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HomeMy WebLinkAboutCOUNCIL MINUTES 2011-08-24 37974 MINUTES OF THE ONE THOUSAND SIX HUNDRED EIGHTY SEVENTH REGULAR MEETING OF AUGUST 24, 2011 On August 24, 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 00 p m Vice President Laura led the meeting with the Pledge of Allegiance Roll was called with the following result: Joe Laura, Laura Toy, Conrad Schwartz, John Pastor, Brian Meakin, and James McCann Absent. Maureen Miller Brosnan Elected and appointed officials present: Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don Knapp, City Attorney; Terry Marecki, City Clerk, Jim Inglis, Housing Director; Thomas Robinson, former Councilmember; and Mayor Jack Kirksey On a motion by Pastor, seconded by Meakin, it was #251-11 RESOLVED, that the Minutes of the 1,686th Regular Meeting of the Council held August 8, 2011, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Schwartz, Pastor, Meakin, and McCann NAYS None PRESENT Laura Meakin wished a Happy Birthday to his daughter, Kellianne, who he indicated turned 15 years old today and stated she was away at Band Camp for Churchill High School Meakin also extended Happy Birthday wishes to City Clerk, Terry Marecki Pastor wished a Happy Birthday to State Representative John Walsh, who he indicated turned 49 years old last week. Regular Meeting Minutes of August 24, 2011 37975 Toy announced former Wayne County Commissioner Mary Dumas passed away earlier in the week and her family will host a Memorial Service on Saturday, August 27th at the Harris Funeral Home on Farmington Road Toy stated Ms Dumas was a Wayne County Commissioner for many years where she started the "Scared Straight" Program for the County and indicated she would be sadly missed by all Toy requested a moment of silence to honor the passing of Ms Dumas During Audience Communication, Scott Morgan, President of the Livonia Police Officers Association, addressed Council to invite community members and residents to join them in a fundraiser for the Police Honor Guard Officer Morgan stated the Association would be hosting a golf outing on Thursday, September 8, 2011, starting at 8 30 a m at Fox Creek and would include breakfast, lunch and dinner together with a round of golf Officer Morgan indicated donations raised will go to local charitable organizations and help send the Honor Guard team to Washington, D C , to honor fallen officers Officer Morgan indicated the fee for the event is $100 00 and provided the website of www.livoniapoa.com and the telephone number of (734) 466-2363 for residents who are interested in the event to obtain further information Christopher Martin, 12275 Inkster Road, addressed Council to thank all of the residents who voted for him in the August Primary Election and encouraged all remaining Council candidates to attend Council meetings and get involved A communication from the Department of Law, dated August 5, 2011, re Linda Lott and Robert Lott v City of Livonia, Wayne County Circuit Court Case No 10-013917-CZ, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Schwartz, it was #252-11 RESOLVED, that having considered an application from Karen L. Werden, 19651 Flamingo, dated July 11, 2011, requesting permission to close Flamingo Boulevard between St. Martins and Bretton on Saturday, September 10, 2011, from 2 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 Sunday, September 11, 2011, in the event of inclement weather the action taken herein being made subject to the approval of the Police Department. #253-11 RESOLVED, that having considered an application from Christine Flannigan and Karen Bradford, 35427 Oakdale and 35401 Oakdale, dated July 15, 2011, requesting permission to close Oakdale between Wayne Road and Ronnie on Saturday, August 27, 2011, from Regular Meeting Minutes of August 24, 2011 37976 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, the action taken herein being made subject to the approval of the Police Department. #254-11 RESOLVED, that having considered an application from Dawn Nowicki, 30905 Orangelawn, dated July 18, 2011, requesting permission to close Orangelawn, between Dalhay and Sunset on Saturday, August 27, 2011, from 12 00 p m 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. #255-11 RESOLVED, that having considered an application from Denise Justice, 32449 Washington, dated July 29, 2011, requesting permission to close Washington between Hubbard and Indiana on Saturday, September 10, 2011, from 12 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, September 24, 2011, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #256-11 RESOLVED, that having considered an application from Caren Shatter, 15642 Sussex, dated August 8, 2011, requesting permission to close Sussex between Sherwood and Fitzgerald on Saturday, September 10, 2011, from 1 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 Sunday, September 11, 2011, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #257-11 RESOLVED, that having considered a letter from Kevin Murphy, Athletic Director, Clarenceville High School, dated August 1, 2011, the Council does hereby approve and recognize the Clarenceville High School Homecoming Parade to be held on Friday, September 30, 2011, beginning at 5 30 p m , FURTHER, the Council does hereby approve the parade route as follows Exit the west driveway of Botsford Elementary and travel north on Brentwood to Pembroke, west on Pembroke to Weyher,-south on Weyher to St. Martins, west on St. Martins to Parkville, north on Parkville to Bretton, west on Bretton to Middlebelt, and north on Middlebelt to the Clarenceville Middle School parking lot; FURTHER, the Council does hereby request that the Wayne County Department of Public Services allow the City of Livonia to close the Regular Meeting Minutes of August 24, 2011 37977 necessary roads between the hours of 5 00 p m and 8 00 p m or until the roads are returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, as to Wayne County only; and that Police Officer Keith Schoen is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia #258-11 RESOLVED, that having considered a letter from Dorothy Roberts, Philanthropy and Fundraising Event Manager, Marycrest Manor, dated July 29, 2011, the Council does hereby take this means to indicate that Marycrest Manor is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording Marycrest Manor an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute #259-11 RESOLVED, that having considered a letter from Patricia A. Fritsch, Blue Cross Blue Shield of Michigan, dated July 18, 2011, which requests permission to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, as amended, to allow a low volume sound system to be used at Rotary Park Pavilion 1 and 2 from approximately 8 00 a m until 2 00 p m in connection with their Divisional Team Building Annual Meeting for Blue Cross Blue Shield of Michigan scheduled for Friday, September 16, 2011, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances between the hours of 8 00 a m and 2 00 p m in connection with this event to be held on Friday, September 16, 2011 #260-11 RESOLVED, that having considered a letter from Enrico E Soave, Esq , dated August 8, 2011, which requests permission to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, as amended, to allow a private outdoor tent event at Doc's Sports Retreat, LLC, located at 19265 Victor Parkway, scheduled for Friday, September 30, 2011, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances between the hours of 3 00 p m and 11 30 p m in connection with this event scheduled for Friday, September 30, 2011 #261-11 RESOLVED, that having considered a communication from the City Clerk, dated August 2, 2011, forwarding an application -submittethby__Fawne Peterson- 11338 Hemingway, RedfoTd, Michigan 48239, for a massage therapist 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 Regular Meeting Minutes of August 24, 2011 37978 #262-11 RESOLVED, that having considered a communication from the City Clerk, dated August 2, 2011, forwarding an application submitted by Chad A. D'Aigle, 21040 Woodland Glen Drive, #103, Northville, Michigan 48167, 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 #263-11 RESOLVED, that having considered a letter from Rino Soave, Infinity Construction Services, LLC, dated July 15, 2011, requesting a waiver of the sidewalk requirement in front of 20015 Hubbard, and having further considered the report and recommendation of the City Engineer, dated July 22, 2011, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to the lack of any other public sidewalks existing within the neighboring area, 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 #264-11 RESOLVED, that having considered a letter from Rino Soave, Infinity Construction Services, LLC, dated July 15, 2011, requesting a waiver of the sidewalk requirement in front of 18240 Laurel, and having further considered the report and recommendation of the City Engineer, dated July 22, 2011, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to the lack of any other public sidewalks existing within the neighboring area, 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 #265-11 RESOLVED, that having considered a letter from Rino Soave, Infinity Construction Services, LLC, dated July 15, 2011, requesting a waiver of the sidewalk requirement in front of 18250 Laurel, and having further considered the report and recommendation of the City Engineer, dated July 22, 2011, approved for submission by the Mayor, the Council does-hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to the lack of any other public sidewalks existing within the neighboring area, 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 Regular Meeting Minutes of August 24, 2011 37979 A communication from the Office of the Mayor, dated August 2, 2011, re Administrative Response to CR 112-11 — subject of developing a policy on recognition signs, was received and placed on file for the information of the Council (CR 57-11) #266-11 RESOLVED, that having considered a communication from the Human Resources Director, dated July 25, 2011, approved for submission by the Mayor, which transmits Resolution 11-66 adopted by the Civil Service Commission on July 20, 2011, wherein the Commission has approved a reduction in pay rates for Seasonal Laborers, effective January 1, 2012, which rate reductions are as follows Seasonal Laborer I Current Rate First Season $9 00 New Rate First Season $8 50 Current Rate Second Season $9 25 New Rate Second Season $8 75 Seasonal Laborer II Current Rate First Season $9 25 New Rate First Season $8 75 Current Rate Second Season $9 50 New Rate Second Season $9 00 the Council does hereby concur in and approve of the aforesaid action #267-11 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated July 27, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits its resolution WS 4252 7/11, the Council does hereby authorize purchases from East Jordan Iron Works, 13001 Northend Avenue, Oak Park, Michigan 48237, for stormwater, water main and sanitary manhole related items in an amount not to exceed $60,000 00 annually; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $60,000 00 from funds already budgeted in Account Nos 592-559- 787-060 (Water Valves & Gate Wells), 592-559-787-050 (Water Main Supply), 592-559-787-070 (Hydrant Supply), and 592-559-796-000 (Sanitary Supply) for this purpose, FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is - taken in accordance with Secttan 3 04 140-D-4 of-the Livonia Code of _ Ordinances, as amended #268-11 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated July 20, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits Water and Regular Meeting Minutes of August 24, 2011 37980 Sewer Board resolution WS 4251 7/11, the Council does hereby approve the bid of Hydro Meter Systems, 260 W Montcalm, Pontiac, Michigan 48342, for the testing and repair of large commercial and industrial water meters for a two (2) year period in a total amount not to exceed $19,899 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $19,899 00 from funds already budgeted in Account No 592-559-818- 000 (Water and Sewer Contractual Services) for this purpose, 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 #269-11 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Municipal Services and the Director of Public Works, dated July 27, 2011, which bears the signature of the Director of Finance, is approved by the City Attorney and approved for submission by the Mayor, the Council does hereby authorize the purchase of 40 cases of Altosid XR Briquettes from Clarke Mosquito Control, 159 Garden Avenue, Roselle, Illinois 60172, for the 2011 Mosquito Treatment Program in the total amount of $26,048 00, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $26,048 00 from funds already budgeted in Account No 205-526-805-010 (Pest Control) for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #270-11 RESOLVED, that having considered a communication from the City Engineer, dated July 28, 2011, approved for submission by the Mayor, the Council does hereby, for and on behalf of the City of Livonia, accept a $50,000 00 grant from Detroit Edison Company (DTE), FURTHER, the Council does hereby authorize the use of these grant funds to retrofit 48 mercury vapor streetlights to LED along Five Mile Road, from Farmington Road to Hubbard Road, which is estimated to produce an energy cost savings of $7,724 16 annually, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the agreement with DTE subject to the approval as to form by the Department of Law, and to do all other thmgs neressary_or incidental to the full performance of this resolution— — - #271-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 8, 2011, which bears the signature of the Director of Finance and the City Attorney, is approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a proposed Intergovernmental Regular Meeting Minutes of August 24, 2011 37981 Agreement between the City of Livonia and the County of Wayne for non-grant covered items in connection with the Merriman Road at Five Mile and Six Mile Safety Improvement Project consisting of non- conflicting water main work, the irrigation systems, the associated sidewalk and other necessary work-related items, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement in the manner and form herein submitted, FURTHER, the Council does hereby authorize an appropriation and expenditure of the amount of $184,866 00 from Account No 592-158-000 (Water and Sewer Fund - Construction in Progress) for this purpose, FURTHER, the Council does hereby authorize an expenditure in the amount of $277,014 00 from funds already budgeted in Account No 202-463-818-125 (Major Street Fund — City Participation in MDOT and County Projects) for this purpose, and the City Engineer is hereby authorized to approve any minor adjustments in the work as it becomes necessary; and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed Agreements, to the Wayne County Department of Public Services #272-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 8, 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, the Council does hereby accept the quotation of Liqui-Force Services (USA), Inc , 28529 Goddard Road, Suite 106, Romulus, Michigan 48174, to perform emergency sanitary sewer main repair work on a 12- inch sanitary sewer line located in the alley behind Perko's on Five Mile Road, and on a 12-inch sanitary sewer located at 12701 Inkster Road in the amount of $46,060 00, the same having been in fact the lowest quote received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $46,060 00 from Account No 591-158-000 (Construction in Progress Fund) for this purpose, and the City Engineer is hereby authorized to approve any 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 company and to do all other things necessary or incidental to the full performance of this resolution #273-11 RESOLVED, that having considered a communication -- ---from the_ City Planning Commission, dated July 22, 20-11 which transmits its resolution 07-41-2011, adopted on July 19, 2011, with regard to Petition 2011-07-08-06 submitted by L+A Architects, Inc , on behalf of McDonald's Corporation, requesting site plan approval in connection with a proposal to remodel the exterior of the existing restaurant located on the west side of Farmington Road, between Seven Mile Road and Eight Mile Road (19311 Farmington Road), in Regular Meeting Minutes of August 24, 2011 37982 the Southeast 1/4 of Section 4, pursuant to the provisions set forth in Section 19 06 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2011-07-08-06 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet No C-2 dated July 28, 2011, as revised, prepared by L+A Architects, Inc., is hereby approved and shall be adhered to, except that the pass- through lane shall be moved closer to the building and the pylon sign shall be removed and replaced with a new monument sign that shall have a maximum height of ten (10) feet and a minimum setback from the right-of-way of twelve (12) feet; 2 That in accordance with Section 18 37(j) of the Zoning Ordinance, the petitioner shall be allowed to bank the four (4) parking spaces between the new drive-thru configuration and the parking spaces along the back edge of the parking lot; 3 That the banked parking area shall be maintained as green space and that a future parking plan shall be submitted to the Planning Department, which shall be arranged and designed so that the subject parking spaces can be installed at a later date if the need arises, 4 That the owner shall agree in writing to install such landbanked parking within 180 days of a City Council resolution in which it is determined that such additional parking is needed, 5 That the Landscape Plan marked Sheet No C-4 prepared by L+A Architects, Inc as received by the Planning Commission on July 19, 2011, is hereby approved and shall be adhered to, subject to modifications as may be approved by the Planning Department; 6 That the Exterior Building Elevation Plans marked Sheet No A2 0 and A2 1 prepared by L+A Architects, Inc , as received by the Planning Commission on July 5, 2011, are hereby approved and shall be adhered to, 7 That the submitted sign package is hereby approved, subject to the Petitioner obtaining the necessary variances from the Zoning Board of Appeals, 8 That the maximum area of each wall-mounted sign and the approximate location on all exterior signage shall be consistent with the previous approved sign package for this site, and that Regular Meeting Minutes of August 24, 2011 37983 any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 9 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 10 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 11 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolutions with the following result: AYES Laura, Toy, Schwartz, Pastor, Meakin, and McCann NAYS None An e-mail communication from Mike Toyeas, dated April 18, 2011, re suggestions on how to honor Officer Larry Nehasil, was received and placed on file for the information of the Council (CR 33-11) A communication, dated February 15, 2011, re relaying the telephone suggestion of Ron Budzinski to have a plaque in a designated Memorial Park to honor Officer Larry Nehasil, was received and placed on file for the information of the Council (CR 33-11) A communication, dated February 15, 2011, re relaying the telephone concern of Delores Hoheisel on renaming Shelden Park due to its history in relation to honoring Officer Larry Nehasil, was received and placed on file for the information of the Council (CR 33-11) Regular Meeting Minutes of August 24, 2011 37984 Three (3) e-mail communications from Mayor Jack Kirksey, Councilmember Conrad Schwartz and Council President James McCann, dated June 23, 2011, re recommendations on ways to honor Police Officer Larry Nehasil, were received and placed on file for the information of the Council (CR 33-11) An e-mail communication from Ed Morris, dated June 24, 2011, re recommendations on ways to honor Police Officer Larry Nehasil, was received and placed on file for the information of the Council (CR 33-11) On a motion by Laura, seconded by Toy, and unanimously adopted, it was #274-11 RESOLVED, that having considered the report and recommendation of the Public Safety, Education and Recreation Committee, dated July 18, 2011, submitted pursuant to Council Resolution 33-11, regarding the request of Ed Morris to consider naming a City park in memory of Police Officer Larry J Nehasil, the Council does hereby approve this request and does hereby concur in renaming Dolphin Park (aka Civic Center Park) to the "Larry Nehasil Park," and does hereby direct the Department of Public Works to take all necessary action to effectuate this resolution, FURTHER, the Department of Law is hereby requested to prepare an appropriate amendment to Section 12 16 010 for submission to Council to reflect the naming of this park. On a motion by Laura, seconded by Toy, and unanimously adopted, it was #275-11 RESOLVED, that having considered the report and recommendation of the Public Safety, Education and Recreation Committee, dated May 4, 2011, submitted pursuant to Council Resolution 317-10, regarding the subject of proposed changes to the Parks and Recreation field rental procedures by eliminating Daily and Seasonal Permits and utilizing an Hourly Permit, effective December 1, -- 2010 (for tracking purposes), the Council does hereby determine to take no further action with regard to this matter On a motion by Meakin, seconded by Laura, and unanimously adopted, it was Regular Meeting Minutes of August 24, 2011 37985 #276-11 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 9, 2011, submitted pursuant to Council Resolution 147-11, regarding the request from Fonte Business Acquisition, LLC for a Dance- Entertainment Permit to be held in conjunction with a 2010 Class C licensed business with Official Permit (Food) for the business located at 32030 Plymouth Road, Livonia, Michigan 48154, Wayne County; the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request contingent upon payment in full of the outstanding water bill, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Laura, seconded by Toy, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 9, 2011, submitted pursuant to Council Resolution 71-11, regarding review of departmental user fees (Assessing, City Clerk, Engineering, Planning, Police and Treasurer), and the report and recommendation of the Finance Director, dated February 24, 2011, approved for submission by the Mayor, the Council does hereby approve the proposed adjustments in user fees as recommended by the Finance Director, to be reviewed on an annual basis, FURTHER, the Council does hereby refer this matter to the Department of Law to prepare ordinance amendments as appropriate in conjunction with this matter; FURTHER, the Council does hereby refer the recommended fee increases to Zoning Ordinance No 543 to the Planning Commission for action and recommendation in accordance with provisions of law and City ordinance On a motion by Meakin, seconded by Pastor, it was RESOLVED, that the Council does hereby determine to substitute a resolution in lieu of the foregoing that would refer this matter back to the Committee of the Whole A roll call vote was taken on the motion to substitute with the following result: AYES Laura, Toy, Schwartz, Pastor, and Meakin - _ NAYS - McCann- The President declared the motion to substitute adopted On a motion by Meakin, seconded by Pastor, it was Regular Meeting Minutes of August 24, 2011 37986 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 9, 2011, submitted pursuant to Council Resolution 71-11, regarding review of departmental user fees (Assessing, City Clerk, Engineering, Planning, Police and Treasurer), and the report and recommendation of the Finance Director, dated February 24, 2011, approved for submission by the Mayor, the Council does hereby determine to refer this matter back to the Committee of the Whole for further discussion On a motion by Toy, seconded by Schwartz, it was RESOLVED, that the Council does hereby determine to substitute a resolution in lieu of the foregoing that would approve this matter, with an annual review The President relinquished the gavel to the Vice President at 8 37 p m to speak to this matter A roll call vote was then taken on the motion to substitute with the following result: AYES Toy, Schwartz, and McCann NAYS Pastor, Meakin, and Laura Vice President Laura declared the substitute motion failed for lack of support. Meakin and Pastor withdrew their motions on the previously offered resolution, which would refer this matter back to the Committee of the Whole President McCann resumed the gavel at 8 45 p m The President stated this matter would remain in committee, as no resolution was adopted On a motion by Toy, seconded by Meakin, and unanimously adopted, it was #277-11 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 9, 2011, submitted pursuant to Council Resolution 519-08, regarding the - satrtof acquiring FHA-HUD foreclosed properties, the Council does__. hereby determine to take no further action with regard to this matter President McCann provided a verbal update on the subject of the Housing and Economic Recovery Act of 2008 and indicated the matter will remain in the Committee of the Whole at this time (CR 40-09) Regular Meeting Minutes of August 24, 2011 37987 On a motion by Toy, seconded by Meakin, and unanimously adopted, it was #278-11 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 9, 2011, submitted pursuant to Council Resolution 314-06, regarding meeting with Honeywell with respect to the City Hall Building heating and air conditioning problems, the Council does hereby determine to take no further action with regard to this matter On a motion by Toy, seconded by Meakin, and unanimously adopted, it was #279-11 RESOLVED, that having considered a communication from the City Clerk, dated July 25, 2011, and a subsequent communication from the City Clerk, dated August 11, 2011, the Council does hereby approve the appointment of Susan Hoff to the position of part-time Deputy Clerk upon retirement of the current Assistant City Clerk, FURTHER, the Council does hereby establish the full-time salary for this position in the amount of $61,568 00 with the understanding that the part-time salary shall be $30,784 00 and with the further understanding that all benefits as previously approved by the Council for other appointed positions within the City be also extended to this position On a motion by Meakin, seconded by Schwartz, and unanimously adopted, it was #280-11 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Leapers, Inc dated February 7, 2011, covering new industrial facilities to be located within City of Livonia Industrial Development Overlay District No 110; and WHEREAS, the City Clerk has also received a request for the transfer of a previously approved Industrial Facilities Exemption Certificate #2010-138 from 32700 Capitol Street to 32500 Capitol Street covering industrial facilities located within the City of Livonia Industrial Development Overlay District No 110, and WHEREAS, the Council did previously in Council Resolution No 172- 10 adopted on May 12, 2010, approve an Industrial Facilities Exemption Certificate for Leapers, Inc , for a period of 7 years, 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 Regular Meeting Minutes of August 24, 2011 37988 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 and request has been received, and WHEREAS, the City Council has afforded Leapers, Inc , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and request and said hearing having in fact been conducted at 7 00 p m , Monday, August 15, 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 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 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, Leapers, Inc , finds and determines (a) that the granting of this Industrial Facilities Exemption Certificate and the transfer of the existing Industrial Facilities Exemption Certificate #2010-138 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 Leapers, Inc covering new industrial facilities to be located within the City of Livonia Industrial Development Overlay District No 110, for 7 years 3 That the City Council hereby approves the above transfer of the existing Industrial Facilities Exemption Certificate 2010- 138 from 32700 Capitol Street to 32500 Capitol Street, covering industrial facilities to be located within the City of Livonia Industrial Development Overlay District No 110 4 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 Regular Meeting Minutes of August 24, 2011 37989 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 5 Council Resolution No 172-10, adopted on May 12, 2010, is hereby amended and revised to the extent necessary to be consistent with the action taken herein On a motion by Toy, seconded by Pastor, and unanimously adopted, it was #281-11 RESOLVED, that having considered a communication from the Department of Law, dated August 12, 2011, wherein it is requested that Council Resolution 183-11 be amended to include the statement that the City of Livonia meets the definition of "Eligible Local Assessing District" and to specify the subsection of the Act that applies, the Council does hereby amend and revise Council Resolution 183-11 so as to read as follows WHEREAS, the City of Livonia meets the definition of an "Eligible Local Assessing District" under P.A. 328 of 1998, Section 7(g), by virtue of containing an eligible distressed area as defined by Section 7(f)(i), in accordance with RA. 346 of 1966, Section 11; and WHEREAS pursuant to P.A. 198 of 1974, as amended, after a duly noticed public hearing, the City Council of the City of Livonia, established Livonia Industrial Development Overlay District No 110, on December 19, 2006, for property at 35588 Veronica, thereby creating an "eligible district" for purposes of Act 328 of 1998, as amended (the "Act"), and WHEREAS EMS Product Development, 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 1st day of June, 2011, at 7 00 p rn in Livonia City Hall at 33000 Civic Center Drive, Livonia, Michigan, at which the Applicant, City Assessor and a representative of the effected taxing units were given written notice and were afforded an opportunity to be heard on said Application, Regular Meeting Minutes of August 24, 2011 37990 NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia hereby approves the application of EMS Product Development 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 EMS Product Development 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 January 1, 2012, and ending December 31, 2018 BE IT FURTHER RESOLVED THAT EMS Product Development 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 EMS Product Development 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 Overlay District No 110, established on December 19, 2006 A parcel located in the N E 1/4 of Section 29, T1 S, R9E, City of Livonia, Wayne County, Michigan, described as commencing at the N E corner of Section 29, thence proceeding along the north line of said Section 29, S 88° 08' 21" W 579 ft, thence S 02° 00' 16" E 2,016 03 ft, thence S 87° 28' 53" W 135 ft, to the point of beginning, thence proceeding N 02° 00' 18" W 318 36 ft, thence N 02° 00' 17" W 20 ft, thence, S 87° 59' 42" W 135 08 ft, thence S 02° 00' 18" E 20 ft, thence S 02° 01' 13" W 319 57 ft, thence N 87° 28' 53" E 135' to the point of beginning, Area 1 05 acres Regular Meeting Minutes of August 24, 2011 37991 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 There was no Audience Communication at the end of the meeting President McCann thanked Karen Tesner, Director of Legislative Affairs/Assistant City Clerk, for her many dedicated years of service to the City and indicated this would be the last meeting attended by Ms Tesner, as she will retire at the end of the month President McCann wished Ms Tesner well in her retirement. Toy offered a hearty thank you to Karen Tesner, Director of Legislative Affairs/Assistant City Clerk, for her dedicated and outstanding service during her many wonderful years with the City and stated Ms Tesner did superior work with great attention to detail and precision in quality work. Toy wished Ms Tesner many years of health and happiness in her retirement. On a motion by Schwartz, seconded by Pastor, and unanimously adopted, this 1,687th Regular Meeting of the Council of the City of Livonia was adjourned at 8 58 p m a Terry e) Marecki, City Clerk