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HomeMy WebLinkAboutCOUNCIL MINUTES 2006-06-26 35770 MINUTES OF THE ONE THOUSAND FIVE HUNDRED SIXTY-THIRD REGULAR MEETING OF JUNE 26, 2006 On June 26, 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 Council Vice-President Knapp delivered the invocation Roll was called with the following result: Donald Knapp, Brian Meakin, Terry Godfroid-Marecki, Joe Laura, Thomas Robinson, Gerald Taylor and James McCann Absent: None Elected and appointed officials present Mayor Jack Engebretson, Kevin Roney, Department of Public Works, Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Karen Tesner, Assistant City Clerk, Karen Szymula, Director of Legislative Affairs, Robert Biga, Human Resources Director; Kathleen Monroe, City Librarian, Jeff Bryant, Director of Economic Development; Karen Kapchonick, Superintendent of Parks and Recreation, Linda McCann, Director of Community Resources, Judge Kathleen McCann, 16th District Court; Joseph Mysliwiec, 16th District Court Administrator and Stan Dobis, Cable Commission On a motion by Robinson, seconded by Taylor, it was CR 293-06 RESOLVED, that the minutes of the 1,562nd Regular Meeting of the Council held June 14, 2006, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Godfroid-Marecki, Laura, Robinson, Taylor and McCann NAYS None PRESENT Meakin During the audience communication portion of the agenda, Councilmember Brian Meakin thanked all the citizens for their thoughts and prayers during a most difficult week when his niece was tragically killed in an automobile accident. Regular Meeting of June 26, 2006 35771 Council President McCann complimented the SPREE Board and volunteers on a job well done with this year's 56` annual celebration Chris Martin, 11037 Hubbard, spoke to the Council regarding a parking citation he received in front of his house Jack Custer, 15065 Woodside, addressed an issue involving a driveway repair at his home that has needed to be done for a long time, and asked for Council's guidance on this matter On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 294-06 RESOLVED, that having considered a request from Jack Custer regarding a driveway repair at his home at 15065 Woodside, the Council does hereby determine to refer this issue to the Administration for a report and recommendation Council President McCann announced that a Public Hearing for the following item will be held on Monday, August 28, 2006 at 7 00 P M in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI ITEM Request from David M Woodcox, Director of Inspection, City of Livonia, dated June 21, 2006, to hold a hearing on the Findings of the Order of the Hearing Officer regarding the demolition of the structure at 9060 Deering, Livonia, MI 48150, in accordance with Chapter 15 52 140, Dangerous Buildings and Structures, of the Livonia Code of Ordinances, as amended A communication from the Public Service Division, dated May 25, re a status report on services provided by Honeywell, Inc , relative to heating and air conditioning problems at the City Hall building, was received and placed on file for the information of the Council (Agenda #21) On a motion by Meakin, seconded by Godfroid-Marecki, it was CR 295-06 RESOLVED, that having considered an application from Kenny R. Mann, 16592 Country Club, dated May 29, 2006, requesting permission to close Country Club between Wood and Grove on Saturday, July 29, 2006, from 3 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, August 19, 2006, in the event of inclement weather, the Regular Meeting of June 26, 2006 35772 action taken herein being made subject to the approval of the Police Department. CR 296-06 RESOLVED, that having considered an application from Stacie Pettit, 8937 Louisiana, dated June 12, 2006, requesting permission to close Louisiana between Kentucky and Oregon on Saturday, August 26, 2006, from 12 00 noon to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 297-06 RESOLVED, that having considered a letter from Laurie Davis, Assistant Secretary, Emmanuel Lutheran Church, dated May 30, 2006, which requests permission to display approximately 14 signs announcing the Emmanuel Lutheran Church's Rummage Sale to be conducted on Thursday, August 17, 2006 through Saturday, August 19, 2006, which signs are to be 18"x 24" in size and which will be displayed at various locations in the City, no earlier than Thursday, August 10, 2006, and removed no later than Sunday, August 20, 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 CR 298-06 RESOLVED, that having considered a letter from Curt Joslin, Social Director of the Mustang Owners Club of Southeastern Michigan (MOCSEM), dated June 2, 2006, which requests permission to display 18" x 24" signs at various locations in the City announcing the 18th Annual All Ford Car Show and Swap Meet to be held Sunday, August 13, 2006, at Greenmead, which signs shall be installed no earlier than Sunday, August 6, 2006, and removed no later than Monday, August 14, 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 CR 299-06 RESOLVED, that having considered a communication from the Mayor, dated June 6, 2006, with regard to the request from residents of the Woodbrooke Subdivision Homeowners' Association for custom street signs in the Woodbrooke Subdivision, located between Seven and Eight Mile Roads, east of Gill Road, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation CR 300-06 RESOLVED, that having considered a communication from the Mayor, dated June 6, 2006, with regard to the request from residents of the Woodbrooke Subdivision Homeowners' Association for custom street signs in the Woodbrooke Subdivision, located between Seven and Eight Mile Roads, east of Gill Road, the Council does Regular Meeting of June 26, 2006 35773 hereby refer this item to the Administration/Public Safety for its report and recommendation CR 301-06 RESOLVED, that having considered a communication from Councilmember Joe Laura, dated June 12, 2006, transmitting a letter from Mr Ken Pumo, 16642 Harrison Street, with regard to the possibility of amending Chapter 84 of Title 10 of the Livonia Code of Ordinances regarding the operation of bicycles on City streets, the Council does hereby refer this item to the Legislative Committee for its report and recommendation CR 302-06 RESOLVED, that having considered the report and recommendation of the City Librarian, dated May 18, 2006, which bears the signatures of the Director of Finance and the Information Systems Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase of 27 workstations for the three Livonia Libraries from Dell, One Dell Way RR8, Round Rock, Texas 78681, for the total amount of $28,923 66, the same to be expended from funds already budgeted in Account No 271-738-971- 000 (Capital Outlay Minor) for this purpose, 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 contract bid price, in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 303-06 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated June 5, 2006, 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 up to 14 vehicles for the Livonia Community Transit Program from Hoeakstra, 3741 Robert B Chaffee, Grand Rapids, MI 49548, for an amount not to exceed $790,616 00, FURTHER, the Council does hereby authorize the Director of Finance to solicit quotations for installment purchase financing from local banks for this purpose, 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 contract bid price, in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A communication from the Office of the City Clerk, dated June 7, 2006, re forwarding a communication from the Director of Assessment and Equalization, fir Wayne County Department of Management and Budget, notifying the City to collect Regular Meeting of June 26, 2006 35774 two-thirds of their Operating Millage with our summer tax collection, was received and placed on file for the information of the Council CR 304-06 RESOLVED, that having considered the communications from the City Clerk, dated June 9, 2006, and the communication from the Department of Law, dated June 13, 2006 and June 16, 2006, respectively, approved for submission by the Mayor, in connection with the appeal of a business license denied by the Division of Police, submitted by Wayne L. Yashinsky, on behalf of Todd Schiftar, Consignment Outlet Livonia, LLC, 15700 Middlebelt Road, and pursuant to Section 5 76 030D of the Livonia Code of Ordinances, as amended, the Council does hereby determine that a public hearing shall take place before the City Council of the City of Livonia on Wednesday, July 12, 2006 at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154, regarding this appeal, FURTHER, the City Clerk is hereby requested to all other things necessary or incidental to the full performance of this resolution CR 305-07 RESOLVED, that having considered a communication from the Director of Public Safety, dated May 18, 2006, which bears the signatures of the Director of Finance and the Fire Chief, and is approved for submission by the Mayor, the Council does hereby approve the submission of a grant application under the Assistance to Firefighters Grant Program (AFG) wherein the total grant project has been budgeted in the projected amount of $912,000 00, with the Federal Government's share being $729,600 00 (80%) (the grant amount) and the City's estimated share being $182,400 00 (20%), such funds representing the City's estimated share (Local Match) to be expended from the Transportation and Capital Improvement Millage, with the understanding that the Council hereby agrees to make funds available for the City's share for the purchase of a Front-Line Aerial Tower if this application is accepted by the Federal Government. CR 306-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 2, 2006, which bears the signatures of the Director of Finance and the Director of the Housing Commission, and is approved for submission by the Mayor, the Council does hereby accept the bid of Play Environments Inc , 563 College Ave , Holland, Michigan 49423, for supplying the Department of Parks and Recreation with park and picnic equipment and installing such equipment in Broadmoor Park, located in the southwest corner of Section 13 for the total amount of $26,995 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 amount of $26,995 00 from funds already budgeted in Account No 235-800-818-682 (Community Development Block Grant) for this purpose, and the Mayor and City Regular Meeting of June 26, 2006 35775 Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 307-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated June 7, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Ashton Tree Service, Inc , 30443 Industrial Road, Livonia, Michigan 48150, for completing all work required in connection with the removal of trees and stumps from City park sites for an estimated total cost of $31,024 00, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize an expenditure in the amount of $31,024 00 from funds already budgeted in Account No 205-527-818-045 (Municipal Refuse Fund Contractual Services) for this purpose, and the Superintendent of Public Service 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 CR 308-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated May 30, 2006, 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 75% of the City's requirement of rock salt used for ice control from the Detroit Salt Company, 12841 Sanders Street, Detroit, Michigan 48217, at the unit price bid of $26 38 per ton, for an estimated total amount of $108,817 50, for the period August 1, 2006 through June 30, 2007, which bid was submitted to the consortium of Farmington Hills, Southfield, Southfield School District, etc , the same having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize the purchase of 25% of the City's requirement of rock salt used for ice control from North American Salt Co , 9900 West 109th Street, Suite 600, Overland Park, Kansas 66210, at the unit price bid of $32 58 per ton, for an estimated total amount of $44,797 50 for the period August 1, 2006 through June 30, 2007, the same having been in fact the second lowest bid received by the consortium for this item, FURTHER, the Council does hereby authorize such expenditures from funds already budgeted in the 2006- 2007 budget in Account No 101-463-784-000 for this purpose, FURTHER, the Council does hereby waive the City's competitive bid process for the reasons outlined in the aforesaid report and recommendation and in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended Regular Meeting of June 26, 2006 35776 A communication from the Public Service Division, dated May 30, 2006, - Administrative Response — re the request of Linda Bentley to have a tree stump removed in front of her home at 9206 Colorado, was received and placed on file for the information of the Council (CR 200-06) CR 309-06 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 1, 2006, approved for submission by the Mayor, the Council does hereby authorize the release to Enrico Rosati, 18845 Gary Lane, Livonia, Michigan 48152, the proprietor of Rosati Industrial Park Subdivision, located on the west side of Stark Road between Schoolcraft and Plymouth Roads in the south 1/2 of Section 28, of the financial assurances previously deposited pursuant to Council Resolution 227-02 adopted on April 24, 2002, and subsequently amended by Council Resolution 126-03 adopted on March 26, 2003, specifically. a) General Improvement Bond $5,000 00 (cash), b) Monuments and Markers Bond $ 600 00 (cash), FURTHER, all other financial assurances now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged, and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia CR 310-06 RESOLVED, that having considered a communication from the City Planning Commission, dated May 17, 2006, which transmits its resolution 05-49-2006, adopted on May 16, 2006, with regard to Petition 2006-03-02-07, submitted by Honey Tree Restaurant requesting waiver use approval to operate a full service restaurant in the Fountain Park Development located at 33326 Plymouth Road, on the north side of Plymouth Road, between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 27, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-03-02-07 is hereby approved and granted, subject to the following conditions 1 That the maximum number of customer seats shall not exceed 106 seats, 2 That all issues relating to egress points from this space shall be resolved to the satisfaction of the Fire Marshal and the Inspection Department; Regular Meeting of June 26, 2006 35777 3 That the outdoor storage of refuse shall be limited to the screened compactor area (behind the easterly building) as shown on the approved site plan for this commercial development, and there shall be no additional outdoor refuse storage areas anywhere else on the site in connection with this use, 4 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, 5 That wall signage shall not be illuminated beyond one (1) hour after this business closes, and 6 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows CR 311-06 RESOLVED, that having considered a communication from the City Planning Commission, dated May 31, 2006, which transmits its resolution 05-54-2006 adopted on May 30, 2006, with regard to Petition 2006-01-08-01 submitted by Etchen Gumma Limited, on behalf of New-Five Shell, requesting site plan approval in connection with a proposal to renovate both the interior and exterior of the gas station located at 37449 Five Mile Road, on the southwest corner of Five Mile and Newburgh Roads in the Northeast 1/4 of Section 19, pursuant to the provisions set forth in Section 18 58 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-01-08-01 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet A-1 dated June 1, 2006, as revised, prepared by Etchen Gumma Limited, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet A-2 dated June 1, 2006, as revised, prepared by Etchen Gumma Limited, is hereby approved and shall be adhered to, 3 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall Regular Meeting of June 26, 2006 35778 be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the Exterior Building Elevation Plan marked Sheet A-4 dated June 1, 2006, as revised, prepared by Etchen Gumma Limited, is hereby approved and shall be adhered to, 7 That the brick used in the construction shall be full face 4 inch brick, 8 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 9 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 10 That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 11 No outside storage, placement or display of merchandise shall be permitted at any time on this site, however, the foregoing prohibition shall not apply to the display, on the pump islands only, of oil-based products as permitted in Section 11 04(a) of the Zoning Ordinance, 12 That free air shall be provided at all times this station is open for business, the free air shall be dispensed at the point-of-service without having to enter the station or the performance of any extra action in order to obtain the air without charge, 13 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto, and 14 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 CR 312-06 RESOLVED, that having considered a communication from the City Planning Commission, dated June 2, 2006, which transmits its resolution 05-55-2006 adopted on May 30, 2006, with regard to Petition 2006-04-08-09 submitted by Schoolcraft Commons, on behalf of College Park, requesting site plan approval in connection with a proposal to construct an office building on property located at Regular Meeting of June 26, 2006 35779 17410 College Parkway, on the east side of Haggerty Road, just north of Six Mile Road, between the Schoolcraft College campus and the Comerica Operations Center in the Southwest 1/4 of Section 7, pursuant to the provisions set forth in Section 18 47 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006- 04-08-09 is hereby approved and granted, subject to the following conditions 1 That the Overall Layout Plan marked Sheet SP-03 dated March 29, 2006, prepared by Alpine Engineering, Inc , is hereby approved and shall be adhered to, 2 That the Layout and Paving Plan marked Sheet SP-01 dated March 29, 2006, prepared by Alpine Engineering, Inc , is hereby approved and shall be adhered to, 3 That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject property(s) would share parking, be supplied to the City; 4 That the Landscape Plans marked Sheets L-1, L-2 and L-3 all dated March 29, 2006, as revised, prepared by J Eppink Partners, Inc., are hereby approved and shall be adhered to, 5 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 6 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 7 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, 8 That the Building Elevation Plan marked Sheet A-201 dated May 22, 2006, prepared by Gillett Associates, is hereby approved and shall be adhered to, 9 That the brick used in the construction shall be full face 4 inch brick, { 10 That all rooftop mechanical equipment shall be concealed from two public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, Regular Meeting of June 26, 2006 35780 11 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building, and the enclosure gates shall be maintained and when not in use closed at all times, 12 That the petitioner shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 13 That the Developer shall submit for approval an ongoing mosquito control program, as approved by the Department of Public Works, describing maintenance operations and larvicide applications to the City of Livonia Inspection Department prior to the construction of the stormwater retention facility; 14 That the owner shall provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the stormwater detention pond, 15 That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 16 That the petitioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated April 6, 2006, 17 That only conforming wall signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, and 18 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 CR 313-06 RESOLVED, that having considered a communication from Steven J Schafer, Schafer Development, LLC, dated June 6, 2006, requesting approval of a revised site plan in connection with Petition 2005-12-08-25, submitted by Livonia St. Martins LLC, previously approved in Council Resolution 66-06, adopted on February 8, 2006, involving a proposal to construct a medical office building on property located at 19731 Middlebelt Road, on the west side of Middlebelt Road between Seven Mile Road and Bretton Avenue in the Regular Meeting of June 26, 2006 35781 Southeast 1/4 of Section 2, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby approve the revised site plan in connection with Petition 2005- 12-08-25, subject to the following conditions 1 That the Site Plan marked Sheet 1 of 1 dated June 2, 2006, as revised, prepared by Creative Land Planning & Design, is hereby approved and shall be adhered to, and 2 That all other conditions imposed by Council Resolution 66-06, adopted on February 8, 2006, in connection with Petition 2005- 12-08-25 shall remain in effect to the extent that they are not in conflict with the foregoing conditions CR 314-06 RESOLVED, that having considered the request of Councilmember Joe Taylor at the Study Meeting held June 19, 2006, in connection with a recent meeting with Honeywell with respect to the City Hall building heating and air conditioning problems, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and McCann NAYS None An e-mail communication from Mayor Engebretson, dated June 23, 2006, re his thoughts about the City's proposed increased cost participation for the Pickford Avenue Paving Project, was received and placed on file for the information of the Council (CR 172-06) A communication from Deborah Law, dated June 15, 2006, re the possibility of proposed additional funding from the City for the Pickford Avenue Paving Project, was received and placed on file for the information of the Council (CR 172-06) Regular Meeting of June 26, 2006 35782 On a motion by Laura, seconded by Meakin, it was CR 315-06 WHEREAS, having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 30, 2006, submitted pursuant to Council Resolution 172-06, and pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 413 for a proposed street improvement consisting of a 28 foot wide, 7-1/2" thick asphalt pavement with asphalt curb and storm sewers (Alternate III) on Pickford Avenue (Bainbridge to Hillcrest) located south of Seven Mile Road between Merriman and Middlebelt Roads, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, March 27, 2006, at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of a street improvement to be constructed in Special Assessment District No 413, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll, as revised, dated June 27, 2006, in the amount of $159,334 56, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No 413 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of six (6%) percent per annum on the unpaid balance of the assessment from December 1, 2006 Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll, said rate of interest shall be not more than 1% above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10 00), the number of installments shall be reduced so that each installment shall Regular Meeting of June 26, 2006 35783 be above and as near Ten Dollars ($10 00) as possible The first installment shall be due and payable December 1, 2007, and subsequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3 08 190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08 190 Any property owner assessed may pay the whole or any part of the assessment without interest or penalty up to December 1, 2006, (5) The first installment shall be spread upon the 2007 City tax roll in the manner required by Section 3 08 210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1, 2006, and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3 08 200, or after the expiration of the sixty (60) day period as provided by Section 3 08.220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, and (6) The City Council does hereby determine to pay 25% of the paving costs plus 300 feet of frontage on Beverly Park ($105,856 59) and 100% of the drainage costs ($75,847 10) for a total amount of$181,703 69 Bernice Pearson, 18512 Bainbridge, questioned the difference between the costs if the City participation were 15% vs 25% for the proposed Pickford Avenue Paving Project. Tina Poster, 18513 Flamingo, stated that she had sent an e-mail to the Councilmembers regarding the Pickford Avenue Paving Project, but had received no answer from any of them The Councilmembers stated that they had received no such e-mail Marge Stuebben, 30477 Pickford, questioned the parking situation on Pickford, would it be allowed on only one side or on both sides of the street. Kevin Regular Meeting of June 26, 2006 35784 Roney, Department of Public Works, stated that he would have this parking issue investigated lo"" A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and McCann NAYS Knapp The President declared the resolution duly adopted On a motion by Laura, seconded by Taylor, and unanimously adopted, it was CR 316-06 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 30, 2006, submitted pursuant to Council Resolution 173-06, with regard to the award of a contract for the proposed Special Assessment street improvement project consisting of a 28 foot wide, 7-1/2" thick asphalt pavement with asphalt curb and storm sewers (Alternate III) on Pickford Avenue (Bainbridge to Hillcrest), located south of Seven Mile Road between Merriman and Middlebelt Roads in the Northwest 1/4 of Section 11 (S.A.D No 413), the Council does hereby determine as follows - To establish the total project cost at $341 ,038 25, of which $296,555 00 is for Construction, and $44,483.25 is for Engineering, Inspection and Administration, and - To award a contract in the amount of $303,755 00 to Summit Transport Inc., 10321 Grand River, Suite 520, Brighton, Michigan 48116, based on the unit bid prices, said amount to be adjusted based upon quantities of work actually completed, - To authorize an advance in the amount of $180,575 95 for the Pickford Paving from the General Obligation Road Improvement Bond Issues with the provision that the Bond Issues be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are available from future payments, and - To authorize an appropriation and expenditure in the amount of $160,462 30 from the General Obligation Road Improvement Bond Issue to pay for the City's portion of the work, Regular Meeting of June 26, 2006 35785 and the City Assessor, City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution A communication from the Department of Law, dated April 13, 2006, re the subject of proactively establishing Industrial Development Districts (IDDs) in Sections 25-30, inclusive, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 317-06 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated June 7, 2006, submitted pursuant to Council Resolutions 82-06 and 83-06, in connection with the possible creation of six Industrial Development Section-Overlay Districts for Sections 25, 26, 27, 28, 29 and 30 within the City of Livonia and the subject of the City's Tax Incentive Policy in connection with industrial development districts, the Council does hereby request the Administration to ask the legislature to remove or reduce the notice requirements or eliminate the first step in the P.A. 198 process On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 318-06 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated June 7, 2006, submitted pursuant to Council Resolution 577-04 in connection with the possible adoption of a resolution to review and monitor investments for losses suffered due to corporate fraud mismanagement and to pursue recovery of such losses through the class action litigation process when appropriate, in connection with the City's Defined Benefit and Defined Contribution Retirement Plans, the Council does hereby request the Administration to obtain information from Great West regarding their policy governing pursuing recovery of losses caused by corporate fraud, mismanagement and malfeasance and submit its findings to the Finance, Insurance and Budget Committee Regular Meeting of June 26, 2006 35786 A communication from the Public Service Division, dated June 22, 2006, - Administrative Reply - re snow removal service, was received and placed on file for the information of the Council (CR 570-04) On a motion by Taylor, seconded by Meakin, and unanimously adopted, it was CR 319-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 13, 2006, submitted pursuant to Council Resolution 570-04 in connection with the subject of a possible bid for snow removal services in the future, the Council does hereby determine to take no further action with regard to this matter A communication from Terry Sever, Century 21 Row, re a site plan for 31700 and 31750 Seven Mile Road, west of Merriman Road, was received and placed on file for the information of the Council (Petition 2005-09-01-11) On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 320-06 RESOLVED, that having considered a communication from the Committee of the Whole, dated June 13, 2006, submitted pursuant to Council Resolution 607-05 in connection with the report and recommendation of the City Planning Commission, dated October 27, 2005, which sets forth its resolution 10-107-2005, adopted on October 25, 2005, with regard to Petition 2005-09-01-11, submitted by Terry Sever, on behalf of Harvey and Jewell Harris and John and Diane Breitenbach, for a change of zoning of properties located at 31700 and 31750 Seven Mile Road, on the north side of Seven Mile Road between Merriman Road and Auburndale Avenue in the Southeast 1/4 of Section 3, from RUFB to R-1, and the Council having conducted a public hearing with regard to this matter on December 7, 2005, the Council does hereby approve Petition 2005-09-01-11 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon Regular Meeting of June 26, 2006 35787 receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution Council President McCann left the podium and passed the gavel to Vice- President Knapp at 8 42 p m to avoid a conflict of interest. A communication from the Civil Service Department dated June 23, 2004, to Anthony A. Asher, Sullivan, Ward, Asher & Patton, P C , re suggesting retaining the services of Gabriel, Roeder, Smith and Company to explore cost neutral options for the 16th District Court's alternative pension options, was received and filed for the information of the Council (CR 53-04) A report from Keith Brainard, NASRA Director of Research, dated November, 2002 and updated February, 2005, re Myths and Misperceptions of Defined Benefit and Defined Contribution Plans, was received and placed on file for the information of the Council (CR 53-04) A communication from Anthony A. Asher, Sullivan, Ward, Asher & Patton, P C , dated June 24, 2005, to Chief Judge Kathleen J McCann, 16th Judicial District Court, Livonia, re transfer of Court Employees to Municipal Employees Retirement System (MERS), was received and placed on file for the information of the Council (CR 53-04) A communication from Angelo A. Plakas, Esq , Angelo A. Plakas and Associates, P C , dated June 13, 2006, re Position Statement of the 16th Judicial District Court Employees relative to allowing said employees to transfer to the Municipal Employees Retirement System (MERS), was received and placed on file for the information of the Council (CR 53-04) Regular Meeting of June 26, 2006 35788 A communication from Robert Biga, Human Resources Director, received on June 13, 2006 at the Committee of the Whole Meeting, re City of Livonia District Court Pension Survey, was received and placed on file for the information of the Council (CR 53-04) A communication from Angelo A. Plakas, Esq , Angelo A. Plakas and Associates, P C , to Robert Biga, Human Resources Director, dated February 9, 2006, re 16th Judicial District Court — MERS Pension Proposal, was received and placed on file for the information of the Council (CR 53-04) A communication from Joseph F Mysliwiec, Court Administrator, and Kathleen J McCann, Chief Judge, dated April 4, 2006, re adoption of a resolution approving the Court's participation in the Michigan Employee Retirement System (MERS) B3 Defined Benefit Pension Plan, was received and placed on file for the information of the Council (CR 53-04) A communication from the Mayor, dated June 23, 2006, re 16th District Court — MERS Pension Proposal, was received and placed on file for the information of the Council (53-04) Judge Kathleen McCann, 15150 Farmington Road, spoke to Council asking for an approving resolution for the 16th District Court employees' participation in the Michigan Employee Retirement System (MERS) Angelo Plakas, Angelo A. Plakas and Associates, P C , 35330 Nankin Boulevard, Suite 702, Westland, MI 48185-7223, spoke to the Council as a representative of the Court employees, asking for an approving resolution for the 16th District Court employees' participation in the Michigan Employee Retirement System (MERS) Katherine Rippe, MAPE Union President for the 16th District Court Supervisors' Union, spoke to the Council asking for an approving resolution for the 16t District Court employees' participation in the Michigan Employee Retirement System (MERS) Regular Meeting of June 26, 2006 35789 Mayor Engebretson spoke to the Council regarding denying the request of 16th District Court employees' participation in the Michigan Employee Retirement System (MERS) because of the financial burden it would impose on the City Robert Biga, Human Resources Director, spoke to the Council at the request of the Mayor, indicating that correspondences had been sent in the past to the 16th District Court regarding the cost of their employees transferring to the MERS retirement plan On a motion by Laura, seconded by Meakin, it was CR 321-06 RESOLVED, that having considered a communication from the Committee of the Whole, dated June 13, 2006, submitted pursuant to Council Resolution 53-04 in connection with the possible adoption of a resolution approving the 16th District Court's participation in the Michigan Employee Retirement System (MERS) Defined Benefit Pension Plan and the voluntary transfer of current full-time employees' account balances from the City of Livonia Defined Contribution Plan for those who wish to participate in the MERS B3 Defined Benefit Pension Plan, the Council does hereby determine to deny this request. A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and Knapp NAYS None The Vice-President declared the resolution duly adopted Council President McCann returned to the podium at 8 58 p m , and Council Vice- President Knapp returned the gavel to him at this time Councilmember Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 010 AND 040 OF TITLE 2, CHAPTER 80 (PLANNING COMMISSION) OF LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Regular Meeting of June 26, 2006 35790 On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was CR 322-06 RESOLVED, that having considered a communication from the Department of Law, dated June 9, 2006, approved for submission by the Mayor, which submits a proposed amendment to Sections 010 and 040 of Title 2, Chapter 80 (Planning Commission), and the referral of proposed changes to the Zoning Ordinance due to changes necessitated by the Michigan Zoning Enabling Act, MCL 125 3101, et. seq., the Council does hereby refer this matter to the Legislative Committee for its report and recommendation On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 323-06 RESOLVED, that having considered a communication from the Department of Law, dated June 9, 2006, approved for submission by the Mayor, which submits a proposed amendment to Sections 010 and 040 of Title 2, Chapter 80 (Planning Commission), and the referral of proposed changes to the Zoning Ordinance due to changes necessitated by the Michigan Zoning Enabling Act, MCL 125 3101, et. seq., the Council does hereby refer the proposed changes to the Zoning Ordinance to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance Councilmember Taylor took from the table, for second reading and adoption, 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 2006-02-01-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and McCann NAYS None Regular Meeting of June 26, 2006 35791 The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Godfroid-Marecki took from the table, for second reading and adoption, 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 2006-02-01-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson and McCann NAYS Taylor The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Robinson took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 58 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2006-01-06-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would time become effective on publication Regular Meeting of June 26, 2006 35792 Councilmember Robinson took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 19 03 OF ARTICLE XIX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2006-01-06-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 010 AND 030 OF TITLE 2, CHAPTER 60 (HOUSING COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result. AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 31 OF THE ZONING MAP OF THE CITY OF LIVONIA Regular Meeting of June 26, 2006 35793 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 2005-09-01-10) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Taylor and McCann NAYS Robinson The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Godfroid-Marecki, seconded by Meakin, it was CR 324-06 RESOLVED, that having considered a communication from the City Planning Commission, dated June 1, 2006, which transmits its resolution 05-56-2006 adopted on May 30, 2006, with regard to Petition 2006-05-08-10 submitted by Schafer Development, LLC, on behalf of Quail Chase Site Condominiums, requesting approval of the Master Deed, bylaws and site plan in connection with a proposal to construct a site condominium development (Quail Chase Site Condominiums) on property located at 9229 Newburgh Road, on the west side of Newburgh Road, between Joy Road and Ann Arbor Trail in the Southeast 1/4 of Section 31 , pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-05-08-10 is hereby approved and granted, subject to the following conditions 1 That the Master Deed and bylaws comply with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16 04- 16 40 of the Livonia Code of Ordinances, and Article XX, Section 20 01-20 06 of Zoning Ordinance No 543, except for the fact the following shall be incorporated - That the first floor of each condominium unit shall be brick or stone, on all four (4) sides, and the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings, - That all exterior chimneys shall be brick, 2 That streetlights and sidewalks shall be installed throughout the development to the satisfaction of the Engineering Division, Regular Meeting of June 26, 2006 35794 3 In the event of a conflict between the provisions set forth in the Master Deed and bylaws and the requirements set forth in the City of Livonia Zoning Ordinance No 543, as amended, the Zoning Ordinance requirements shall prevail and petitioner shall comply with the Zoning Ordinance requirements, 4 That the petitioner shall include language in the Master Deed and bylaws or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner's property prorata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia, 5 That the brick used in the construction of each condominium unit shall be full-face four (4) inch brick, 6 That the Site Plan marked Sheet 3 dated February 10, 2006, prepared by Creative Land Planning Commission & Design and M & M Engineering, is hereby approved and shall be adhered to, 7 That a fully detailed Landscape Plan for the open space lot on the northwest corner of Newburgh Road and Quail Chase Lane shall be submitted to the Planning Commission and City Council for their review and approval, 8 That only a conforming entrance marker is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 9 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 10 That the petitioner shall correct to the Engineering Division's satisfaction the items outlined in the correspondence dated May 9, 2006, 11 That the petitioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated May 8, 2006, Regular Meeting of June 26, 2006 35795 12 That the Site Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 13 That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development; and 14 That any improvements to the City-owned property to the north shall be reviewed and approved by the Parks and Recreation Department. FURTHER, the Council does hereby waive the open space requirement set forth in the Subdivision Rules and Regulations A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Taylor and McCann NAYS Robinson The President declared the resolution duly adopted On a motion by Godfroid-Marecki, seconded by Taylor, and unanimously adopted, it was CR 325-06 RESOLVED, that in connection with Petition 2006-05-08- 10, Quail Chase Site Condominiums, the Council does hereby refer the subject of the possible rezoning of public property to the north of this development (9229 Newburgh Road), to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance On a motion by Godfroid-Marecki, seconded by Laura, and unanimously adopted, it was CR 326-06 RESOLVED, that having considered a letter from Roger and Anne Garvin, dated June 5, 2006, requesting a waiver of the sidewalk requirement in front of their home located at 9404 Houghton Street, south of Ann Arbor Road and one street east of Hix Road in the Southeast 1/4 of Section 31, and having further considered the report and recommendation of the City Engineer, dated June 19, 2006, approved for submission by the Mayor, the Council does hereby Regular Meeting of June 26, 2006 35796 approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties, 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 Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein Councilmember Taylor invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Regular Meeting of June 26, 2006 35797 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 Councilmember Taylor invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein Councilmember Taylor invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and McCann IL NAYS None Regular Meeting of June 26, 2006 35798 The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Taylor, seconded by Robinson, and unanimously adopted, it was CR 327-06 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Skyway Precision, Inc , dated May 11, 2006, covering new industrial facilities to be located within City of Livonia Industrial Development District No 101, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Skyway Precision, Inc , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted on Monday, June 5, 2006, 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, Skyway Precision, Inc , finds and determines (a) that the granting of this Industrial Facilities Exemption Certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Skyway Precision, Inc., covering new industrial facilities to be located Regular Meeting of June 26, 2006 35799 within the City of Livonia Industrial Development District No 101 for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process Applications for Industrial Facilities Exemption Certificates A communication from the Mayor, dated June 21, 2006, to Ms Amy Banninga, Project Manager of MEDC, re moving forward in the process of a formal approval for an Industrial Development District being established for GST AutoLeather at 31601 Industrial Road, was received and placed on file for the information of the Council A communication from the Department of Law, dated June 1, 2006, re request of Sam Shamie, Managing Partner, SIJL Development Co , LLC, to establish an Industrial Development District FOR GST AutoLeather, was received and placed on file for the information of the Council On a motion by Robinson, seconded by Laura, it was CR 328-06 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 2 086 acres, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 102", and WHEREAS, written notice has been given by certified mail to SIJL Development Co , LLC, of the Council's pending action on this Regular Meeting of June 26, 2006 35800 resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 102, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 102, and WHEREAS, on Monday, June 5, 2006, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 102, at which time SIJL Development Co , LLC, and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of SIJL Development Co , LLC, attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 102 " EXHIBIT A Lot 7 of "Livonia Executive Park Subdivision No 1", part of the N E 1/4 of Section 27, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, as recorded in Liber 102, Page 68, Wayne County Records Containing 2 086 acres Also known as 31601 Industrial Road, Livonia, Michigan Containing approximately 32,444 rentable square feet. A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Laura, Robinson, Taylor and McCann NAYS Godfroid-Marecki The President declared the resolution duly adopted A communication from the Department of Community Resources, dated June 19, 2006, re Local Bus Transportation System for the City of Regular Meeting of June 26, 2006 35801 Livonia, was received and placed on file for the information of the Council (CR 917-98) On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 329-06 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated June 19, 2006, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, the Council does hereby accept the proposal submitted by Parastar, Inc , 25400 W Eight Mile Road, Southfield, Michigan 48034, to perform all work required for ongoing consulting services to facilitate the development of the Livonia Community Transit Program in the amount of $23,844 00, plus an additional $50 00/hour consulting fee for services performed after start up of the Program, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $23,844 00 (and hourly consulting fees after start up of the Program) from the Unexpended Fund Balance of the Community Transit Account; FURTHER, the Council does hereby authorize said item without competitive bidding and such action is taken in accordance Section 3 04 140D2 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a Letter of Engagement/Contract with the aforesaid company, subject to the approval the Director of Community Resources and the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution ,On a motion by Knapp, seconded by Meakin, and unanimously adopted, this 1,563rd Regular Meeting of the Council of the City of Livonia was adjourned at 9 21 p m , June 26, 2006 Val Vandersloot, City Clerk