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HomeMy WebLinkAboutCOUNCIL MINUTES 2008-02-13 36595 MINUTES OF THE ONE THOUSAND SIX HUNDRED SECOND REGULAR MEETING OF FEBRUARY 13, 2008 On February 13, 2008, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President pf the Council at 8 00 p.m Councilman Laura led the meeting with the Pledge of Allegiance Roll was called with the following result: Joe Laura, Brian Meakin, Thomas Robinson, Don Knapp, Terry Godfroid-Marecki, James McCann, and Laura Toy Absent: None Elected and appointed officials present: Sean Kavanagh, City Attorney; Kevin Roney, City Engineer (Utilities & Engineering), James Zoumbaris, City Engineer (Operations); Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Linda Grimsby, City Clerk, and Mayor Jack Kirksey On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was #36-08 RESOLVED that the Minutes of the 1,601st Regular Meeting of the Council held January 30, 2008 are hereby approved as submitted There was no audience communication at the beginning of the meeting Vice President Godfroid-Marecki congratulated Livonia as being cited as one of America's 50 Greenest Cities to live in, as published in a recent issue of Popular Science The article evaluated cities with populations in excess of 100,000 on various categories such as electricity, transportation, air quality and the amount of space dedicated to parks Mayor Kirksey addressed Council and indicated a compromise has been worked out with McLaren Performance Technologies, who have withdrawn their rezoning petitions (Agenda Items 23 and 24) The Mayor indicated McLaren Regular Meeting Minutes of February 13, 2008 36596 will continue to do business in Livonia and that the compromise reached will be beneficial to both the City and to McLaren Mayor Kirksey also announced that the State of the City Address will take place on March 11, 2008, at 11 30 am at Laurel Manor The purpose of the State of the City Address is to provide an update to all residents on current matters and to share future plans for the City The Mayor invited everyone to attend the State of the City Address on March 11 Mayor Kirksey also announced that a Town Hall Meeting has been scheduled for February 28, 2008, with DTE Energy, to discuss the proposed updates to the DTE Dewey Substation and the frequent power outages in the areas surrounding same The Town Hall Meeting has been scheduled to address resident concerns of those directly affected, however, the Mayor indicated all residents are welcome to attend the meeting with DTE President Toy wished everyone a Happy Valentine's Day and welcomed Boy Scout Troop 400, who attended tonight's meeting Councilmember Meakin asked the Council for a moment of silence to honor Bill McDonald, Ordinance Supervisor, who passed away unexpectedly on Sunday, February 10, 2008 Mr McDonald was an employee of the City for 37 years and will be greatly missed Jerry DeNooyer, 35946 Roycroft, addressed Council to express his concerns regarding leaving a parked vehicle on neighborhood streets for more than 48 hours at a time and the proposed amendment to the Code of Ordinances which he previously submitted (Agenda Item #7) Mr DeNooyer also complimented the Council on the recently developed Wonderland Village and thanked them for not allowing Wal-Mart to stay open 24 hours a day Ralph Williams, 18630 Foch, addressed Council regarding his thoughts on the proposed amendment to the Code of Ordinances submitted by Jerry DeNooyer (Agenda Item #7) A communication from a concerned resident, dated February 7, 2008, re the purchase of new exercise equipment at the Livonia Recreation Center, was received and placed on file for the information of the Council (Agenda Item #13) On a motion by Robinson, seconded by Knapp, it was #37-08 RESOLVED, that having considered a letter from The Rev John W Henry II, Priest-in-Charge, dated January 23, 2008, which requests permission to display signs announcing their 17th Regular Meeting Minutes of February 13, 2008 36597 Annual All-Parish Rummage/Garage Sale to be conducted at Saint Andrew's Episcopal Church on Friday, April 25, 2008, and Saturday, thm, April 26, 2008, which signs are to be 4' x 5' in size and which will be displayed at various locations in the City, no earlier than Friday, April 18, 2008, and removed no later than Sunday, April 27, 2008, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County f #38-08 RESOLVED, that having considered a letter from Marge Bradley, Office Manager, dated January 24, 2008, the Council does hereby take this means to indicate that the Right to Life — LIFESPAN Educational Fund is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording Right to Life — LIFESPAN Educational Fund an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute #39-08 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated January 23, 2008, the Council does hereby consent to and confirm the reappointment of Mr Conrad Gniewek, 14571 Auburndale, Livonia, Michigan 48154, to the Board of Review for a term of three years commencing February 17, 2008, and expiring February 16, 2011 #40-08 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 27, 2007, and a report and recommendation from the Chief of Police, dated January 16, 2008, approved for submission by the Mayor, the Council does hereby approve of the request from Livonia Party Store, Inc. for transfer of ownership of a 2007 SDM licensed business from Nasrat M Kallabat for a business located at 38340 Joy, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #41-08 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 2, 2007, as amended, and the report and recommendation of the Chief of Police, dated January 23, 2008, approved for submission by the Mayor, the Council does hereby approve the request from Sutariya Foods, Inc to transfer ownership of an escrowed 2006 Class C licensed business from Another Family Bar L L C , to transfer location from 4265 Woodward, Detroit, Michigan 48201 to 37140 Six Mile, Livonia, Michigan 48152, Wayne County and to transfer location Regular Meeting Minutes of February 13, 2008 36598 (Governmental Unit) (MCL 436 1531[1]) from Detroit City to Livonia City, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #42-08 RESOLVED, that having considered a communication from the City Assessor, dated January 11, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section VI of the Charter of the City of Livonia, the Council does hereby determine to approve the following dates for the Board of Review to conduct Public Hearings in 2008, which Public Hearings are to be conducted in the conference room of the City Assessor on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154 First Session Tuesday March 4, 2008 Organizational Meeting 9.00 a.m — 1:00 p.m Wednesday March 5, 2008 9.00 am — 12.00 p.m 1 30 p.m —4.30 pm Friday March 7, 2008 9.00 a m — 1200. p m 1:30 p.m —4:30 p.m Saturday March 8, 2008 9.00 a.m —3:00 p.m Second Session Monday Tuesday March 10, 2008 1.00 pm —400 pm 5.00 p.m —900 pm March 11, 2008 9.00 a.m —12:00 p.m 1 30 p.m —4:30 p.m Wednesday March 12, 2008 9.00 a m — 12.00 p m 1 30 p.m —4 30 p.m Thursday March 13, 2008 9.00 a.m — 12:00 p.m 1:30 p.m —4.30 p.m Friday March 14, 2008 9.00 am — 12:00 p.m. 1.30 p.m —4:30 p.m Monday March 17, 2008 9.00 a.m — 1200. p.m 1 30 pm —4:30 p.m FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be $120 00 for the Chairperson and $100 00 for other members Pursuant to Public Act No 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers will be used to determine the State Equalized Value (S E V ) for the year 2008 CLASS RATIO S.E.V. FACTOR (MULTIPLIER) Agricultural 50 00 1 0000 Commercial 50 00 1 0000 Industrial 50 00 1 0000 Residential 50 00 1 0000 Personal 50 00 1 0000 A communication from the Inspection Department, dated January 23, lbw 2008, re administrative response to the proposed amendment to the Livonia Code Regular Meeting Minutes of February 13, 2008 36599 of Ordinances, as amended, to allow parking of a vehicle on neighborhood streets for more than 48 hours at a time requested by Jerry DeNooyer, was received and placed on file for the information of the Council #43-08 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated January 23, 3008, approved for submission by the Mayor, regarding trie request submitted by Jerry DeNooyer for a proposed amendment to the Livonia Code of Ordinances, as amended, to allow parking of a vehicle on neighborhood streets for more than 48 hours at a time, the Council does hereby determine to take no further action with regard to this matter #44-08 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated January 28, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Halt Fire Equipment, 50168 Pontiac Trail, Wixom, Michigan 48393, for supplying the Fire Department with one (1) Medtec Ambulance in the amount of $193,390 00, including delivery, the same having been in fact the lowest and only bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of the total sum of $193,390 00 from funds already budgeted in Account No 401-000-979-000 for this purpose, FURTHER, the Council does hereby determine that the 1994 Horton F-350 rescue vehicle shall be considered surplus property and the Council does hereby authorize the sale of same at auction upon receipt of the new ambulance #45-08 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated January 28, 2008, 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) used 2000 Freightliner, FL-750 tractor with a customized Load Bear 2000 Response Trailer from the Clinton Township Fire Department, 42601 Romeo Plank, Clinton Township, Michigan 48038, in the amount of $85,000 00, FURTHER, the Council does hereby authorize an expenditure in the amount of $85,000 00 from grant funds (Department of Homeland Security's Urban Area Strategic Initiative Grant Program) available in Account No 223-675- 971-000 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 Regular Meeting Minutes of February 13, 2008 36600 #46-08 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated January 28, 2008, 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 authorized rescue equipment approved under the Department of Homeland Security's Urban Area Strategic Initiative Grant Program from Alert Emergency Equipment Group, Inc., P 0 Box 470, Portland, Michigan 48875, in the amount of $66,147 00, FURTHER, the Council does hereby authorize an expenditure in the amount of $66,147 00 from grant funds available in Account No 223- 675-971-000 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 #47-08 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 28, 2008, 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 two (2) Jacobsen Super LF-1880 Lightweight Fairway Mowers (one each for Fox Creek and Whispering Willows Golf Courses) and one (1) Buffalo Turbine KB3 Blower (for Fox Creek Golf Course) from W F Miller Co , 26125 Trans-X, P O Box 605, Novi, Michigan 48376-0605, for a net price of $68,748 70, based on a total price of $73,548 70 less trade-ins of $4,800 00, the same to be expended from funds already budgeted for this purpose in Account Nos 409-000-974-101, 409-000-974-102, and 409-000-974-103, FURTHER, the Council does hereby authorize the purchase of two (2) Toro 648 Aerators (#09200) (one each for Fox Creek and Idyl Wyld Golf Courses) from Spartan Distributors, 487 W Division Street, P 0 Box 246, Sparta, Michigan 49345, for a total cost of $35,788 10, the same to be expended from funds already budgeted for this purpose in Account Nos 508-687-140-687 and 508-688-140-688, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same are based upon the low State of Michigan bid prices (under Contract Agreement Nos 071B6200184 and 071B7200194) 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 #48-08 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 28, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby Regular Meeting Minutes of February 13, 2008 36601 accept the bid of Advanced Pool Services, Inc., P 0 Box 233, Milford, Michigan 48381, for performing all work required in connection with the remarciting of the Community Recreation Center Leisure Pool for a total amount of $29,000 00, the same having been the lowest and only bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure the sum of $29,000 00 from funds already budgeted in Account No 208-755-976-000 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 things necessary or incidental to the full performance of this resolution #49-08 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 28, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of All Pro, 24166 Haggerty Road, Farmington Hills, Michigan 48335, for supplying the Department of Parks and Recreation (Community Recreation Center) with seven (7) ellipticals or cross trainers (Model Matrix E5XC) for a net price of $12,700 00, based on a total price of $20,650 00 less trade-in of $7,950 00, and seven (7) treadmills (Model Matrix T5X) for a net price of $25,375 00, based on a total price of $28,700 00 less trade-in of $3,325 00, and one (1) recumbent cycle (Model Matrix R5X) for a net price of $1,450 00, based on a total price of $1,875 00 less trade-in of $425 00, and one (1) upright cycle (Model Matrix U5X) for a net price of $1,520 00, based on a total price of $1,745 00 less trade-in of $225 00, the same having been the lowest bids received and meet all specifications, FURTHER, the Council does hereby accept the bid of Fitness Things, 1160 West Ann Arbor Road, Plymouth, Michigan 48170, for supplying the Department of Parks and Recreation (Community Recreation Center) with one (1) Arc Trainer (Model Cybex Total Body Arc Trainer) for a net price of $4,935 82, based on a total price of $5,335 82 less trade-in of $400 00, the Council having determined to accept such bid in lieu of the low bid for the reasons outlined in the attachment to the aforementioned report and recommendation (and the bids of All-Pro, Star Trac and Direct Fitness for one Arc Trainer are hereby rejected for the reasons indicated in the attachment), FURTHER, the Council does hereby authorize the expenditure of the total sum of $45,980 82 from funds already budgeted in Account No 208-755-971-000 for this purpose #50-08 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 28, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby Regular Meeting Minutes of February 13, 2008 36602 accept the bid of Cintas Corporation, 37005 Industrial Road, Livonia, Michigan 48150, to provide towel service for the Livonia Community Recreation Center for a two year period commencing on March 1, 2008, through February 28, 2010, in the estimated amount of $45,149 00 per year, the same having been in fact the lowest bid submitted and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $45,149 00 per year from funds already budgeted in Account No 208-755-818-020 (Contractual ServiceMaintenance) 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 #51-08 RESOLVED, that having considered the report and recommendation from the Superintendent of Parks and Recreation, dated January 28, 2008, approved for submission by the Mayor, which sets forth Parks and Recreation Commission Resolution 2967-07, wherein it is recommended that the Council approve the attached Five- Year Master Park Plan for years 2008 through 2013 prepared by the Parks and Recreation Department, the Council does hereby accept and approve said plan in the manner and form herein submitted #52-08 RESOLVED, that having considered a communication from the City Planning Commission dated January 24, 2008, which transmits its resolution 01-04-2008, adopted on January 22, 2008, with regard to a Sign Permit Application, Petition 2007-12-SN-09, submitted by Panera Bread, requesting approval to erect wall signage for the new restaurant on property located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road (20140 Haggerty Road) in the Northwest 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions 1 That the Sign Package submitted by Panera Bread, as received by the Planning Commission on December 12, 2007, is hereby approved and shall be adhered to, 2 That the signage shall not be illuminated beyond one (1) hour after the business closes, 3 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, Regular Meeting Minutes of February 13, 2008 36603 4 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and, 5 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for A roll call vote was taken on the foregoing resolutions with the following result: AYES Laura, Meakin, Robinson, Knapp, Godfroid-Marecki, McCann, and Toy NAYS None McCann gave second reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 020, 030, 040, 070, AND 080 OF TITLE 8, CHAPTER 40 (NOXIOUS WEEDS AND REFUSE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: thap AYES Laura, Meakin, Robinson, Knapp, Godfroid-Marecki, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Public Service Division, dated February 7, 2008, re unleaded and diesel gas usage for the previous fiscal year, as well as the fuel usage report for the four previous years, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was #53-08 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Regular Meeting Minutes of February 13, 2008 36604 Director of Public Works, dated January 21, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Mansfield Oil Company, 1025 Airport Parkway, S W , Gainesville, Georgia 30501, received through the Tri-County Public Purchasing Cooperative for supplying the City of Livonia with gasoline and diesel fuel for truck transport unmetered (5,000 gallons or more) as follows for the period February 1, 2008, through January 31, 2010, with a two-year option to extend Unleaded Regular Gasoline $0 0236 per gallon' Unleaded Premium Gasoline -$0 0090 per gallon2 #2 Diesel $0 0196 per gallon' #2 Premium Diesel $0 0396 per gallon' ' To be added to the Platt's Oilgram price 2 To be subtracted from the Platt's Oilgram price FURTHER, the Council does hereby authorize accept the bid of RKA Petroleum Companies, Inc , 28340 Wick Road, Romulus, Michigan 48174, received through the Tri-County Public Purchasing Cooperative for supplying the City of Livonia with gasoline and diesel fuel for tank wagon metered (5,000 gallons or less) as follows for the period February 1, 2008, through January 31, 2010, with a two-year option to extend Unleaded Regular Gasoline $0 11045 per gallon' Unleaded Mid-Grade Gasoline $0 11045 per gallon' #2 Diesel $0 11045 per gallon' #2 Premium Diesel $0 11045 per gallon' ' To be added to the Platt's Oilgram price FURTHER, the Council does hereby authorize such expenditures from funds already budgeted in Account Nos 101-446-751-000 (Public Service Gas and Oil), 101-309-751-000 (Police Gas and Oil) and 101- 338-751-000 (Fire Gas and Oil) for this purpose, FURTHER, actual billing for such gasoline and diesel fuel will consist of the daily wholesale price according to the daily Platt's Oilgram Price Report to which the previously accepted markup amounts will be added and the previously accepted markdown amounts will be subtracted, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding for the reasons indicated in the aforesaid communication, 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 Regular Meeting Minutes of February 13, 2008 36605 On a motion by McCann, seconded by Laura, and unanimously adopted, it was #54-08 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 421, more particularly described in Council Resolution 325-05, adopted on June 20, 2005, 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 Gruda Site Condominiums in said Special Assessment District No 421, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of three (3) 100- watt high pressure sodium lights on 14 foot high Hallbrook post top poles with underground wiring and that the assessments set forth in said Special Assessment District No 421 Roll 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 421 based on installation of three (3) 100-watt high pressure sodium lights on 14 foot high Hallbrook post top poles with underground wiring 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 endorses 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 for this purpose, and FURTHER, a sum not to exceed $10,018 00 is hereby authorized from the cash payments posted by or collected from the developer of the Gruda Site Condominiums in order to defray the Detroit Edison contribution-in-aid costs connected with this street lighting installation project. On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was Regular Meeting Minutes of February 13, 2008 36606 #55-08 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish Industrial Development Districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an Industrial Development Overlay District encompassing all M-1/M-2 industrial zoned properties in Section 28, consisting of approximately 551 acres, more particularly described in Exhibit A, attached hereto and incorporated by referenced herein, which area is hereinafter referred to as "City of Livonia Industrial Development Overlay District No 111", and WHEREAS, written notice has been given by certified mail to all owners of real property within the boundaries of City of Livonia Industrial Development Overlay District No 111 regarding the Council's pending action on this resolution and of their right to a hearing on the establishment of proposed City of Livonia Industrial Development Overlay District No 111, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development Overlay District No 111 , and law WHEREAS, on Monday, January 28, 2008, a public hearing was held on the establishment of proposed City of Livonia Industrial Development Overlay District No 111, at which time owners, residents and taxpayers of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development Overlay District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development Overlay District is hereby designated as the "City of Livonia Industrial Development Overlay District No 111 " EXHIBIT A Beginning at the Northeast corner of said section and proceeding thence S 02°55'42"E , 5,427 57 feet to the Southeast corner of said Regular Meeting Minutes of February 13, 2008 36607 section, thence S 8156'23"W, 5,289 50 feet to the Southwest corner of said section, thence N 02°32'48"W , 5,404 56 feet to the Northwest corner of said section, thence N 87°41'48"E , 5,253 17 feet to the point of beginning and the Northeast corner of said section, excluding the following described area which is zoned residential Lot 1 through Lot 18 of the Newman Wadsworth Farms Subdivision as recorded in LibT. 71 of Plats on Page 56, W C R. also excluding Lot 16 through Lot 20 of the Walter Dann Subdivision as recorded in Liber 67 of Plats on Page 79, W C R. also excluding Lot 12 through Lot 112 and Lot 114 through Lot 127 of the Alden Village Subdivision as recorded in Liber 66 of Plats on Page 78, W C R. also excluding The North 300 feet of the following described parcel, a parcel of land described as beginning at a point distant due West 1,328 40 feet from the Southeast corner of Section 28 and proceeding thence N 01°25'00"W , 647 60 feet; thence S 89°41'00"W , 133 20 feet; thence S 01°24'00"E , 646 90 feet; thence due East 133 46 feet to the point of beginning also excluding A parcel of land described as beginning at the Southeast corner of Lot 125 of the Alden Village Subdivision as recorded in Liber 66 of Plats on Page 78, W CR and proceeding thence S 01°39'20"W , 18 60 feet; thence N 88°21'40"W , 97.26 feet; thence N 01°01'20"E , 18 60 feet; thence S 88°21'40"E , 97 46 feet to the point of beginning also excluding The North 300 feet of the following described parcel, a parcel of land described as beginning at a point distant S 89°17'20"E , 331 55 feet from the South 1/4 corner of Section 28 and proceeding thence N 00°28'00"W , 643 94 feet; thence S 89°51'50"E , 225 41 feet; thence S 00°29'30"E , 646 21 feet; thence N 89°17'20"W , 225 76 feet to the point of beginning also excluding Regular Meeting Minutes of February 13, 2008 36608 A parcel of land described as beginning at a point distant S 88°17'20"E , 1,039 42 feet and S 0123'38"W , 528 69 feet from the West 1/4 corner of Section 28 and proceeding thence S 88°47'30"E , 1,140 71 feet; thence S 0122'10"W , 436 82 feet; thence N 88°41'40"W , 384 00 feet; thence N 12°40'12"W , 206 10 feet; thence N 88°41'40"W , 474 03 feet; thence S 12°40'12"E , 206 10 feet; thence, N 88°41'40"W , 282.86 feet; thence N 0123'38"E , 434 88 feet to the point of beginning also excluding A parcel of land described as beginning at the Northeast corner of Lot 95 of the Alden Village Subdivision as recorded in Liber 66 of Plats on Page 78, W C R. and proceeding thence N 89°21'00"W , 182 97 feet; thence N 00°42'50"E , 437 84 feet; thence S 89°29'47"E , 240 31 feet; thence S 00°2200"W , 177.24 feet, thence N 89°21'00"W , 60 00 feet; thence S 00°22'00"W , 260 00 feet to the point of beginning also excluding A parcel of land described as beginning at the Southwest corner of Lot 43 of the Alden Village Subdivision as recorded in Liber 66 of Plats on Page 78, W C R. and proceeding thence S 00°42'50"W , 60 00 feet; thence N 89°21'00"W , 179 38 feet; thence N 00°44'20"E , 1,150 85 feet; thence S 89°15'40"E , 147 00 feet; thence S 00°44'20"W , 430 65 feet; thence S 89°21'00"E , 92 05 feet; thence S 00°42'50"W , 200 00 feet; thence N 89°21'00"W , 60 00 feet; thence S 00°42'50"W , 460 00 feet to the point of beginning On a motion by Robinson, seconded by Godfroid-Marecki, and unanimously adopted, it was #56-08 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish Industrial Development Districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an Industrial Development Overlay District encompassing all M-1/M-2 industrial zoned properties in Section 30, consisting of approximately 530 acres, more particularly described in Exhibit A, attached hereto and incorporated by referenced herein, which area is hereinafter referred to as "City of Livonia Industrial Development Overlay District liii No 112", and Regular Meeting Minutes of February 13, 2008 36609 WHEREAS, written notice has been given by certified mail to all owners of real property within the boundaries of City of Livonia 4161. Industrial Development Overlay District No 112 regarding the Council's pending action on this resolution and of their right to a hearing on the establishment of proposed City of Livonia Industrial Development Overlay District No 112; and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a (public hearing on the establishment of the proposed City of Livonia Industrial Development Overlay District No 112, and WHEREAS, on Monday, January 28, 2008, a public hearing was held on the establishment of proposed City of Livonia Industrial Development Overlay District No 112, at which time owners, residents and taxpayers of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development Overlay District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development Overlay District is hereby designated as the "City of Livonia Industrial Development Overlay District No 112 " EXHIBIT A Beginning at the Northeast corner of said section and proceeding thence S 02°42'15"E , 5,277 38 feet to the Southeast corner of said section, thence S 88°45'45"W, 5,214.20 feet to the Southwest corner of said section, thence N 0008'06'W , 5,273 87 feet to the Northwest corner of said section, thence N 88°43'51"E , 4,977 64 feet to the point of beginning and the Northeast corner of said section, excluding the following described area which is zoned residential Lot 1 through Lot 59 of the Newburgh Estates Subdivision as recorded in Liber 68 of Plats on Page 45, W C R also excluding Regular Meeting Minutes of February 13, 2008 36610 A parcel of land described as beginning at a point on the East line of said section distant N 00°04'20"E , 1,098 14 feet from the intersection of said East line and the center line of Plymouth Road and proceeding thence due West 1,153 85 feet; thence N 00°05'00"E , 377 54 feet; thence due East 1,153 79 feet to the East line of said section thence S 00°04'20'W , 377 54 feet to the point of beginning except the East 60 0 feet thereof also excluding Lot 504 through Lot 536, also Lot 537 except the South 274 17 feet thereof of Supervisor's Livonia Plat No 9 as recorded in Liber 66 of Plats on Page 60, W C R. also excluding Lot 1 through Lot 42 of the Hunters Pointe Subdivision as recorded in Liber 107 of Plats on Pages 23 through 26, W C R. also excluding Wayne County Condominium Plan No 837 also known as the Hunters Park Estates Condominium as recorded in Liber 42274 on Pages 121 through 177, W C R. also excluding Lot 540 except the South 330 00 feet and except the North 27 00 feet, Lot 541 except the South 557 00 feet and except the North 27 00 feet and Lot 542 except the South 540 00 feet and except the North 27 00 feet all of Supervisor's Livonia Plat No 9 as recorded in Liber 66 of Plats on Page 60 W C R. also excluding Part of Lot 543 of Supervisor's Livonia Plat No 9 as recorded in Liber 66 of Plats on Page 60, W C R described as commencing at the Northwest corner of Lot 543 thence S 01°24'50"E , 28 02 feet to the point of beginning and proceeding thence S 75°52'20"E , 102 93 feet; thence S 01°24'50"E , 111 45 feet, thence S 87°5615'W , 48 79 feet; thence N 84°42'04'W , 50 70 feet, thence N 01°24'50"W , 133 65 feet to the point of beginning • also excluding Regular Meeting Minutes of February 13, 2008 36611 Part of Lots 543 through 546 of Supervisor's Livonia Plat No 9 as recorded in Liber 66 of Plats on Page 60, W C R. described as beginning at the Northeast corner of Lot 543 and proceeding thence S 75°52'20"E , 285 90 feet; thence S 01°33'20"E., 148 04 feet; thence N 77°43'13"W , 138 33 feet; thence N 73°13'47"E , 82.23 feet; thence N 7538'01"W , 131 67 feet, thence N 01°29'40"W , 148 13 feet; thence S 75°52'20"E , 66 66 feet to the point of beginning also excluding Wayne County Condominium Plan No 494 also known as the Parz- Parkview Site Condominium as recorded in Liber 30011 on Pages 2473 through 2529, W C R. also excluding Lot 12 through Lot 40 and Lot 54 through Lot 69 together with 1/2 of the vacated alleys adjacent to Lots 12, 40 and 54 of the Chaney & Bakewell's Plymouth Park Subdivision as recorded in Liber 55 of Plats on Page 77, W C R. also excluding Lot 1 through Lot 9 of the Heart Subdivision as recorded in Liber 104 of Plats on Pages 28 through 31, W C R. also excluding A parcel of land described as beginning at a point distant due North 810 72 feet from the South 1/4 corner of Section 30 and proceeded thence due West 143 00 feet; thence due North 301 83 feet; thence S 74°43'20"E , 148 37 feet; thence due South 262.36 feet to the point of beginning also excluding A parcel of land described as beginning at a point distant N 89°09'16"W , 143 01 feet from the South corner of Section 30 and proceeding thence N 89°09'16'W , 205 00 feet thence S.88°50'35"W , 2,220 82 feet; thence N 01°49'50"W , 1,173 04 feet; thence S 75°32'06"E , 272 18 feet; thence N 01°55'20"E , 308 75 feet; thence N 88°04'40"E , 171 26 feet; thence N 01°55120"E , 271 45 feet; thence S 74°36'40"E , 603 28 feet; thence S 76°31'1 3"E , 579 14 feet; thence S 74°34'20"E , 895 77 feet; thence due South 1,114 64 feet to the point of beginning Regular Meeting Minutes of February 13, 2008 36612 On a motion by Godfroid-Marecki, seconded by Laura, and unanimously adopted, it was #57-08 RESOLVED, that having considered a request by James A. Ketal, Member, Etkin Equities, L L.0 , agent for Schoolcraft Commons Unit 15, L L C , dated December 7, 2007, requesting to establish an Industrial Development District at 17950 Haggerty Road in Section 7.within the City of Livonia, the Council does hereby determine to take no further action with regard to this matter due to the fact that the applicant has withdrawn such request. A communication from Claudia Summers, McLaren Performance Technologies, 32233 West Eight Mile Road, Livonia, dated February 12, 2008, re withdrawal of two rezoning petitions submitted by McLaren Performance Technologies in 2007, was received and placed on file for the information of the Council (Petition 2007-11-01-08 and Petition 2007-11-01-09) On a motion by McCann, seconded by Laura, and unanimously adopted, it was #58-08 RESOLVED, that having considered a communication from the City Planning Commission, dated December 14, 2007, which sets forth its resolution 12-132-2007, adopted on December 11, 2007, with regard to Petition 2007-11-01-08, submitted by McLaren Performance Technologies for a change of zoning of the northerly 19 42 feet of the southerly 301 45 feet of property located on the south side of Eight Mile Road between Parker Avenue and Hubbard Road (32233 Eight Mile Road) in the Northeast 1/4 of Section 3, from R-3 to ML, and the Council having conducted a public hearing with regard to this matter on January 28, 2008, and having considered a subsequent communication from McLaren Performance Technologies, dated February 12, 2008, withdrawing such request, the Council does hereby determine to take no further action with respect to this item On a motion by Knapp, seconded by Laura, and unanimously adopted, it was #59-08 RESOLVED, that having considered a communication from the City Planning Commission, dated December 14, 2007, which Regular Meeting Minutes of February 13, 2008 36613 sets forth its resolution 12-133-2007, adopted on December 11, 2007, with regard to Petition 2007-11-01-09, submitted by McLaren Performance Technologies for a change of zoning of the southerly 282 03 feet of property located on the south side of Eight Mile Road between Parker Avenue and Hubbard Road (32233 Eight Mile Road) in the Northeast 1/4 of Section 3, from R-3 to P, and the Council having conducted a public hearing with regard to this matter on January 28, 2008, and having considered a subsequent communication from McLaren Performance Technologies, dated February 12, 2008, withdrawing such request, the Council does hereby determine to take no further action with respect to this item On a motion by McCann, seconded by Godfroid-Marecki, and unanimously adopted, it was #60-08 RESOLVED, that having considered a letter dated February 4, 2008, from the Department of Law, wherein it is requested that Council Resolution 486-07 be amended to incorporate the hours for the Dance, Food, Meeting, and Guest Registration permits, the Council does hereby amend and revise Council Resolution 486-07 so as to read as follows RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 2, 2007, and the report and recommendation of the Chief of Police, dated August 31, 2007, approved for submission by the Public Safety Director and the Mayor, the Council does hereby approve of the request from Crescent Hotels & Resorts, LLC (a Delaware Limited Liability Company) and Livonia Hotel LLC (a Delaware Limited Liability Company) (co-licensees) to transfer ownership of a 2006 Resort B-Hotel licensed business (MCL 436 1531[4]), non-transferable) with Dance Permit, Official Permit (Food), 4 bars, and 224 rooms from CCMH Diversified LLC (a Delaware Limited Liability Company) (co-licensee), HMC Diversified American Hotels, L.P (a Delaware Limited Partnership) (co-licensee), and Marriott Hotel Services, Inc (a Delaware Corporation) (co- licensee), for a business located at 17100 Laurel Park. Livonia, Michigan, 48152, Wayne County; FURTHER, the Council does hereby approve the request for a new Official Permit (Dance, Guest Registration, Meetings) for the business located at 17100 Laurel Park, Livonia, Michigan, 48152, Wayne County, and the hours for these permits shall be as follows Dance Normal legal hours of operation 7 00 a m until 2 30 a m tb• Monday through Saturday and 1200. Noon until 2 30 a m Sunday Regular Meeting Minutes of February 13, 2008 36614 Food Normal legal hours of operation 7-00 a.m until 2-30 a m Monday through Saturday and 12 00 Noon until 2 30 am Sunday; and Extended hours 2 30 a m to 7 00 a m. Monday through Saturday and 2 30 a m through 12-00 Noon Sunday Meetings Normal legal hours of operation 7 00 a m until 2 30 am Monday through Saturday and 12-00 Noon until 2 30 a m Sunday; and Extended hours 2 30 a m to 7-00 a m Monday through Saturday and 2 30 a m through 12-00 Noon Sunday Guest Registration Normal legal hours of operation TOO a m until 2 30 a m Monday through Saturday and 12 00 Noon until 2 30 a m Sunday; and Extended hours 2 30 a m to 7 00 a m. Monday through Saturday and 2 30 a m through 12-00 Noon Sunday and the City Clerk is hereby requested to forward a certified copy of this amended resolution to the Michigan Liquor Control Commission On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was. #61-08 RESOLVED, that having received a letter from Council President, Laura Toy, dated January 31, 2008, requesting the reorganization of outstanding committee items, the Council does hereby approve the referral of all outstanding committee items into the committees as recently reorganized by the Council in January, 2008 There was no audience communication at the end of the meeting On a motion by Robinson, seconded by Laura, and unanimously adopted, this 1,602nd Regular Meeting of the Council of the City of Livonia was adjourned at 8 34 p m C--XfidACL,‘ ;nab 61110 Linda Grimsby, City Clerk