Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 2011-10-19 38036 MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETY FIRST REGULAR MEETING OF OCTOBER 19, 2011 On October 19, 2011, 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 14 p m Vice President Laura led the meeting with the Pledge of Allegiance Roll was called with the following result: Joe Laura, Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, and James McCann Absent: None Elected and appointed officials present: Todd Zilincik, City Engineer; Scott Miller, Planner IV, Judy Priebe, Technical Specialist; Don Knapp, City Attorney; Terry Marecki, City Clerk; former Councilmember Thomas Robinson, and Mayor Jack Kirksey On a motion by Toy, seconded by Pastor, and unanimously adopted, it was #324-11 RESOLVED, that the Minutes of the 1,690th Regular Meeting of the Council held October 5, 2011, are hereby approved as submitted Meakin wished a Happy Anniversary to his wife, Colleen, and indicated they will celebrate their 18th wedding anniversary on Sunday, October 23rd Mayor Kirksey addressed Council to announce he was pleased to inform Council Trinity Health will be consolidating its two corporate headquarter locations from Novi and Farmington Hills to Livonia in the Victor Corporate Center located at 20255 and 20555 Victor Parkway, which will result in 1,400 jobs being moved to the City of Livonia During Audience Communication, Christopher Martin, 12275 Inkster Road, addressed Council to express his concern about negative campaign literature that was mailed to residents concerning two Council candidates who are running in the November election and indicated he felt anonymous literature should be disregarded by residents Regular Meeting Minutes of October 19, 2011 38037 A communication from the Department of Finance, dated September 20, 2011, re forwarding various financial statements of the City of Livonia for the month ending August 31, 2011, was received and placed on file for the information of the Council A communication from the Department of Finance, dated September 26, 2011, re forwarding the Quarterly Investment Report for the City of Livonia as of August 31, 2011, was received and placed on file for the information of the Council On a motion by Toy, seconded by Meakin, it was #325-11 RESOLVED, that having considered a communication from the City Clerk, dated September 20, 2011, forwarding an application submitted by Basilia Curton, 26685 Tawas St., Madison Heights, Michigan 48071, for a massage apprentice permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #326-11 RESOLVED, that having considered a communication from the City Clerk, dated September 20, 2011, forwarding an application submitted by Yueh-Chien Chen, 41172 Northwind Drive, Canton, Michigan 48188, for a massage apprentice permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #327-11 RESOLVED, that having considered a communication from the City Clerk, dated July 11, 2011, forwarding an application submitted by Xiao Hong Xu, 23240 Brentwood Dr , Brownstown, Michigan 48183, for a massage apprentice permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #328-11 RESOLVED, that having considered a communication from the Mayor, dated September 28, 2011, the Council does hereby approve of and concur in the reappointment of Lynda Scheel, 19980 Regular Meeting Minutes of October 19, 2011 38038 Mayfield, Livonia, Michigan 48152, to the Livonia Brownfield Redevelopment Authority for a term of three years, which will expire on November 24, 2014 #329-11 RESOLVED, that having considered a communication from the Mayor, dated September 28, 2011, the Council does hereby approve of and concur in the reappointment of Joe Taylor, 36734 Sunnydale, Livonia, Michigan 48154, to the Livonia Brownfield Redevelopment Authority for a term of three years, which will expire on November 24, 2014 #330-11 RESOLVED, that having considered a communication from the Mayor, dated September 28, 2011, the Council does hereby approve of and concur in the reappointment of Jack Engebretson, 18871 Comstock, Livonia, Michigan 48152, to the Livonia Brownfield Redevelopment Authority for a term of three years, which will expire on November 24, 2014 #331-11 RESOLVED, that having considered a communication from Ashley V Krueger, Secretary, Livonia Brownfield Redevelopment Authority, dated September 15, 2011, approved for submission by the Mayor, which transmits resolution numbers 02-11 and 03-11, adopted by the Livonia Brownfield Redevelopment Authority on September 12, 2011, wherein it is requested that the Council amend Article II, Section imp 6, and Article III, Section 2 of the Livonia Brownfield Redevelopment Authority Bylaws, the Council does hereby approve such request and Article II, Directors, Section 6, Meetings, and Article III, Officers, Section 2, Nomination, Election and Term of Office, are hereby amended to read as follows ARTICLE II Directors Section 6 Meetings The Brownfield Board shall adopt a schedule of regular meetings Said meetings of the Brownfield Board may be called by or at the request of the Chairperson of the Brownfield Board or any two Directors The meetings of the Brownfield Board shall be public, and the appropriate notice of such meetings shall be provided to the public The Brownfield Board shall hold an annual meeting at which time officers of the Brownfield Board shall be elected as provided in Article III, Section 2 ARTICLE III Officers Section 2 Nomination, Election, and Term of Office The Brownfield Board at the annual meeting shall elect the officers of the Authority Candidates shall be nominated by a nominating committee composed of three members appointed by the Chairperson The term Regular Meeting Minutes of October 19, 2011 38039 of each office shall be for one (1) year Each officer shall hold office until his/her successor is elected #332-11 RESOLVED, that having considered a communication from the Director of Community Resources, the Superintendent of Public Service - Environment & Utilities and the Director of Public Works, dated September 21, 2011, 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 one (1) 2012 Ford E350 15 passenger Club Wagon from Gorno Ford, 22025 Allen Road, Trenton, Michigan 48138, in the amount of $63,895 00 for Community Transit from funds already budgeted in Account No 218-889-985-000 (Community Transit Fund - Capital Outlay) for this purpose, FURTHER, the Council does hereby determine to authorize this purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071B8200138), and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #333-11 WHEREAS, Section 13(9), of Act 51, Public Acts of 1951 provided that each incorporated City and Village to which funds are returned under the provisions of this Section, that, "the responsibility for street improvements, maintenance, and traffic operations work, and the development, construction, or repair of off-street parking facilities and construction or repair of street lighting shall be coordinated by a single administrator to be designated by the governing body who shall be responsible for and shall represent the municipality in transactions with the State Transportation Department pursuant to this act", THEREFORE, BE IT RESOLVED, that the Council does hereby designate City Engineer, Todd J Zilincik, P E , as the single Street Administrator for the City of Livonia in all transactions with the State Transportation Department as provided in Section 13 of the Act. #334-11 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service — Environment and Utilities, dated October 3, 2011, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract between the City of Livonia and A.K. Equipment, Inc , 7254 Quincy Street, Zeeland, Michigan 49464, to complete all work required in connection with the construction of the awning and end walls for the City's salt storage at the existing transfer station in an amount not to exceed $27,396 00, FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $27,396 00 from the Unexpended Fund Balance of the Local Road Fund (203) for Regular Meeting Minutes of October 19, 2011 38040 this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; 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 04 140 D 4 of the Livonia Code of Ordinances, as amended #335-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 27, 2011, which bears the signature of the Director of Public Works and the Director of Finance, and is approved for submission by the Mayor, the Council does hereby approve the 2012 Road Repair Program as proposed by the Department of Public Works and reviewed by the Citizens Advisory Committee on Roads and shown in Attachment 1 of the aforesaid report. #336-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 28, 2011, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, wherein approval is requested to extend and amend the existing contracts (previously authorized in Council Resolution Nos 260-10 and 379-10) for design and construction engineering services for the 2012 Concrete and Asphalt Paving Programs, the Council does hereby determine as follows • To authorize the Mayor and the City Clerk to execute an amendment to the Engineering contract with Orchard, Hiltz & McCliment, Inc , 34000 Plymouth Road, Livonia, Michigan 48150, in the amount of $255,809 00 ($82,965 00 for Design Engineering and $172,844 00 for Construction Engineering for the Asphalt Program), • To authorize the Mayor and the City Clerk to execute an amendment to the Engineering contract with Anderson, Eckstein and Westrick, Inc , 51301 Schoenherr Road, Shelby Township, Michigan 48315, in the amount of $275,412 00 ($89,323 00 for Design Services and $186,089 00 for Construction Engineering Services for the Concrete Program), said amounts being based on the preliminary construction cost estimates and subject to adjustment based on actual bids, • To authorize an expenditure in the amount of $531,221 00 from budgeted funds from the Road, Sidewalk and Tree Fund, Account No 204-441-818-102, and • To authorize the City Engineer to approve minor adjustments in the work, as required Regular Meeting Minutes of October 19, 2011 38041 #337-11 RESOLVED, that having considered a communication from the City Planning Commission, dated September 26, 2011, which transmits its resolution 09-52-2011, adopted on September 20, 2011, with regard to Petition 2011-08-03-02 submitted by Lormax Stern Development Company, to determine whether or not to vacate part of an existing drain easement on property located at the Livonia Marketplace at the Northwest corner of Seven Mile Road and Middlebelt Road in the Southeast 1/4 of Section 2, which property is zoned C-2 and P, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve said Petition 2011-08-03-02 and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann NAYS None A communication from Jack Holmes, 11637 Cavell Street, received in the Office of the City Clerk on August 11, 2011, re stating his agreement and support with vacating the alley between Cavell and Arcola, was received and placed on file for the information of the Council (CR 257-08) A communication from Daniel West, 11640 Cavell Street, received in the Office of the City Clerk on August 11, 2011, re stating his agreement and support with vacating the alley between Cavell and Arcola, was received and placed on file for the information of the Council (CR 257-08) A communication from the Engineering Division, dated October 17, 2011, re additional information in opposition to the vacation of the alley between Cavell and Arcola, was received and placed on file for the information of the Council (CR 257-08) On a motion by Toy, seconded by Brosnan, and unanimously adopted, it was Regular Meeting Minutes of October 19, 2011 38042 #338-11 RESOLVED, that having considered a communication from the Committee of the Whole, dated August 9, 2011, submitted pursuant to Council Resolution 257-08, and a communication from the City Planning Commission, dated May 16, 2008, which transmits its resolution 05-37-2008, adopted on May 13, 2008, with regard to Petition 2008-04-03-01 submitted by the City Planning Commission, pursuant to Council Resolution 216-07, and Section 12 08 015(A) of Livonia Code of Ordinances of the City of Livonia, as amended, to determine whether or not to vacate the east/west alley adjacent to Lots 28 through 40, Lot 201 and Lot 290 and the adjacent vacated north/south alley in Schanhite's Marquette Manor Subdivision, located north of and parallel to Plymouth Road between Cavell and Arcola in the Southeast '/ of Section 25, which property is zoned R-1, C-2 and P, the Council does hereby determine to take no further action with regard to this matter A communication from the Department of Finance, dated August 23, 2011, re retiree health insurance, was received and placed on file for the information of the Council (CR 247-11 and CR 248-11) A communication containing the City of Livonia Preliminary Budget Documents for Fiscal Year 2011-2012, received on September 15, 2011, was received and placed on file for the information of the Council (CR 247-11 and CR 248-11) A communication containing the Supplement to the City of Livonia Preliminary Budget for Fiscal Year 2011-2012 with Personnel Worksheets, received on September 15, 2011, was received and placed on file for the information of the Council (CR 247-11 and CR 248-11) On a motion by Pastor, seconded by Schwartz, and unanimously adopted, it was #339-11 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 0447 mills, of the taxable valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 2011, and ending November 30, 2012, and in addition to the above amount which Regular Meeting Minutes of October 19, 2011 38043 is authorized to be levied for general purposes by the Charter of the City of Livonia (a) The Council does hereby establish a tax levy of 8088 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (b) The Council does hereby establish a tax levy of 1 2134 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (c) The Council does hereby establish a tax levy of 1 7000 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police and fire personnel and support costs in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (d) The Council does hereby establish a tax levy of 8088 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for library services, supplies and facilities in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (e) The Council does hereby establish a tax levy of 0121 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 359 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City Regular Meeting Minutes of October 19, 2011 38044 of Livonia, in addition to the amount which is authorized to be levied for general municipal purposes, (f) The Council does hereby establish a tax levy of 1 8767 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 298 of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (g) The Council does hereby establish a tax levy of 4979 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, in addition to the amount authorized to be levied for general municipal purposes, (h) The Council does hereby establish a tax levy of 7855 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for a community recreation center, recreation personnel, equipment, supplies, facilities and operations, in addition to the amount authorized to be levied for general municipal purposes, (i) The Council does hereby establish a tax levy of 8893 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees in the City of Livonia, in addition to the amount to be levied for general municipal purposes, (j) The Council does hereby establish a tax levy of 5000 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for the City's community transit program and capital improvements within the City of Livonia, in addition to the amount to be levied for general municipal purposes, (k) The Council does hereby establish a tax levy of 2500 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, Regular Meeting Minutes of October 19, 2011 38045 pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for staff, maintenance, and support costs for cultural and senior services in the City, including the Livonia Senior Center and Greenmead Historical Village, in addition to the amount authorized to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices On a motion by Schwartz, seconded by Pastor, it was RESOLVED, that the Council hereby determines that, effective January 1, 2012, all newly elected Councilmembers only shall be responsible to pay for 50 percent of the cost of health insurance, optical and dental benefits provided by the City Leo Neville, 15957 Ingram, addressed Council to express his agreement and support of the proposal offered by Councilmember Brosnan and felt the same rules should apply to everyone and indicated his belief that all members of Council should pay 50% of the cost for their health insurance coverage while serving the City Christopher Martin, 12275 Inkster Road, addressed Council to express he agreed with the proposal outlined by Councilmember Brosnan and encouraged all members of Council to embrace the opportunity to show the community their commitment to the City Thomas Robinson, former Councilmember, addressed Council and indicated the subject matter was discussed at length at a recent Candidates' Night and he believed all City employees should be treated equally and offered his support of Councilmember Brosnan's proposal to have all members of Council pay 50% of the cost for their health insurance benefits On a motion by Brosnan, seconded by Laura, the following substitute motion was made RESOLVED, that the Council hereby determines that, effective January 1, 2012, all Councilmembers shall be responsible to pay for 50 percent of the cost of health insurance, optical and dental benefits provided by the City A roll call vote was then taken to allow the motion to substitute with the following result: Regular Meeting Minutes of October 19, 2011 38046 AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann NAYS None The President declared the motion to substitute passed President McCann passed the gavel to Vice President Laura at 8 45 p m to speak to the issue On a motion by Brosnan, seconded by Laura, a roll call vote was then taken on the substitute resolution, as follows #340-11 RESOLVED, that the Council hereby determines that, effective January 1, 2012, all Councilmembers shall be responsible to pay for 50 percent of the cost of health insurance, optical and dental benefits provided by the City with the following result: AYES Toy, Brosnan, Schwartz, Pastor, Meakin, McCann, and Laura NAYS None Vice President Laura declared the substitute resolution adopted Vice President Laura returned the gavel to President McCann at 8 50 p m On a motion by Pastor, seconded by Meakin, and unanimously adopted, it was #341-11 RESOLVED, that the Council hereby determines that the Annual Budget for the fiscal year as submitted by the Mayor for the next fiscal year commencing December 1, 2011, and ending November 30, 2012, as shown in the Budget Document in Section I, submitted by the Mayor to the Council on September 15, 2011, pursuant to Section 3, Chapter VII of the City Charter, be and hereby is determined and adopted, provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative reporting purposes, and Council approval is required for any modification to the amounts shown in Section I, and that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 3, 2011, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, Regular Meeting Minutes of October 19, 2011 38047 on September 18, 2011, and provided further that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the minutes of this meeting On a motion by Laura, seconded by Toy, and unanimously adopted, it was #342-11 RESOLVED, that the Council does hereby refer the subject of the Legislative Affairs Director to the Committee of the Whole for its report and recommendation A communication from Jennifer Bouchard, 27427 Long Street, dated September 15, 2011, re expressing her objection to the proposed SDD liquor license transfer for Garden Party Store located at the Southwest corner of Grand River Avenue and Inkster Road (27405 Grand River Avenue), was received and placed on file for the information of the Council (Petition 2011-08-02-11) A communication from Gina Posler, 27431 Long Street, dated September 15, 2011, re expressing her objection to the proposed SDD liquor license transfer for Garden Party Store located at the Southwest corner of Grand River Avenue and Inkster Road (27405 Grand River Avenue), was received and placed on file for the information of the Council (Petition 2011-08-02-11) Three separate communications from Rose Fadel, Linda O'Neil, and Steve Kandt, received in the Office of the City Clerk on October 14, 2011, re expressing their support of the proposed SDD liquor license transfer for Garden Party Store located at the Southwest corner of Grand River Avenue and Inkster Road (27405 Grand River Avenue), were received and placed on file for the information of the Council (Petition 2011-08-02-11) A communication from Ricky Deligny, 27432 Long Street, received in the Office of the City Clerk on October 14, 2011, re expressing his support of the Regular Meeting Minutes of October 19, 2011 38048 proposed SDD liquor license transfer for Garden Party Store located at the Southwest corner of Grand River Avenue and Inkster Road (27405 Grand River Avenue), was received and placed on file for the information of the Council (Petition 2011-08-02-11) A communication from Keith A. Bradley, 27428 Long Street, received in the Office of the City Clerk on October 14, 2011, re expressing his support of the proposed SDD liquor license transfer for Garden Party Store located at the Southwest corner of Grand River Avenue and Inkster Road (27405 Grand River Avenue), was received and placed on file for the information of the Council (Petition 2011-08-02-11) On a motion by Laura, seconded Brosnan, and unanimously adopted, it was #343-11 RESOLVED, that having considered a communication from the City Planning Commission, dated September 26, 2011, which transmits its resolution 09-51-2011, adopted on September 20, 2011, with regard to Petition 2011-08-02-11, submitted by N H Enterprises, Inc requesting waiver use approval to utilize an SDD liquor license (sale of packaged spirits over 21% alcohol) in connection with a party store (Garden Party Store), on property located on the Southwest corner of Grand River Avenue and Inkster (27405 Grand River Avenue), in the Northeast '/4 of Section 1, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2011-08-02-11 is hereby approved and granted, subject to the following condition 1 That public access to SDD products shall be restricted, as stipulated in Section 11 03(R)(4) of the Zoning Ordinance FURTHER, the Council does hereby waive the 1,000 foot separation requirement between existing SDD licensed establishments set forth in Section 11 03(R)(1) of the Zoning Ordinance John Carlin, Attorney, 2855 Coolide Highway, Troy, Michigan, was present on behalf of the Petitioner to answer any questions of Council and indicated it was a pleasure working with the Council and Mayor Regular Meeting Minutes of October 19, 2011 38049 On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #344-11 WHEREAS, the City Clerk has received an application for an Industrial Facilities Exemption Certificate from Kathy L. Oleski, Chief Financial Officer, Applied Process, Inc , dated September 6, 2011, covering new industrial facilities to be located within City of Livonia Industrial Development District No 35, 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 Applied Process, 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 pm , Monday, October 10, 2011, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Livonia after granting these certificates 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 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, Applied Process, 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 this Application for Industrial Facilities Exemption Certificate from Applied Process, Inc , covering new equipment for their facility located within the City of Livonia Industrial Development District No 35, for 12 years Regular Meeting Minutes of October 19, 2011 38050 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 this Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facilities Exemption Certificates On a motion by Brosnan, seconded by Toy, and unanimously adopted, it was #345-11 RESOLVED, that the City Council does hereby refer the subject matter of the tax abatement grid and guidelines to the Committee of the Whole for its report and recommendation A communication from Kucyk, Soave & Fernandes, P L L.0 , dated October 18, 2011, re requesting the subject matter of proposal to rezone property located on the west side of Henry Ruff Road between Schoolcraft Road and Lyndon Avenue (14341 Henry Ruff) be removed from the Regular Agenda, was received and placed on file for the information of the Council (Petition 2011-07-01-03) At the direction of the Chair, Agenda Item #18 was removed from the Agenda (Petition 2011-07-01-03) On a motion by Pastor, seconded by Meakin, and unanimously adopted, it was #346-11 WHEREAS, the City of Livonia meets the definition of an "Eligible Local Assessing District" under PA 328 of 1998, Section 7(g), by virtue of containing an eligible distressed area as defined by Section 7(0(i), in accordance with PA 346 of 1966, Section 11, and WHEREAS pursuant to PA 198 of 1974, as amended, after a duly noticed public hearing, the City Council of the City of Livonia, established Livonia Industrial Development District No 94, on February 13, 2008, for property at 33375 Glendale, thereby creating an "eligible district" for purposes of Act 328 of 1998, as amended (the "Act"), and Regular Meeting Minutes of October 19, 2011 38051 WHEREAS Washers, Inc (d/b/a Alphausa or Alpha Stamping Company), a Michigan corporation and an eligible business under the Act, has filed an application for Exemption of New Personal Property to be located in the referenced eligible district; and WHEREAS before acting upon said application the City Council of the City of Livonia held a public hearing on the 19th day of October, 2011, at 7 00 p m in Livonia City Hall at 33000 Civic Center Drive, Livonia, Michigan, at which the Applicant, City Assessor and a representative of the affected taxing units were given written notice and were afforded an opportunity to be heard on said Application, WHEREAS, the exemption of new personal property for Washers, Inc (d/b/a Alphausa or Alpha Stamping Company) shall have the effect of increased employment for the City of Livonia, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia, on the basis of the information received from the applicant, Washers, Inc (d/b/a Alphausa or Alpha Stamping Company) finds and determines (a) that the granting of this Exemption of New Personal Property 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 personal property is to be located, and (b) the applicant has fully complied with the requirements of Act 328 of 1998, as amended BE IT FURTHER RESOLVED THAT the City Council of the City of Livonia hereby approves the application of Washers, Inc (d/b/a Alphausa or Alpha Stamping Company), for the Exemption of New Personal Property to be installed in the referenced eligible district; and BE IT FURTHER RESOLVED THAT if the owner or lessee of a facility for which an Exemption of New Personal Property under the Act is in effect relocates that facility outside of the eligible district during the period in which the Exemption is in effect, the owner or lessee is liable to the City from which it is leaving, upon relocating, for an amount to be determined in accordance with a Letter of Agreement executed between Washers, Inc (d/b/a Alphausa or Alpha Stamping) and the City of Livonia If the City determines that it is in its best interest, the City may forgive the liability of the owner or lessee under the terms of the Letter of Agreement. The payment provided for in the Letter of Agreement shall be distributed in the same manner as property taxes are distributed BE IT FURTHER RESOLVED THAT the New Personal Property Exemption when issued shall be, and remain in force and effect for a period of 7 years, beginning on or about November 1, 2011, and ending October 31, 2018 Regular Meeting Minutes of October 19, 2011 38052 BE IT FURTHER RESOLVED THAT Washers, Inc (d/b/a Alphausa or Alpha Stamping Company) shall file with the City Assessor two (2) personal property statements each year one statement for Exempt New Personal Property and one statement for all other personal property; and BE IT FURTHER RESOLVED THAT the Application submitted by Washers, Inc (d/b/a Alphausa or Alpha Stamping Company) is for an Exemption of New Personal Property that will be located in the following described parcel of real estate situated within the City of Livonia, in Industrial Development District No 94, established on February 13, 2008 Part of the NW 1/4 of Section 27, T1 S, R9E, beginning North 0 degrees 21 minutes 10 seconds East, 49 50 feet and South 89 degrees 12 minutes 30 seconds East, 100 feet from West 1/4 corner of Section 27, thence North 2 degrees 22 minutes West, 420 63 feet, thence South 89 degrees 12 minutes 30 seconds East, 389 50 feet, thence South 0 degrees 21 minutes 10 seconds West, 420 feet, thence North 89 degrees 12 minutes 30 seconds West, 369 50 feet to the point of beginning 3 66 acres BE IT FINALLY RESOLVED that the City Clerk shall cause the Application for Exemption of New Personal Property to be completed and shall take all the steps necessary to insure that the completed application and a copy of this Resolution are filed with the State Tax Commission in a timely fashion On a motion by Toy, seconded by Schwartz, and unanimously adopted, it was #347-11 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated October 3, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 4297 10/11, wherein the Board concurs in the recommendation made by the Superintendent of Public Utilities and the Director of Public Works, dated September 27, 2011, the Council does hereby approve the payment of $40,000 00 to Sinacola and Howard, Inc , 30380 South Hill Court, New Hudson, Michigan 48165-9711, for completing all work required in connection with the emergency repair and replacement of a 15-inch sanitary sewer main at 34766 Standish Street; FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $40,000 00 from Account No 592-559-818-000 (Water and Sewer Fund) for this purpose, FURTHER, the Council does hereby authorize Regular Meeting Minutes of October 19, 2011 38053 this work without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance Section 3 04 140 D 1 of the Livonia Code of Ordinances, as amended There was no Audience Communication at the end of the meeting Toy announced Dianne Laura, a School Board candidate for the Livonia Public Schools, was present in the audience and thanked her for attending the meeting On a motion by Meakin, seconded by Schwartz, and unanimously adopted, this 1,691st Regular Meeting of the Council of the City of Livonia was adjourned at 9 08 p m f.-N (L- )L{ t_ Ct' Terry A.Oarecki, City Clerk