch estate, Kathleen Marie Arden, Personal Representative Testate, for a business located at 38675 Ann Arbor Road, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A new site plan from Tarek Alcodray, dated May 21, 2005, re an addition and renovation of the exterior of a service station at 34901 Ann Arbor Trail, was received and placed on file for the information of the Council (Petition 2005-03-08-05) On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 271-05 RESOLVED, that having considered a communication from the City Planning Commission, dated April 22, 2005, which transmits its resolution 04-44-2005, adopted on April 19, 2005, with regard to Petition 2005-03-08-05 submitted by EDCO Energy, requesting site plan approval 61. in connection with a proposal to construct an addition and renovate the Regular Meeting of May 25, 2005 39171 exterior of the service station located at 34901 Ann Arbor Trail, on the southwest corner of Wayne Road and Ann Arbor Trail in the Southwest 1/4 of Section 33, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation Tarek Alcodray, the petitioner, 34901 Ann Arbor Trail, Livonia, stated that the new site plan that has been submitted addressed the parking requirements, and asked the Council what other concerns there may be regarding his petition A communication from the Department of Public Safety, Division of Police, dated May 20, 2005, re reply to questions of City Council members that were raised at the Study Meeting of May 16, 2005 re the purchase of a CBRNE vehicle, was received and placed on file for the information of the Council On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was CR 272-05 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 20, 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 accept the bid of Sirchie Vehicle Division, 612 Gravelly Hollow Road, P O Box 789, Medford, New Jersey 08055-0789, for providing the Police Department with one CBRNE (Chemical, Biological, Radiological, Nuclear and Explosive) Critical Incident Response Vehicle in the amount of $124,571 00, including delivery, the same having been the lowest and only bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of funds already budgeted in Account No 223-648-987-000 (2) (2004 Homeland Security - Law Enforcement Terrorism Prevention Program [LETPP]) for this purpose On a motion by Godfroid-Marecki, seconded by Knapp, and unanimously adopted, it was CR 273-05 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Delta Gear, Inc , dated April 7, 2005, covering new industrial facilities to be located within City of Livonia Industrial Development District No 97, and Regular Meeting of May 25, 2005 39172 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 Delta Gear, Inc , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Monday, May 9, 2005, 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, Delta Gear, Inc , finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or 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 Delta Gear, Inc covering new industrial facilities to be located within the City of Livonia Industrial Development District No 97 for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a letter of agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process Applications for Industrial Facilities Exemption Certificates Councilmember McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, Regular Meeting of May 25, 2005 39173 KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2005-01-01-01) 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 the next regular meeting Councilmember McCann stepped down from the podium at 8 45 p m to avoid a perceived impropriety On a motion by Meakin, seconded by Godfroid-Marecki, it was CR 274-05 RESOLVED, that having considered a communication from the City Planning Commission, dated April 11, 2005, which sets forth its resolution 04-41-2005 adopted on April 5, 2005, with regard to Petition 2005-01-01-02, submitted by Southeastern Michigan Management Company, for a change of zoning of property located at 27480 and 27486 Five Mile Road, on the north side of Five Mile Road between Inkster Road and Foch Avenue in the Southeast 1/4 of Section 13 from R-1 to R-C, and the Council having conducted a public hearing with regard to this matter on May 9, 2005, the Council does hereby approve Petition 2005-01-01-02 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 No 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki and Taylor NAYS Robinson The President declared the resolution duly adopted Councilmember McCann returned to the podium at 8 47 p m On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was Regular Meeting of May 25, 2005 39174 CR 275-05 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 A communication from the Department of Community Resources, dated May 23, 2005, re an early preliminary report about the estimated costs of Livonia Community Transit without SMART, was received and placed on file for the information of the Council On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was CR 276-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 18, 2005, submitted pursuant to Council Resolution 364-02, in connection with the general issue of SMART, the Council does hereby refer the subject of the preparation of a Needs Assessment and a Cost Analysis for a Livonia Transit System to the Administration for its report and recommendation Patrick O'Neal, 36693 Munger, Livonia, spoke to the Council giving his opinions regarding the SMART issue and the Headlee Override issue On a motion by Meakin, seconded by McCann, and unanimously adopted, this 1 3/th Regular Meeting of the Council of the City of Livonia was adjourned at 9 11 pm , May 25, 2005 Val Vandersloot, City Clerk