HomeMy WebLinkAboutCOUNCIL MINUTES 2013-02-25 38576
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND TWENTY THIRD
REGULAR MEETING OF FEBRUARY 25, 2013
On February 25, 2013, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President
of the Council at 7 00 p m Kritzman led the meeting with an invocation
Roll was called with the following result: Brandon Kritzman, John Pastor,
Thomas Robinson, Maureen Miller Brosnan, and Laura Toy Absent: James McCann
and Joe Laura
Elected and appointed officials present: Mark Taormina, City Planner;
Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Don Knapp, City
Attorney; and Mayor Jack Kirksey
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#38-13 RESOLVED, that the Minutes of the 1,722nd Regular
Meeting of the Council held February 11, 2013, are hereby approved as
submitted
Robinson announced the 26th Annual Bowling for Braille Books for the
Seedlings organization is set for Saturday, March 23, 2013, starting at 1 00 p m at
Plaza Lanes in Plymouth located at 42001 Ann Arbor Road Robinson stated if
residents are interested in obtaining more information to contact him at the Council
office at (734) 466-2251 or residents can visit their website at www seedlings org
President Toy announced there would be an "X" item addressed at the
end of the meeting concerning a request from the Department of Law to schedule a
closed Committee of the Whole meeting to discuss pending litigation and
attorney/client privileged communications with respect to Gregory Montgomery v City
of Livonia, et al
President Toy announced a public hearing to be held on Monday, March
18, 2013, at 8 00 p m in the Auditorium of City Hall, 33000 Civic Center Drive,
Livonia, Michigan
Petition 2012-10-01-06 submitted by RJ Realty Holding Company, L.L.0
to rezone the properties at 37450 and 37478 Schoolcraft Road, located
Regular Meeting Minutes of February 25, 2013 38577
on the north side of Schoolcraft Road between Newburgh Road and
Richfield in the Southeast 1/4 of Section 19, from OS (Office Services)
and RUF (Rural Urban Farm) to C-2 (General Business)
There was no Audience Communication at the beginning of the meeting
On a motion by Robinson, seconded by Kritzman, it was
#39-13 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
February 1, 2013, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and to which is attached a
report containing an explanation of the proposed 2013-2014 Community
Development Block Grant (CDBG) Program and tentative Budget, the
Council does hereby take this means to indicate its informal approval of
the proposed program and tentative Budget and does further authorize
the Housing Commission to conduct a second public hearing on this
matter for public comment and to thereafter prepare a final program and
Budget for submission to the City Council
#40-13 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated February 5, 2013,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the quote of
Soave Landscaping, Inc , 12822 Stark Road, Livonia, Michigan 48150,
to demolish and remove the structure located at 15104 Lyons, in the
amount of $11,900 00, pursuant to Council Resolution 467-12, adopted
on November 21, 2012, FURTHER, the Council does hereby authorize
an expenditure in the amount of $11,900 00 from Account No 205-525-
882-050 (Civic Improvement - Unsafe Buildings) for this purpose, with
the understanding that said account be reimbursed at such time as funds
are subsequently recovered from the owners of such property, as
provided for in Chapter 15 52 180 of the Livonia Code of Ordinances, as
amended
#41-13 RESOLVED, that having considered a communication from
the Mayor, dated January 25, 2013, concerning the reappointment of
Richard W McDowell to the Board of Ethics, and pursuant to Section
2 200 070 of the Livonia Code of Ordinances, as amended, the Council
does hereby consent to and confirm the reappointment of Richard W
McDowell, 19538 Norwich, Livonia, Michigan 48152, to the Board of
Ethics for a three year term expiring March 1, 2016
#42-13 RESOLVED, that having considered a communication from
the Mayor, dated January 25, 2013, wherein he has requested approval
of the reappointment of Ronald Reinke, 15025 Golfview, Livonia,
Michigan 48154, to the Local Officers Compensation Commission for a
seven year term expiring April 2, 2020, pursuant to Section 2.48 020 of
Regular Meeting Minutes of February 25, 2013 38578
the Livonia Code of Ordinances, as amended, the Council does hereby
confirm and approve such reappointment.
Iwo
#43-13 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated January 15, 2013, which bears the signature of the Director of
Finance and the City Attorney, and is approved for submission by the
Mayor, to which is attached a proposed Agreement between the City of
Livonia and Oakland County, for the maintenance and energy charges of
the traffic signal at Eight Mile and Brentwood Street, 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 approve of the City
assuming 33 1/3% of the monthly costs (Oakland County will assume 66
2/3% of the monthly costs) and does authorize this expenditure from
funds budgeted in Account No 202-475-973-010 (Traffic Signals) for this
purpose, and the City Clerk is hereby requested to forward a certified
copy of this resolution, together with two signed Agreements, to the
Road Commission for Oakland County
#44-13 RESOLVED, that having considered a letter from Brian
Duggan, Member, Livonia Exchange Club, received in the Office of the
City Clerk on February 6, 2013, the Council does hereby take this means
to indicate that Livonia Exchange Club is recognized as a non-profit
organization operating in the community, and the action herein being
taken for the purpose of affording Livonia Exchange Club an opportunity
to obtain a charitable gaming license or registration from the State of
Michigan in accordance with provisions of State statute
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Kritzman, Pastor, Robinson, Brosnan, and Toy
NAYS None
On a motion by Pastor, seconded by Robinson, and unanimously
adopted, it was
#45-13 RESOLVED, that having considered a communication from
the Mayor, dated January 25, 2013, concerning the reappointment of
James R McCann to the Board of Ethics, and pursuant to Section
2.200 070 of the Livonia Code of Ordinances, as amended, the Council
does hereby consent to and confirm the reappointment of James R
McCann, 15722 Golfview, Livonia, Michigan 48154, to the Board of
Ethics for a three year term expiring March 1, 2016
Regular Meeting Minutes of February 25, 2013 38579
On a motion by Pastor, seconded by Kritzman, and unanimously
adopted, it was
#46-13 WHEREAS, the City Clerk has received an application for
Industrial Facilities Exemption Certificate from Delta Research
Corporation, dated December 20, 2012, covering new equipment
installed at 32971 Capitol, Livonia, MI 48150 (Industrial Development
Overlay District #109)
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed equipment is to be located, i e , the City of Livonia, and
advised each of them that the said Application has been received, and
WHEREAS, the aggregate SEV of real and personal property exempt
from ad valorem taxes within the City of Livonia, after granting this
certificate, will not exceed 5% of an amount equal to the sum of the SEV
of the unit, plus the SEV of personal and real property thus exempted,
and
WHEREAS, the City Council has afforded Delta Research Corporation,
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, February 4, 2013, 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, Delta Research Corporation, finds and
determines (a) that the granting of this Industrial Facilities
Exemption Certificate shall not have the effect of substantially
impeding the operation of the local governmental unit or impairing
the financial soundness of any taxing unit which levies an ad
valorem property tax in the local governmental unit in which the
equipment is to be located, and (b) the applicant has fully
complied with the requirements of Section 9, Act No 198, P.A.
1974, as amended
2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Delta Research
Corporation, covering new equipment for their facility located
within the City of Livonia Industrial Development Overlay District
No 109, for 12 years
Regular Meeting Minutes of February 25, 2013 38580
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a Letter of Agreement between
the applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and
the City Council upon approval of an Industrial Facilities
Exemption Certificate, the Council hereby authorizes the
Administration to negotiate such Letter of Agreement and
authorizes the Mayor and City Clerk to sign such Letter of
Agreement as duly executed by the applicant and incorporate
such Letter of Agreement as part of the documentation required to
process applications for Industrial Facilities Exemption
Certificates
On a motion by Pastor, seconded by Kritzman, and unanimously
adopted, it was
#47-13 WHEREAS, the City Clerk has received an application for
Industrial Facilities Exemption Certificate from Delta Gear Inc , dated
December 20, 2012, covering new equipment installed at 36251
Schoolcraft, Livonia, MI 48150 (Industrial Development Overlay District
#110)
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed equipment is to be located, i e , the City of Livonia, and
advised each of them that the said Application has been received, and
WHEREAS, the aggregate SEV of real and personal property exempt
from ad valorem taxes within the City of Livonia, after granting this
certificate, will not exceed 5% of an amount equal to the sum of the SEV
of the unit, plus the SEV of personal and real property thus exempted,
and
WHEREAS, the City Council has afforded Delta Gear 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, February 4, 2013, 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, Delta Gear Inc , finds and determines (a) that
the granting of this Industrial Facilities Exemption Certificate shall
not have the effect of substantially impeding the operation of the
Regular Meeting Minutes of February 25, 2013 38581
local governmental unit or impairing the financial soundness of
any taxing unit which levies an ad valorem property tax in the
local governmental unit in which the equipment is to be located,
and (b) the applicant has fully complied with the requirements of
Section 9, Act No 198, P.A. 1974, as amended
2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Delta Gear Inc.,
covering new equipment for their facility located within the City of
Livonia Industrial Development Overlay District No 110, for 12
years
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a Letter of Agreement between
the applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and
the City Council upon approval of an Industrial Facilities
Exemption Certificate, the Council hereby authorizes the
Administration to negotiate such Letter of Agreement and
authorizes the Mayor and City Clerk to sign such Letter of
Agreement as duly executed by the applicant and incorporate
such Letter of Agreement as part of the documentation required to
process applications for Industrial Facilities Exemption
Certificates
Robinson gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 42A OF ARTICLE XVIII OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" (Petition 2012-11-06-11)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The
above Ordinance was placed on the table for consideration at an upcoming Regular
meeting
On a motion by Pastor, seconded by Kritzman, and unanimously
adopted, it was
#48-13 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda
On a motion by Pastor, seconded by Brosnan, it was
Regular Meeting Minutes of February 25, 2013 38582
#49-13 RESOLVED, that having considered a communication from
the Department of Law, dated February 25, 2013, 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, Gregory Montgomery v City of Livonia, et al
A roll call vote was taken on the foregoing resolution with the following result:
AYES Kritzman, Pastor, Robinson, Brosnan, and Toy
NAYS None
The President declared the resolution adopted
There was no Audience Communication at the end of the meeting
On a motion by Pastor, seconded by Robinson, and unanimously
adopted, this 1,723 ' Regular Meeting of the City of Livonia was adjourned at 7 12
pm
Terry A. Marecki, City Clerk