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HomeMy WebLinkAboutCOUNCIL MINUTES 2003-10-08 34291 MINUTES OF THE ONE THOUSAND FOUR HUNDRED NINETY-EIGHTH REGULAR MEETING OF OCTOBER 8, 2003 On October 8, 2003, 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 Laura delivered the invocation Roll was called with the following result: Joe Laura, Maureen Miller Brosnan, Donald Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor and Jack Engebretson Absent - None Elected and appointed officials present Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Jeff Bryant, Director of Economic Development and Robert Beckley, Director of Public Works On a motion by Taylor, seconded by Dolan, it was CR 511-03 RESOLVED, that the minutes of the 1,497th Regular Meeting of the Council held September 24, 2003, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Knapp, Vandersloot, Dolan, Taylor, and Engebretson NAYS None PRESENT Brosnan During the audience communication portion of the agenda, Linda Fry, 15920 Brentwood, Livonia, 48154, spoke to Council requesting permission to display signs advertising the Roosevelt Elementary PTA craft show to be held on October 18, 2003 On a motion by Brosnan, seconded by Knapp, and unanimously adopted, 34292 Regular Meeting of October 8, 2003 it was CR 512-03 RESOLVED, that having considered a letter from Linda S Fry, representing Roosevelt Elementary PTA, dated October 3, 2003, which requests permission to place 2' x 1' signs advertising a craft show to be conducted at Roosevelt Elementary School on Saturday, October 18, 2003, which signs are to be installed no earlier than Sunday, October 12, 2003, and removed no later than Sunday, October 19, 2003, at various locations in the City, the Council does hereby grant and approve this request in the manner and form herein submitted A communication from the Department of Finance, dated September 22, 2003, re forwarding various financial statements of the City of Livonia for the month ending August 31, 2003, was received and placed on file for the information of the Council Council President Engebretson announced the following items that will be scheduled for Public Hearings to be held on Monday, November 17, 2003 at 7 00 P M in the auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI 1 Petition 2003-07-01-13 submitted by Eric D Zylinski, on behalf of Apple Crest Dental P L.0 , requesting to rezone property located a 37500 Seven Mile Road located on the north side of Seven Mile Road between Bethany Road and Victor Parkway in the S E 1/4 of Section 6 from RUFC to OS 2 Petition 2003-08-01-14 submitted by Narcisa and Emanuel Dan requesting to rezone property located on the north side of Schoolcraft Road between Farmington and Brookfield Roads in the S W Y4 of Section 22 from RUF to R-1 3 Petition 2003-06-06-04 submitted by the City Planning Commission, pursuant to C R #312-03, and pursuant to Section 23 01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 18 50 of Article XVIII of the Livonia Zoning Ordinance No 543, as amended, in order to make various changes to the Sign Ordinance 4. Petition 2003-07-06-05 submitted by the City Planning Commission, pursuant to C R #339-03, and pursuant to Section 23 01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not amend Section 18 06 of Article XVIII (Nonconforming Lots) of the Livonia tato Zoning Ordinance No 543, as amended, to define "Clear Majority" at a specific Regular Meeting of October 8, 2003 34293 percentage as it relates to certain circumstances under which property owners can build on nonconforming lots without Zoning Board of Appeals or City Council approval 5. Petition 2003-07-06-06 submitted by the City Planning Commission, pursuant to C R. #340-03, and pursuant to Section 23 01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 20 05 (b) and (c) of Article XX of the Livonia Zoning Ordinance No 543, as amended, to require that approval of the Master Deed must be obtained prior to the establishment of improvement bonds in connection with cluster housing projects On a motion by Brosnan, seconded by Vandersloot, it was RESOLUTION TO SUPPORT REINSTATEMENT OF LICENSING FOR LOW POWER FM RADIO STATIONS CR 513-03 WHEREAS, nationally, a movement has emerged to advocate the reinstatement of low power, lower cost FM radio stations, this movement resulted in a response by the FCC in January 2000 wherein Low Power FM (LPFM) radio service was created, WHEREAS, in December 2000, Congress, under intense pressure from corporate broadcasters, passed the Radio Broadcasting Preservation Act, which severely curtailed the new LPFM service, with the result that 80% of opportunities for new stations were lost, WHEREAS, urban areas were particularly affected by the Act, with the result that, of the fifty largest American cities, only one now qualifies to receive an LPFM license, WHEREAS, this situation is particularly egregious because the service is particularly well-suited for densely populated urban areas, in which an LPFM station's small signal can reach a large amount of people, WHEREAS, in July 2003, the FCC released an independent study commissioned by Congress to determine whether LPFM stations interfere with existing broadcasters, WHEREAS, the authors of the study, engineers at the MITRE Corporation, not only found that LPFM stations cause no significant interference to existing stations, they also recommended that the LPFM service be restored to the form originally given it by the FCC, 34294 Regular Meeting of October 8, 2003 WHEREAS, restoring the service to its original form would mean that thousands more community groups across the country - including in our cities - would have access to the airwaves, NOW THEREFORE BE IT RESOLVED, that the Livonia City Council urges Congress to give the FCC authority to restore the LPFM service to its original mandate, and to do all within its power to ensure that license applications are processed quickly, and that citizens are given the opportunity to access the public airwaves, BE IT FURTHER RESOLVED that copies of this resolution be sent to the Federal Communications Commission, the entire Michigan Congressional delegation and the City's lobbyist, Karoub and Associates CR 514-03 RESOLVED, by the City Council of the City of Livonia, that the annual Holiday Parade be, and hereby is approved for Saturday, November 22, 2003, beginning at 8 30 a m , and the Michigan Department of Transportation (MDOT) is hereby requested to allow the City of Livonia to close Plymouth Road from Merriman Road to Middlebelt Road between the hours of 8 30 a m and 12 00 noon or until the road is returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure as to the State of Michigan only; and that Sgt. Wesley McKee is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia, further, the City Clerk is hereby requested to forward a certified copy of this resolution to Sgt. Wesley McKee in order to be included with the permit application to the Michigan Department of Transportation CR 515-03 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated September 19, 2003, 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 replacement weapons consisting of 218 Sig Sauer Model P226R 40 caliber pistols at a net cost (after trade-in) of $100 00 per unit and 56 Sig Sauer Model 239 40 caliber pistols at a net cost (after trade-in) of$125 00 per gun for the Police Department from SigArms Inc , 947 East Johnstown, Suite 125, Gahanna, Ohio 43230, for the total amount of $33,000 00, the same to be appropriated and expended from Account No 265-334-987-000 (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 communication, and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 516-03 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 1, 2003, and a report 34295 Regular Meeting of October 8, 2003 and recommendation of the Chief of Police, dated September 19, 2003, in connection therewith, the Council does hereby approve of the request from Lone Star Steakhouse & Saloon of Michigan, Inc to transfer all stock in a 2003 Class C licensed business by dropping Lone Star Steakhouse & Saloon, Inc. as stockholder through transfer of their 100 shares of stock to new stockholder, Lone Star Finance, Inc. for a business located at 19333 Victor Parkway, 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 517-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated September 10, 2003, 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 Aramark Uniform Service, 30700 Wixom Road, Wixom, Michigan 48393, to provide fitness towel service for the Livonia Community Recreation Center for a two year period in the amount of $42,000 00 per year, the same having been in fact the lowest bid submitted and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $42,000 00 per year from funds already budgeted in Account No 208-755-818-020 (Recreation Center Contractual Services) 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 bidder and to do all other things necessary or incidental to the full performance of this resolution CR 518-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated September 17, 2003, 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 food for resale at the concession stand at the Livonia Community Recreation Center from Sysco Food Service Company, 41600 Van Born Road, Canton, Michigan 48188 and Gordon Food Service, 29150 Six Mile Road, Livonia, Michigan 48154, the same to be expended from funds already budgeted in Account No 208-755-750- 000 for this purpose, FURTHER, the proceeds from such sales shall be credited to Account No 208-000-642-045, FURTHER, the Council does hereby authorize the purchase of food for resale without competitive bidding and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 519-03 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated September 9, 2003, 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 Tennant Sales and Service 34296 Regular Meeting of October 8, 2003 Company, 701 North Lilac Drive, Minneapolis, Minnesota 55422, for supplying the Public Service Division (Road Maintenance Section) with one (1) four-wheel street sweeper with high lift dump for a total price of $176,119 31, the same having been in fact the lowest bid received which meets all specifications, FURTHER, the Council does hereby authorize the expenditure of $170,000 00 already budgeted in the Municipal Refuse Fund (Capital Outlay - Vehicles) and does hereby authorize an additional appropriation and expenditure in the amount of $6,119 31 from the Unexpended Fund Balance of the Municipal Refuse fund for this purpose, and the bid(s) of Bell Equipment Company and Burke Equipment Company are hereby rejected for the reasons indicated in the attachment. CR 520-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated September 8, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the donation from Quicken Loans, Inc , 20555 Victor Parkway, Livonia, Michigan 48152 in the amount of $8,050 00 in connection with the installation of new two inch (2") gravel on the existing gravel parking lots at Greenmead, such funds to be paid to Hayball Transport, Inc , 12550 Farmington Road, Livonia, Michigan 48150 for this purpose, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $8,050 00 from such donated funds for this purpose CR 521-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated September 4, 2003, approved for submission by the Mayor, and pursuant to the requirement set forth in Council Resolution 429-02 wherein the approval of the proposed combination and division of Tax Item Nos 46-076-01-0069-000, 46-076-01-0070-000 and 46-076-01- 0071-000 into seven (7) parcels was contingent upon the posting of bonds sufficient to insure the construction of roads, sanitary sewers, water mains and storm sewers in connection with the development of these parcels (Scone Court Lot Split Development), the City Council does hereby establish the following requirements (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, and the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such Department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the 34297 Regular Meeting of October 8, 2003 approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said ordinance provisions, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in such ordinance provisions, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved Development Plans, (5) That as a condition of obtaining approval of the lot split prior to the completion of all required improvements, the proprietor shall file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period in the following amounts a. General Improvement Bond $184,000 00, of which at least $10,000 00 shall be in cash b Sidewalk Bond $22,000 00 of which at least $5,000 00 shall be in cash c. Grade & Soil Erosion Control Bond $1,800 00 shall be in cash and require cash payments in addition to the above amounts, in the total amount of $22,775 00 (6) That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this development; and 34298 Regular Meeting of October 8, 2003 (7) That the distribution lines for telephone and electric service are to be placed underground and ornamental streetlights are to be provided throughout the development in accordance with City ordinances CR 522-03 RESOLVED, that having considered the report and recommendation of the Department of Law, dated September 15, 2003, approved for submission by the Mayor, submitted pursuant to Council Resolution 487-00 in connection with a proposed amendment to Section 060 of Title 5, Chapter 33 (Garage, Yard, Basement and Rummage Sales) of the Livonia Code of Ordinances, as amended, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolutions with the following result. AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None A copy of a newsletter from the National Certification Board for Therapeutic Massage and Bodywork, received at the Legislative Committee Meeting of September 23, 2003, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 523-03 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 23, 2003, submitted pursuant to Council Resolution 294-03, in connection with a request for a proposed amendment to Zoning Ordinance No 543, as amended, to allow myomassologists (massage therapists) to either open their own office, to work in health clubs, hair salons, day spas, for corporate chair massages, or in a YMCA facility within City limits, the Council does hereby refer this matter to the Department of Law to prepare the appropriate ordinance amendment to Zoning Ordinance No 543, as amended, after reviewing how this subject is regulated in other communities and reviewing the proposed new State law, for submission to Council, FURTHER, the Council hereby requests that any proposed ordinance amendment include a requirement for national certification and liability insurance coverage 34299 Regular Meeting of October 8, 2003 Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 30 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 2003-02-01-10) 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 second reading on the above Ordinance will be held in abeyance A communication from the Engineering Division, dated September 26, 2003, re a drainage study done in the vicinity of 36025 Ann Arbor Trail, relative to rezoning Petition 2003-03-01-11 submitted by Michael Fant, was received and placed on file for the information of the Council (CR 489-03) Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2003-03-01-11) 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 Knapp took from the table, for second reading and adoption, the following Ordinance 34300 Regular Meeting of October 8, 2003 AN ORDINANCE AMENDING SECTION 010 OF TITLE 1, CHAPTER 12 (GENERAL PENALTY) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 524-03 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 1 94 acres lying in the North 1/2 of Section 28, 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 91", and WHEREAS, written notice has been given by certified mail to NuCon Corporation 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 91, 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 91, and WHEREAS, on September 15, 2003, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 91, at which time NuCon Corporation 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 NuCon Corporation 34301 Regular Meeting of October 8, 2003 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 91 " EXHIBIT A The East 224 26 feet of the West 444 30 feet of Lot 809, except the South 20 feet thereof deeded to City of Livonia for road, Supervisor's Livonia Plat No 14, of part of the North 1/2 of Section 28, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as recorded in Liber 70 of Plats, Page 69 of Wayne County Records The West 220 feet of Lot 809 of "Supervisor's Livonia Plat No 14" of part of the North 1/2 of Section 28, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan according to the plat thereof as recorded in Liber 70 of plats on page 69, Wayne County records, except the South 20 feet thereof, deeded to the City of Livonia for road purposes On a motion by Knapp, seconded by Taylor, and unanimously adopted, it was. CR 525-03 RESOLVED, that having considered a communication from the City Planning Commission, dated March 13, 2003, which sets forth its resolution 03-34-2003 adopted on March 11, 2003, with regard to Petition 2003-01-01-05, submitted by Ronald Parz, on behalf of K P Builders, for a change of zoning of property located at 35300 Joy Road, on the north side of Joy Road between Wayne Road and Harvey Avenue in the Southwest 1/4 of Section 33, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on September 17, 2003, pursuant to Council Resolution 373-03, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A communication from the Department of Law, dated September 30, 2003, re proposed Amendment to Section 19 06 of Article XIX of Ordinance No 543, 34302 Regular Meeting of October 8, 2003 as amended, was received and placed on file for the information of the Council (Petition 2003-01-06-01) Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 19 06 OF ARTICLE XIX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-01-06-01) 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 A Tax Exemption Duration Chart for Industrial Facilities (P.A. 198), as prepared by the Economic Development Director, dated 1/2002, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Vandersloot, and unanimously adopted, it was. CR 526-03 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Comerica Incorporated, dated August 1, 2003, covering new industrial facilities to be located within City of Livonia Industrial Development District No 89, and 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 Comerica Incorporated, 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 , Wednesday, October 1, 2003, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 34303 Regular Meeting of October 8, 2003 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, Comerica Incorporated, 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, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Comerica Incorporated covering new industrial facilities to be located within the City of Livonia Industrial Development District No 89 for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facilities exemption certificates A Tax Exemption Duration Chart for Industrial Facilities (P.A 198), as prepared by the Economic Development Director, dated 1/2002, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 527-03 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from The Observer & Eccentric Newspapers, Inc , dated August 6, 2003, covering new industrial facilities to be located within City of Livonia Industrial Development District No 88, and 34304 Regular Meeting of October 8, 2003 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 amp 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 The Observer & Eccentric Newspapers, 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 , Wednesday, October 1, 2003, 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, The Observer & Eccentric Newspapers, 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 The Observer & Eccentric Newspapers, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 88 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 34305 Regular Meeting of October 8, 2003 A Tax Exemption Duration Chart for Industrial Facilities (P.A. 198), as prepared by the Economic Development Director, dated 1/2002, was received and placed on file for the information of the Council On a motion by Dolan, seconded by Knapp, and unanimously adopted, it was CR 528-03 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from ElringKlinger Sealing Systems (USA), Inc., dated August 14, 2003, covering new industrial facilities to be located within City of Livonia Industrial Development District No 62, and 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 ElringKlinger Sealing Systems (USA), 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 , Wednesday, October 1, 2003, 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, ElringKlinger Sealing Systems (USA), 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 ElringKlinger Sealing Systems 34306 Regular Meeting of October 8, 2003 (USA), Inc covering new industrial facilities to be located within the City of Livonia Industrial Development District No 62 for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facilities exemption certificates A Tax Exemption Duration Chart for Industrial Facilities (P A. 198), as prepared by the Economic Development Director, dated 1/2002, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Dolan, and unanimously adopted, it was CR 529-03 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from 34000 Plymouth Road, LLC, dated August 11, 2003, covering new industrial facilities to be located within City of Livonia Industrial Development District No 90, and 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 34000 Plymouth Road, LLC, 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 , Wednesday, October 1, 2003, 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, 34000 Plymouth Road, LLC, finds and determines 34307 Regular Meeting of October 8, 2003 (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 34000 Plymouth Road, LLC covering new industrial facilities to be located within the City of Livonia Industrial Development District No 90 for 9 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 On a motion by Knapp, seconded by Brosnan, and unanimously adopted, it was CR 530-03 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 17, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation of Farmer Jack Food Certificates in the total amount of $600 00 from the Kiwanis Early Risers to the Community Resources Department to be used as indicated in the aforesaid communication On a motion by Vandersloot, seconded by Dolan, and unanimously adopted, it was CR 531-03 RESOLVED, that having considered a communication from the Chief of Police, dated September 24, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a donation from Community Choice Credit Union of one 36" reflective ilw 34308 Regular Meeting of October 8, 2003 warning sign valued at $289 10 for the Strategic Traffic Accident Reduction (S T.A.R.) Program On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 532-03 RESOLVED, that having considered a communication from the Director of Finance, dated September 23, 2003, approved for submission by the Mayor, regarding the renewal options for the City's Liability and Property Insurance Coverage, the Council does hereby refer this item to the Finance, Insurance and Budget Committee for its report and recommendation On a motion by Knapp, seconded by Brosnan, it was CR 533-03 RESOLVED, that having considered a communication from the Department of Law, dated September 25, 2003, 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, Wesley Klem v City of Livonia d/b/a Whispering Willows Golf Course A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the resolution duly adopted On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was CR 534-03 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 Brosnan, seconded by Dolan, and unanimously adopted, it was CR 535-03 RESOLVED, that having considered the report and lbw recommendation of the Director of Public Works, dated October 8, 2003, Regular Meeting of October 8, 2003 34309 which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a correspondence dated October 7, 2003, from Victoria Holland, Wayne County Engineer of Traffic, in connection with the traffic signal upgrades for Five Mile and Merriman Roads and Six Mile and Merriman Roads, previously approved in Council Resolutions 262-03 and 263-03, respectively, the Council does hereby authorize the Director of Public Works to purchase all of the non-standard equipment from Carrier & Gable, Inc , 24110 Research Drive, Farmington, Michigan 48335 for an Uninterruptible Power Source (UPD) and Light Emitting Diode (LED) Signal Heads for these signals as recommended by the County of Wayne in the aforesaid communication, FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $33,040 00 from the Major Road Fund Unexpended Fund Balance for this purpose, with the understanding that such costs shall be deducted from the City's cost share pursuant to the Traffic Signal Agreements previously authorized by the Council, FURTHER, 'the Council does hereby authorize the purchase of said items 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 forward a certified copy of this resolution to Victoria Holland, Wayne County Engineer of Traffic Councilmember Vandersloot wished a "Happy Birthday" to Planning Director Mark Taormina, who celebrated his birthday on October 2, and also to Bonnie asw Johnson, Technical Specialist in the City Council office, who celebrated her birthday on October 6 On a motion by Brosnan, seconded by Knapp, and unanimously adopted, this 1,498th Regular Meeting of the Council of the City of Livonia was adjourned at 8 35 p m , October 8, 2003 (49-arL ) i J1L Jan McCotter, City Clerk