HomeMy WebLinkAboutCOUNCIL MINUTES 2013-06-03 38682
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND THIRTIETH
REGULAR MEETING OF JUNE 3, 2013
On June 3, 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 Brosnan led the meeting with an
invocation
Roll was called with the following result: Maureen Miller Brosnan,
Brandon Katzman, James McCann, Joe Laura, John Pastor, Thomas Robinson,
and Laura Toy Absent: None
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; and Mayor Jack Kirksey
On a motion by Robinson, seconded by Katzman, and unanimously
adopted, it was
#157-13 RESOLVED, that the Minutes of the 1,729th Regular
Meeting of the Council held May 20, 2013, are hereby approved as
submitted
Brosnan offered congratulations to all involved, especially the
Department of Public Works, in participating in the annual Arbor Day Foundation
events and planting trees throughout the City in order for the City to receive a
Sterling Award for being a "Tree City" Brosnan indicated a plaque recognizing
the City was on display in the lobby at the Department of Public Works for all to
enjoy Brosnan also indicated Trinity Health has merged with Catholic Health
East and will now be the second largest health organization in the country,
located in 21 states, and indicated it is headquartered in Livonia
President Toy offered compliments to former Councilmember
Fernon Feenstra, Mayor Kirksey, the staff of the Parks Division, and all those
involved with the Memorial Day Celebration recently held Saturday, May 25th
President Toy indicated it was well run and a very enjoyable event which
honored all those who serve our country
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Regular Meeting Minutes of June 3, 2013 38683
Vice President Pastor offered congratulations to his daughter,
Rachel, on her recent high school graduation from Stevenson and extended
wishes of a "Happy Summer" and congratulations to all those who have
graduated in the Class of 2013
Robinson thanked and recognized John Hiltz, who volunteered and
served as Co-Chair of the National Kidney Foundation "Kidney Walk", co-chaired
with former Detroit Lions player Lomas Brown at the Detroit Zoo Robinson
indicated the "Kidney Walk" had more than 4,000 participants and recognized
Terry Marecki, City Clerk, as one who participated as well Robinson indicated
his family has been touched by kidney disease and congratulated Mr Hiltz for
getting involved in local community events
President Toy announced there would be an X-item addressed at
the end of the meeting relative to 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 there would be a public hearing to be
held on Monday, June 24, 2013, at 7 00 p m in the Auditorium of City Hall,
33000 Civic Center Drive, Livonia, Michigan
Petition 2013-04-01-01 submitted by TSFR Apple Venture, L.L.0 ,
to rezone the property at 13301 Middlebelt Road, located on the
west side of Middlebelt Road between the CSX railroad right-of-way
and Schoolcraft Road in the Northeast 1/4 of Section 26, from M1
(Light Manufacturing) to C-2 (General Business)
During Audience Communication, Christopher Martin, 11037
Hubbard, addressed Council to comment on the recent Observer & Eccentric
newspaper article regarding the elimination of an August Primary election Mr
Martin indicated he was disappointed to learn candidates had dropped out of the
Council race and expressed his frustration that sometimes errors are made and
corrections to articles are later printed and inserted at the back of the newspaper
Alex Witoslawski, 36021 Perth, addressed Council to express he
agreed with comments made by the previous resident and indicated he felt
voters' choices were being eliminated by not having an August Primary for the
Council race and was concerned by what he read in recent newspaper articles
Mr Witoslawski also indicated he had sent an email to all Councilmembers
regarding Agenda Items 14 and 15 and had not received a response
On a motion by Robinson, seconded by Laura, and unanimously
adopted, it was
Regular Meeting Minutes of June 3, 2013 38684
#158-13 RESOLVED, that at the request of Councilmember
Thomas Robinson, the Council does hereby refer to the Traffic
Commission for its report and recommendation regarding traffic
concerns and congestion raised by residents in the neighborhood
of Blue Skies Street, south of Seven Mile Road
On a motion by Laura, seconded by Brosnan, and unanimously
adopted, it was
#159-13 RESOLVED, that at the request of Councilmember
Joe Laura, the Council does hereby request that the Ethics Board
issue an advisory opinion regarding the conduct of elected officials
in asking certain Council candidates not to run for office in return for
an appointment to a Commission
On a motion by Laura, seconded by Brosnan, it was
RESOLVED, that the Council does hereby refer to the
City Attorney to seek an opinion from the State Election
Commission as to the legality of matters of alleged conduct of three
elected officials that precipitated candidates dropping out of the
Council Primary Election in return for an appointment to a
Commission or some form of remuneration
On a motion by Laura, seconded by Brosnan, the following
substitute motion was offered
RESOLVED, that the Council does hereby refer to the
City Clerk to seek an opinion from the State Election Commission
as to the legality of matters of alleged conduct of three elected
officials that precipitated candidates dropping out of the Council
Primary Election in return for an appointment to a Commission or
some form of remuneration
Following discussion by Council, a roll call vote was then taken on the foregoing
motion to substitute with the following result.
AYES Brosnan, Laura, and Robinson
NAYS Kritzman, McCann, Pastor, and Toy
The President declared the motion failed for lack of support
On a motion by Brosnan, seconded by Laura, it was
Regular Meeting Minutes of June 3, 2013 38685
#160-13 RESOLVED, that the Council having considered and
concurred with a request from Councilmember Maureen Miller
Brosnan and requested that the Ethics Board issue an advisory
opinion to determine if possible unethical conduct occurred with
respect to three elected officials (Mayor Jack Kirksey, Councilman
James McCann and Council Vice President John Pastor) who may
have had a role in discouraging Council candidates from running
while possibly promising an appointment to a Commission or some
form of remuneration
A roll call vote was taken on the foregoing resolution with the following result.
AYES Brosnan, Kritzman, McCann, Laura, Robinson, and
Toy
NAYS None
PRESENT Pastor
The President declared the resolution adopted
Christopher Martin, 11037 Hubbard, addressed Council to commend them for
investigating what occurred relative to the August Primary Election
A communication from Priscilla Smith, dated May 21, 2013, re
expressing concern for safety in her neighborhood in relation to rehabilitation of
rental homes, was received and placed on file for the information of the Council
An email communication from Mark and Carol Zagata, dated May
28, 2013, re concerns for traffic and safety issues at the Jaycee Park soccer
fields, was received and placed on file for the information of the Council
On a motion by Pastor, seconded by Robinson, it was
#161-13 RESOLVED, that having considered a letter from
Mike Horback, President, Michelle Horback Palgut Memorial Fund,
dated May 5, 2013, the Council does hereby take this means to
indicate that the Michelle Horback Palgut Memorial Fund is
recognized as a non-profit organization operating in the community,
and the action herein being taken for the purpose of affording the
Michelle Horback Palgut Memorial Fund an opportunity to obtain a
charitable gaming license or registration from the State of Michigan
in accordance with provisions of State statute
Regular Meeting Minutes of June 3, 2013 38686
#162-13 RESOLVED, that having considered an application
from Cindy Capen, 9350 Marie, dated April 23, 2013, requesting
permission to close Marie between Knolson and Minton on
Saturday, August 3, 2013, from 4 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, August 10, 2013, in the event of
inclement weather, the action taken herein being made subject to
the approval of the Police Department.
#163-13 RESOLVED, that having considered an application
from Janel Barber, 18997 Gillman, dated May 10, 2013, requesting
permission to close Gillman between Seven Mile and Clarita on
Saturday, June 15, 2013, from 1 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 Sunday, June 16, 2013, in the event of inclement
weather, the action taken herein being made subject to the
approval of the Police Department.
#164-13 RESOLVED, that having considered a communication
from the City Clerk, dated May 3, 2013, forwarding an application
submitted by Roberta K. Hester, 8669 Stout St., Detroit, Michigan
48228, 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
#165-13 RESOLVED, that having considered a communication
from the Superintendent of Parks and Recreation, dated April 30,
2013, which bears the signature of the City Attorney and the
Director of Finance and is approved for submission by the Mayor,
to which is attached an Intergovernmental Agreement between the
County of Wayne and the City of Livonia for improvements to Larry
Nehasil Park, the Council does hereby approve the proposed
Intergovernmental Agreement between the County of Wayne and
the City of Livonia, and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute the
Intergovernmental Agreement in the manner and form herein
submitted, FURTHER, the Council does hereby, for and on behalf
of the City of Livonia, accept the Wayne County Parks Millage-
funded grant in the amount of $127,000 00 to be used to increase
the practical use and handicapped accessibility of the park,
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $127,000 00 from Account No 208-756-974-
000 (Community Recreation Fund) for this purpose which funds will
Regular Meeting Minutes of June 3, 2013 38687
be reimbursed by the County of Wayne through grant funds once
expended by the City
#166-13 WHEREAS, the State of Michigan Emergency
Management Act, Act 390 of the Public Acts of 1976, as amended
M C L 30 401 et. seq authorizes the State and its political
subdivisions to provide emergency aid and assistance in the event
of a disaster or emergency, and
WHEREAS, the statutes also authorize the State to coordinate the
provision of any equipment, services, or facilities owned or
organized by the State or its political subdivisions for use in the
affected area upon request of the duly constituted authority of the
area, and
WHEREAS, this Resolution authorizes the request, provision, and
receipt of interjunsdictional mutual assistance in accordance with
the Emergency Management Act, Act 390 of the Public Acts of
1976, as amended among political subdivisions within the State,
NOW, THEREFORE, BE IT RESOLVED by the Council for the City
of Livonia that in order to maximize the prompt, full and effective
use of resources of all participating governments in the event of an
emergency or disaster we hereby adopt the Michigan Emergency
Management Assistance Compact which is attached hereto and
incorporated by reference FURTHER, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the Michigan Emergency Management
Assistance Compact in the manner and form herein submitted
#167-13 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated April 30, 2013, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby accept the bid
of Douglass Safety, 2655 N Meridian, Suite #6, Sanford, Michigan
48657, for supplying the Fire Department with up to twenty
replacement sets of structural firefighting protective clothing for the
unit price of $1,986 61 each, for a period of one (1) year, for a total
estimated cost not to exceed $39,732 20, the same having been in
fact the lowest bid received and meets all specifications,
FURTHER, the Council does hereby authorize an expenditure of a
total amount not to exceed $39,732 20 from funds already
budgeted in Account No 101-338-768-000 (Uniform/PPE) for this
purpose
#168-13 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated April 30, 2013, which
"" bears the signature of the Finance Director and is approved for
Regular Meeting Minutes of June 3, 2013 38688
submission by the Mayor, the Council does hereby accept the bid
of Allie Brothers, Inc , 20295 Middlebelt, Livonia, Michigan 48152,
for supplying the Fire Department with uniforms and related uniform
items for the unit prices set forth in the attachment, for a period of
two (2) years for the total estimated price of $121,490 00, the same
having been in fact the lowest bid received which meets all
specifications, FURTHER, the Council does hereby authorize an
expenditure in the total estimated amount of $121,490 00 from
funds already budgeted in Account No 101-338-768-000
(Uniform/PPE) for this purpose, FURTHER, the Council does
hereby reject the bids of Michigan Police Equip and Unitex Direct
for the reasons indicated in the aforesaid communication
#169-13 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 19, 2013,
approved by the Director of Public Works and approved for
submission by the Mayor, with regard to a request from the Wayne
County Department of Public Services that the City take jurisdiction
and control of the entire on-site storm sewer collection system as
part of the development of the property located on the north side of
Joy Road, west of Wayne Road in the Southwest '/4 of Section 33,
the Council does hereby determine as follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the
storm sewer site plans and further, that the City will accept
jurisdiction and maintenance (at no expense to the County)
of the storm sewer within the property located on the north
side of Joy Road, west of Wayne Road in the Southwest 1/4
of Section 33 (See attached maintenance agreement from
the owner, Parz-Saville Row Site Condominiums, 24400
Ford Road, Dearborn Heights, Michigan 48124, indicating
their willingness to reimburse the City for any such
maintenance that may become necessary),
2 To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection with the
above storm sewer construction, and
3 To authorize the Mayor and City Clerk to execute the
maintenance agreement on behalf of the City
#170-13 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 8, 2013, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and approved for submission by the
Mayor, regarding an additional appropriation and expenditure for
work required in connection with the Whispering Willows Storm
Regular Meeting Minutes of June 3, 2013 38689
Water Detention Project, previously authorized in Council
Resolutions 224-11 and 315-12, the Council does hereby
appropriate and authorize an expenditure in an amount not to
exceed $38,436 60 from the Unexpended Fund Balance of the
Capital Projects Fund (401) for additional work required on the
Whispering Willows Storm Water Detention Project to be paid to
Stante Excavating Co , Inc , 48912 Liberty Dr , Wixom, Michigan
48393, said amount to be adjusted based upon the quantities of
work actually completed in accordance with the unit prices
previously accepted, FURTHER, the amount of $19,218 30 shall be
reimbursed from the Rouge River National Wet Weather
Demonstration Project Round X, Part "B" Grant Program for Storm
Water Related Activities
#171-13 RESOLVED, that having considered a communication
from Councilmember Maureen Miller Brosnan, dated May 8, 2013,
regarding the subject of rehabilitation rental homes, the Council
does hereby refer the subject of rehabilitation rental homes in the
City of Livonia to the Legislative Affairs Committee for its report and
recommendation
#172-13 RESOLVED, that having considered a communication
from Councilmember Maureen Miller Brosnan, dated May 8, 2013,
regarding the subject of rehabilitation rental homes, the Council
does hereby refer the subject of rehabilitation rental homes in the
City of Livonia to the Law Department and Inspection Department
for their reports and recommendations
An email communication from Kim Naccashian, dated May 20,
2013, re concerns for increased traffic volumes and safety concerns in the
neighborhood of Jaycee Park, was received and placed on file for the information
of the Council
#173-13 RESOLVED, that having considered a communication
from Council President Laura Toy and Councilmember Thomas
Robinson, dated May 13, 2013, as revised, regarding the subject of
the Jaycee Park Soccer Fields, the Council does hereby refer the
subject of the Jaycee Park Soccer Lease to the Committee of the
Whole for its report and recommendation
#174-13 RESOLVED, that having considered a communication
from Council President Laura Toy and Councilmember Thomas
t Robinson, dated May 13, 2013, as revised, regarding the subject of
aimthe Jaycee Park Soccer Fields, the Council does hereby refer the
Regular Meeting Minutes of June 3, 2013 38690
subject of the use of Jaycee Park to the Administration for its report
and recommendation
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Kritzman, McCann, Laura, Pastor,
Robinson, and Toy
NAYS None
A communication from the Department of Finance, dated May 14,
2013, re list of potential topics in relation to the subject of Advance Budget
Reviews, was received and placed on file for the information of the Council (CR
161-12)
Robinson provided a verbal update on the subject matter of
Advance Budget Reviews and indicated the subject matter would remain in the
Finance, Budget and Technology Committee at this time (CR 161-12)
An email communication from Alex Witoslawski, dated May 23,
2013, re stating his opposition to the proposed Ordinance change with regard to
precious metal and gem dealers as well as secondhand merchandise dealers,
was received and placed on file for the information of Council
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 020 AND 060 OF TITLE
5, CHAPTER 69 (PRECIOUS METAL AND GEM DEALERS) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Brosnan, Kritzman, McCann, Laura, Pastor,
Robinson, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Regular Meeting Minutes of June 3, 2013 38691
Alex Witoslawski, 36021 Perth Street, addressed Council to encourage them to
vote in opposition to the proposed Ordinance change regarding precious metal
and gem dealers as well as secondhand merchandise dealers and indicated he
felt it violated privacy rights of business owners and increased the cost of doing
business in Livonia
Ken Roberts 9321 Cardwell Street, addressed Council to request clarification as
to why the proposed Ordinance changes were needed and to inquire if those
purchasing silver would be tracked in an online data base by the Police
Department.
David Lonier, 1842 Commonwealth, Auburn Hills, indicated he was a Precinct
Delegate and was present to speak in opposition to the proposed Ordinance
changes regarding recordkeeping for precious metal and gem dealers and
secondhand merchandise dealers Mr Lonier stated he felt it was a violation of
privacy rights and created a presumption of guilt of citizens
Matt Schoenherr, 2610 Even Street, Hamtramck, addressed Council to express
his concern and opposition to the adoption of the proposed Ordinance change
with regard to precious metal and gem dealers and secondhand merchandise
dealers Mr Schoenherr stated he believed an economic database violated
citizens' privacy rights as well as violated a presumption of innocence
Kntzman took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE 5,
CHAPTER 76 (SECONDHAND MERCHANDISE DEALERS) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Kntzman, McCann, Laura, Pastor,
Robinson, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Ken Roberts, 9321 Cardwell Street, addressed Council to inquire why it was
necessary to adopt the proposed Ordinance change with regard to both precious
metal and gem dealers and felt it should only apply to secondhand merchandise
dealers
(
Regular Meeting Minutes of June 3, 2013 38692
A communication from the Office of the Mayor, dated May 20,
2013, re requesting the subject matter of Police Retention Programs be removed
from the City Council Regular Agenda, was received and placed on file for the
information of the Council
An email communication from Ken Pittard, dated May 23, 2013, re
suggestions for alternative options to consider for the proposed Police Retention
Plans, was received and placed on file for the information of the Council
On a motion by Laura, seconded by Brosnan, it was
RESOLVED, that the Council does hereby suspend
their rules for procedure as outlined in Council Resolution 574-82
so as to remove Agenda Items 16, 17, and 18 from the Regular
Agenda of Council for June 3, 2013
Following discussion by Council, Laura and Brosnan then withdrew their motions
on the foregoing resolution
On a motion by McCann, seconded by Pastor, and unanimously
adopted, it was
#175-13 RESOLVED, that having considered a communication
from the Civil Service Department, dated April 29, 2013, approved
for submission by the Mayor, the Council does hereby determine to
take no further action with regard to the Letter of Understanding
between the City of Livonia and Livonia Police Officers Association
(LPOA) to establish a proposed Police Retention Program
Larry Mosier, 19460 Merriman Road, addressed Council to express his view that
he felt the staffing issues at the Police Department were more of a hiring problem
rather than a retirement issue Mr Mosier stated he collected data from five
comparable communities and felt because there was no defined benefit plan and
retirement health care coverage offered to newly hired Officers, Livonia was not
able to compete with other cities and felt public safety was deteriorating in the
community as a result.
A communication from the Office of the Mayor, dated May 20,
2013, re requesting the subject matter of Police Retention Programs be removed
Regular Meeting Minutes of June 3, 2013 38693
from the City Council Regular Agenda, was received and placed on file for the
information of the Council
An email communication from Ken Pittard, dated May 23, 2013, re
suggestions for alternative options to consider for the Police Retention Plans,
was received and placed on file for the information of the Council
On a motion by Pastor, seconded by Kntzman, and unanimously
adopted, it was
#176-13 RESOLVED, that having considered a communication
from the Civil Service Department, dated April 29, 2013, which
bears the signature of the Director of Human Resources and is
approved for submission by the Mayor, the Council does hereby
determine to take no further action with regard to the Letter of
Understanding between the City of Livonia and Livonia Lieutenants
and Sergeants Association (LLSA) to establish a proposed Police
Retention Program
A communication from the Office of the Mayor, dated May 20,
2013, re requesting the subject matter of Police Retention Programs be removed
from the City Council Regular Agenda, was received and placed on file for the
information of the Council
An email communication from Ken Pittard, dated May 23, 2013, re
suggestions for alternative options to consider for the Police Retention Plans,
was received and placed on file for the information of the Council
On a motion by Pastor, seconded by Katzman, and unanimously
adopted, it was
#177-13 RESOLVED, that having considered a communication
from the Civil Service Department, dated April 29, 2013, which
bears the signature of the Director of Human Resources and is
approved for submission by the Mayor, the Council does hereby
determine to take no further action with regard to the Letter of
Understanding between the City of Livonia and Livonia Police
�"' Command to establish a proposed Police Retention Program
Regular Meeting Minutes of June 3, 2013 38694
On a motion by Brosnan, seconded by Laura, and unanimously
adopted, it was
#178-13 RESOLVED, that the City Engineer having filed with
the City Clerk a statement dated March 15, 2013 on all matters
required by Section 3 08 060 of the Livonia Code of Ordinances, as
amended, and a first public hearing having been held thereon on
May 13, 2013, after due notice as required by Section 3 08 070 of
said Code, and after careful consideration having been given to all
such matters, the Council does hereby, pursuant to Section
3 08 080 of said Code
(1) accept and approve said statement in all respects,
(2) determine to make the improvement consisting of a public
10-inch sanitary sewer main on the east side of Levan Road
(15160, 15200, and 15230 Levan Road), in the Northeast %
of Section 20, City of Livonia, Wayne County, Michigan, as
described in said statement, and to defray the cost of such
improvement by special assessment upon the property
especially benefited in proportion to the benefits derived or
to be derived,
(3) approve the plans and specifications for said improvement
as set forth in said statement dated March 15, 2013,
(4) determine that the estimated cost of such improvement is
$143,000 00,
(5) determine that the cost of said improvement shall be paid for
by special assessments on the property benefited thereby, in
proportions thereafter established,
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall be $0 00
and that 100% of said cost and expenses of said public
improvement shall be borne and paid by special
assessments on all lands and premises in the Special
Assessment District as herein established in proportion to
the benefits to be derived therefrom,
(7) determine that assessments made for such improvement
may be paid in ten (10) annual installments together with
interest thereon on the unpaid balance,
Regular Meeting Minutes of June 3, 2013 38695
(8) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
A Special Assessment District in the N E 1/4 of
Section 20, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, described as
containing the property listed on the Special
Assessment Roll and shown on the Special
Assessment District Map
(9) that the City Assessor is hereby directed to prepare a
Special Assessment Roll including all lots and parcels of
land within the above district designated by the Council and
to assess each such lot or parcel of land such relative
portions of the whole sum to be levied against all lands in the
Special Assessment District as the special benefits to such
lots or parcels of land bear to the total benefit of all land, all
in accordance with the determination of the City Council, and
(10) that upon the completion of said roll the City Assessor shall
attach thereto the certificate required by the provisions of
Section 3 08 100 of the Livonia Code of Ordinances, as
amended, of the City of Livonia and file the same with the
City Clerk who thereupon is directed to present the same to
the City Council prior to the holding of the second public
hearing thereon as required by Section 3 08 110 of the said
Code
A communication from Honigman, Miller, Schwartz and Cohn, LLP,
dated May 30, 2013, re containing signed Industrial Facilities Exemption
Certificate Agreement for Leapers, Inc , was received and placed on file for the
information of the Council
On a motion by Pastor, seconded by Kritzman, and unanimously
adopted, it was
#179-13 WHEREAS, the City Clerk has received an
Application for Industrial Facilities Exemption Certificate from
Leapers, Inc dated April 19, 2013, covering new machinery and
n equipment and improving the building at their facility located at
32500 Capitol, Livonia, MI 48150 (Industrial Development Overlay
District No 110), and
Regular Meeting Minutes of June 3, 2013 38696
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 and
request has been received, and
WHEREAS, the City Council has afforded Leapers, Inc , the
Assessor, and a representative of each of the affected taxing units
an opportunity for a hearing on this Application and request and
said hearing having in fact been conducted at 7 00 p m , Monday,
May 20, 2013, 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, Leapers, 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 Leapers, Inc
covering new machinery and equipment and improving the
building at their facility located at 32500 Capitol, Livonia, MI
48150, Industrial Development Overlay District No 110, for 7
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
Regular Meeting Minutes of June 3, 2013 38697
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
A communication presented at the Public Hearing meeting of May
21, 2013, re request to establish a Commercial Rehabilitation District by
Mendelson Orthopedics P C to help in the expansion and rehabilitation of
property located at 36622 Five Mile Road, was received and placed on file for the
information of the Council
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#180-13 WHEREAS, pursuant to Act No 210 of the Public
Acts of 2005, as amended, this Council has the authority to
establish commercial rehabilitation districts within the boundaries of
the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of a
commercial rehabilitation district encompassing land situated in the
City of Livonia and comprised of an area of approximately 4 05
acres, more particularly described in Exhibit A, attached hereto and
incorporated by reference herein, which area is hereinafter referred
to as "City of Livonia Commercial Rehabilitation District No 1", and
WHEREAS, written notice has been given by certified mail to
Michael C Beaubien, President, MKO Real Estate LLC, CEO
Mendelson Orthopedics P C of the Council's pending action on this
resolution and of its right to a hearing on the establishment of
proposed City of Livonia Commercial Rehabilitation District No 1,
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 Commercial
Rehabilitation District No 1, and
WHEREAS, on May 21 , 2013, a public hearing was held on the
establishment of proposed City of Livonia Commercial
Rehabilitation District No 1, at which time Michael C Beaubien,
President, MKO Real Estate LLC, CEO Mendelson Orthopedics
P C and other taxpayers and residents of the City of Livonia had
an opportunity to be heard (a copy of the statements both written
Regular Meeting Minutes of June 3, 2013 38698
and oral made at such hearing being on file with this City Council),
and a representative of Mendelson Orthopedics P C , attended said
hearing and acknowledged receipt of notice of such hearing on
behalf of the said corporation, and
WHEREAS, the aggregate SEV of real and personal property
exempt from ad valorem taxes within the City of Livonia after
granting the establishment of proposed City of Livonia Commercial
Rehabilitation District No 1 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 A Commercial Rehabilitation District is hereby established,
such district to consistof the area described in Exhibit A,
attached hereto
2 Such Commercial Rehabilitation District is hereby
designated as the "City of Livonia Commercial Rehabilitation
District No 1 "
EXHIBIT A
The East part of Out Lot A of Kingsbury Heights
Subdivision part of the Southwest '/4 of Section 17,
Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, as recorded in Liber 84, Pages 35,
36 and 37 of Plats, Wayne County Records,
described as beginning at a point distant North 89
degrees, 51 minutes, 30 second West 150 00 feet
from the Southeast corner of Out Lot A and
proceeding thence along the North line of 5 mile Road
North 89 degrees, 51 minutes, 30 seconds West
347 85 feet; thence North 00 degrees, 11 minutes, 00
seconds East 400 00 feet; thence South 89 degrees,
51 minutes, 30 seconds East 49511 feet; thence
along the Westerly line of Levan Road, South 00
degrees, 12 minutes, 30 seconds East 250 00 feet,
thence North 89 degrees, 51 minutes, 30 seconds
West 150 00 feet, thence South 00 degrees, 12
minutes, 30 seconds East 150 00 feet to the point of
beginning
Together with the benefit of that certain Reciprocal
Easement Agreement for Ingress, Egress and Parking
recorded in Liber 24769, Page 460, Wayne County
Records (Tax Parcel Number 067-01-0110-003)
Regular Meeting Minutes of June 3, 2013 38699
3 It is hereby determined that the subject property meets the
statutory requirement of functional obsolescence
4 The City Assessor has submitted a statement showing the
SEV of the facility, which indicates that the 2013 SEV of this
property is $804,050 00
5 That the City Council, on the basis of the information
received from the applicant, Michael C Beaubien, President,
MKO Real Estate LLC, CEO Mendelson Orthopedics P C
finds and determines that the granting of this Commercial
Rehabilitation District 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
On a motion by Pastor, seconded by Laura, and unanimously
adopted, it was
#181-13 RESOLVED, that having considered an application
from Jackie Gordon, dated May 21, 2013, requesting permission to
close Arden between Elmira and Orangelawn on Saturday, June
15, 2013, from 2 00 p m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission
as requested, the action taken herein being made subject to the
approval of the Police Department.
On a motion by Pastor, seconded by Robinson, it was
#182-13 RESOLVED, that having considered a communication
from the Department of Law, dated May 15, 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, Linda McBrien v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Katzman, McCann, Laura, Pastor,
Robinson, and Toy
NAYS None
tim• The President declared the resolution adopted
Regular Meeting Minutes of June 3, 2013 38700
On a motion by Pastor, seconded by Kritzman, it was
#183-13 RESOLVED, that having considered a communication
from the Department of Law, dated May 23, 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, Judith Setser, as Guardian of
Dale R Setser v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Katzman, McCann, Laura, Pastor,
Robinson, and Toy
NAYS None
The President declared the resolution adopted
On a motion by Laura, seconded by Robinson, and unanimously
adopted, it was
#184-13 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 Katzman, it was
#185-13 RESOLVED, that having considered a communication
from the Department of Law, dated May 31, 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 Brosnan, Katzman, McCann, Laura, Pastor,
Robinson, and Toy
NAYS None
The President declared the resolution adopted
Regular Meeting Minutes of June 3, 2013 38701
There was no Audience Communication at the end of the meeting
On a motion by Robinson, seconded by Pastor, and unanimously
adopted, this 1,730th Regular Meeting of the City of Livonia was adjourned at
903 p m
(f
Terry4Marecki, City Clerk