HomeMy WebLinkAboutCOUNCIL MINUTES 2013-06-17 38702
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND THIRTY FIRST
REGULAR MEETING OF JUNE 17, 2013
On June 17, 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 the Pledge
of Allegiance
Roll was called with the following result: Brandon Katzman, James
McCann, John Pastor, Thomas Robinson, Maureen Miller Brosnan and Laura
Toy Absent. Joe Laura
Elected and appointed officials present. Mark Taormina, City
Planner; Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer, Terry
Marecki, City Clerk, Don Knapp, City Attorney, Police Chief Curtis Cad, and
Mayor Jack Kirksey
On a motion by Robinson, seconded by Brosnan, and unanimously
adopted, it was
#186-13 RESOLVED, that the Minutes of the 1,730th Regular
Meeting of the Council held June 3, 2013, are hereby approved as
submitted
Brosnan thanked the Friends of Greenmead for having a Council
dinner at their facility last week to showcase the improvements and renovations
made to the Hill House which Brosnan indicated would be available for tour to
residents in the near future Brosnan thanked the Friends of Greenmead for their
hospitality and indicated the Hill House is a great showcase of Livonia heritage
President Toy thanked the Police and Fire Departments for a great
"Passport to Safety" event which was held the past Saturday, June 15th
President Toy stated the "Passport to Safety" event was a very educational event
with fun-filled and useful giveaways that provided much needed public safety
information to the general public
Katzman presented a tribute to the Livonia Jaycees on behalf of the
Council and Mayor Kirksey for their 60th Birthday as a community focused
Regular Meeting Minutes of June 17, 2013 38703
organization Katzman indicated the Jaycees will host a celebratory event on
Wednesday, June 19th at 5 30 p m at Bicentennial Park. Kritzman thanked the
Livonia Jaycees for their hard work, dedication and enrichment of the Livonia
community
Mark Garrison, past President and present Chairman of the Board,
Livonia Jaycees, was present to accept the commendation presented on behalf
of the Council and Mayor and was joined by several members of the Jaycees
Mr Garrison thanked the Council and Mayor Kirksey for the commendation and
indicated the Jaycees are very involved in some exciting, upcoming projects and
community events and invited residents interested to visit their website or
Facebook page Mr Garrison provided the phone number of (734) 968-0LIV to
anyone interested in obtaining further information about the Livonia Jaycees
Vice President Pastor congratulated and thanked the Debbie
Felton's Academy of Dance for his daughter's last dance recital last Saturday
Vice President Pastor indicated his daughter has danced at the Academy for the
past twelve years and thanked the Ms Felton's Dance Academy for helping his
daughter and all kids throughout the community
On a motion by Pastor seconded by Kritzman, it was
RESOLVED, that the Council having considered and
concurred with a request from Vice President John Pastor and
requested that the Ethics Board issue an advisory opinion to
determine if possible unethical conduct occurred with respect to
Councilman Thomas Robinson, who may have had a role in
discouraging Council candidates from running by placing a
telephone call(s) to one or more of the Council candidates
Following discussion by Council, Pastor and Kritzman then withdrew their motion
Vice President Pastor indicated he would submit a request in writing to the Ethics
Board for further investigation
President Toy announced there would be two X-items addressed at
the end of the meeting the first being a request to discharge Council Resolution
364-12 from further discussion of the Legislative Affairs Committee regarding a
proposed amendment to the Code of Ordinances- regarding fireworks, and the
second regarding a proposed Amendment to the Livonia Code of Ordinances as
requested by the Department of Law to enact an Ordinance barring use of
fireworks during specific time periods surrounding holidays
During Audience Communication, Christopher Martin, 12275
Inkster Road, addressed Council to provide a historical analogy of events
precipitating his installation of a fence at his business property to prevent theft.
Mr Martin indicated he gathered support and presented the matter as a hardship
to the Zoning Board of Appeals in order to prevent theft of his property
Regular Meeting Minutes of June 17, 2013 38704
Mayor Kirksey addressed Council to indicate a local radio station
announced in a morning broadcast the Council would vote on the original Police
Retention Programs as proposed by the Administration, which was incorrect
information because the subject matter was voted down by Council at its' last
Regular meeting Mayor Kirksey announced the annual Relay for Life event
hosted at Bentley Field was a huge success and raised $115,000 to fund cancer
research and treatment. Mayor Kirksey concluded by indicating the
Administration had received concerns from residents about DTE Energy installing
Smart meters throughout various residential neighborhoods and stated the City
could not do anything until the State Public Service Commission had made its
ruling Mayor Kirksey stated the City will do its best to support residents who do
not want Smart meters installed at their homes, but stated the City has no control
over the matter and referred concerns to the Attorney General and Public Safety
Commission as the proper authorities to handle the matter
On a motion by Pastor, seconded by Katzman, it was
#187-13 RESOLVED, that having considered the report and
recommendation of the Information Systems Director, dated May
15, 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 submitted by ESRI Inc , 380 New York Street,
Redlands, California 92373, to provide software maintenance for
Livonia's Geographic Information System (GIS) for a one year
period in the amount of $15,300 00, the same to be expended from
funds already budgeted in Account No 101-915-851-020 for this
purpose, FURTHER, the Council does hereby authorize this
purchase 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
#188-13 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated May 6, 2013, 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 five (5) Bullard T4N Thermal Image Cameras (TICs)
with extended warranties and chargers from Bullard, 1898 Safety
Way, Cynthiana, Kentucky 42031, in the total amount of
$59,250 00, FURTHER, the Council does hereby authorize an
expenditure in the amount of $14,250 00 from funds budgeted in
Account No 401-000-979-000 (Capital Projects — Equipment) to
fund the City's share of the purchase, FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed
$45,000 00 from grant funds available in Account No 223-639-528-
669, representing the federal share for this purpose, FURTHER,
the Council does hereby authorize the purchase of said items
without competitive bidding for the reasons indicated in the
Regular Meeting Minutes of June 17, 2013 38705
aforesaid communication and such action is taken in accordance
with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as
amended
#189-13 RESOLVED, that having considered a
communication from the Director of Housing, dated May 13, 2013,
wherein it is requested that Council Resolution 466-12 be amended
to reduce the sale price of two vacant lots located at 27621
Pembroke and 16425 Rougeway in order to expedite the real
estate transaction and save quiet title expenses, the Council does
hereby amend and revise Council Resolution 466-12 so as to read
as follows
RESOLVED, that having considered a communication from
the Director of Housing, dated October 22, 2012, which
bears the signature of the Director of Finance and is
approved for submission by the Mayor, submitted pursuant
to Council Resolutions 139-10, 281-12 and 246-11, the
Council does hereby approve the sale to Soave
Construction, Inc , of the following City-owned property,
further described as
20215 Floral Lots 435 and 436, Argonne Subdivision, Town
1 South, Range 9 East, Liber 40, Page 5, Wayne County
Records (Sidwell Nos 46-001-04-434-000 and 46-001-04-
0435-000) for a total purchase price of $15,000 00,
16425 Rougeway Lot 118, Park Woods Subdivision, Town
1 South, Range 9 East, Liber 67, Page 13, Wayne County
Records (Sidwell No 46-049-01-0118-000) for a total
purchase price of$15,000 00,
27621 Pembroke Lots 190, 191 and 192, also the north 1/2
of the adjacent vacated alley, Botsford Park Subdivision,
Town 1 South, Range 9 East, Liber 53, Page 77, Wayne
County Records, (Sidwell No 46-004-01-0190-000) for a
total purchase price of$9,000 00,
the actions herein being taken in order to best serve the
interests of the community and in accordance with Section
3 05 090.A of the Livonia Code of Ordinances, as amended,
FURTHER, the proceeds of such sale shall be allocated to
the CDBG and NSP programs as program income, and the
Mayor and City Clerk are hereby requested to execute Quit
Claim Deeds and such other documents as may be
necessary or incidental to fulfill the purpose of this
resolution, and the Department of Law is hereby requested
to prepare and place in proper form such legal documents as
Regular Meeting Minutes of June 17, 2013 38706
may be necessary to consummate this transaction, and the
City Clerk is hereby requested to have said Quit Claim
Deeds recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the
purpose of this resolution
#190-13 RESOLVED, that having considered a communication
from the Water and Sewer Board, dated May 7, 2013, which bears
the signature of the Director of Finance and is approved for
submission by the Mayor, and which sets forth Water and Sewer
Board resolution WS 4585 5/13, the Council does hereby accept
the bid of Etna Supply Company, 529 32nd Street, S E , Grand
Rapids, Michigan 49548, for supplying the Public Service Division
(Water Maintenance Section) with copper water tubing at the unit
prices as shown on the attachment to the aforementioned
communication for the estimated total cost of $15,570 00 for the
2013/2014 calendar year, the same having been in fact the lowest
bid received which meets all specifications, FURTHER, the amount
of $15,570 00 is hereby authorized to be expended from funds
already budgeted in Account No 592-000-111-070 (Water and
Maintenance Section) for this purpose
#191-13 RESOLVED, that having considered a communication
from the Water and Sewer Board, dated May 7, 2013, which bears
the signature of the Director of Finance and is approved for
submission by the Mayor, and which transmits its resolution WS
4586 5/13, the Council does hereby accept the bid of S L.0 Meter
Service, Inc , 10375 Dixie Highway, Davisburg, Michigan 48350, for
supplying the Public Service Division (Water Maintenance Section)
with water main repair clamps at the unit prices bid for a total
amount not to exceed $120,000 00 for a period of two years, the
same having been in fact the lowest bid received which meets all
specifications, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $120,000 00 from funds
already budgeted in Account No 592-000-111-020 (Water
Maintenance Section) for this purpose
#192-13 RESOLVED, that having considered a communication
from the Water and Sewer Board, dated May 7, 2013, which bears
the signature of the Director of Finance and is approved for
submission by the Mayor, and which sets forth Water and Sewer
Board resolution WS 4587 5/13, the Council does hereby accept
the bid of HD Supply Water Works, 4901 Dewitt Rd , Canton,
Michigan 48188, for supplying the Public Service Division (Water
Maintenance Section) with water service parts and fittings at the
unit prices bid for an amount not to exceed $50,000 00 for the
2013/2014 calendar year, the same having been in fact the lowest
bid received and meets all specifications, FURTHER, the Council
Regular Meeting Minutes of June 17, 2013 38707
does hereby authorize an expenditure in an amount not to exceed
$50,000 00 from funds already budgeted in Account No 592-000-
111-020 (Water Maintenance Section) for this purpose
#193-13 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 15, 2013, which
transmits its resolution 05-23-2013, adopted on May 14, 2013, with
regard to Petition 2013-04-02-10, submitted by Kevin Crute,
requesting waiver use approval to operate a dance studio (Dance
Innovations) on property located on the east side of Farmington
Road between the CSX railroad right-of-way and Schoolcraft Road
(12864 Farmington Road) in the Northwest 1/4 of Section 27, which
property is zoned M-1, the Council does hereby concur in the
recommendation made by the City Planning Commission and
Petition 2013-04-02-10 is hereby approved and granted subject to
the following conditions
1 That the issues as outlined in the correspondence dated
April 30, 2013, from the Assistant Director of Inspection,
including those relating to the requirement that the proposed
space must meet all current barrier free codes, building
codes and all mechanical codes and standards, shall be
resolved to the satisfaction of the Inspection Department;
2 That the site's parking lot shall be repaired or replaced and
restriped to the satisfaction of the Inspection Department
prior to the issuance of an occupancy permit for the dance
studio,
3 That adequate off-street parking shall be provided which
shall be sufficient to comply with the parking requirement for
employees and patrons as set forth in Section 18 38(12) of
the Zoning Ordinance,
4 That only conforming signage is approved with this petition,
and any additional signage shall be separately submitted for
review and approval by the Zoning Board of Appeals, and
5 That adequate lighting be provided in the parking areas and
walkways as determined by the Inspection Department.
#194-13 RESOLVED, that having considered a communication
from the Department of Law, dated May 16, 2013, which bears the
signature of the Director of Finance and is approved for submission
by the Mayor, submitted pursuant to Council Resolution 122-11, the
Council does hereby declare the vacant City-owned property
located at 18885 Harrison (more commonly known as 18565
Harrison) to be surplus property and hereby approves the sale to
Regular Meeting Minutes of June 17, 2013 38708
Michael and Donna Chapman, 18886 Brentwood, Livonia,
Michigan, of City-owned property located on the west side of
Harrison, between Curtis and Clanta (18565 Harrison) in the
Northeast 1/4 of Section 12, further described as
The North 1/2 of the South 2/3 of the North 3/ of the SE '/ of
the SE 1/4 of the NE 1/4 of the NW Y4 of Section 12 Except the
West 160 ft. thereof 0 32 Acres
(Sidwell No 46-046-99-0102-000)
for a total purchase price of $5,000 00, the action herein being
taken in order to best serve the interests of the community and in
accordance with Section 3 05 090.A and Section 3 05 090 B of the
Livonia Code of Ordinances, as amended, FURTHER, the
proceeds of such sale shall be deposited into Account No 101-000-
680-000 (Sale of Fixed Assets), and the Mayor and City Clerk are
hereby requested to execute a Quit Claim Deed and such other
documents as may be necessary or incidental to fulfill the purpose
of this resolution, and the Department of Law is hereby requested
to prepare and place in proper form such legal documents as may
be necessary to consummate this transaction, and the City Clerk is
hereby requested to have said Quit Claim Deed recorded in the
Office of the Register of Deeds and to do all other things necessary
or incidental to fulfill the purpose of this resolution
#195-13 RESOLVED, that having considered a communication
from Councilmember Maureen Miller Brosnan, dated May 13, 2013,
regarding the subject of the memorial garden that has been erected
in Rotary Park, the Council does hereby refer the subject of the
memorial garden that has been erected in Rotary Park to the Public
Safety, Education and Recreation Committee for its report and
recommendation
#196-13 RESOLVED, that having considered a communication
from Councilmember Maureen Miller Brosnan, dated May 13, 2013,
regarding the subject of the memorial garden that has been erected
in Rotary Park, the Council does hereby refer the subject of
memorials and how the City handles them to the Public Safety,
Education and Recreation Committee for its report and
recommendation
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Kritzman, McCann, Pastor, Robinson, Brosnan, and
Toy
NAYS None
Regular Meeting Minutes of June 17, 2013 38709
A communication from the Planning Commission, dated June 10,
2013, re containing a map of all known resale and secondhand merchandise
establishments, including pawn brokers, currently doing business in the City of
Livonia, was received and placed on file for the information of the Council
(Petition 2013-04-02-09)
An email communication from Sharon Bussell, dated June 16,
2013, re expressing her support of proposed resale shop submitted by Patricia
Cooper for property located at 29423 Six Mile Road, was received and placed on
file for the information of the Council (Petition 2013-04-02-09)
A communication from Patricia A Cooper, 18512 Deering, Livonia,
dated June 17, 2013, re providing historical background of intentions for
proposed resale shop for property located at 29423 Six Mile Road, was received
and placed on file for the information of the Council (Petition 2013-04-02-09)
On a motion by Pastor, seconded by McCann, it was
#197-13 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 16, 2013, which
transmits its resolution 05-22-2013, adopted on May 14, 2013, with
regard to Petition 2013-04-02-09, submitted by Patricia A. Cooper,
requesting waiver use approval to operate a second-hand store and
resale shop (Something Special 4 U Boutique) on property located
on the south side of Six Mile Road between Middlebelt Road and
Oporto Street (29423 Six Mile Road) in the Northeast 1/4 of Section
14, which property is zoned C-2, the Council does hereby concur in
the recommendation made by the City Planning Commission and
Petition 2013-04-02-09 is hereby approved and granted subject to
the following conditions
1 That the utilization of the building shall be in accordance with
the Floor Plan as received by the Planning Commission on
April 8, 2013,
2 That there shall be no outdoor sales, storage or display of
merchandise, and no storage of merchandise or other
Regular Meeting Minutes of June 17, 2013 38710
materials in any type of temporary or portable unit, structure,
trailer or donation receptacle,
3 That the owner of the property(s) undertake the necessary
repairs to the parking lot to the satisfaction of the Inspection
Department;
4 That only conforming signage is approved with this petition,
and any additional signage shall be separately submitted for
review and approval by the Zoning Board of Appeals,
5 That no LED lightband or exposed neon shall be permitted
on this site including, but not limited to, the building or
around the windows,
6 That the specific plan referenced in this approving resolution
shall be submitted to the Inspection Department at the time
of application for building permits, occupancy permits and
zoning compliance permits,
7 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia this approval is valid for a
period of one year only from the date of approval by City
Council, and unless a building permit is obtained, this
approval shall be null and void at the expiration of said
period, and
8 The approval is contingent upon the execution of an
agreement by the Petitioner that is satisfactory to the Law
Department which provides that the waiver use is granted
exclusively to Patricia A. Cooper
A roll call vote was taken on the foregoing resolution with the following result:
AYES Kritzman, McCann, Pastor, Robinson, and Toy
NAYS Brosnan
The President declared the resolution adopted
A communication from Joe Jaster, Community Association
Manager, Fountain Park Condominiums, dated June 11, 2013, re expressing
Consumers Energy's presentation at their annual meeting was informative
relative to the proposed Compressed Natural Gas (C N G ) station at Consumers
Regular Meeting Minutes of June 17, 2013 38711
Power property located at 11801 Farmington Road, was received and placed on
file for the information of the Council (Petition 2013-04-02-11)
An email communication from Trey Neubauer, Project Manager,
dated June 14, 2013, re providing brick brochure for masonry enclosure for the
proposed Compressed Natural Gas (C N G ) station at Consumers Power
property located at 11801 Farmington Road, was received and placed on file for
the information of the Council (Petition 2013-04-02-11)
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#198-13 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 15, 2013, which
transmits its resolution 05-24-2013, adopted on May 14, 2013, with
regard to Petition 2013-04-02-11, submitted by Consumers Energy,
requesting waiver use approval to construct a Compressed Natural
Gas (C N G ) fueling station on property located on the west side of
Farmington Road between Plymouth Road and the CSX railroad
right-of-way (11801 Farmington Road) in the Southeast 1/4 of
Section 28, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning
Commission and Petition 2013-04-02-11 is hereby approved and
granted subject to the following conditions
1 That the Site Plan marked Drawing No P-2 1, Sheet 2 dated
April 12, 2013, prepared by Professional Engineering
Associates, is hereby approved and shall be adhered to,
2 That the Landscape Plan marked Drawing No L-1 1, Sheet
X dated April 12, 2013, prepared by Professional
Engineering Associates, is hereby approved and shall be
adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all
landscaped and sodded areas and all planted materials shall
be installed to the satisfaction of the Inspection Department
and thereafter permanently maintained in a healthy
condition,
Regular Meeting Minutes of June 17, 2013 38712
5 That the Architectural Elevation Plan marked Drawing No A-
2, Sheet 6 dated April 12, 2013, prepared by NSA, is hereby
approved and shall be adhered to,
6 That the gas pump island canopy shall not exceed 18 feet in
height;
7 That the pump island canopy lights shall be recessed and
directed downward to avoid light glare and spillage,
8 That this site shall meet either the City of Livonia or the
Wayne County Storm Water Management Ordinance,
whichever applies, and shall secure any required permits,
including storm water management permits, and soil erosion
and sedimentation control permits, from Wayne County, the
City of Livonia, and/or the State of Michigan Department of
Natural Resources and Environment (DNRE),
9 That all pole-mounted light fixtures shall not exceed a height
of twenty feet (20') as measured from the established grade
at the base of the structures, and shall be aimed and
shielded so as to minimize stray light trespassing across
property lines and glaring into adjacent roadway;
10 The fueling facility shall close each night no later than
midnight and shall remain closed until 5 00 a m , seven (7)
days a week,
11 All site lighting shall be dimmed after closing,
12 No outside storage, placement or display of merchandise
shall be permitted at any time on this site, however, the
foregoing prohibition shall not apply to the display, on the
pump islands only, of oil based products as permitted in
Section 11 04(a) of the Zoning Ordinance,
13 That free air shall be provided at all times this station is open
for business The free air shall be dispensed at the point-of-
service without having to enter the station or the
performance of any extra action in order to obtain the air
without charge,
14 That only conforming signage is approved with this petition,
and any additional signage shall be separately submitted for
review and approval by the Zoning Board of Appeals,
15 That no part of the pump island canopy fascia, with the
exception of signage, shall be illuminated,
Regular Meeting Minutes of June 17, 2013 38713
16 That no LED lightband or exposed neon shall be permitted
on this site including, but not limited to, the pump island
canopy, building or around the windows,
17 That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department at
the time the building permits are applied for; and,
18 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of one year only from the date of approval by City
Council, and unless a building permit is obtained this
approval shall be null and void at the expiration of said
period
On a motion by Pastor, seconded by Brosnan, it was
#199-13 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 15, 2013, which
transmits its resolution 05-24-2013, adopted on May 14, 2013, with
regard to Petition 2013-04-02-11, submitted by Consumers Energy,
requesting waiver use approval to construct a Compressed Natural
Gas (C N G ) fueling station on property located on the west side of
Farmington Road between Plymouth Road and the CSX railroad
right-of-way (11801 Farmington Road) in the Southeast 1/4 of
Section 288, which property is zoned C-2, the Council does hereby
waive the requirement that the fueling station cannot be erected
within a four hundred (400) foot radius of any residential district set
forth in Section 11 03(a)(10) of Zoning Ordinance No 543, as
amended, in connection with the approval of waiver use Petition
2013-04-02-11
A roll call vote was taken on the foregoing resolution with the following result.
AYES Katzman, McCann, Pastor, Robinson, Brosnan, and
Toy
NAYS None
The President declared the resolution adopted
Chris Laser, Project Manager for Consumers Energy, 11801 Farmington Road,
was present on behalf of the petitioner to answer any questions of Council and
thanked them for their time and consideration (Petition 2013-04-02-11)
On a motion by Brosnan, seconded by Kritzman, and unanimously
adopted, it was
Regular Meeting Minutes of June 17, 2013 38714
#200-13 RESOLVED, that having considered a communication
from the City Treasurer dated May 29, 2013, regarding the
replacement of sidewalks in the City of Livonia on the following
parcels in the following amounts
Parcels of property and assessment, as outlined in
the Treasurer's letter, dated May 29, 2013, is
included herein by reference,
which work was done pursuant to Council Resolution 177-12 and in
accordance with the provisions of Section 12 04 340 of the Livonia
Code of Ordinances, Title 12, Chapter 4, and the City Treasurer
having thereafter sent a statement of charges by first class mail to
the owners of property to be assessed wherein notice of the
meeting by the City Council on this date was given and at least 30
days having expired since the giving of such notice with such
charges remaining unpaid, the Council does hereby, pursuant to
the provisions of Section 3 08 150 of the Livonia Code of
Ordinances, Title 3, Chapter 8, adopt this resolution wherein a
special assessment is placed upon such property for said charges,
FURTHER, the Council does hereby authorize installment
payments in the number of three (3) installments at 6% interest
where assessments exceed $400 and the property owner has
requested such installments, FURTHER, the Council does hereby
request that the City Treasurer shall give notice of the amounts
herein determined to the persons chargeable therewith, such notice
to be sent by first class mail to the last known address of such
persons as shown on the most current assessment roll of the City,
and where payments herein authorized are not made within the
specified time this fact shall be reported by the City Treasurer to the
City Assessor who shall charge such amount together with a
penalty of 10% of such amounts against the persons or real
property chargeable therewith on the next general tax roll, and the
City Clerk and City Treasurer are hereby requested to do all things
necessary or incidental to the full performance of this resolution
A communication from attorney Steven J Schwartz, Sommers
Schwartz, P C , dated June 14, 2013, re stating legal opinion and opposition to
assessment of water charges against certain buildings located within General
Properties Company, L.L C 's property known as Apple Ridge Apartments,
located at 31200 Morlock, was received and placed on file for the information of
the Council
Regular Meeting Minutes of June 17, 2013 38715
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was
#201-13 RESOLVED, that having considered a communication
from S D Schubiner, Member, General Properties Company,
L.L C , dated December 3, 2012, requesting an appeal of the Water
and Sewer Board's determination of November 15, 2012, for the
outstanding water bills on properties located at the Apple Ridge
Apartments (31165 Morlock, Building 5, 31001 Morlock, Building 7,
30884 Morlock, Building 10, and 30841 Morlock, Building 11) and a
Public Hearing having been held before City Council on May 13,
2013, the Council does hereby approve and uphold the November
15, 2012, decision of the Water and Sewer Board
On a motion by Brosnan, seconded by Pastor, and unanimously
adopted, it was
#202-13 WHEREAS, the City of Livonia meets the definition of
an "Eligible Local Assessing District" under P.A. 328 of 1998,
Section 7(g), by virtue of containing an eligible distressed area as
defined by Section 7(0(i), in accordance with P.A 346 of 1966,
Section 11, and
WHEREAS pursuant to P A. 198 of 1974, as amended, after a duly
noticed Public Hearing, the City Council of the City of Livonia,
established Livonia Industrial Development Overlay District No
112, on December 19, 2007, for property on Amrhein Road,
thereby creating an "Eligible District" for purposes of Act 328 of
1998, as amended (the "Act"), and
WHEREAS Admiral Tool & Manufacturing Co of Michigan, a
Michigan corporation and an eligible business under the Act, has
filed an application for Exemption of New Personal Property to be
located in the referenced Eligible District, and
WHEREAS before acting upon said application the City Council of
the City of Livonia held a Public Hearing on the 3`d day of June,
2013, at 7 00 p m in Livonia City Hall at 33000 Civic Center Drive,
Livonia, Michigan, at which the Applicant, City Assessor and a
representative of the effected taxing units were given written notice
and were afforded an opportunity to be heard on said Application,
NOW THEREFORE, BE IT RESOLVED that the City Council of the
City of Livonia hereby approves the application of Admiral Tool &
Manufacturing Co of Michigan for the Exemption of New Personal
Property to be installed in the referenced Eligible District;
Regular Meeting Minutes of June 17, 2013 38716
BE IT FURTHER RESOLVED THAT if the owner or lessee of a
facility for which an Exemption of New Personal Property under the
Act is in effect relocates that facility outside of the Eligible District
during the period in which the Exemption is in effect, the owner or
lessee is liable to the City from which it is leaving, upon relocating,
for an amount to be determined in accordance with a Letter of
Agreement executed between Admiral Tool & Manufacturing Co of
Michigan and the City of Livonia If the City determines that it is in
its best interest, the City may forgive the liability of the owner or
lessee under the terms of the Letter of Agreement. The payment
provided for in the Letter of Agreement shall be distributed in the
same manner as property taxes are distributed,
BE IT FURTHER RESOLVED THAT, the aggregate SEV of real
and personal property exempt from ad valorem taxes within the City
of Livonia after granting this New Personal Property Exemption 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,
BE IT FURTHER RESOLVED THAT the New Personal Property
Exemption when issued shall be, and remain in force and effect for
a period of 7 years, beginning on or about July 1, 2013, and ending
June 30, 2020
BE IT FURTHER RESOLVED THAT Admiral Tool & Manufacturing
Co of Michigan shall file with the City Assessor two (2) personal
property statements each year one statement for Exempt New
Personal Property and one statement for all other personal
property- and
BE IT FURTHER RESOLVED THAT the Application submitted by
Admiral Tool & Manufacturing Co of Michigan is for an Exemption
of New Personal Property that will be located in the following
described parcel of real estate situated within the City of Livonia, in
Industrial Development Overlay District No 112, established on
December 19, 2007
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 00°08'06"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,
BE IT FINALLY RESOLVED that the City Clerk shall cause the
Application for Exemption of New Personal Property to be
completed and shall take all the steps necessary to insure that the
Regular Meeting Minutes of June 17, 2013 38717
completed application and a copy of this Resolution are filed with
the State Tax Commission in a timely fashion
On a motion by Brosnan, seconded by Katzman, and unanimously
adopted, it was
#203-13 RESOLVED, that having considered a request from
Councilmember Maureen Miller Brosnan, the Council does hereby
refer the subject of tax incentives to the Economic Development,
Community Outreach and Strategic Planning Committee for its
report and recommendation
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was
#204-13 RESOLVED, that having considered a communication
from the Mayor, dated June 3, 2013, the Council does hereby
approve the proposed revised Letter of Understanding between the
City of Livonia and the Livonia Police Officers Association (LPOA)
establishing a Police Retention Program and the associated
additional retirement health insurance benefits
On a motion by Pastor, seconded by Kritzman, and unanimously
adopted, it was
#205-13 RESOLVED, that having considered a communication
from the Mayor, dated June 3, 2013, the Council does hereby
approve the proposed revised Letter of Understanding between the
City of Livonia and the Livonia Lieutenants and Sergeants
Association (LLSA) establishing a Police Retention Program and
the associated additional retirement health insurance benefits
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#206-13 RESOLVED, that having considered a communication
from the Mayor, dated June 3, 2013, the Council does hereby
approve the proposed revised Letter of Understanding between the
City of Livonia and Livonia Police Command establishing a Police
Retention Program and the associated additional retirement health
insurance benefits
Regular Meeting Minutes of June 17, 2013 38718
On a motion by Robinson, seconded by Kritzman, and unanimously
adopted, it was
#207-13 RESOLVED, that having considered a communication
from the Fire Chief, dated May 28, 2013, which bears the signature
of the Director of Finance and is approved for submission by the
Mayor, the Council does, for and on behalf of the City of Livonia,
accept a cash donation in the amount of $5,000 00 from Nativity
United Church of Christ, 9435 Henry Ruff, Livonia, MI 48150, the
same to be deposited in and credited to Account No 702-285-336
(Fire Community Donations) for the purposes as designated by the
donor
Jennifer Jones, Livonia resident and member of former Nativity United Church of
Christ, was present to indicate the Church closed its ministry and sold the
building on May 19th and wanted to give some of the sale proceeds back to the
community Ms Jones indicated the Nativity United Church of Christ was
present in the Livonia community for 57 years and felt compelled to give back
part of its legacy so monetary donations were made to the Livonia School Board,
Cooper Elementary, and the Police Department
Dave Heavener, Training Coordinator for Livonia Fire Department, was present
to publicly thank the Nativity United Church of Christ for its monetary donation to
the Fire Department and indicated the money would be put toward public
education and community events
On a motion by Pastor, seconded by Katzman, it was
#208-13 RESOLVED, that having considered a communication
from the Department of Law, dated May 30, 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, Racer v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result.
AYES Kritzman, McCann, Pastor, Robinson, Brosnan, and
Toy
NAYS None
The President declared the resolution adopted
Regular Meeting Minutes of June 17, 2013 38719
On a motion by Pastor, seconded by McCann, and unanimously
adopted, it was
#209-13 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, and unanimously
adopted, it was
#210-13 RESOLVED, that at the request of Vice President
John Pastor, the Council does hereby discharge Council Resolution
364-12 from further discussion of the Legislative Affairs Committee
regarding the proposed amendment to the Livonia Code of
Ordinances to Chapter 52 (Fireworks) of Title 8 to conform to the
Michigan Fireworks Safety Act.
Pastor gave first reading to the following Ordinance
AN ORDINANCE AMENDING CHAPTER 52 (FIREWORKS) TO
TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
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
Pastor involved the Emergency Clause and gave second reading
to the foregoing Ordinance and a roll call vote was taken thereon with the
following result:
AYES Katzman, McCann, Pastor, Robinson, Brosnan,
and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Regular Meeting Minutes of June 17, 2013 38720
During Audience Communication, Christopher Martin, 12275
Inkster Road, addressed Council to express frustration and concern regarding a
Zoning Board of Appeals matter relative to a fence installed at his business and
the subsequent charges brought against him in the District Court as a result of
same
On a motion by Pastor, seconded by McCann, and unanimously
adopted, this 1,731st Regular Meeting of the City of Livonia was adjourned at
820 p m
j2_c GL / 'C-(1.--i_C,c/ L-
Terry A, /larecki, City Clerk
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