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HomeMy WebLinkAboutCOUNCIL MINUTES 2014-03-0338965 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FORTY-EIGHTH REGULAR MEETING OF MARCH 3,201 On March 3, 2014, 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 7:00 p.m. Councilmember Kritzman led the meeting with the Pledge of Allegiance. Roll was called with the following result: Brandon Kritzman, John Pastor, Brian Meakin, Laura Toy, Lynda Scheel, Susan Nash, and Maureen Miller Brosnan. Absent: None. Elected and appointed officials present: Mark Taormina, City Planner; Judy Priebe, Technical Specialist; David Lear, Assistant City Engineer; Terry Marecki, City Clerk; and Don Knapp, City Attorney. it was: On a motion by Pastor, seconded by Kritzman, and unanimously adopted, #52-14 RESOLVED, that the Minutes of the 1,747th Regular Meeting of the Council held February 19, 2014, are hereby approved as submitted. Councilmember Meakin announced the death of a former Livonia resident and World War II veteran, Hank Conrad, who served in the Coast Guard, was a member of the DAV and known to many as "Santa Claus". He requested a moment of silence in his honor. Councilmember Meakin referred to an item that Councilmember Pastor mentioned at the last meeting regarding the poor condition of Seven Mile Road. Councilmember Meakin contacted the Director of Wayne County Roads, Cindy Dingell, who came out to look and drive the road, agreed that the road was deplorable, but has no budget to fix the road. Council President Brosnan sent out letters and Councilmember Meakin heard from Alan Helmkamp declaring his support for finding money to repair the road. He also spoke to Senator Anderson and Representative John Walsh who have a bill pending to help fund municipalities with pothole repair and cost of snow removal. This is not the problem on Seven Mile Road, but it is a warranty issue where the road is falling apart. Councilmember Meakin wants to have the involvement of county and state to find funding, and feels that this job has been started. Regular Meeting Minutes of March 3, 2014 Councilmember Toy stated that if anyone sees a pothole they are encouraged to call the State (1-888-296-4546) to advise of its location, and residents can also call the Council office or the Mayor's office regarding this matter. She also mentioned that potholes are of concern on Eight Mile Road as well. During Audience Communication, Joe Neussendorfer, representing Livonia Chapter #114 of the Disabled American Veterans, 11316 Merriman Road, in conjunction with Engineers Week, presented Certificates of Commendation to the City of Livonia, Livonia Engineering Department, OHM Engineering Advisors and Florence Cement Company regarding the 2013 Old Rosedale Street Paving and Sidewalk contract; specifically, for the incorporation of innovative design and the elimination of mobility barriers at the sidewalk endings. These features greatly assist the mobility and walkability of disabled veterans, residents and visitors to this area. He also thanked the Council for approving this project. Representatives from Orchard, Hiltz & McCliment were present at the meeting and were presented their commendation by Mr. Neussendorfer. Council President Brosnan thanked Joe Neussendorfer for his thoroughness on the updates he presents to City Council on various subjects. Michael McCauliff, representing the non-profit Community Housing Network, 35425 W. Michigan Avenue, Suite 3946, Wayne, MI, wants to make the public aware of free counseling and assistance for foreclosure prevention. Council President Brosnan announced that there is a correction to Item #6 of the Consent Agenda, noting that the City of Livonia has been recognized as a Tree City USA by the National Arbor Day Foundation for the last sixteen years. On a motion by Toy, seconded by Kritzman, it was: #53-14 RESOLVED, that having considered a letter from Frank Grisa, owner of O'Malley's Bar & Grill, dated February 5, 2014, which requests permission to erect a tent to handle the over flow experienced during the St. Patrick's Day Celebration, on Monday, March 17, 2014, from 7:00 a.m. until 12:00 a.m., the Council does hereby grant and approve this request in the manner and form herein submitted. #54-14 RESOLVED, that having considered a communication from the Mayor, dated February 7, 2014, wherein he has requested approval of the reappointment of Lora Weingarden, 32941 Southgate, Livonia, Michigan 48152, to the Livonia Board of Ethics for a three-year term, which will expire on March 1, 2017, pursuant to Section 2.200.070 of the Livonia Code of Ordinances, as amended, the Council does hereby confirm and approve such reappointment. #55-14 WHEREAS, Wayne County and its communities are at risk of natural, technological and human hazards; and WHEREAS, the Disaster Mitigation Act of 2000 requires communities to have a five-year Hazard Mitigation Plan approved by the Federal Regular Meeting Minutes of March 3, 2014 38967 Emergency Management Agency (FEMA) in order to receive funds made available through certain mitigation grant programs; and WHEREAS, the Wayne County Hazard Mitigation Plan, prepared in cooperation with the Wayne County communities, identifies the hazard threats to the County and feasible mitigation projects to minimize hazard impacts; and WHEREAS, the contents of the Hazard Mitigation Plan were reviewed by, and received input from, residents and local officials representing the local units of government within Wayne County. NOW, THEREFORE, BE IT RESOLVED, that the City of Livonia City Council hereby adopts the Wayne County Hazard Mitigation Plan dated August 5, 2013 pursuant to the Code of Federal Regulations, Title 44, Chapter 1, Subchapter D, Part 201, Section 201.6.c.5. #56-14 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated February 3, 2014, 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 Direct Fitness Solutions, LLC, 600 Tower Road, Mundelein, Illinois 60060, for supplying the Department of Parks and Recreation (Community Recreation Center) with two (2) Precor EFX833 elliptical machines at $4,395.00 each for a total of $8,790.00, three (3) Precor EFX835 elliptical machines at $4,895.00 each for a total of $14,685.00, and a one-time charge for freight and installation of $1,875.00, less trade-in of $500.00 for used elliptical for a total amount not to exceed $24,850.00, from funds already budgeted in Account No. 208- 755-976-000 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 3.04.140D3 of the Livonia Code of Ordinances, as amended. #57-14 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated February 4, 2014, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a communication from Raymond Matonic, dated January 28, 2014, wherein it is indicated that Dearborn Lithograph, Inc. has agreed to extend their pricing for printing and binding the Livonia Newsletter through Summer - Fall 2015, the council does hereby approve a one-year extension of the current contract with Dearborn Lithograph, Inc., 12380 Globe, Livonia, Michigan 48150, at the same prices and materials that are now in effect; FURTHER, the Council does hereby authorize such expenditure from funds already budgeted in Account No. 101-893-886-110 (Special Activities Fund) for this purpose; FURTHER, the Council does hereby waive the City's competitive bid process for the reasons outlined in the Regular Meeting Minutes of March 3, 2014 R..: aforesaid report and recommendation and in accordance with Section 3.04.140D1 of the Livonia Code of Ordinances, as amended. #58-14 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Livonia has been recognized as a Tree City USA by The National Arbor Day Foundation for the last sixteen years and desires to continue its tree -planting practices. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members of the City Council of the City of Livonia hereby proclaim Friday, May 2, 2014, as Arbor Day in the City of Livonia, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and FURTHER, we urge all citizens to plant trees to promote the well-being of this and future generations, and we invite citizens to join in the commemoration of Arbor Day planned by the Tree City Committee at Buchanan Elementary School at 10:00 a.m. on May 2, 2014. BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Rick Snyder, State Senator Glen Anderson, State Representative John Walsh, State Representative David Knezek, the Michigan Municipal League State and Federal Affairs Division, and the Conference of Western Wayne. #59-14 WHEREAS, the City of Livonia (hereinafter the "Community") periodically applies to the County of Wayne Department of Public Services, Engineering Division Permit Office (hereinafter the "County") for permits to conduct emergency repairs and annual Regular Meeting Minutes of March 3, 2014 38969 maintenance work on local and County roads located entirely within the boundaries of the Community, as needed from time to time to maintain the roads in a condition reasonably safe and convenient for public travel. WHEREAS, pursuant to Act 51 of 1951, being MCL 247.651 et. seq., the County permits and regulates such activities and related temporary road closures. NOW THEREFORE, in consideration of the County granting such Permit, the Community agrees and resolves that: It will fulfill all Permit requirements and acknowledges that each party to this Agreement shall remain responsible for any claims arising out of their own acts and/or omissions during the performance of this Agreement, as provided by law. This Agreement is not intended to increase either party's liability for, or immunity from, tort claims. This Agreement is not intended, nor shall it be interpreted, as giving either party a right of indemnification, either by agreement or at law, for claims arising out of the performance of this Agreement. Any work performed for the Community by a contractor or subcontractor will be solely as a contractor for the Community and not as a contractor or agent of the County. Any claims by any contractor or subcontractor will be the sole responsibility of the Community. The County shall not be subject to any obligations or liabilities by vendors and contractors of the Community, or their subcontractors or any other person not a party to the Permit without its specific prior written consent and notwithstanding the issuance of the Permit. The Community shall take no unlawful action or conduct, which arises either directly or indirectly out of its obligations, responsibilities, and duties under the Permit which results in claims being asserted against or judgment being imposed against the County, and all officers, agents and employees thereof pursuant to a maintenance contract. In the event that the same occurs, for the purposes of the Permit, it will be considered a breach of the Permit thereby giving the County a right to seek and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money damages. With respect to any activities authorized by Permit, when the Community requires insurance on its own or its contractor's behalf, it shall also require that such policy include as named insured the County of Wayne and all officers, agents and employees thereof. Regular Meeting Minutes of March 3, 2014 38970 The incorporation by the County of this resolution as part of a Permit does not prevent the County from requiring additional performance security or insurance before issuance of a Permit. This resolution shall continue in force from this date until cancelled by the Community or the County with no less than thirty (30) days prior written notice to the other party. It will not be cancelled or otherwise terminated by the Community with regard to any Permit which has already been issued or activity which has already been undertaken. BE IT FURTHER RESOLVED, that the following position(s) are authorized to apply to the County of Wayne Department of Public Services Engineering Division Permit Office for the necessary Permit to work within County road right-of-way or local roads on behalf of the Community. Name Kevin L. Maillard, P.E. Todd Zilincik, P.E. Title Director of Public Works City Engineer #60-14 RESOLVED, that having considered a communication from the City Planning Commission, dated January 29, 2014, which transmits its Resolution #01-01-2014, adopted on January 28, 2014, with regard to Petition 2013-12-02-32, submitted by Jay Feldman requesting waiver use approval to Tennyson Chevrolet, on property located at 32590 Plymouth Road, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2013-12-02-32 is hereby approved and granted, subject to the following conditions: 1. That the Site Plan marked C-1 dated December 9, 2013 prepared by Alpine Engineering, Inc., is hereby approved and shall be adhered to; 2. That the number of vehicles to be displayed outdoors shall be limited to a total of forty-two (42) vehicles, and that no vehicle for sale shall be displayed closer than twenty feet (20') from the front lot line (unless waived by the Council in a separate resolution); 3. That except for what may be authorized under the Zoning Ordinance as part of a temporary sales event, any type of exterior advertising related to the sale of the vehicles designed to attract the Regular Meeting Minutes of March 3, 2014 38971 attention of passing motorists, such as promotional flags or streamers, shall be prohibited; 4. That the display of any vehicles on car lifts is strictly prohibited; 5. That there shall be no outdoor storage of auto parts, equipment, scrap material, waste petroleum products, junked, unlicensed or inoperable vehicles, or other similar items in connection with this operation; 6. That all parking spaces shall be double striped, including the provision of barrier free parking with proper signage, marking and configuration, and all regular customer spaces shall be 10 feet by 20 feet in size as required; 7. That no signs, either freestanding or wall mounted, are approved with this petition; 8. That all light poles shall be a maximum of twenty feet (20') high, including the base and all light fixtures shall be shielded to minimize glare trespassing on adjacent properties and roadways; 9. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time an occupancy permit is applied for. #61-14 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated January 29, 2014, and in connection with the approval of waiver use Petition 2013-12- 02-32, submitted by Jay Feldman in connection with a proposal to demolish an existing commercial building at 32590 Plymouth Road in order to expand a parking lot for the purpose of displaying vehicles for the existing auto dealership, Tennyson Chevrolet, at 32570 Plymouth Road, between Farmington Road and Hubbard Avenue in the Southwest 1/4 of Section 27, which property is zoned C-2, the Council does hereby waive the requirement set forth in Section 11.03(g)(2) of Zoning Ordinance No. 543, as amended, which limits the parking/display of vehicles to areas more than twenty feet from the front lot line or at the side lot line adjacent to the street; accordingly, parking/display of vehicles in such areas shall be allowed in connection with the approval of waiver use Petition 2013-12- 02-32. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Kritzman, Pastor, Meakin, Toy, Scheel, Nash, and Brosnan. NAYS: None. Regular Meeting Minutes of March 3, 2014 38972 An E-mail communication from Joseph Lizbinski, dated February 24, 2014, re: his concern with the issue of carrying a prescribed medication outside of a prescription bottle and be cited for a civil infraction, as related to proposed amendment to the Livonia Code of Ordinances (Narcotic and Dangerous Substances), was received and placed on file for the information of the Council. A communication from the Department of Law, dated February 27, 2014, re: an Administrative Response to an E-mail message received from Joseph Lizbinski, was received and placed on file for the information of the Council. Christopher Martin, 12275 Inkster Road, spoke to the Council re: concerns he has with the proposed amendment to the Livonia Code of Ordinances (Narcotic and Dangerous Substances). Dennis Kern, 11726 Deering, spoke to the Council re: his concerns with the proposed amendment to the Livonia Code of Ordinances (Narcotic and Dangerous Substances) to be intrusive. Donald Knapp, City Attorney, spoke to the Council re: explaining the purpose of the proposed amendment to the Livonia Code of Ordinances (Narcotic and Dangerous Substances) to not be intrusive on the general public taking prescribed medications, but on the abused prescription drugs that may be in the possession of a person that may be detained on a suspicious matter. Scheel gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 030, 035, 040 AND 080 TO TITLE 9, CHAPTER 30 (NARCOTIC AND DANGEROUS SUBSTANCES) 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. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. Toy gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 49 (MASSAGE) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. (CR 331-13) Regular Meeting Minutes of March 3, 2014 38973 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. Meakin gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2.08(14) OF ARTICLE II OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE". (CR 331-13) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 9.03(m) OF ARTICLE IX OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE". (CR 331-13) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. Scheel gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 10.03(m) OF ARTICLE X OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE". (CR 331-13) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 11.03(u) OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE". (CR 331-13) Regular Meeting Minutes of March 3, 2014 38974 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. Scheel gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 30.04© OF ARTICLE XXX OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE". (CR 331-13) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. President Brosnan passed the gavel to Vice President Meakin at 7:40 p.m. On a motion by Toy, seconded by Meakin, it was: #62-14 RESOLVED, that having considered a communication from the City Planning Commission, dated January 29, 2014, which transmits its resolution #01-02-2014, adopted on January 28, 2014, with regard to Petition 2014 -01 -SN -01, submitted by Pet Supplies Plus requesting permission to replace two (2) existing wall -mounted signs for the business (Pet Supplies Plus) located at 29493 Seven Mile Road, on the south side of Seven Mile Road between Middlebelt Road and Melvin Avenue in the Northeast 1/4 of Section 11, the Council does hereby approve and grant this request subject to the following conditions: 1. That the two (2) wall signs shall be installed in accordance with the Sign Plan submitted by Pet Supplies Plus, as received by the Planning Commission on January 9, 2014, except for the fact that each sign shall not exceed 75 square feet in sign area or a total of 150 square feet for both signs; 2. That this approval is subject to the petitioner being granted variances from the Zoning Board of Appeals for excessive sign area and any conditions related thereto; 3. That no LED lightband or exposed neon shall be permitted on the building or around the windows; and, 4. That the signage shall not be illuminated beyond one (1) hour after this business center closes. Regular Meeting Minutes of March 3, 2014 38975 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kritzman, Pastor, Toy, Scheel, Nash, Brosnan, and Meakin. NAYS: None. Vice President Meakin declared the resolution adopted. Vice President Meakin returned the gavel to President Brosnan at 7:41 p.m. was: On a motion by Pastor, seconded by Toy, and unanimously adopted, it #63-14 WHEREAS, the City Clerk has received an application for Industrial Facilities Exemption Certificate from Hi -Vol Products, dated January 23, 2014, covering new equipment installed at 12955 Inkster, Livonia, MI 48150 (Industrial Development District #78) for the balance of the original application which ends on December 30, 2023. 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 equipment 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 aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Livonia, after granting this certificate, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; and WHEREAS, the City Council has afforded Hi -Vol Products, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this application and said hearing having in fact been conducted at 7:00 p.m., Wednesday, February 12, 2014, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS: That the City Council, on the basis of the information received from the applicant, Hi -Vol Products, 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 equipment is to be located; and (b) Regular Meeting Minutes of March 3, 2014 38976 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 Hi -Vol Products, covering new equipment for their facility located within the City of Livonia Industrial Development District No. 78. 3. That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City Council upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Administration to negotiate such Letter of Agreement and 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 roll call vote was taken on the foregoing resolution with the following result: AYES: Kritzman, Pastor, Meakin, Toy, Scheel, Nash, and Brosnan. NAYS: None. On a motion by Pastor, seconded by Kritzman, and unanimously adopted, it was: #64-14 WHEREAS, the City Clerk has received an application for Industrial Facilities Exemption Certificate from Hi -Vol Products, covering new equipment installed at 12955 Inkster, Livonia, MI 48150 (Industrial Development District #78). 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 equipment 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 aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Livonia, after granting this certificate, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; and Regular Meeting Minutes of March 3, 2014 38977 WHEREAS, the City Council has afforded Hi -Vol Products, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this application and said hearing having in fact been conducted at 7:00 p.m., Wednesday, February 12, 2014, 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, Hi -Vol Products, 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 equipment 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 Hi -Vol Products, covering new equipment for their facility located within the City of Livonia Industrial Development District No. 78, 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 Council upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Administration to negotiate such Letter of Agreement and 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 roll call vote was taken on the foregoing resolution with the following result: AYES: Kritzman, Pastor, Meakin, Toy, Scheel, Nash, and Brosnan. NAYS: None. Regular Meeting Minutes of March 3, 2014 was: 38978 On a motion by Pastor, seconded by Toy, and unanimously adopted, it #65-14 RESOLVED, that having considered a communication from the Superintendent of the Department of Parks & Recreation, dated February 3, 2014, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various cash and in-kind donations from the sources indicated therein; FURTHER, the Council does hereby appropriate and credit the amount of $2,450.00, representing the total cash donations, to Account No. 208-000-690-010, for the purposes as designated by the donors. Lyle Trudell, Department of Parks and Recreation, asked that the donations be accepted and wished to recognize the various people that gave support to the Parks and Recreation Department. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kritzman, Pastor, Meakin, Toy, Scheel, Nash, and Brosnan. NAYS: None. There was no Audience Communication at the end of the meeting. On a motion by Scheel, seconded by Toy, and unanimously adopted, this 1,748th Regular Meeting of the Council of the City of Livonia was adjourned at 7:47 p.m. Ter A. arecki, City Clerk