HomeMy WebLinkAboutCOUNCIL MINUTES 2007-12-05 36530
MINUTES OF THE ONE THOUSAND FIVE HUNDRED
NINETY EIGHTH REGULAR MEETING OF DECEMBER 5, 2007
On December 5, 2007, 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 pt 8 00 p m Vice President Knapp led the meeting with the
invocation
Roll was called with the following result: Don Knapp, Brian Meakin,
Terry Godfroid-Marecki, Thomas Robinson, Gerald Taylor, and James McCann
Absent: Joe Laura, who was serving the City in another capacity
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; and Val Vandersloot, City Clerk.
On a motion by Taylor, seconded by Knapp, and unanimously
adopted, it was
#584-07 RESOLVED that the Minutes of the 1,597th Regular
Meeting of the Council held November 26, 2007 are hereby approved
as submitted
There was no audience communication at the beginning of the
meeting
Council President McCann congratulated his daughter and son -in-law,
Katie and Jay, on the birth of their first son, Kaiden James Davis, who was born on
Tuesday, December 4, 2007 McCann wished a happy life to his family
President McCann announced the following Public Hearing scheduled
for Wednesday, January 9, 2008, at 7 00 p m , at City Hall Auditorium, 33000 Civic
Center Drive, Livonia, MI
Sam Shamie, Managing Member, S & N Development Company, LLC,
request for establishment of an Industrial Development District for
Regular Meeting Minutes of December 5, 2007 36531
property located at 37640 Seven Mile Road, in the Southeast 1/4 of
Section 6
President McCann announced there would be an "X" item at the end of
tonight's meeting regarding a request by Councilmember Robinson regarding
voicing opposition to the Governor's use of offering tax incentives in an effort to
move a business from one Michigan City to another
On a motion by Knapp, seconded by Meakin, it was
#585-07 RESOLVED, that having considered a letter from
Kathleen Bilger, President, Livonia Youth Philharmonic of Michigan
Orchestra, received in the Office of the City Clerk on November 15,
2007, requesting that the City become a sponsor for the Livonia Youth
Philharmonic of Michigan (LYPM) Orchestra (a non-profit organization
with 501(C)(3) status), the Council does hereby determine that the
Livonia Youth Philharmonic of Michigan (LYPM) Orchestra is
recognized by the City of Livonia as a non-profit organization operating
in the community; FURTHER, the Council does hereby grant the
request for the City to become a co-sponsor for the Livonia Youth
Philharmonic of Michigan (LYPM) Orchestra
#586-07 RESOLVED, that having considered a communication
from the City Clerk, dated November 15, 2007, forwarding an
application submitted by David Marhofer, 33201 Kathryn Street,
Garden City, Michigan 48135, for a massage apprentice permit and in
accordance with Chapter 5 49 of the Livonia Code of Ordinances, as
amended, 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
#587-07 RESOLVED, that having considered a letter from the City
Clerk, dated November 15, 2007, in accordance with the provisions of
Section 30a of 1963 PA 65 (MCLA 168 30a), as amended, the Council
does hereby reappoint Margaret Gray as a Republican member of the
Board of Canvassers of the City of Livonia for a term expiring
December 31, 2011, FURTHER, in the event of illness or absence of
this member, the City Clerk is hereby authorized to appoint a
temporary member to serve on the Board of Canvassers in accordance
with the provisions of Section 30g of 1963 PA 65 (MCLA 168 30g), as
amended
#588-07 RESOLVED, that having considered a communication
from the Director of Community Resources, dated November 5, 2007,
which bears the signature of the Finance Director, is approved by the
Regular Meeting Minutes of December 5, 2007 36532
City Attorney and the Mayor, and to which is attached a proposed
Amendment to the Specialized Services Vehicle Agreement between
the Suburban Mobility Authority for Regional Transportation (SMART)
and the City of Livonia to provide the City (without charge) the use of
two (2) 2007 Ford lift-equipped vans, purchased with Federal
Transportation Administration Section 5310 Program funds, the
Council does, for and on behalf of the City of Livonia, authorize the
Mayor and City Clerk to execute the said amendment to the
Agreement in the manner and form hereinsubmitted, provided that the
amendment is approved as to form by the Department of Law
#589-07 RESOLVED, that having considered a communication
from the Chairman of the Water and Sewer Board, dated November
14, 2007, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and which sets forth Water and
Sewer Board resolution WS 3778 11/07, the Council does hereby
approve a one-year extension of the current contract with Vanguard
Utility Service, Inc , 1421 West 9th Street, Owensboro, Kentucky
42301, to test, repair and calibrate large commercial water meters, at
various locations throughout the City, at the unit prices quoted in their
proposal dated February 19, 2007, for all meter sizes requested for the
period through December 31, 2008, for the estimated total amount of
$26,720 00, plus an additional $8,000 00 for the purchase of repair
parts, FURTHER, the Council does hereby appropriate and authorize
the expenditure of funds already budgeted in Account No 592-559-
818-000 (Water and Sewer Contractual Services) for this purpose,
FURTHER, the Council does hereby authorize such action without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with Section
3 04 140 D 4 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, Godfroid-Marecki, Robinson, Taylor,
and McCann
NAYS None
An email communication from Kim Naccashian, 32750 Norfolk Street,
Livonia, dated November 20, 2007, re the subject of business drive-thru speakers,
was received and placed on file for the information of the Council (CR 503-07)
Regular Meeting Minutes of December 5, 2007 36533
On a motion by Robinson, seconded by Taylor, and unanimously
adopted, it was
#590-07 RESOLVED, that having considered the report and
recommendation from the Legislative Committee, dated November 20,
2007, submitted pursuant to Council Resolution 503-07, in connection
with the subject of business drive-thru speakers, the Council does
hereby determine to take no further action with regard to this matter
Councilmember Robinson stated the subject matter of regulating
electronic signs would remain in the Legislative Committee for further discussion and
study at this time (CR 333-07)
A communication from the Office of the Mayor, dated November 20,
2007, re the subject of establishment of procedures to notify residents before a stop
sign is removed in their neighborhood, was received and placed on file for the
information of the Council (CR 126-07)
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was.
#591-07 RESOLVED, that having considered the report and
recommendation from the Legislative Committee, dated November 20,
2007, submitted pursuant to Council Resolution 126-07, in connection
with the subject of establishment of procedures to notify residents
before a stop sign is removed in their neighborhood, the Council does
hereby determine to take no further action with regard to this matter
On a motion by Taylor, seconded by Knapp, and unanimously
adopted, it was
#592-07 WHEREAS, there exists in the City of Livonia, County of
Wayne, Michigan (the "City") the need for certain programs to alleviate
and prevent conditions of unemployment and to revitalize the City's
economy, and to assist industrial and commercial enterprises, and to
encourage the location, expansion or retention of industrial and
commercial enterprises to provide needed services and facilities to the
City and its residents, and
Regular Meeting Minutes of December 5, 2007 36534
WHEREAS, a program to alleviate the aforesaid conditions has been
initiated by The Economic Development Corporation of the City of
Livonia (the "Corporation"), and
WHEREAS, the Corporation in conformity with Act No 338, Public
Acts of Michigan, 1974, as amended ("Act No 338"), and the Internal
Revenue Code of 1986, as amended (the "Code"), has prepared and
submitted a project plan (the "Project Plan"), providing all information
and requirements necessary for a project to be undertaken for the
benefit of Madonna University (the "Project"), including the issuance of
revenue bonds by the Corporation (the "Bonds"), and
WHEREAS, in conformity with Act No 338 and the Code, this
legislative body conducted on November 28, 2007 a public hearing
regarding the Project, the Project Plan, and the Bonds in the maximum
aggregate principal amount of not to exceed $20,000,000 proposed
therein to be issued by the Corporation to finance all or part of the
costs of the Project.
NOW, THEREFORE, BE IT RESOLVED
1 The Project Plan, attached hereto and made a part hereof, as
submitted and approved by the Corporation, meets the
requirements set forth in Section 8(4) of Act 338, and is hereby
approved
2 The persons who will be active in the management of the
Project for not less than one year after approval of the Project
Plan have sufficient ability and experience to manage the
Project properly
3 The proposed methods of financing the Project as outlined in
the Project Plan are feasible and the Corporation has the ability
to arrange, or cause to be arranged, the financing
4 The Project Plan contains a statement by a person described in
Section 8(4)(j) of Act No 338 indicating that payment to all
persons performing work on the construction of the Project will
be made at the prevailing wage and fringe benefit rates for the
same or similar work in the locality in which the work is
performed and the City hereby conclusively relies thereupon
5 The Project as submitted is reasonable and necessary to carry
out the purposes of Act No 338, and is hereby approved
Regular Meeting Minutes of December 5, 2007 36535
6 Based upon the information submitted and obtained, the Project
Plan as submitted and the Project to which it relates serves to
alleviate and prevent conditions of unemployment and
strengthen and revitalize the City's economy and, therefore,
constitutes a vital and necessary public purpose
7 Issuance by the Corporation of the Bonds in an amount not to
exceed $20,000,000, in accordance with the terms set forth in
the Project Plan, to finance all or part of the costs of the Project
as described herein and in the Project Plan, is hereby approved
8 All resolutions and parts of resolutions insofar as they conflict
with the provisions of this resolution be and the same hereby
are rescinded
On a motion by Knapp, seconded by Taylor, and unanimously
adopted, it was
#593-07 RESOLVED, that having considered a communication
from the City Librarian, dated November 20, 2007, 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 various gift and cash donations, in the total amount of
$56,995 00, from the sources indicated therein for use by the Livonia
Public Library as indicated in the aforesaid communication, FURTHER,
the Council does hereby appropriate and credit the amount of
$46,355 00 to Account No 702-000-285-271, $5,540 00 to Account
No 702-000-285-272, and $5,100 00 to Account No 702-000-285-273
for the purposes as designated by the donors
On a motion by Knapp, seconded by Robinson, and unanimously
adopted, it was
#594-07 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 Robinson, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#595-07 WHEREAS, the City of Livonia has worked for years to
build and maintain a mutually beneficial partnership with Quicken
Loans,
Regular Meeting Minutes of December 5, 2007 36536
WHEREAS, Quicken Loans is a strong, growing company that has a
very powerful effect on the local economy and City budget;
WHEREAS, the movement of 2,500 jobs out of Livonia into the City of
Detroit will have a very negative effect on our City;
WHEREAS, the Michigan Economic Development Corporation, which
is under Governor Granholm's direction, has offered Quicken Loans a
tax incentive package as incentive to move from one Michigan City to
another;
WHEREAS, the City of Livonia has aggressively worked to retain
Quicken Loans, however, Livonia cannot counter the financial
incentives offered by Detroit without the equally-provided MEDC
support;
WHEREAS, the Livonia City Council believes that under the direction
of Governor Granholm the tax incentive package offered by the MEDC
was a misuse of legislative tax incentive tools, funded by all Michigan
taxpayers, for the equal benefit of all Michigan taxpayers and intended
for use to attract NEW business to the State of Michigan, not to
relocate a successful business from one Michigan city to another
THEREFORE, BE IT RESOLVED, that the Livonia City Council
passes this resolution encouraging State Senator Glenn Anderson and
State Representative Andy Dillon to join State Representative John
Pastor opposing such abuse of power, and to work to craft legislative
enhancements to all current State tax incentive tools available to the
Governor, limiting the Governor's use to only attracting NEW
businesses to the State of Michigan and/or the retention of existing
Michigan businesses in their CURRENT Michigan City and/or offering
equal MEDC incentives to competing Michigan Cities
BE IT FURTHER RESOLVED, that the City Clerk is hereby requested
to forward a copy of this resolution to Governor Jennifer Granholm,
State Senator Glenn Anderson, State Representative Andy Dillon,
State Representative John Pastor and the Michigan Economic
Development Corporation
There was no audience communication at the end of the meeting
Regular Meeting Minutes of December 5, 2007 36537
On a motion by Knapp, seconded by Meakin, and unanimously
adopted, this 1,598th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 15 p m
Val Vandersloot, City Clerk