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HomeMy WebLinkAboutCOUNCIL MINUTES 2009-01-14 37001 MINUTES OF THE ONE THOUSAND SIX HUNDRED TWENTY FOURTH REGULAR MEETING OF JANUARY 14, 2009 On January 14, 2009, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order by the Vice- President of the Council at 8 00 p m Councilman McCann led the meeting with the Pledge of Allegiance Roll was called with the following result James McCann, Joe Laura, Brian Meakin, Thomas Robinson, Don Knapp, and Terry Godfroid-Marecki Absent. Laura Toy Elected and appointed officials present: Cathryn White Assistant City Attorney; Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Karen Kapchonick, Superintendent of Parks and Recreation, James Inglis, Director of Housing Commission, Linda Grimsby, City Clerk, and Mayor Jack Kirksev On a motion by Meakin, seconded by Knapp, it was #01-09 RESOLVED that the Minutes of the 1 ,623rd Regulaf Meeting of the Council held December 17, 2008 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result. AYES McCann, Meakin, Knapp, and Godfroid-Marecki NAYS Laura and Robinson Vice-President Godfroid-Marecki declared the resolution adopted Godfroid-Marecki wished her son Andrei, a Happy le Birthday and indicated her son celebrated his birthday last Saturday, January 10th Regular Meeting Minutes of January 14, 2009 37002 Mayor Kirksey addressed Council to indicate his Office will be filing the Annual Report for the Fiscal Year 2007-2008 and copies are available to the public at City Hall Mayor Kirksey then thanked all residents for their continuing Ear cooperation during snow emergencies and removing parked cars from the streets and thanked DPW/DPS employees and private contractors for completing the necessary plowing within 23 hours Mayor Kirksey also announced Jeff Bryant, Economic Development Director, was leaving the City to take a position with Wayne County's Economic Development Office Mayor Kirksey wished Mr Bryant well in his new position and thanked him for his excellent service with the City Mayor Kirksey concluded by informing all citizens that the Livonia Community Recreation Center will be made available to residents who are without heat and/or whose furnace is not working properly on an emergency basis For further details, Mayor Kirksey instructed residents to contact his office Mayor Kirksey announced his appointment of Don Knapp to fill the vacant City Attorney position and indicated Mr Knapp's first day of employment as the City Attorney will be February 2nd Mayor Kirksey indicated he was excited about this appointment and stated Mr Knapp is an excellent replacement for the previous City Attorney and will be missed as a Councilmember During Audience Communication at the beginning of the meeting, John Grzebik, 11301 Hubbell, addressed Council to indicate Livonia Public Schools will be hosting its first annual PISA Health and Safety Fair on Wednesday, January 21 , 2009, from '3 00 to 8 00 p m at Holmes Middle School Mr Grzebik also suggested the Council may want to consider broadcasting their meetings via podcasts, similar to what is done by the Livonia Public School Board Dianne Marietti, 15044 Fairway, Livonia, addressed Council to ask Council members speak clearly into the microphones so they can be heard by all those in attendance Vice-President Godfroid-Marecki announced the following Public Hearing to be held on Monday, January 26, 2009, at the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, MI, at 7 00 p m PROPOSED SPECIAL ASSESSMENT STREET LIGHTING PROJECT for approval of the Assessment Roll for Churchill Manor Site CondominiLims, located west of Newburgh Road, between Ann Arbor Trail and Joy Road, in the Southeast 1/4 of Section 31 (CR 484- 08) A car nunication fim the Office of the Mayor, dated December 30, 2008, re forwardir j the Annual Report for the Fiscal Year 2007-2008 which reflects Regular Meeting Minutes of January 14, 2009 37003 activities of the Livonia City Departments, Commissions, and Boards, was received and placed on file for the information of Council At the direction of the Chair, Item #10 was removed from the Consent portion of the Agenda A communication from the Department of Public Works, dated January 7, 2009, re clarifying their request for the Municipal Park Mowing Program is for a period of two (2) years, was received and placed on file for the information of the Council A communication from the Department of Public Works, received January 13, 2009, in the Office of the City Clerk, re members of the Citizens Advisory Committee on Roads and estimated cost of reconstructing Lyndon Avenue, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Laura, it was #02-09 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, !nc , dated December 10, 2008, requesting approval of the following items 1 The issuance of a permit to Wade Shows to conduct carnival amusement rides at Ford Field and Veterans' Park, as part of this year's SPREE-59 Celebration, on June 23, 24, and 25, 2009, from 2 00 p m to midnight and on June 26, 27, and 28, 2009, from 12 00 noon to midnight, subject to the City of Livonia, Livonia Public Schools, the Livonia Hockey Association and the Livonia Anniversa y Committee, Inc being identified as additional insured on Wade Shows' general liability insurance policy; 2 Authorization of the Anniversary Committee to conduct a fireworks display at Veterans' Park to be held on Sunday, Jure 28, 2009, at approximately 10 15 pm , which display will be controlled by American Fireworks, Inc , subject to providing liability insurance for this event and subject to the City of Livonia, Livonia Public Schools, the Livonia Hockey Associati Regular Meeting Minutes of January 14, 2009 37004 3 and the Livonia Anniversary Committee, Inc., being designated as additional insured on their policy; Authorization of the Livonia Anniversary Committee to use and/or lease the facilities at Ford Field, Eddie Edgar Arena (subject to the terms of the existing lease between the Livonia Hockey Association and the City of Livonia) and Veterans' Park during the period of the SPREE-59 celebration in accordance with the fees/waivers grid for events co-sponsored by the City of Livonia, and 4 A waiver of all fees prescribed by ordinance or law with respect to Items 2 and 3 above, as well as a waiver of all vendors' license fees for community organizations and/or groups authorized to participate in SPREE-59 by the Anniversary Committee, the Council does hereby concur in and approve the foregoing requests, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution #03-09 RESOLVED, tha4 having considered the letter from the President of the Livonia Anniversary Committee Inc , dated December 10 2008, wherein it is requested that the following City streets be closed to through traffic from 8 00 a m on June 22, 2009, through 12 00 noon on June 29, 209 (Monday to Monday) Stark Road from the Family Y, 14255 Stark, to Lyndon Lyndon from Farmington Road to Stark Road the Council does hereby concur in and grant this request in the manner and form herein submitted, FURTHER, the Council does hereby request that Farmington Road be closed from the 1-96 overpass to Five Mile Road on Sunday, June 28, 2009, between the hours of 8 30 p m and 11 30 p m or until the road is returned to normal traffic operation in connection with the annual SPREE fireworks display, and does hereby authorize the City of Livonia to assume liability for any damage claims which may arise as a result of the road closure, and that Sgt. David Studt is hereby designated and authorized to sign he road closure permit on behalf of the City of Livonia, the action taken herein being made subject to the approval of the Police Department, Fire Department and Wayne County; and to the extent possible, SPREE is requested, in conjunction with the Police Department, to do all things necessary to alleviate traffic pror!ems for the residents of Stoneleigh •••"' Regular Meeting Minutes of January 14, 2009 37005 Village Subdivision during the 2009 Anniversary Celebration, including signs on the barricades indicating "local business and residents only " ter #04-09 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc , dated December 10, 2008, the Council does hereby approve of the request from The Livonia Anniversary Committee, Inc for permission to display banners advertising SPREE-59 on Farmington Road and Five Mile Road from May 25, 2009, through June 28, 2009, and to display 4' X 8' signs at City Hall and Ford Field from May 25, 2009, through June 28, 2009, at no additional cost to SPREE, FURTHER, the Council does hereby permit The Livonia Anniversary Committee, Inc to acknowledge supporters with banners and signage not to exceed 3' X 5' in size on Ford Field and the ball diamonds only from June 23, 2009, to June 28, 2009, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution #05-09 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 16, 2008, and a report and recommendation of the Chief of Police, dated December 1 , 2008, in connection therewith, the Council does hereby recommend approval of the request from Nicholas Party Store, Inc to transfer stock interest in 2008 SDD and SDM licensed corporation wherein stockholder Ahl,am Shango transfers 300 shares of stock to new stockholder, Hishani A. Shango for a business located at 13820 Merriman Road, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A communication from the City Clerk, dated December 12, 2008, re forwarding a communication from the Associate Superintendent, Administrative & Financial Services, requesting that the City continue to collect the Wayne County Regional Educational Service Agency (RESA) taxes for the year 2009, was received and placed on file for the information of the Council #06-09 RESOLVED, that having considered a communication from the Human Resources Director, dated December 23, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits resolution 08-233, adopted by the Civil Service Commission at its Special Meeting of December 22, 2008 recommending approval of a Premium Only Plan for the City Regular Meeting Minutes of January 14, 2009 37006 to allow employee contributions for medical benefits in pretax earnings on a voluntary basis, the Council does hereby concur in the recommendation of the Civil Service Commission and does hereby approve the Premium Only Plan as described therein, with contributions to begin January 1, 2009, through March 31, 2009, and renewed hereafter annually for a program year from April 1st through March 31st; FURTHER, the Council does hereby authorize the Human Resources Director to execute a contract (and any renewals thereof) with Essex Benefits Group for this purpose and to do all things necessary or incidental to the full performance of this resolution #07-09 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated December 8, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve a two year extension of the Weed Cutting Contract 99-A, commencing May 1, 2009, and expiring on December 31, 2010, with Michigan Grounds Management, 14931 Farmington Road, Livonia, Michigan 48154, under the same rates, terms and conditions as the 1999 contract; FURTHER, the Council does hereby authorize an advance in the contract amount from the Municipal Refuse Fund Account for the purpose of making payments to the contractor as the work is completed, with the provision that the Municipal Refuse Fund Account be reimbursed as bills for weed cutting are collected, and the Director of Inspection is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution, FURTHEP, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #08-09 RESOLVED, that having considered the report and recommendation of the City Engineer - Operations, dated December 8, 2008, 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 accept the bid of Great Lakes Landscaping, 25212 Ryan Road, Warren, Michigan 48091 , for completing all wor. required in connection with the City's 2009-2010 Municipal Mowing Program, for the estimated cost of $50,894 34 per year, for a total estimated cost of $101 788 68, the same having been the lowest bid received and meets all specifications, FURTHER, in the event the lowest bidder is unable to perform the services, the Council does hereby accept the bid of Cal Fleming Landscaping & Tree Service, Inc , 29725 Goesbeck Hwy , Roseville, Michigan 48066, as an alternate for completing all work required for the City's 2009-2010 Regular Meeting Minutes of January 14, 2009 37007 Municipal Mowing Program, if required, for the estimated cost of $56,938 00 per year, for a total estimated cost of $113,876 00, FURTHER, the Council does hereby authorize the expenditure of the foregoing amounts from funds already budgeted in Account No 101- 704-818-015 (Parks and Forestry Fund) for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder(s) and to do all other things necessary or incidental to the full performance of this resolution #09-09 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated November 21, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the 2009 Road Repair Program as shown in Attachment 1 of the aforesaid report. #10-09 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated December 16, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding the Department's shared match for Video Conferencing equipment at each fire station as part of the Assistance to Fire Fighters Grant Program (AFG) awarded regionally through FEMA, under the Department of Homeland Security, the Council does hereby authorize payment to be made in an amount not to exceed $29,006 78 to the City of Farmington Hills (as fiduciary of the AFG Grant), 31555 Eleven Mile Road, Farmington Hills, MI 48336, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $29,006 78 from funds already budgeted in Account No 401-000-971-000 for this purpose A roll call vote was taken on the foregoing resolutions with the following result. AYES McCann, Laura, Meakin, Robinson, Knapp, and Godfroid-Marecki NAYS None Or a motion by Laura, seconded by Robinson, it was RESOLVED, that having considered a communication from Councilmember Joe Laura, dated December 8, 2008, the Council does hereby refer the subject of the utilization by the City of Recreation Regular Meeting Minutes of January 14, 2009 37008 Millage funds to the Public Safety, Education and Recreation Committee for its report and recommendation A roll call vote was taken on the proposed resolution with the following result: AYES Laura and Robinson NAYS McCann, Meakin, Knapp, and Godfroid-Marecki Vice-President Godfroid-Marecki declared the resolution failed for lack of support. On a motion by Robinson, seconded by Laura, and unanimously adopted, it was #11-09 RESOLVED, that having considered the report and recommendation of the Public Safety, Education and Recreation Committee, dated December 1, 2008, submitted pursuant to Council Resolution 988-97, regarding the subject of the progress of the signage for Nature Preserves, the Council does hereby determine to take no further action with regard to this matter On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was #12-09 RESOLVED, that having conside red the report and recommendation of the Public Safety, Education and Recreation Committee, dated December 1, 2008, submitted pursuant to Council Resolution 771-01, regarding the subject of increasing student participation in the local government to discuss some ideas presented by Emily Ketterer, the Council does hereby refer the subject of possible partnering between Madonna University's New Media Center and City Channel 8, including the possibility of student internships and cost savings and efficiencies for the City to the Administration for a report and recommendation Travis, a Senior from Livonia Franklin High School, addressed Council to indicate his willingness to establish a pilot internship program between with the City and students from local high schools desigred to get students n-ore involved in local government On a motion by Robinson, seconded by McCann, and unanimously adopted, it was Regular Meeting Minutes of January 14, 2009 37009 #13-09 RESOLVED, that having considered the report and recommendation of the Public Safety, Education and Recreation Committee, dated December 1, 2008, submitted pursuant to Council Resolution 351-03, regarding the subject of a review of the Whitman Park Lease, the Council does hereby determine to take no further action with regard to this matter A communication from the Department of Parks & Recreation, dated May 6, 2008, re issue of pool utilization and options, was received and placed on file for the information of the Council (CR 33-08 and CR 93-08) A communication from the Department of Parks & Recreation, dated November 24, 2008, re update on the status of the Community Recreation Center, was received and placed on file for the information of the Council (CR 33-08 and CR 93-08) Robinson provided a verbal update concerning the status of the Community Recreation Center and indicated this matter will remain in the Public Safety, Education and Recreation Committee at this time (CR 33-08 and CR 93-08) A communication from the Department of Community Resources, dated December 9, 2008, re update on the Livonia Community Transit Program, was received and placed on file for the information of the Council (CR 917-98) Laura provided a verbal update concerning the subject of a local bus transportation system for the City and indicated this matter will rem lin in the Infrastructure and Community 1 ransit Committee at this time (CR 917-98) On a motion by Laura, seconded by McCann, and unanimously adopted, it was #14-09 RESOLVED, that having considered the report ad recommendation of the Infrastructure and Community Transit Committee, dated December 10, 2008, submitted pursuant to Council Resolution 365-02, regarding the study of a Needs Assessrr ent and Service Plan for Transportation Services, the Council does hereby determine to take no further action with regard to this matter tkrio Regular Meeting Minutes of January 14, 2009 37010 Laura provided a verbal update on the subject of the Road Repair Program (2008 — 2010) and what is anticipated for the next year and indicated this matter will remain in the Infrastructure and Community Transit Committee at this time (CR 506-07 and CR 562-02) Laura provided a verbal update on the status of the City Hall Heating, Venting and Air Condition Replacement Project (excluding the Annex) and indicated this matter will remain in the Infrastructure and Community Transit Committee at this time (CR 120-07, CR 201-07, and CR 90-08) A communication from the Department of Public Works, dated January 13, 2009, re update on DTE Energy funds available for LED streetlighting projects and transmitting a revised assessment roll regarding Kenwood Meadows, was received and placed on file for the information of the Council (CR 101-08 and CR 618-07) On a motion by Laura, seconded by McCann, and unanimously adopted, it was #15-09 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated December 10, 2008, submitted pursuant to Council Resolution 101-08, regarding the propos&d installation of street lights in Kenwood Meadows Subdivision and Kenwood Meadows Subdivision #2, and WHEREAS, pursuant to due and property notice published and mailed to all property owners in Special Assessment District No 423, more particularly described in Council Resolution 101-08 adopted on March 12, 2008, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Kenwood Meadows Subdivision and Kenwood Meadows #2 in said Special Assessment District No 423, NOW, THEREFORE, BE IT RESOLVED, that the Council does hereby determine to install street lighting consisting of seven (7) 100 watt high pressure sodium lights on 14 foot high colonial post top poles and that Regular Meeting Minutes of January 14, 2009 37011 the assessments set forth in said Special Assessment District No 423 Roll (as revised) are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No 423 (as revised) based on installation of seven (7) 100 watt high pressure sodium lights on 14 foot high colonial post top poles is hereby approved and confirmed in all respects, pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to execute a Municipal Street Lighting Agreement as provided by Detroit Edison for this purpose, and further, a sum not to exceed $9,208 00 is hereby authorized to be expended from the cash payments posted by or collected from the developer of the Kenwood Meadows Subdivision and Kenwood Meadows Subdivision #2 in order to defray the Detroit Edison contribution-in-aid costs connected with this street lighting installation project. Don Nakich, 14901 Taylor Blvd , Livonia, expressed to Council his concerns re LED lights being cost effective and utilized by other communities and encouraged Council to consider use of same when installing streelighting projects An email communication from Department of Public Service, dated December 5, 2008, re update on Burton Hollow — Storm Water Management, be received and placed on file for the information of the Council Laura provided a verbal update concerning the Storm Water Management Study and erosion problems and indicated the matter will remain in the Infrastructure and Community Transit Committee at this time (CR 96-08 and CR 44-99) Knapp left the podium at 8 58 p rn to avoid a perceived conflict of interest On a motion by Laura, seconded by Robinson, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 8, 2008, submitted pursuant to Council Resolution 506-08, regarding the subject of the position of "City Attorney , the Council does hereby eliminate the part- Regular Meeting Minutes of January 14, 2009 37012 time City Attorney position and remove funding for this position from the Budget A roll call vote was taken on the foregoing resolution with the following result AYES Laura and Robinson NAYS McCann, Meakin, and Godfroid-Marecki Vice-President Godfroid-Marecki declared the resolution failed for lack of support Knap returned to the podium at 9 1 7 p m A communication from Roger Cote, 19018 Filmore, received in the Office of the Council on December 4, 2008, opposing the rezoning of property located at 19036 Filmore, as submitted by '19055 Farmington Road, L L C , was received and placed on file for the information of :he Coi.incil (Petition 2008-09-01-07) Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 9 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVCNIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petitioi+ 2008-09-01-07) The foregoing Ord nance, 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 On a motion by Laura, seconded by Robinson, and unanimously adopted, it was #16-09 RESOLVED, that having considered a communication from the City Assessor, dated December 15, 2008, approved for submission by the Mayor with regard to a request from Angelo Mauti, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance Nu 543, as amended, the Regular Meeting Minutes of January 14, 2009 37013 Council does hereby determine to take no further action with respect to the request for dividing Tax Item No 46-034-01-0009-003 into three parcels since the Petitioner has indicated a desire to withdraw his request. Angelo Mauti, 17017 Doris, Livonia, was present at the meeting to express his desire to withdraw proposed lot split and to answer any questions of Council (18901 Laurel) A communication from the Housing Commission, dated January 8, 2009, re number of homes acquired by the City that were razed and the lots sold, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Meakin, it was #17-09 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated December 26, 2008, approved for submission by the Mayor, regarding submittal of a grant application in order to provide physical improvements and/or demolition of recently-acquired Federal Housing Administration properties, the Council does hereby authorize the Housing Commission to submit a Neighborhood Stabilization Program (NSP) 2009 grant application in the amount of $1,450,000 00 to the IVlichigar State Housing Development Authority (MSHDA) A roil call vote was taken on the foregoing resolution with the following result AYES McCann, Meakin, Knapp, and Godfroid-Marecki NAYS Laura and Robinson "ice-President Godfroid-Marecki declared the resolution adopted An email communication from the Economic Development Director, dated December 16, 2008, re active Roush IFECs and the applicable expiration dates for same, was received and placed on file for the information of the Council (IL D No 112) On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was Regular Meeting Minutes of January 14, 2009 37014 #18-09 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Roush Industries, Inc , dated November 4, 2008, covering new industrial facilities to be located within City of Livonia Industrial Development Overlay District No 112, 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 Roush Industries, Inc , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Monday, December 15, 2008, 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, Roush Industries, Inc , f;nds and determir es (a) that the granting of this Industrial Facilities Exemption Certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Roush Industries, Inc covering new industrial facilities to be locate within the City of Livonia Industrial Development Overlay District No 112 for 12 years 3 That in accordance with the requirements of Section 22, F,ct 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 Councii hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed -)y 'he applicant ad incorporate such Letter of Regular Meeting Minutes of January 14, 2009 37015 Agreement as part of the documentation required to process applications for Industrial Facilities Exemption Certificates A communication from the Economic Development Director, received January 8, 2009, re South/Win additions in Fiscal 2008, was received and placed on file for the information of the Council (IDD No 108) On a motion by McCann, seconded by Knapp, and unanimously adopted, it was #19-09 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from South/Win, Ltd , dated December 12, 2008, covering new industrial facilities to be located within City of Livonia Industrial Overlay Development District No 108, 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 South/Win, Ltd , 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 , Monday December 15, 2008, 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, South/Win, Ltd , 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 valor em 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 South/Win, Ltd covering new industrial facilities to be located within the City of Regular Meeting Minutes of January 14, 2009 37016 Livonia Industrial Development Overlay District No 108 for 8 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 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 Knapp left the podium at 9 2.8 p rn to avoid a perceived conflict of interest. On a motion by Laura, seconded by McCann, it was #20-09 RESOLVED, that having considered a request from Councilmember Joe Laura, the Council does hereby determine to take no further action with regard to the subject of the appointing authority for the position of City Attorney and reporting/accountability responsibilities A roll call vote was taken on the foregoing resolution with the following result AYES McCann, Laura, Meakin, Robinson, and Godfroid-Marecki NAYS None Vice-President Godfroid-Marecki declared the resolution adopted Knapp returned to the podium at 9 29 p m On a motion by Meakin, seconded by McCann, it was #21-09 RESOLVED, that having considered a communication from the Department of Law, dated December 19, 2008, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole meeting be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Tabita Braxton v City of Livonia Regular Meeting Minutes of January 14, 2009 37017 A roll call vote was taken on the foregoing resolution with the following result AYES McCann, Laura, Meakin, Robinson, Knapp, and Godfroid-Marecki NAYS None Vice-President Godfroid-Marecki declared the resolution adopted On a motion by Robinson, seconded by Laura, and unanimously adopted, it was #22-09 RESOLVED, that having considered a request from Councilmember Thomas Robinson, the Council does hereby refer the subject of the possibility of conducting a St Patrick's Day Parade on Plymouth Road to the Committee of the Whole for its report and recommendation On a motion by Robinson, seconded by Laura, and unanimously adopted, it was #23-09 RESOLVED, that in connection with the subject of the upcoming Council vacancy, the Council does hereby refer the question of the time period in which Council has to appoint an individual to fill such a vacancy and how a decision is made on the appointment in the event Council cannot agree on the appointment, to the Department of Law for its report and recommendation There was no Audience Communication at the end of the meeting Laura congratulated Knapp on his recent appointment to the position of City Attorney and complimented Godfroid-Marecki for running a good meeting I .napp complimented Godfroid-Marecki for running a good meeting and thanked Mayor Kirksey for his recent appointment to the City Attorney position McCann complimented Godfroid-Marecki for running a good meeting and thanked the Mayor for maki,ig an excellent choice in his appointment of Knapp as the City Attorney Robinson, Meakin and Godfroid-Marecki congratulated Knapp on his recent appointment to the position as City Attorney Regular Meeting Minutes of January 14, 2009 37018 Mayor Kirksey spoke to Council to indicate Council meetings are all open to the public and that the rules have been followed by Council and all members have been given the opportunity to speak on issues that have come before them On a motion by McCann, seconded by Knapp, and unanimously adopted, this 1,624th Regular Meeting of the Council of the City of Livonia was adjourned at 9 50 p m _ A Linda Grimsby, City Clerk 611110