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HomeMy WebLinkAboutCOUNCIL MINUTES 2006-10-11 35924 MINUTES OF THE ONE THOUSAND FIVE HUNDRED SEVENTIETH REGULAR MEETING OF OCTOBER 11, 2006 On October 11, 2006, 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 Meakin gave the invocation Roll was called with the following result: Brian Meakin, Terry Godfroid- Marecki, Joe Laura, Thomas Robinson, Gerald Taylor, Donald Knapp, and James McCann Absent: None Elected and appointed officials present: Jack Engebretson, Mayor; Val Vandersloot, City Clerk, Robert Schron, City Engineer; Al Nowak, Planner IV, Karen Szymula, Director of Legislative Affairs, Michael Slater, Director of Finance, Sherron Schultz, City Assessor; Sean P Kavanagh, City Attorney; Karen Kapchonick, Superintendent of Parks and Recreation, James Zoumbaris, Superintendent of Public Service, John Pastor, State Representative On a motion by Robinson, seconded by Knapp, it was #481-06 RESOLVED that the minutes of the 1,569th Regular Meeting of the Council held September 27, 2006 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Knapp and McCann NAYS None PRESENT Taylor REVISED PAGE Regular Meeting of October 11, 2006 35925 During the Audience Communication portion of the meeting, State Representative John Pastor announced the observation of Senior Celebration Day on Friday, October 13th at Burton Manor He then took the opportunity to explain three bills recently signed into law in Michigan applying to the Department of Environmental Quality Robinson announced the 15th Annual Fire Prevention Week Open House this weekend Knapp wished his sister, Monica Hall, Happy Birthday on October 13th Godfroid-Marecki sent get well wishes to longtime former Councilmember Fernon Feenstra recuperating from surgery on Tuesday, October 10th Taylor offered belated wishes to Bonnie Johnson, Technical Specialist in the Council Office, who celebrated her birthday on October 6th, as well as like greetings to Karla Sadler, fellow Council Office staff person, who observed her special day on October 8th Council President McCann echoed the Happy Birthday theme by sending greetings to daughter, Amy, whose big day will be October 18th Council President McCann announced that a Public Hearing for the following item will be held on Wednesday, October 18, 2006 at 7 00 p m in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI APPLICATION FOR INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE Brenda J Beck, Manager-Global Property Tax, Ford Motor Company, 4 Parklane Blvd , Suite 330, Dearborn, MI 48126, re to cover the acquisition and installation of new equipment related to the manufacture of the 6R80 transmissions at their Livonia Transmission Plant located at 36200 Plymouth Road, Livonia, MI 48150 (IDD No 1) and on Wednesday, November 15, 2006 at 7 00 p m in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI for the following items Petition 2006-08-01-07 submitted by Schostak Brothers, on behalf of Agree Limited Partnership, requesting to rezone property at 17001 Newburgh Road, located on the west side of Newburgh Road between Mallory Drive and Six Mile Road in the Northeast 1/4 of Section 18 from C-1 to C-2 Denied by CPC 10/3/06 Petition 2006-07-01-06 submitted by S & K Investments Inc , L L C , requesting to rezone property at 14801 and 14815 Farmington Road, located on the west side of Farmington Road between Lyndon Road and Five Mile Road in the Northeast 1/4 of Section 21 from R-2 to C-1 and OS Regular Meeting of October 11, 2006 35926 Council President McCann announced there would be two X-Items added to tonight's Agenda Council President McCann stated that Item 14 was removed from the Agenda at the request of the Petitioner and would be placed on the Regular Meeting of October 25, 2006 Communication from the Department of Finance, dated September 20, 2006, re forwarding various financial statements of the City of Livonia for the month ending August 31, 2006, was received and placed on file for the information of the Council Communication from the Department of Law, dated September 20, 2006, re Costco Wholesale Corporation v City of Livonia, Court of Appeals Docket No 258990 — the Court of Appeals affirmance of the City Council Decision with respect to Petition Nos 2003-12-02-23 and 2003-12-02-24 - was received and placed on file for the information of the Council Communications from Elaine Nusly, 29711 Wentworth, Apt. 217 and Viva M Stieber, 29711 Wentworth, Apt. 214, received on October 10, 2006, re voicing their support for the addition to Woodhaven Retirement Community, Petition 2006-07-02-19, were received and placed on file for the information of the Council On a motion by Knapp, seconded by Godfroid-Marecki, was #482-06 RESOLVED, that having considered a letter from Joan M Onkka, representing Holy Cross Women of the ELCA, dated September 18, 2006, which requests permission to display signs announcing their annual Book & Bake Sale to be conducted on Friday and Saturday, November 17 & 18, 2006, which signs are 18" x 24" in size and will be displayed at various locations in the City, no earlier than Friday, November 10, 2006 and removed no later than Sunday, November 19, 2006, 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 Regular Meeting of October 11, 2006 35927 #483-06 RESOLVED, that having considered a letter from Elizabeth Hering, Director of Bands and Orchestra and Department Chair for Music at Churchill High School, dated September 13, 2006, which requests permission to display signs announcing their Rummage Sale to be conducted on Saturday, October 21, 2006, which signs are 22" x 28" in size and will be displayed at various locations in the City, no earlier than Saturday, October 14, 2006 and removed no later than Sunday, October 22, 2006, 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 #484-06 RESOLVED, that having considered a communication from the City Clerk, dated September 25, 2006, forwarding an application submitted by Anthony Pauletich, 36609 Vargo, Livonia, Michigan 48152, for a therapeutic massage permit and in accordance with Ordinance No 2687, adopted on November 22, 2004, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #485-06 RESOLVED, that having considered a request from Councilmember Joe Laura, the Council does hereby refer the subject of the possible installation of a street light near the crosswalk in front of Hoover Elementary School on Levan Road between Five Mile and Six Mile Roads to the Administration for a report and recommendation #486-06 RESOLVED, that having considered a communication from the Mayor, dated September 20, 2006, which bears the signature of the Director of Finance, the Council does hereby approve the request to authorize an additional expenditure to continue the services of Patrick Hogan as acting DPW Coordinator until the position of Director of Public Works is permanently filled, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $22,000 00 payable to Orchard, Hiltz and McCliment, 34000 Plymouth Road, Livonia, Michigan 48150, from funds already budgeted in Account No 101-445-818-000 for this purpose #487-06 RESOLVED, that having considered a communication from the City Engineer, dated September 15, 2006, approved for submission by the Mayor, the Council does hereby approve the request of Florence Cement Company, 12798 23 Mile Road, Shelby Township, Michigan 48315 for the placement of a temporary portable concrete batch plant on the Millgard Corporation property located at 12822 Stark Road, and which has been approved by the owner of the property, for the purpose of producing concrete for the paving of Stark Road from Plymouth Road to Regular Meeting of October 11, 2006 35928 Schoolcraft Road, through mid-November, 2006, subject to the following conditions 1 Provide a Certificate of Insurance on all contractor operations 2 Hold harmless the City and its agents, as well as the owner of the property and its agents, for wrongdoing occurring on the site that are the direct result of the contractor's occupancy 3 Grade and restore the site to the owner's requirement, or better, directly upon completion of activities 4 Secure the site as directed by the Department of Public Works 5 Remove any tracked out material on Stark Road as requested by DPW personnel 6 Keep the premises dust free in accordance with the permit issued by the Michigan Department of Environmental Quality 7 Abide by all existing laws and regulations, both local and State, pertaining to erosion, siltation and pollution of watercourses 8 Obtain all necessary permits from the City of Livonia and abide by all local ordinances 9 Hours of operation shall be limited to the hours between 7 00 a m and 800 p m Communication from the Engineering Division, dated September 12, 2006, re forwarding a recommendation from the Traffic Improvement Association concerning Laurel Park South at Six Mile Road with respect to a concern raised by a resident about traffic exiting the Red Robin Restaurant was received and placed on file for the information of the Council (Ref CR 197-04 and Petition 2003-04-02-09) #488-06 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 12, 2006, regarding the traffic condition on Laurel Park Drive South between Six Mile Road and Professional Center Drive, the Council does hereby determine to take no further action with regard to this matter Regular Meeting of October 11, 2006 35929 #489-06 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 18, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed Contract for Engineering Services for the Water Capital Improvement Program between the City of Livonia and Hubbell, Roth and Clark, 555 Hulet Drive, Bloomfield Hills, Michigan 48303-0824, pursuant to Council Resolution 248-06 adopted on May 24, 2006, the Council does hereby approve this Contract with Hubbell, Roth and Clark as consultants to complete all engineering services in connection with the Water Capital Improvement Program in the amount of $465,512 00, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $465,512 00 from the 2005 Water and Sewer Bond Issue for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the Contract with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution Communication from Fusco, Shaffer & Pappas, Inc , dated September 29, 2006, re agreeing to comply with various issues raised by the City Planning Commission at their Public Hearing and Regular Meeting held on August 29, 2006, in connection with Petition 2006-07-02-19 for Woodhaven Retirement Community, was received and placed on file for the information of the Council #490-06 RESOLVED, that having considered a communication from the City Planning Commission, dated September 5, 2006, which transmits its Resolution 08-93-2006, adopted on August 29, 2006, with regard to Petition 2006-07-02-19, submitted by Fusco, Shaffer & Pappas, Inc , on behalf of Woodhaven Retirement Community, requesting waiver use approval to construct an addition to the existing Woodhaven Retirement Community located on the south side of Wentworth Avenue, west of Middlebelt Road (29667 Wentworth), in the Southeast 1/4 of Section 14, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-07-02-19 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked sheet C300 prepared by Nowak & Fraus, dated July 25, 2006, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L100 prepared by Allen Design, dated July 27, 2006, is hereby approved and shall be Regular Meeting of October 11, 2006 35930 adhered to, except that the Petitioner shall plant additional trees along the north side of the property at the direction of the Planning and 1., Inspection Departments to maintain a natural buffer between the development and the adjacent homes, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Elevations Plan marked Sheet A200 prepared by Fusco, Shaffer & Pappas, Inc , dated July 27, 2006, is hereby approved and shall be adhered to, 6 That the brick used in the construction shall be full-face 4 inch brick, no exceptions, 7 That all light fixtures shall not exceed 20 feet in height and shall be shielded to minimize glare trespassing on adjacent properties and roadway; 8 That all parking spaces shall be double striped, 9 That the stipulations and recommendations of the Inspection Department regarding accessible parking location and count and the provision of a properly constructed and marked accessible passenger loading zone located at the main entry, as listed in the correspondence dated August 11, 2006, shall be incorporated into this approval, 10 That the site's dumpster enclosure shall be of masonry construction to match the building brick and shall have metal gates which, when not in use, shall be closed at all times, 11 That no signs, either freestanding or wall mounted, are approved with this petition, 12 That any light fixtures along the north wall of the building shall be recessed and shielded, 13 That all roof-top mechanical equipment shall be shielded from view either by extending the height of the parapet wall or by installing a screen pre-approved by the Inspection Department; Regular Meeting of October 11, 2006 35931 14 That a staged tree clearing process shall be used in conjunction with City staff, so that the number of trees to be removed is minimized Temporary barrier fencing shall be used to contain all construction equipment, 15 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 16 Pursuant to Section 1910 of Ordinance #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 and construction has commenced, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolutions with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp and McCann NAYS None On a motion by Laura, seconded by Taylor and unanimously adopted, it was #491-06 RESOLVED that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated September 26, 2006, submitted pursuant to Council Resolution 299-06, in connection with the request from residents of the Woodbrooke Subdivision Homeowners' Association for custom street signs for the Woodbrooke Subdivision, located between Seven and Eight Mile Roads, east of Gill Road, the Council does hereby approve this request subject to the following conditions 1 The custom street signs to be installed shall match the sign depicted in the photograph submitted with this request and the sample sign presented at the Streets, Roads and Plats Committee on September 26, 2006 2 All signs to be installed shall meet Michigan Manual on Uniform Traffic Control Devices (MMUTCD) guidelines for size, font and reflectivity Regular Meeting of October 11, 2006 35932 3 All installation, maintenance and replacement of the signs shall be performed by the City and all costs associated with same shall be the responsibility of the Homeowners Association 4 This approval is subject to the Homeowners Association obtaining approval from the County of Wayne for any signs to be placed along major roads On a motion by Laura, seconded by Godfroid-Marecki and unanimously adopted, it was #492-06 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated September 26, 2006, submitted pursuant to Council Resolution 299-06, in connection with the request from residents of the Woodbrooke Subdivision Homeowners' Association for custom street signs for the Woodbrooke Subdivision, located between Seven and Eight Mile Roads, east of Gill Road, the Council does hereby refer this item to the Department of Law for preparation of a Standard Sign Ordinance in connection with these types of requests On a motion by Laura, seconded by Taylor and unanimously adopted, it was #493-06 RESOLVED that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated September 26, 2006, submitted pursuant to Council Resolution 299-06, in connection with the request from residents of the Woodbrooke Subdivision Homeowners' Association for custom street signs for the Woodbrooke Subdivision, located between Seven and Eight Mile Roads, east of Gill Road, the Council does hereby refer this item to the Administration for its report and recommendation regarding standards and guidelines that should be utilized in connection with these types of requests On a motion by Laura, seconded by Taylor and unanimously adopted It was #494-06 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated September 26, 2006, submitted pursuant to Council Resolution 399-06, in connection with the subject of stop signs and the recent removal of stop signs on Levan Road at Roycroft and in front of Hoover School, the Regular Meeting of October 11, 2006 35933 Council does hereby determine to take no further action with regard to this matter A verbal update was given at the Streets, Roads and Plats Committee meeting of September 26, 2006, re the subject of the Road Repair Program (CR 562- 02) determining that the Item is to remain in committee A verbal update was given at the Streets, Roads and Plats Committee meeting of September 26, 2006, re the subject of the 1-275 Noise Abatement (CR 816- 00) determining that the Item is to remain in committee Robinson gave First Reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 4 02 AND 4 11 OF ARTICLE IV OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2006-06-06-03) 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 the next regular meeting Robinson gave First Reading to the following Ordinance AN ORDINANCE AMENDING SECTION 514 OF ARTICLE V OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2006-06-06-03) 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 the next regular meeting Robinson gave First Reading to the following Ordinance AN ORDINANCE AMENDING SECTION 12 03 OF ARTICLE XII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2006-06-06-03) 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 the next regular meeting Regular Meeting of October 11, 2006 35934 Robinson gave First Reading to the following Ordinance fir AN ORDINANCE AMENDING SECTION 19 05 OF ARTICLE XIX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2006-06-06-03) 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 the next regular meeting Robinson gave First Reading to the following Ordinance AN ORDINANCE AMENDING SECTION 21 09 OF ARTICLE XXI OF ORDINANCE NO 543, AS AMENDED, KNOWN AN CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2006-06-06-03) 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 the next regular meeting Robinson gave First Reading to the following Ordinance AN ORDINANCE AMENDING SECTION 23 06 OF ARTICLE XXIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2006-06-06-03) 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 the next regular meeting Communication from the Department of Law, dated October 4, 2006, re the subject of Prote:,t Petitions from neighboring townships in connection with the new Michigan Zoning Enabling Act was received and placed on file for the information of the Council (Petition 2006-06-06-03) L Regular Meeting of October 11, 2006 35935 Godfroid-Marecki took from the table and gave Second Reading to the following Ordinance AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2006-06-03-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Godfroid-Marecki, Laura, Taylor, Knapp, Robinson and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective upon publication On a motion by Meakin, seconded by Laura and unanimously adopted, it was #495-06 RESOLVED, that having considered an e-mail received on October 10, 2006, from Sally Thomas questioning the renaming of Greenwood Park to Bien Park, the Council does hereby refer this matter back to the Parks and Recreation Commission for an updated report and recommendation An e-mail communication from Sally Thomas, received October 10, 2006, re questioning the proposed renaming of Greenwood Park to Bien Park, as residents in their subdivision are in the process of financing and installing a new "Greenwood Park" sign at the entrance to their subdivision, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Godfroid-Marecki and unanimously adopted, it was #496-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated September 18, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve a three (3) year extension of the existing contract with B & J Regular Meeting of October 11, 2006 35936 Parking Lot Maintenance, Inc., 12207 Inkster Road, Taylor, Michigan 48180, for completing all street sweeping required for the City's Leaf Pickup Program and supplemental routine sweeping, if required, at the unit prices accepted in August of 2005 (pursuant to Council Resolution No 401-05), for the estimated total cost of $94,140 00; FURTHER, in the event B & J Parking Lot Maintenance, Inc. is unable to perform the services, the Council does hereby authorize the use of Progressive Sweeping Contractors, Inc., 12564 Inkster Road, Redford, Michigan 48239, as an alternate for completing all street sweeping required for the City's Leaf Pickup Program and supplemental street sweeping, if required, at the unit prices accepted in August of 2005 (pursuant to Council Resolution No 401-05), for the estimated total cost of $125,550 00, the final cost being based upon the Public Service Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted in August of 2005, FURTHER, the Council does hereby authorize the expenditure of the foregoing amounts from funds already budgeted in Account No 205-527- 886-015 for this purpose, and the Mayor and City Clerk are hereby authorized to execute a contract extension for and on behalf of the City of Livonia with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended Councilmember Knapp stepped down from the podium at 8.25 p m due to a possible conflict of interest. Communication from the Department of Law dated September 25, 2006, re Administrative Response to Council Resolution 346-06, the proposed sale of the City-owned property located at 18301 Farmington Road, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously adopted, it was #497-06 RESOLVED, that having considered the report and recommendation of the Department of Law, dated September 25, 2006, approved for submission by the Mayor, submitted pursuant to Council Resolution 346-06, regarding the request from Sam Baki to purchase certain City-owned property located at 18301 Farmington Road (Sidwell 46-033-99-0007-000), the Council does hereby refer this item to the Regular Meeting of October 11, 2006 35937 Department of Law for a report and recommendation after first requesting that the potential purchaser obtain an appraisal of the subject property; FURTHER, the Council hereby requests that the report and recommendation from the Department of Law also address the subject of appropriate Deed Restrictions in connection with the possible sale of this City-owned property Knapp returned to the podium at 8 33 p m Taylor gave First Reading to the following Ordinance AN ORDINANCE AMENDING SECTION 9 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 2006-06-01-04) 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 the next regular meeting Communication from the Department of Law, dated October 3, 2006, re forwarding the proposed Ordinance Amendment with respect to Petition 2006-06-01-04, the rezoning request submitted by Angelo D'Orazio for the property located at 18421 through 18491 Farmington Road, located on the west side of Farmington Road between Curtis Road and Pickford Avenue in the Northeast 1/4 of Section 9 from R-3 to OS, was received and placed on file for the information of the Council On a motion by Godfroid-Marecki, seconded by Meakin, it was #498-06 RESOLVED, that having considered a communication from the City Planning Commission, dated July 26, 2006, which transmits its Resolution 07-79-2006, adopted on July 25, 2006, with regard to Petition 2006-05-06-02, submitted by the City Planning Commission, pursuant to Council Resolution #252-06, and Section 23 01(a) of the Livonia Zoning Ordinance, as amended, to determine whether or not to amend Section 8 07(a) of Article VIII, Section 9 03(j) of Article IX, Section 10 03(d) of Article X, and Section 11 02(i) of Article XI of Zoning Ordinance No 543, as amended, in order to reduce the minimum outdoor play area Regular Meeting of October 11, 2006 35938 requirement for child day care nurseries, and the Council having conducted a public hearing with regard to this matter on Monday, September 25, 2006, the Council does hereby approve Petition 2006-05- 06-02 for preparation of the ordinance for submission to Council, and the Department of Law is hereby requested to prepare an Ordinance amending Ordinance No 543, as amended, in accordance with this resolution A roll call was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Laura, Taylor, Knapp and McCann NAYS Robinson The President declared the resolution adopted On a motion by Knapp, seconded by Taylor and unanimously adopted, it was Resolution No. 499-06 CITY OF LIVONIA COUNTY OF WAYNE, MICHIGAN A RESOLUTION GRANTING THE "SPECULATIVE BUILDING" DESIGNATION TO ROSATI LAND DEVELOPMENT LLC, FACILITIES LOCATED WEST OF STARK ROAD BETWEEN PLYMOUTH AND SCHOOLCRAFT ROADS, IN THE CITY OF LIVONIA, MICHIGAN PURSUANT TO AND IN ACCORDANCE WITH ACT 198 OF THE PUBLIC ACTS OF 1974, AS AMENDED WHEREAS, the City Council of the City of Livonia has established an Industrial Development District, pursuant to the provisions of Act No 198 of the Public Acts of 1974, as amended, (the "Act") encompassing land situated in the City of Livonia and comprised of an area of approximately 15 11 acres lying in the South 1/2 of Section 28, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is referred to as "City of Livonia Industrial Development District No 100," and WHEREAS, the City of Livonia has received a request from Enrico Rosati (Rosati Land Development, LLC) for a "Speculative Building" designation pursuant to the Act for Facilities which are being constructed within said Industrial Development District; and Regular Meeting of October 11, 2006 35939 WHEREAS, the City wishes to preserve its right to induce qualified manufacturers to locate in the City of Livonia at said facilities by offering the opportunity for tax abatement under the Act; and WHEREAS, the granting of said designation will under the Act allow the City of Livonia to consider future applicants the granting of tax abatement for such qualified manufacturers as may purchase or become tenants of the facilities, NOW, THEREFORE, BE IT RESOLVED by the City of Livonia as follows 1 The City of Livonia hereby grants to the industrial facilities (8,000 square foot building on Lot 13 [34418 Rosati Avenue]) located within the Rosati Industrial Park west of Stark Road between Plymouth and Schoolcraft Roads in the City of Livonia, Michigan, pursuant to the authority delegated to the City of Livonia under Act 198 of 1974, as amended, the "Speculative Building" designation 2 The granting of the "Speculative Building" designation for the facilities does not create any vested right on the part of Rosati Land Development, LLC, its successors in interests or any tenants of the facilities to receive tax abatement as provided under Act 198 of 1974, as amended, the designation being granted to preserve the opportunity for future qualified manufacturer or manufacturers under said Act to submit an application(s) to the City of Livonia requesting tax abatement under said Act. 3 The City Clerk is hereby directed to forward a certified copy of this resolution to the State Tax Commission for the State of Michigan EXHIBIT A LEGAL DESCRIPTION I.D.D. NO. 100 LOT 13, ROSATI INDUSTRIAL PARK, A SUBDIVISION OF PART OF THE S E '/4 AND S W 1/4 OF SECTION 28, T 1 S , R.9 E , CITY OF LIVONIA, WAYNE COUNTY, MICHIGAN AS RECORDED IN LIBER 122 OF PLATS, PAGES 63-66, INCLUSIVE, W C R. SUBJECT TO EASEMENTS OF RECORD #500-06 WHEREAS, an Installment Purchase Contract (the "Contract"), between the City of Livonia, County of Wayne (the "City"), Hoekstra Transportation, Inc. (the "Vendor") and Chase Equipment Leasing, Inc (the "Assignee") for the purchase and delivery of twelve (12) buses (the "Equipment"), has been prepared, and Regular Meeting of October 11, 2006 35940 WHEREAS, the total purchase price of the Equipment is $726,912 (the "Purchase Price"), and WHEREAS, pursuant to the Contract, the Purchase Price will be paid by the City to the Assignee in ten (10) semi-annual installment payments of principal and interest, with interest payable at a rate equal to 3 6833% per annum, and WHEREAS, the Contract is to be assigned to the Assignee, and WHEREAS, it is necessary to approve the Contract and authorize the Mayor and Clerk to execute the Contract and authorize City officials to execute certain other documentation relative thereto NOW, THEREFORE, BE IT RESOLVED THAT 1 The form of Contract as attached hereto at Exhibit A is hereby approved The City shall incur the debt described in the preamble hereof through execution of the Contract by the officers authorized below which debt shall consist of the Purchase Price of $726,912, which Purchase Price shall be payable in not to exceed ten (10) semi- annual installments of principal and interest with interest thereon at a rate of 3 6833% per annum The installments of principal and interest shall be payable semi-annually commencing April 1, 2007 as shall be determined by the City's Director of Finance 2 The Mayor and City Clerk are hereby authorized and directed to execute the Contract and deliver it to Vendor, substantially in the form as attached hereto at Exhibit A, with such additions, changes and modifications as shall be approved by the City's Bond Counsel, Miller, Canfield, Paddock and Stone, P L C 3 The useful life of the Equipment is hereby determined to be not less than five (5) years 4 The Mayor, City Clerk and Director of Finance are each hereby authorized and directed to execute such additional documentation and open such accounts as shall be necessary to effectuate the closing of the Contract and the assignment thereof Regular Meeting of October 11, 2006 35941 5 The City's Director of Finance is hereby authorized to finalize the maturity schedule, amend the date of delivery of the Equipment and amend the dated date of the Contract in a manner not inconsistent with this resolution 6 The assignment of the Contract by Vendor to the Assignee is hereby approved 7 The City hereby agrees to include in its budget for each year commencing with the current fiscal year, a sum which will be sufficient to pay the principal of and interest on the Contract coming due before the next fiscal year In addition, the City hereby pledges to levy ad valorem taxes on all taxable property in the City each year in an amount necessary to make its debt service payments under the Contract, subject to applicable constitutional, statutory and charter tax rate limitations 8 The City hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exemption of the interest on the obligations under the Contract from general federal income taxation (as opposed to alternative minimum or other indirect taxation) under the Internal Revenue Code of 1986, as amended, including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of proceeds of the Contract and moneys deemed to be proceeds 9 The City reasonably expects that it will not issue more than $10,000,000 in tax exempt obligations in calendar year 2006 The City hereby declares that its obligations under the Contract shall be designated as "qualified tax-exempt obligations" for purposes of deduction of interest expense by financial institutions under the provisions of the Internal Revenue Code of 1986, as amended 9 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded Communication from the Department of Finance, dated October 6, 2006, re forwarding information on installment purchase financing from local banks to finance the purchase of buses for use by the Livonia Community Transit Program was received and placed on file for the information of the Council (CR 303-06) Regular Meeting of October 11, 2006 35942 On a motion by Knapp, seconded by Robinson and unanimously adopted, it was #501-06 RESOLVED, that having considered a communication from the City Assessor, dated October 3, 2006, approved for submission by the Mayor, the Council does hereby accept the proposal submitted by Heinowski Appraisal and Consulting, LLC, for performing real estate appraisals of the two Ford Motor Company plants located in the City in an amount not to exceed $78,000 00, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $78,000 00 from the unexpended fund balance of the PRDA for this purpose, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid company, after approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize this work without competitive bidding and such action is taken in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended On a motion by Taylor, seconded by Laura and unanimously adopted, it was #502-06 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 Taylor, seconded by Laura, it was #503-06 RESOLVED, that having considered a communication from the Department of Law, dated October 6, 2006, 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 on October 18, 2006 for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Moghul Investment v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: Regular Meeting of October 11, 2006 35943 AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp and McCann NAYS None On a motion by Knapp, seconded by Taylor and unanimously adopted, it was #504-06 RESOLVED, that having considered a communication from the Director of Finance, dated October 6, 2006, approved for submission by the Mayor, regarding the renewal of 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 There was no Audience Communication at the end of the meeting On a motion by Taylor, seconded by Meakin and unanimously adopted, the 1,570th Regular Meeting of the Council of the City of Livonia was adjourned at 8 47 p m , October 11, 2006 a.314_0(2,edd Val Vandersloot, City Clerk tl�,.