HomeMy WebLinkAboutCOUNCIL MINUTES 2011-08-08 37963
MINUTES OF THE ONE THOUSAND SIX HUNDRED EIGHTY SIXTH
REGULAR MEETING OF AUGUST 8, 2011
On August 8, 2011, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan and was called to order by the President of the
Council at 8 00 p m Councilmember Toy led the meeting with the Pledge of
Allegiance
Roll was called with the following result: Laura Toy, Maureen Miller
Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, and James McCann
Absent: Joe Laura.
Elected and appointed officials present: Todd Zilincik, City Engineer;
Mark Taormina, City Planner; Don Knapp, City Attorney; Terry Marecki, City Clerk,
Robert Stevenson, Chief of Police, Jim Inglis, Housing Director; Dennis Wright, City
Treasurer; former Councilmember Thomas Robinson, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#236-11 RESOLVED, that the Minutes of the 1,685th Regular
Meeting of the Council held July 18, 2011, are hereby approved as
submitted
President McCann announced the following Public Hearing to be held
on Monday, August 15, 2011, at 7 00 p m in the Auditorium of the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan
Lynn A Gandhi, Honigman Miller Schwartz and Cohn, LLP, on behalf
of Tina Ding, President of Leapers Inc , is requesting approval of an
Industrial Facilities Exemption Certificate for the purchase of new
equipment and machinery for their facility to be located at 32500
Capitol Street, Livonia, MI 48150, as well as for the transfer of a
previously approved Industrial Facilities Exemption Certificate from
32700 Capitol Street to 32500 Capitol Street. (Industrial Development
Overlay District #110)
Regular Meeting Minutes of August 8, 2011 37964
Mayor Kirksey addressed Council to express concern about a recent,
unfortunate incident which appeared to be racial intimidation that occurred at the
AMC 20 Theater last week wherein a pick-up truck with three male occupants threw
a beverage in the face of a six year old victim as the vehicle drove by Mayor
Kirksey explained he hosted a press conference earlier in the day to provide the
media with an update on the situation Mayor Kirksey indicated there is typically a
$1,000 reward offered by Crimestoppers for information leading to the arrest of the
individuals involved, however, he encouraged residents to pledge additional reward
money to assist the Police in the arrest and conviction of the three male individuals
who were involved in this cowardly incident. Mayor Kirksey indicated collectively the
Council, Mayor and other elected officials have offered an additional $1,000 in
reward money and encouraged anyone with information to come forward
Police Chief Robert Stevenson reiterated the event described by
Mayor Kirksey and provided additional details stating the incident occurred last
Tuesday afternoon at the AMC 20 Theater in Livonia just shortly after 2 00 p m
Chief Stevenson stated there were three white males involved in the incident who
were described as driving a faded red Ford F-150 pick-up with a black top Chief
Stevenson explained the surveillance cameras at the theater were not in a position
to get the license plate on the subject vehicle Chief Stevenson encouraged the
public to assist with any information witnessed in this unfortunate event and stated
all tips will be investigated to the fullest extent to ensure the suspects involved can
be apprehended and prosecuted
There was no Audience Communication at the beginning of the
meeting
A communication from the Department of Finance, dated July 20,
2011, re forwarding various financial statements of the City of Livonia for the month
ending June 30, 2011, was received and placed on file for the information of the
Council
On a motion by Toy, seconded by Schwartz, it was
#237-11 RESOLVED, that having considered an application from
Doug Kieselbach, 31243 Minton, dated July 15, 2011, requesting
permission to close Minton between Merriman Road and Sunset on
Saturday, September 10, 2011, from 3 00 p m to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the
said affair on Saturday, September 17, 2011, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
Regular Meeting Minutes of August 8, 2011 37965
#238-11 RESOLVED, that having considered a communication
from the City Clerk, dated July 11, 2011, forwarding an application
submitted by Laura George, 44299 Princeton Dr , Clinton Township,
Michigan 48038, for a massage therapist permit and in accordance
with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the
Council does hereby approve this request in the manner and form
herein submitted, and the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this resolution
#239-11 RESOLVED, that having considered a communication
from the City Clerk, dated July 11, 2011, forwarding an application
submitted by Ying Hong Tang, 2.6311 W 14 Mile Road, Franklin,
Michigan 48025, for a massage apprentice permit and in accordance
with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the
Council does hereby approve this request in the manner and form
herein submitted, and the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this resolution
#240-11 RESOLVED, that having considered a communication
from the City Clerk, dated July 11, 2011, forwarding an application
submitted by Feng Qu, 846 Canterbury Dr , Canton, Michigan 48187,
for a massage apprentice permit and in accordance with Chapter 5 49
of the Livonia Code of Ordinances, as amended, the Council does
hereby approve this request in the manner and form herein submitted,
and the City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
#241-11 RESOLVED, that having considered a communication
from the City Clerk, dated July 11, 2011, forwarding an application
submitted by Xiu Ying Limbright, 1087 Canterbury Circle, Canton,
Michigan 48187, for a massage apprentice permit and in accordance
with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the
Council does hereby approve this request in the manner and form
herein submitted, and the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this resolution
#242-11 RESOLVED, that having considered a communication
from the City Clerk, dated July 11, 2011, forwarding an application
submitted by Zhiping Xu, 1257 Kirts Blvd , Apt. 212, Troy, Michigan
48084, for a massage apprentice permit and in accordance with
Chapter 5 49 of the Livonia Code of Ordinances, as amended, the
Council does hereby approve this request in the manner and form
herein submitted, and the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this resolution
#243-11 RESOLVED, that having considered a communication
from the City Clerk, dated July 11, 2011, forwarding an application
submitted by Tao Song, 20444 Purlingbrook St., Livonia, Michigan
Regular Meeting Minutes of August 8, 2011 37966
48152, for a massage apprentice permit and in accordance with
Chapter 5 49 of the Livonia Code of Ordinances, as amended, the
Council does hereby approve this request in the manner and form
herein submitted, and the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this resolution
#244-11 RESOLVED, that having considered a communication
from the City Clerk, dated July 12, 2011, forwarding an application
submitted by Amber Lucas, 3060 Geneva St., Dearborn, Michigan
48124, for a massage apprentice permit and in accordance with
Chapter 5 49 of the Livonia Code of Ordinances, as amended, the
Council does hereby approve this request in the manner and form
herein submitted, and the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann
NAYS None
An e-mail communication from the Director of Finance, dated July 22,
2011, re request from Universal Advisors, LLC, to transfer ownership of a 2010
Class C licensed business with outdoor service for business located at 36071
Plymouth Road, outlining the outstanding water and sewer and personal property tax
bills owed for the subject property, was received and placed on file for the
information of the Council
A communication dated July 12, 2011, containing the signed Letter of
Understanding from Universal Advisors, LLC, to transfer ownership of a 2010 Class
C licensed business with outdoor service for business located at 36071 Plymouth
Road, was received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Toy, it was
RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 18, 2011, and the
report and recommendation of the Chief of Police, dated July 5, 2011,
approved for submission by the Mayor, the Council does hereby refer
the request from Universal Advisors, LLC, to transfer ownership of a
Regular Meeting Minutes of August 8, 2011 37967
2010 Class C licensed business with Outdoor Service (1 area), Dance-
Entertainment Permit, Official Permit (Food) and 3 bars from Kickers
All American Grill, Inc , Michael A Gust, Receiver (Step 2) for a
business located at 36071 Plymouth Road, Livonia, Michigan 48150,
Wayne County, to the Committee of the Whole for its report and
recommendation
Meakin stepped down from the podium at 8 14 p m to avoid a perceived conflict of
interest.
Sarah Clarkston, Attorney, 2701 Troy Center Drive, Suite 100, Troy, Michigan, was
present to answer any questions of Council and provided supplemental information
indicating the Petitioner was working on paying back taxes and delinquent water bills
to bring the subject property up to date and explained the final matter with regard to
the property in Receivership was the transfer of the liquor license
John O'Neill, Universal Advisors, LLC, 30801 Barrington Street, Madison Heights,
Michigan was present to answer any questions of Council Mr O'Neill indicated he
has made payment arrangements with City Treasurer Dennis Wright to bring the
subject property up to date with delinquent water and sewer bills and plans to start
making more financial headway with the delinquent real and personal property taxes
once the water bills have been brought up to date
After much discussion by the Council, Brosnan and Toy then withdrew their motions
on the foregoing resolution
On a motion by Pastor, seconded by Brosnan, it was
#245-11 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 18, 2011, and the
report and recommendation of the Chief of Police, dated July 5, 2011,
approved for submission by the Mayor, the Council does hereby
approve of the request from Universal Advisors, LLC, to transfer
ownership of a 2010 Class C licensed business with Outdoor Service
(1 area), Dance-Entertainment Permit, Official Permit (Food) and 3
bars from Kickers All American Grill, Inc , Michael A. Gust, Receiver
(Step 2) for a business located at 36071 Plymouth 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 roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Brosnan, Schwartz, Pastor, and McCann
NAYS None
The President declared the resolution adopted
Regular Meeting Minutes of August 8, 2011 37968
Meakin returned to the podium at 8 47 p m
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
was
#246-11 RESOLVED, that having considered a letter from the
Director of Housing, dated July 13, 2011, relating to the tax-foreclosed
property at 27612 Pembroke, the Council does hereby authorize the
exercise of the City's statutory right of first refusal with respect to such
property, and payment to the County therefore in the amount of the
statutory minimum bid, being $7,915 82 for 27612 Pembroke, upon
payment to the City of those amounts from Community Development
Block Grant Funds (Account No 233-800-818-683), FURTHER, the
Council does hereby authorize an additional expenditure in the amount
of $1,000 00 for closing costs, for a total cost of $8,915 82, and the
Mayor and City Clerk are hereby authorized to execute documents on
behalf of the City of Livonia and to do all other things necessary or
incidental to the full performance of this resolution
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#247-11 RESOLVED, that having considered a communication
from the Director of Finance, dated July 22, 2011, approved for
submission by the Mayor, the Council does hereby determine to
conduct a Public Hearing on Monday, October 3, 2011, at 7 00 p m at
the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, with
respect to the Annual Budget for the fiscal year ending on November
30, 2012, and the City Clerk shall give adequate public notice of said
Public Hearing in accordance with provisions of law and City Charter
On a motion by Schwartz, seconded by Brosnan, and unanimously
adopted, it was
#248-11 RESOLVED, that having considered a communication
from the Director of Finance, dated July 22, 2011, approved for
submission by the Mayor, the Council does hereby refer the subject of
the Annual Budget for the fiscal year ending on November 30, 2012, to
the Finance, Budget and Technology Committee for its report and
recommendation
On a motion by Toy, seconded by Brosnan, and unanimously adopted,
it was
Regular Meeting Minutes of August 8, 2011 37969
#249-11 RESOLVED, that having considered a communication
from the Department of Law, dated August 1, 2011, wherein it is
requested that Council Resolution 52-11 be amended to include
verbiage in the resolution that approved an Industrial Facilities
Exemption Certificate for Quality Metalcraft, Inc at the Regular
Meeting of February 23, 2011, that is now required by the State of
Michigan Department of Treasury, the Council does hereby amend and
revise Council Resolution 52-11 so as to read as follows
WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Quality
Metalcraft, Inc , dated January 11, 2011, covering new industrial
facilities to be located within City of Livonia Industrial
Development Overlay District No 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 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 Quality Metalcraft,
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 14, 2011, at the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan
WHEREAS, the aggregate SEV of real and personal
property exempt from ad valorem taxes within the City of
Livonia after granting this certificate will not exceed 5% of
an amount equal to the sum of the SEV of the unit, plus the
SEV of personal and real property thus exempted
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information
received from the applicant, Quality Metalcraft, Inc , finds
and determines (a) that the granting of this Industrial
Facilities Exemption Certificate shall not have the effect
of substantially impeding the operation of the local
governmental unit or impairing the financial soundness of
any taxing unit which levies an ad valorem property tax in
the local governmental unit in which the facility is to be
located, and (b) the applicant has fully complied with the
requirements of Section 9, Act No 198, P.A. 1974, as
amended
Regular Meeting Minutes of August 8, 2011 37970
2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Quality
Metalcraft, Inc covering new industrial facilities to be
located within the City of Livonia Industrial Development
Overlay District No 109, for 9 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
On a motion by Meakin, seconded by Brosnan, and unanimously
adopted, it was
#250-11 RESOLVED, that having considered a communication
from the Department of Law, dated August 1, 2011, wherein it is
requested that Council Resolution 151-11 be amended to include
verbiage in the resolution that approved an Industrial Facilities
Exemption Certificate for Linear Mold & Engineering, Inc at the
Regular Meeting of May 11, 2011, that is now required by the State of
Michigan Department of Treasury, the Council does hereby amend and
revise Council Resolution 151-11 so as to read as follows
WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Linear Mold &
Engineering, Inc , dated March 10, 2011, covering new
industrial facilities to be located within City of Livonia Industrial
Development Overlay District No 111, and
WHEREAS, the City Clerk has notified in writing the Assessor of
the City of Livonia as well as the legislative body of each taxing
unit which levies ad valorem property taxes in the local
governmental unit in which the proposed facility is to be located,
i e , the City of Livonia, and advised each of them that the said
Application has been received, and
WHEREAS, the City Council has afforded Linear Mold &
Engineering, Inc , the Assessor, and a representative of each of
Regular Meeting Minutes of August 8, 2011 37971
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 , Wednesday, April 20, 2011, at the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan
WHEREAS, the aggregate SEV of real and personal
property exempt from ad valorem taxes within the City of
Livonia after granting this certificate will not exceed 5% of
an amount equal to the sum of the SEV of the unit, plus the
SEV of personal and real property thus exempted
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information
received from the applicant, Linear Mold & Engineering,
Inc , finds and determines (a) that the granting of this
Industrial Facilities Exemption Certificate shall not have
the effect of substantially impeding the operation of the
local governmental unit or impairing the financial
soundness of any taxing unit which levies an ad valorem
property tax in the local governmental unit in which the
facility is to be located, and (b) the applicant has fully
complied with the requirements of Section 9, Act No 198,
P.A. 1974, as amended
2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Linear
Mold & Engineering, Inc , covering new equipment for
their facility located within the City of Livonia Industrial
Development Overlay District No 111, for 6 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 incorporate such Letter of Agreement as part of
the documentation required to process applications for
Industrial Facilities Exemption Certificates
There was no Audience Communication at the end of the meeting
Regular Meeting Minutes of August 8, 2011 37972
On a motion by Toy, seconded by Pastor, and unanimously adopted,
this 1,686th Regular Meeting of the Council of the City of Livonia was adjourned at
851 pm
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Terry POMarecki, City Clerk