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