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HomeMy WebLinkAboutCOUNCIL MINUTES 2008-10-22 36913 MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETEENTH REGULAR MEETING OF OCTOBER 22, 2008 On October 22, 2008, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8 00 p m Councilman McCann led the meeting with the Pledge of Allegiance Roll was called with the following result: James McCann, Joe Laura, Brian Meakin, Thomas Robinson, Don Knapp, Terry Godfroid-Marecki, and Laura Toy Absent None Elected and appointed officials present: Sean Kavanagh, City Attorney; Kevin Roney, City Engineer (Utilities & Engineering), Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Linda Grimsby, City Clerk, Michael Slater, Director of Finance, and Mayor Jack Kirksey On a motion by Knapp, seconded by Meakin, it was #460-08 RESOLVED that the Minutes of the 1,618th Regular Meeting of the Council held October 8, 2008 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Meakin, Robinson, Knapp, Godfroid-Marecki, and Toy NAYS None PRESENT Laura The President declared the resolution adopted Meakin announced the Livonia Police Officers' Association its annual Fall Harvest Dance which will also be a fundraising event on Saturday, November 1, 2008, from 7 00 p m to 12 midnight at Burton Manor Proceeds from the event will Regular Meeting Minutes of October 22, 2008 36914 be donated to aid the family of a recently injured Livonia Police Officer Tickets for this event are $20 00 each and can be obtained by contained Chris Maiberger at (734) 777-3361 or Councilman Meakin President Toy introduced Wayne County Commissioner Laura Cox who addressed Council to speak about the Parks millage money and indicated the Parks' Budget has been amended so that 25% of the money going into the fund will be going back to the respective communities Commissioner Cox indicated she is hopeful to pass this as an Ordinance so a certain percentage of the money contributed will always go back to the respective communities to be put to use for special projects that would not normally have been funded In addition, Commissioner Cox indicated Wayne County is hosting a Hazardous Waste Day at the Westland DPS Yard on Saturday, November 8, 2008, and indicated all Wayne County residents are invited to participate President Toy announced the Livonia Housing Commission is hosting a celebration to honor the 30th Anniversary of Silver Village on Thursday, October 23, 2008, from 2 00 p m to 5 00 p m There was no Audience Communication at the beginning of the meeting On a motion by Knapp, seconded by Meakin, it was #461-08 RESOLVED, that having considered a letter from Mary Ann Asher, President, Holy Cross Women of the ELCA, dated September 29, 2008, which requests permission to display signs announcing their fifth annual Book and Bake Sale to be conducted on Friday and Saturday, November 14 and 15, 2008, which signs are 18" x 24" in size and will be displayed at various locations in the City, no earlier than Friday, November 7, 2008, and removed no later than Sunday, November 16, 2008, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County A communication from the Eight Mile Boulevard Association, received on October 13, 2008, re recognition of five (5) Livonia businesses who received an 8MBA Beautification Award, was received and placed on file for the information of the Council #462-08 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 25, 2008, and a Regular Meeting Minutes of October 22, 2008 36915 report and recommendation from the Chief of Police, dated September 30, 2008, approved for submission by the Mayor, the Council does hereby approve of the request from RYRY, Inc. for transfer of ownership of a 2008 SDM licensed business from Nissan Kashat, Incorporated, for a business located at 10940 Farmington, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #463-08 RESOLVED, that having considered a communication from the Honorable Robert B Brzezinski, 16th Judicial Court, dated September 30, 2008, requesting approval with respect to the Court's appointment of James Joseph Jolly as Magistrate of the 16th District Court effective October 13, 2008, pursuant to Administrative Order No 1835 and Public Act 16 of the Public Acts of 1976, M C L.A. 600 8501(2), the Council does hereby determine to concur in and approve such appointment in accordance with M C L.A. 600 8501(2), FURTHER, the Council does hereby approve a per annum compensation of $40,000 00 per year for the Magistrate in accordance with M C L.A 600 8521, with the same benefits as extended to other full-time employees #464-08 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated September 17, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of two (2) replacement police vehicles as follows One (1) 2009 Ford Explorer 4X4 Special Service Police Vehicle from Signature Ford, 3942 West Lansing Road, Perry, Michigan 48872, for the amount of $21,854 00, through the Macomb County consortium, One (1) 2009 Ford Police Interceptor Vehicle from Signature Ford, 3942 West Lansing Road, Perry, Michigan 48872, for the amount of $20,255 00, through the Macomb County consortium plus $310 00 for ordering after September 30, 2008, for a total amount of$20,565 00, FURTHER, the amount of $42,419 00 is hereby authorized to be expended from funds already budgeted for this purpose in Account No 101-302-985-000, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low Macomb County consortium bid and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended, Regular Meeting Minutes of October 22, 2008 36916 FURTHER, the Council does hereby authorize the disposal of two (2) surplus City-owned police vehicles (one 2000 Ford Expedition and one 2003 Ford Police Interceptor) at public auction after receipt of the new vehicles #465-08 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 24, 2008, approved for submission by the Mayor, and to which is attached (as Exhibit A) a summary of quotes received for the lease purchase of copy machines for various City departments, the Council does hereby authorize the lease of four (4) copy machines from American Imaging, Inc , 32461 Schoolcraft, Livonia, Michigan 48150, for use by the Housing-CDBG Office, Inspection Department, Law/Mayor's Office, and Newburgh Village, the lease of one (1) copy machine from Canon Business Solutions, Inc , 27005 Hills Tech Court, Farmington Hills, Michigan 48331, for use by the Civic Center Library; and the lease of three (3) copy machines from Ikon Office Solutions, Inc , 26800 Meadowbrook, Novi, Michigan 48377, for use by the Finance Department, Police-Administration and Police-Central Records, for 48- month periods for amounts, items and prices indicated on the aforementioned Exhibit A, at the end of which time title to the copiers will be transferred to the City; FURTHER, the Council does hereby authorize the said action herein without competitive bidding in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #466-08 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated September 26, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission Resolutions 3018-08, 3019-08 and 3020-08, adopted on September 8, 2008, wherein the Commission recommended an increase in various athletic fees per the attached schedule and certain changes in eligibility and registration procedures, the Council does hereby approve the recommended increases in fees and charges as follows Programs Fees T Ball/Coach Pitch $40 00 Resident — Open Registration $50 00 Resident — Late Registration $60 00 Non-Resident — Late Reg Only Girl's Softball $40 00 Resident — Open Registration $50 00 Resident— Late Registration $60 00 Non-Resident— Late Reg Only Regular Meeting Minutes of October 22, 2008 36917 Adult Leagues Fees Men's Slow Pitch Softball $400 00* Women's Slow Pitch Softball $400 00* Coed Slow Pitch Softball $400 00* Men's Modified Softball $400 00* Livonia Collegiate Baseball $700 00* Men's Basketball $400 00* • $30 00 per non-resident fee (capped at $210 00) Field Permits Fees Hourly Standard Field $15 00 Resident $30 00 Non-Resident Premium Field* $20 00 Resident $40 00 Non-Resident Daily Standard Field $50 00 Resident N/A — Non-Resident Premium Field* $65 00 Resident N/A — Non-Resident Season Standard Field $275 00 Resident N/A — Non-Resident Premium Field* $375 00 Resident N/A— Non-Resident *Premium fields are located at Ford Field and Bicentennial Park FURTHER, the Council does hereby approve the changes to the eligibility and registration procedure for Instructional Leagues (T-Ball, Coach Pitch and Girls Softball) as recommended to allow non- residents to register after residents have had the opportunity #467-08 RESOLVED, that having considered the report and recommendation of the City Engineer - Operations, dated September 24, 2008, which bears the signature of the Director of Public Works and the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Sod Solutions, LLC, 14382 Sunbury, Livonia, Michigan 48154, for completing all work required in connection with the removal of trees Regular Meeting Minutes of October 22, 2008 36918 and stumps from City park sites for an estimated total cost of $30,795 00, said estimated cost and unit prices having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $30,795 00 from funds already budgeted in Account No 205- 527-882-060 (Municipal Refuse Fund) for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #468-08 RESOLVED, that having considered the report and recommendation of the City Engineer - Operations, dated September 22, 2008, which bears the signature of the Director of Public Works and the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Usztan, L L C, 261 Collier Road, Auburn Hills, Michigan 48326, for completing all work required in connection with the construction of DPW Service Yard Truck Canopy Shelters in an amount not to exceed $109,000 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the total amount of $109,000 00 ($58,815 00 from Account No 101-463-974-000 and $50,185 00 from Account No 401- 000-974-000) from funds already budgeted for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #469-08 RESOLVED, that having considered a communication from the Superintendent of Public Works, dated October 3, 2008, as well a subsequent communication dated October 6, 2008, which bear the signature of the Director of Finance and are approved for submission by the Mayor, the Council does hereby authorize Nagle Paving Company, 39525 W 13 Mile Road, Suite 300, Novi, Michigan 48377, Stante Excavating, Inc. (B&V Construction, Inc ), 7440 Salem Road, Northville, Michigan 48168, Joe Rotondo Construction Corp , 20771 Randall, Farmington Hills, Michigan 48336, and Six-S, Inc , 2210 Scott Lake Road, Suite 1, Waterford, Michigan 48377, to provide snow removal services for City streets during the 2008-2009 snow season for snowfalls of over four (4) inches in accumulation and as authorized by the Mayor, pursuant to the terms stated in the attached Regular Meeting Minutes of October 22, 2008 36919 proposals dated September 15, 2008 (Nagle Paving Co ), September 16, 2008 (Stante Excavating, Inc ), September 24, 2008 (Joe Rotondo Construction Corp ) and October 3, 2008 (Six-S, Inc.), FURTHER, the Council does hereby authorize said action without competitive bidding in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #470-08 RESOLVED, that having considered the report and recommendation of the City Engineer - Operations, dated September 25, 2008, which bears the signature of the Director of Public Works and the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) Toro Grounds Master 2505-U (for Parks Maintenance Division) from Spartan Distributors, 487 W Division Street, Sparta, Michigan 49345, for a net price of $26,446 80, based on a total price of $27,946 80 less trade-in of $1,500 00, and one (1) Toro Zero Turn Mower (for Parks Maintenance Division) from Commercial Lawnmower, 32098 Plymouth Road, Livonia, Michigan 48150, for a net price of $8,789 00, based on a total price of $9,789 00 less trade-in of $1,000 00, the same to be expended from funds already budgeted for this purpose in Account No 401-000-987-000 (Capital Outlay — Parks Maintenance Section), FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 0716000724), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #471-08 RESOLVED, that having considered the report and recommendation of the City Engineer - Operations, dated September 25, 2008, which bears the signature of the Director of Public Works, the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of seven (7) 2009 Ford Ranger Supercabs (for Department of Public Works) in the amount of $14,484 00 each, for a total of $101,388 00, the same to be expended from funds already budgeted for this purpose in Account No 401-000-985-000 (Capital Outlay), and one (1) 3/4 ton 2009 Cargo Van (for Building Maintenance Section) in the total amount of $15,465 00, the same to be expended from funds already budgeted for this purpose in Account No 401-000-985-000 (Capital Outlay — Building Maintenance), from Gorno Ford, 22025 Allen Road, Woodhaven, Michigan 48183, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 07168200138 for the Rangers, and Contract No Regular Meeting Minutes of October 22, 2008 36920 07B620079 for the Van) and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #472-08 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 1, 2008, which bears the signature of the Director of Public Works and is approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system as part of the development of the C B Estates Site Condominium development, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the east side of Harrison Avenue, north of Lyndon Avenue, in the North 1/2 of Section 24 (See attached maintenance agreement from the owner, Soave Building Company, indicating their willingness to reimburse the City for any such maintenance that may become necessary), 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction, 3 To authorize the Mayor to execute the maintenance agreement on behalf of the City #473-08 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 1 , 2008, which bears the signature of the Director of Public Works and is approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system as part of the development of the Churchill Manor Site Condominium development, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the west side of Newburgh Road, north of Joy Road, in the Southeast IA of Section 31 (See attached maintenance agreement from the owner, Leo Soave Building Company, indicating their willingness to Regular Meeting Minutes of October 22, 2008 36921 reimburse the City for any such maintenance that may become necessary), 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction, 3 To authorize the Mayor to execute the maintenance agreement on behalf of the City #474-08 RESOLVED, that having considered a communication dated September 24, 2008, from the City Planning Commission, which transmits its resolution 09-81-2008 adopted on September 23, 2008, with regard to Petition 2008-08-02-25, submitted by Luigi's Pizza & Subs requesting waiver use approval to utilize a Class C liquor license in connection with a full service restaurant (Luigi's Pizza & Subs) located on the north side of Plymouth Road, between Merriman Road and Hubbard Avenue (31530 Plymouth Road), in the Southeast 1/4 of Section 27, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2008-08-02-25 is hereby approved and granted, subject to the following conditions 1 That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council, 2 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, 3 That this approval shall incorporate all of the stipulations contained in the correspondence dated September 11, 2008 from the Inspection Department; 4 That alcohol sales shall be permitted only between the hours of 10 00 a m and 11 00 p m seven (7) days per week, 5 That all conditions imposed under Council Resolution #134-01, which granted waiver use approval to operate a full service restaurant with a maximum seating capacity of 78 seats at this location, shall remain in effect to the extent that they are not in conflict with this approval, and 6 That a conditional agreement shall be executed limiting this waiver use to this user only, with the provision to extend this Regular Meeting Minutes of October 22, 2008 36922 waiver use approval to a new user only upon approval of the new user by the City Council and the Michigan Liquor Control Commission FURTHER, the Council hereby waives the 1,000 foot separation requirement as set forth in Section 11 03(h)(1) of Zoning Ordinance 543, as amended #475-08 RESOLVED, that having considered a communication dated September 25, 2008, from the City Planning Commission, which transmits its resolution 09-82-2008 adopted on September 23, 2008, with regard to Petition 2008-08-02-27, submitted by RJ Foods Inc., requesting waiver use approval to operate a full service restaurant (Subway Sandwich Shop) on property located on the southeast corner of Plymouth Road and Stark Road (34395 Plymouth Road), in the Northwest 1/4 of Section 33, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2008-08-02-27 is hereby approved and granted, subject to the following conditions 1 That the maximum customer seating count shall not exceed 35 seats in accordance with the Floor Plan marked Sheet 1 of 3 submitted by Subway World Headquarters, dated July 24, 2008, 2 That the petitioner shall comply with the following stipulation in the correspondence dated September 11, 2008, from the Inspection Department; That petitioner's proposal is a change in use This will require that the proposed space must conform to all current barrier free codes, building codes and all mechanical codes and standards 3 That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council, 4 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, and 5 That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the building permits Regular Meeting Minutes of October 22, 2008 36923 #476-08 RESOLVED, that having considered a communication from the City Planning Commission, dated October 8, 2008, which transmits its resolution 10-89-2008, adopted on October 7, 2008, with regard to Petition 2008-09-08-11 submitted by McLaren Performance Technologies, requesting site plan approval in connection with the construction of an addition to the industrial buildings located on the south side of Eight Mile Road, between Merriman Road and Hubbard Road (32205 Eight Mile Road, in the Northeast 1/4 of Section 3, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2008-09-08-11 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet No SPA-1 dated September 23, 2008, as revised, prepared by Merritt McPherson Cieslak, is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plan marked Sheet 4 dated July 31, 2008, as revised, prepared by Anthony Pucci Architect, is hereby approved and shall be adhered to, 3 That the brick used in the construction shall be full face four (4") inch brick, 4 That the petitioner shall correct to the Fire Department's satisfaction the stipulations contained in the correspondence dated September 30, 2008, 5 That landscaping shall be added to the site at the direction of the Planning Department; 6 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 7 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period #477-08 RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 2, 2008, approved for submission by the Mayor, submitted pursuant to Council Resolution 232-08, in connection with a proposed amendment to the Regular Meeting Minutes of October 22, 2008 36924 Zoning Ordinance to set forth a separation requirement between check cashing stores and SDD/SDM licensed stores, the Council does hereby concur in the recommendation of the Department of Law and does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City Ordinance A roll call vote was taken on the foregoing resolutions with the following result: AYES McCann, Laura, Meakin, Robinson, Knapp, Godfroid- Marecki, and Toy NAYS None Knapp provided a verbal update regarding the proposed Budget for the City for the fiscal year ending November 30, 2009, and the property tax millage proposed to be levied in support of the proposed Budget. (CR 281-08 and 282-08) A communication from the Department of Finance, dated October 15, 2008, re historical cost of overtime as a percentage of base wages, was received and placed on file for the information of the Council The Preliminary 2008-2009 Fiscal Year Budget was received and placed on file for the information of the Council A communication from the Livonia Chamber of Commerce, dated September 22, 2008, re participation in the Livonia Community Marketing Consortium and volunteer efforts to market Livonia, was received and placed on file for the information of the Council A communication from the Department of Community Resources, dated September 22, 2008, re request for new Recreation Supervisor position at the Civic Park Senior Center, was received and placed on file for the information of the Council Regular Meeting Minutes of October 22, 2008 36925 On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was #478-08 RESOLVED, that the Council hereby determines that the Annual Budget for the fiscal year as submitted by the Mayor for the next fiscal year commencing December 1, 2008, and ending November 30, 2009, as shown in the Budget Document in Section I, submitted by the Mayor to the Council on September 15, 2008, pursuant to Section 3, Chapter VII of the City Charter, be and hereby is determined and adopted with the revisions as set forth in the communication from the Director of Finance, dated September 29, 2008, approved for submission by the Mayor, provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative reporting purposes, and Council approval is required for any modification to the amounts shown in Section I, and that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 6, 2008, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on September 21, 2008, and provided further that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the Minutes of this meeting On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was #479-08 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 0447 mills, of the taxable valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 2008, and ending November 30, 2009, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia (a) The Council does hereby establish a tax levy of 8088 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, Regular Meeting Minutes of October 22, 2008 36926 (b) The Council does hereby establish a tax levy of 1 2134 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (c) The Council does hereby establish a tax levy of 8088 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for library services, supplies and facilities in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (d) The Council does hereby establish a tax levy of 0100 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia, in addition to the amount which is authorized to be levied for general municipal purposes, (e) The Council does hereby establish a tax levy of 1 8767 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 298 of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (f) The Council does hereby establish a tax levy of 4979 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling REVISED Regular Meeting Minutes of October 22, 2008 36927 and yard waste composting programs, in addition to the amount authorized to be levied for general municipal purposes, (g) The Council does hereby establish a tax levy of 7855 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for a community recreation center, recreation personnel, equipment, supplies, facilities and operations, in addition to the amount authorized to be levied for general municipal purposes, (h) The Council does hereby establish a tax levy of 8893 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees in the City of Livonia, in addition to the amount to be levied for general municipal purposes, (i) The Council does hereby establish a tax levy of 5000 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for the City's community transit program and capital improvements within the City of Livonia, in addition to the amount to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2008-05-01-02) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The REVISED Regular Meeting Minutes of October 22, 2008 36928 above Ordinance was placed on the table for consideration at an upcoming regular meeting McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OFLIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2008-06-01-03) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting A communication from the Department of Law, dated October 16, 2008, re proposed Amendment to Zoning Ordinance No 543, was received and placed on file for the information of the Council (Petition 2008-06-01-04) Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 26 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2008-06-01-04) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting Regular Meeting Minutes of October 22, 2008 36929 A communication from the Planning Department, dated October 15, 2008, re parking available on site for property at 37500 West Seven Mile Road, was received and placed on file for the information of the Council On a motion by Godfroid-Marecki, seconded by Knapp, and unanimously adopted, it was #480-08 RESOLVED, that having considered a letter from Eric Zylinski, Apple Crest Properties, L L C , dated October 6, 2008, requesting a waiver of the sidewalk requirement in front of a newly- constructed office building located at 37500 West Seven Mile Road, and having further considered the report and recommendation of the City Engineer, dated October 7, 2008, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date Eric Zylinski, 32460 Schoolcraft, Livonia, was present on behalf of Apple Crest Properties, L L C , to answer any questions of Council On a motion by Meakin, seconded by McCann, and unanimously adopted, it was #481-08 RESOLVED, that having considered a communication from Scott Gibson, Car Pro Auto and Truck Services, received in the Office of the City Clerk on October 7, 2008, the Council does hereby amend and revise Council Resolution 420-08 so as to read as follows RESOLVED, that having considered a communication from the City Planning Commission, dated September 2, 2008, which transmits its resolution 08-73-2008, adopted on August 26, 2008, with regard to Petition 2008-07-02-23, submitted by Car Pro Auto and Truck Services requesting waiver use approval to operate an automobile and truck repair facility on property located on the north side of Industrial Road between Merriman Road and Middlebelt Road (30832 Industrial Road), in the Northwest 1/4 of Section 26, which property is zoned M-1, and pursuant to Council Resolution 420-08, which received Council Regular Meeting Minutes of October 22, 2008 36930 approval on September 24, 2008, the Council does hereby determine to take no further action with regard to this matter since the Petitioner has formally withdrawn its request by letter received on October 7, 2008 On a motion by Godfroid-Marecki, seconded by McCann, and unanimously adopted, it was #482-08 RESOLVED, that having considered the report and recommendation of the Planning Department — Cell Tower Committee, dated October 8, 2008, approved for submission by the Mayor, submitted pursuant to Council Resolution 431-08, in connection with Petition 2008-08-02-26 submitted by Verizon Wireless to construct a cell tower on City-owned property (Fairway Park adjacent to Idyl Wyld Golf Course), the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City Ordinance On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was #483-08 WHEREAS, the City Clerk has received an application for Industrial Facilities Exemption Certificate from Ford Motor Company, dated June 11, 2008, covering new industrial facilities to be located within City of Livonia Industrial Development District No 1, WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said application has been received, and WHEREAS, the City Council has afforded Ford Motor Company, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this application and said hearing having in fact been conducted at 7 00 p m , Monday, September 29, 2008, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Ford Motor Company, finds and determines (a) that the granting of this Industrial Facilities Exemption Certificate shall not have the effect of substantially impeding the Regular Meeting Minutes of October 22, 2008 36931 operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the application for Industrial Facilities Exemption Certificate from Ford Motor Company covering new industrial facilities to be located within the City of Livonia Industrial Development District No 1, for 12 years after a two (2) year construction period 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City Council upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facilities Exemption Certificates On a motion by McCann, seconded by Meakin, and unanimously adopted, it was #484-08 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 5, 2008, on all matters required by Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on September 29, 2008, after due notice as required by Section 3 08 070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) Accept and approve said statement in all respects, (2) Determine to make the improvement consisting of the installation of 100-watt high pressure sodium street lights with colonial luminaries with underground wiring in the Churchill Manor Site Condominiums, located west of Newburgh Road between Ann Arbor Trail and Joy Road in the Southeast 1/4 of Section 31, City of Livonia, Wayne County, Michigan, as described in said statement; Regular Meeting Minutes of October 22, 2008 36932 and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) Approve the plans and specifications for said improvement as set forth in said statement dated August 5, 2008, (4) Determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) Determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) Designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Lots 1 to 31, both inclusive, of the Churchill Manor Site Condominiums, as recorded in the Wayne County Condo Plan #902, Liber 44234, Pages 74-100, Wayne County Records, said development being part of the S E % of Section 31, T1S , R9E , City of Livonia, Wayne County, Michigan (7) Direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated August 5, 2008, and (8) That upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances On a motion by Knapp, seconded by Godfroid-Marecki, it was RESOLVED, that in connection with determining necessity for the proposed special assessment street lighting project for the Churchill Regular Meeting Minutes of October 22, 2008 36933 Manor Site Condominiums, the Council does hereby refer the subject of contacting Detroit Edison regarding led lights to the Engineering Division for its report and recommendation Knapp and Godfroid-Marecki withdrew their motions on the foregoing resolution On a motion by Godfroid-Marecki, seconded by Meakin, and unanimously adopted, it was #485-08 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Admiral Tool & Manufacturing Co of Michigan, dated September 10, 2008, covering new industrial facilities to be located within City of Livonia Industrial Development District No 77, WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Admiral Tool & Manufacturing Co of Michigan, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7.00 p m , Monday, October 13, 2008, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Admiral Tool & Manufacturing Co of Michigan, finds and determines (a) that the granting of this Industrial Facilities Exemption Certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Admiral Tool & Manufacturing Co of Michigan covering new industrial facilities Regular Meeting Minutes of October 22, 2008 36934 to be located within the City of Livonia Industrial Development 3 District No 77, for 12 years That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City Council upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facilities Exemption Certificates There was no Audience Communication at the end of the meeting Meakin wished his wife, Colleen, a Happy 15th Anniversary On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, this 1,619th Regular Meeting of the Council of the City of Livonia was adjourned at 9 02 p m . A , / 4_ Linda Grimsby, City Clerk, r