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