HomeMy WebLinkAboutCOUNCIL MINUTES 2015-12-02 39601
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND NINETIETH
REGULAR MEETING OF DECEMBER 9,201
On December 2, 2015 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by President
Brosnan at 7:00 p.m. Vice President Meakin led the meeting in the Pledge.
Roil was called with the following result: Brian Meakin, Lynda
Scheel, Susan Nash, Brandon Kritzman, John Pastor and Maureen Miller Brosnan.
Absent: Laura Toy.
Elected and appointed officials present: Mark Taormina, Director of
Economic Development and Planning; Todd Zilincik, Director of Engineering; Don
Knapp, City Attorney; Paul Bernier, Assistant City Attorney; Adriane D. Spencer,
Deputy City Clerk, Judy Priebe, Director of Legislative Affairs; Mayor Elect Dennis
Wright and Mayor Jack Kirksey.
On a motion by Scheel, supported by Nash, and unanimously adopted, it
was:
#367-15 RESOLVED, that the Minutes of the 1,789th Regular
Meeting of the Council held November 16, 2015 are hereby approved as
submitted.
President Brosnan announced there will be an X-item at the end of tonight's
Agenda and that new data was received on Items #7, 8 and the X-item.
Pastor wished his wife a Happy Birthday and sent anniversary greetings to his
son and daughter-in-law and announced that he will be a grandfather this March_
Nash wished Vice President Meakin a happy birthday.
During Audience Communication Christopher Martin, 12275 Inkster Road,
showed pictures to Council of the fence work on his property.
Steven Johnson, 18240 Sunset, spoke in support of getting Mr. Martin's
ongoing problem resolved with the City.
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Regular Meeting Minutes of December 2, 2015
Mayor Kirksey thanked the DPW and DPS for the beautiful holiday lighting
display they had put up and spoke about the well-attended lighting festivities held
the night before. He expressed gratitude to the Public Safety Departments for
keeping the residents of Livonia safe and then spoke about the tragedy that
occurred in San Bernardino and the senseless loss of life that occurred.
A new site plan and elevations received in the Office of the City Council on
December 2, 2015, re: Petition 2015-09-02-19 (Twin Peaks Restaurant), was
received and placed on file for the information of the Council.
On a motion by Pastor, supported by Meakin, it was:
#368-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 22, 2015, approved for
submission by the Mayor, which transmits its resolution #10-76-2015,
adopted on October 20, 2015, with regard to Petition 2015-09-02-19,
submitted by Motor City Peaks, L.L.C., on behalf of Twin Peaks Restaurant,
requesting waiver use approval pursuant to Section 11.03(c)(1) and (h) of
the City of Livonia Zoning Ordinance#543, as amended, to expand the food
service and Class C liquor operations by constructing an outdoor dining
patio and remodel the exterior of the restaurant, located on the east side of
Haggerty Road between the Seven Mile and Eight Mile Roads (20120
Haggerty Road) in the Northwest 114 of Section 8, the Council does
hereby deny the waiver use for the following reasons:
1. That the petitioner has failed to affirmatively show that the proposed
use is in compliance with all of the special and general waiver use standards
and requirements as set forth in Sections 11.03 and 19.06 of the Zoning
Ordinance,
2. That the increase in intensity associated with an outdoor patio at this
location would be detrimental to and not in harmony with the character of
the surrounding neighborhood;
3. That the proposed patio fails to comply with the front yard setback
requirement of the C-2 District;
4. That the petitioner has failed to demonstrate that the site has the
capacity to accommodate an outdoor patio, and
5_ That the proposal fails to conclusively deal with all the concerns
deemed necessary for the safety and welfare of the City and its residents.
Furthermore, having considered the revised site plan submitted by Motor
City Peaks, L.C_C. to remodel the exterior of the restaurant, located on the
east side of Haggerty Road between the Seven Mile and Eight Mile Roads
.....
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Regular Meeting Minutes of December 2, 2095
(20120 Haggerty Road) in the Northwest 114 of Section 8, the Council
does hereby approve the request to remodel the exterior of the
restaurant at 20120 Haggerty Road is hereby approved, subject to the
following conditions:
1. That the site plan marked Sheet No. S1 dated November 23, 2015, as
revised prepared by Creekwood Architecture, Inc_, is hereby approved
and shall be adhered to;
2. That the landscape plan marked Sheet No. L1 dated November 23,
2015, as revised, prepared by Creekwood Architecture, Inc., is hereby
approved and shall be adhered to;
3. That appropriate recordable legal instrumentation, such as a cross
parking agreement, that gives notice and outlines the terms of how the
properties of the Chestnut Hills development would share parking and
access, be supplied to the City;
4_ That the exterior elevation plans marked Sheet No. A2 and A3 both
dated August 24, 2015, as revised per the plans submitted to the City
Planning Commission date-stamped November 25, 2015 prepared by
Creekwood Architecture, Inc., are hereby approved and shall be
adhered to;
5. That the color rendering dated November 30, 2015 as prepared by
United Renderworks is hereby approved and shall be adhered to;
6. That no part of the building shall exceed thirty-five feet (35') in height;
7. That unless approved by the proper local authority, any type of exterior
advertising, such as promotional flags, streamers or sponsor vehicles
designed to attract the attention of passing motorists, shall be
prohibited;
8. That only previously approved signage is approved with this petition,
and any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals;
9. That no LED lightband or exposed neon shall be permitted on the site
including, but not limited to, the building or around the windows;
10. That the issues as outlined in the correspondence dated October 12,
2015, from the Livonia Fire and Rescue Division shall be resolved to
the satisfaction of the Inspection Department;
11- That the issues as outlined in the correspondence dated October 16,
2015, from the Inspection Department shall be resolved to the
satisfaction of the Inspection Department,
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Regular Meeting Minutes of December 2, 2015
12. That all other conditions of CR #51-07 adopted by the Livonia City
Council at the Regular Meeting of February 14, 2007, to the extent
they do not conflict with any of the foregoing conditions, shall be
adhered to;
13. That no outdoor dining patio is approved at this location.
14. 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
15. Pursuant to Section 19.10 of Ordinance #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.
A roll call vote was taken on the foregoing resolution with the following
result.
AYES: Meakin, Scheel, Nash, Kritzman and Pastor
NAYS: Brosnan
The President declared the resolution adopted.
On a motion by Pastor, supported by Scheel, it was:
#369-15 RESOLVED, that having considered a letter from Melissa
Machac, Vice Chair, Building Families First Community Development
Organization, dated October 26, 2015, the Council does hereby take this
means to indicate that Building Families First Community Development
Organization is recognized as a non-profit organization operating in the
community, and the action herein being taken for the purpose of affording
Building Families First Community Development Organization the
opportunity to obtain a charitable gaming license or registration from the
State of Michigan in accordance with provisions of State statute.
#370-15 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 1, 2015,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the unit price bids
of the following companies for supplying the Parks and Recreation
Department with clothing for the 2016 Fiscal Year as indicated on the
attachment to the aforesaid communication, the same having been the
lowest bid submitted for each item fisted and meets all specifications:
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Regular Meeting Minutes of December 2, 2015
Express Press
1860 E. St. Louis Street, Springfield, M® 65802
Item 3 Jerzees 996 MR
Adult Med-Lg $ 9.98
Adult 2X $12.98
Item 4 Jerzees 437M
Adult Sm —XL $6.49
Adult 2X $8.49
Item 5 Jerzees 437M
Adult Sm —XL $6.49
Item 6 Jerzees 363 MR
Adult Sm - XL $3.98
Estimated Cost: $1,170.58
All American Embroidery
Sandeep Narang, 31600 Plymouth Road, Livonia, Ml 48150
Item 7 Jerzees LS 437 ML
Adult Sm-XL $10.23
Item 19 Jerzees 29LSR
Adult Med —XL $ 5.60
Adult 2X $ 7.25
Adult 3X $ 7.25
Item 20 Jerzees 29LSR
Adult Sm —XL $ 5.75
Adult 2X $ 7.75
Estimated Cost: $1,402.26
Allgraphics Corporation
Frank Alspector, 28960 E. Icing William ®r., Farmington Hills, MI 48331
Item 15 Anvil 88VL
Adult Sm — XL $ 5.02
Anvil 880
Adult Sm --- XL $ 4.00
Estimated Cost: $649.44
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Regular Meeting Minutes of December 2, 2015
Dun-Mor Design & Embroidery, Inc.
Richard Dunmore, 330 E. Made Road, Suite N, Troy, MI 48083
Item 10 Gildan 5000b
Youth Sm - Med $2.95 I'
Adult Sm -XL $4.49
Adult 2X - 3X $5.49
Item 12 Jerzees 29MR
Adult Med —XL $3.19
Adult 2X $4.54
Adult 3X $4.99
Item 17 Cap —Anvil 156
One size tits all $4.20
Estimated Cost. $7,278.06
Images on Metal, Inc.
Harlan E. Jacobson, 105 South Mantorville Ave., Kasson, MN 55944
Item 1 Anvil 980
Adult Med — Lg $3.05
Adult 2X $4.50
Item 2 Jerzees 996M
Adult Med - XL $12.85
Adult 2X $14.75
Item 8 Gildan 2000
Adult Sm —XL $2.75
Adult 2X $4.35
Item 9A* Gildan 8000
Youth Sm — Lg $2.60
Adult Sm — Med $2.60
Adult Lg —XL $2.60
Item 9B* Gildan 8000
Adult Med —XL $2.75
Adult 2X $4.35
Item 11 Gildan 8000
Youth Sm — Lg $2.75
Adult Sm —XL $2.75
Adult 2X $4,35
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Regular Meeting Minutes of December 2, 2015
Item 13A* FOL 3931
Youth Med — Lg $2.80
Adult Sm — Med $2.80
Item 1313* FOL 3931
Adult Sm — Lg $2.95
Adult 2X $4.30
Item 14 Jerzees 29 MD
Adult Med —XL $3.00
Adult 2X $5.75
Item 16 Anvil 980
Adult Med —XL $2.95
Adult 2X $4.90
Item 18A* Port Authority F218
Adult Sm —XL $17.85
Item 18B* Port Authority F217
Adult Sm — XL $18.90
Item 21 Chestnut Hill 910
Adult Sm — XL $13.20
* Lowest bidder when total quantity of shirts is multiplied by prices.
Estimated Cost: $6,362.99
FURTHER, the Council does hereby authorize such purchases from funds
already budgeted in the Department of Parks and Recreation and
Community Center Account Nos. 208-755-768-000, 208-717-764-000, 101-
711-766-000, 101-707-764-000 and 208-755-776-040 for this purpose.
9371-15 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated October 13, 2015, which
bears the signature of the Director of Public Works, the City Attorney and
the Director of Finance and is approved for submission by the Mayor, to
which is attached a proposed Sublease Agreement between the City of
Livonia and the Livonia Junior Athletic League to lease Rotary Park Softball
Diamonds #1, #2, #3 & #4 for a period of five (5) years, with an option to
renew for an additional five (5) years if the tenant is not in default,
commencing on December 1, 2015, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the
attached sublease agreement, subject to approval as to form and substance
by the Department of Law, and to do all other things necessary or incidental
to the full performance of this resolution.
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Regular Meeting Minutes of December 2, 2015
#372-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 22, 2015, which transmits its
resolution #10-77-2015, adopted on October 20, 2015, with regard to a Sign
Permit Application, Petition 2015-09-SN-06, submitted by Cozy Corner
Cafe, requesting approval of an additional wail sign for the restaurant
located within the L.A. Plaza shopping center on the south side of Plymouth
Road between Yale Avenue and Levan Road (36083 Plymouth Road) in the
Northeast 114 of Section 32, the Council does hereby concur in the
recommendation of the Planning Commission and approves the said sign j
permit application, subject to the following conditions:
1. That the additional wall sign shall be installed in accordance with the
Sign Plan submitted by Harold Greenberg, as received by the
Planning Commission on September 23, 2015;
2 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess signage and
any conditions related thereto,
3. That both signs on the building shall not be illuminated beyond one
(1) hour after this business closes;
4. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
and
5. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the sign
permits are applied for.
#373-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 21, 2015, approved for
submission by the Mayor, which sets forth its Resolution #10-78-2015,
adopted on October 20, 2015, with regard to a request from Al Paas-
Architect, dated September 15, 2015, for a one-year extension of the
approval of Petition 2014-09-08-11, submitted by Autumnwood of Livonia,
previously granted in Council Resolution #345-14, adopted on November
17, 2014, in connection with a proposal to construct additions to the nursing
home located on the east side of Middlebelt Road between Lyndon Avenue
and Five Mile Road (14900 Middlebelt Road) in the Northwest 114 of Section
24, the Council does hereby concur in the recommendation of the Planning
Commission and does hereby grant the requested extension for a one-year
period, subject to compliance with all of the conditions set forth in the
original site plan approval-
#374-15 RESOLVED, that having considered a communication from
the Department of Law and the Co-Director of Community Resources, dated
November 3, 2015, approved for submission by the Mayor, to which is
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Regular Meeting Minutes of December 2, 2015
attached a proposed contract between the City of Livonia and independent
contractor, John Dupuie, for providing caretaker services in the Historical
Village at Greenmead, the Council does hereby approve the selection of
John Dupuie, 33485 Bobrich, Livonia, MI 48152, to provide caretaker
services in the Historical Village at Greenmead on an independent
contractor basis for the period December 3, 2015 through November 30,
2017, with an option to renew for two (2) additional two-year terms at the
discretion of the Mayor of the City; FURTHER, the Mayor and City Clerk are
hereby authorized to execute the attached contract, for and on behalf of the
City of Livonia, with the aforesaid individual in the manner and form
submitted and 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: Meakin, Scheel, Nash, Kritzman, Pastor and Brosnan
NAYS: None
A communication from the Department of Parks and Recreation, dated
November 23, 2015, re: Sublease Agreement Eddie Edgar and Devonaire Arenas,
was received and placed on file for the information of the Council.
On a motion by Pastor, supported by Scheel, and unanimously adopted, it
was:
#375-15 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 5, 2015,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, to which is attached a proposed Lease
Agreement for Devon-Aire Ice Arena between the City of Livonia and the
Livonia Hockey Association, for a period of five (5) years commencing
August 1, 2016 through July 31, 2021, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
the attached agreement, subject to approval as to form and substance by
the Department of Law, and to do all other things necessary or incidental to
the full performance of this resolution.
On a motion by Pastor, supported by Scheel, and unanimously adopted, it
was:
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Regular Meeting Minutes of December 2, 2015
#376-15 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 5, 2015,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, to which is attached a proposed Sublease
Agreement for Eddie Edgar Ice Arena between the City of Livonia and the
Livonia Hockey Association, for a period of five (5) years commencing
August 1, 2016 through July 31, 2021, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of The City of Livonia, to execute
the attached agreement, subject to approval as to form and substance by
the Department of Law, and to do all other things necessary or incidental to
the full performance of this resolution.
President Brosnan stepped down to avoid any perceived conflict of interest at
7:20 p.m. and passed the gavel to Vice President Meakin.
An email communication from David Spivey, President and CEO, ST. Mary
Mercy Livonia, 36475 Five Mile Road, Livonia, MI 48154, dated November 4, 2015,
re: Sublease portion of the Livonia Community Recreation Center to the Detroit
Medical Center (DMC) Rehabilitation Institute of Michigan, was received and
placed on file for the information of the Council.
On a motion by Kritzman, supported by Pastor, it was:
#377-15 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated October 23, 2015, 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 a proposed
Sublease and Health Services Agreement between the City of Livonia and
DMC Rehabilitation Institute of Michigan, 261 Mack Blvd., Detroit, MI 48201,
to provide health and wellness services as well as physical therapy service
on a limited basis at the Livonia Community Recreation Center for a period
of five (5) years commencing January 1, 2016 through December 31, 2021,
as well as for the rental of space in the Recreation Center, the Council does
hereby refer this matter to the Committee of the Whole for its report and
recommendation.
Following discussion by Council, a roll call vote was taken on the foregoing
resolution with the following result:
AYES: Nash, Kritzman, Pastor, Meakin
NAYS: Scheel
The Vice President declared the resolution adopted.
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Regular Meeting Minutes of December 2, 2015
President Brosnan returned to the podium at 7:24 p-m. and resumed the gavel.
On a motion by Meakin, supported by Pastor, and unanimously adopted, it
was:
i
#378-15 RESOLVED, that having considered a communication from
the Department of Law, dated November 6, 2015, approved for submission
by the Mayor, transmitting for Council acceptance of a Grant of Easement
executed by James M. Inglis, Livonia Housing Director, for a 10' wide public
utility easement in connection with the storm sewer line constructed at 8971
Floral Avenue in the Southeast 114 of Section 36, more particularly
described as:
A 10 foot wide easement for drainage being part of the SE '/ of Section 36,
Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan,
more particularly described as follows:
Beginning at a point distant N 89041'00" W 1975 feet and N 00°04'40" E
535.0 feet and S 89°41'00" E 25.50 feet and N 0004'40" E 10.61 feet along
the West line of said parent parcel from the SE corner of said Section 36;
thence continuing along said line N 00004'40" E 10.0 feet; thence N
87042'56" E 124.61 feet, thence S 00°04'40"W 10.0 feet along the East line
of said parent parcel; thence S 8742'56" W 124.61 feet to the Point of
Beginning.
Contains 1,245 square feet or 0.03 acres of land, more or less. Subject to
all easements and restrictions of record, if any.
The Council does hereby, for and in behalf of the City of Livonia, accept the
aforesaid Grant of Easement and the City Clerk is hereby requested to have
the same 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.
On a motion by Scheel, supported by Nash, and unanimously adopted, it
was:
#379-15 RESOLVED, that having considered a communication from
the Department of Law, dated November 6, 2015, approved for submission
by the Mayor, transmitting for Council acceptance of a Grant of Easement
executed by Tanya Ellefson, for a variable width public utility easement in
connection with the storm sewer line constructed at 11225 W. Clements
Circle, in the North 112 of Section 36, more particularly described as:
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Regular Meeting Minutes of December 2, 2015
A variable width easement for drainage being part of the N '/2 of Section 36,
Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan,
more particularly described as follows:
Commencing at the SE corner of Lot 110, "Thomas Elliot Subdivision"
according to the plat thereof as recorded in Liber 72 Page 19 of Plats,
Wayne County Records; thence S 87°34'15" W 41.63 feet along the South
line of said Lot 110 to the Point of Beginning; thence continuing along said
line S 8734'15"W 107.99 feet; thence N 0250'30"W 10.99 feet; thence S
86037'25" E 108.63 feet to the Point of Beginning.
Contains 594 square feet or 0.01 acres of land, more or less. Subject to all
easements and restrictions of record, if any.
The Council does hereby, for and in behalf of the City of Livonia, accept the
aforesaid Grant of Easement and the City Clerk is hereby requested to have
the same 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.
On a motion by Scheel, supported by Nash, and unanimously adopted, it
was:
#380-15 RESOLVED, that having considered a communication from
the Department of Law, dated November 6, 2015, approved for submission
by the Mayor, transmitting for Council acceptance of a Grant of Easement
executed by Maria Mitter, for a variable width public utility easement in
connection with the storm sewer line constructed at 9371 Iowa Avenue in
the Southeast 114 of Section 34, more particularly described as:
A variable width easement for drainage being part of the SE '/4 of Section
34, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan,
more particularly described as follows:
Commencing at the NW corner of Lot 174, "Rosedale Meadows
Subdivision", according to the plat thereof as recorded in Liber 76, Page(s)
41-43 of Plats, Wayne County Records; thence N 86°58'31" E 6.0 feet along
the North line of said Lot 174; thence S 02022'45" E 1.81 feet along the East
line of an existing easement to the Point of Beginning; thence S 52°18'49"
E 7.20 feet; thence S 37°41'11" W8.56 feet; thence N 02°22'45" W 11.19
feet along the East line of an existing easement to the Point of Beginning.
Contains 31 square feet of land, more or less. Subject to all easements and
restrictions of record, if any.
The Council does hereby, for and in behalf of the City of Livonia, accept the
aforesaid Grant of Easement and the City Clerk is hereby requested to have
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Regular Meeting Minutes of December 2, 2015
the same 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.
On a motion by Nash, supported by Scheel, and unanimously adopted, it
was:
#381-15 RESOLVED, that having considered a communication from
the Department of Law, dated November 9, 2015, approved for submission 1-
by the Mayor, transmitting for Council acceptance of a Grant of Easement
executed by Jay Feldman, Member, Feldman Plymouth Road, LLC, for a
20' wide public utility easement in connection with the sanitary sewer line
constructed at 32570 Plymouth Road in the Southwest 114 of Section 27,
more particularly described as:
(20-foot Wide Sanitary Sewer Easement)
A twenty foot (20.00') wide easement for sanitary sewer, the centerline of
which is described as: commencing at the southwest corner of Section 27,
Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan;
thence N.00°00'39" E., 60.00 feet, thence S.89013'14" E., 1,632.75 feet;
thence N.00002'31" E., 315.00 feet along the east line of Mayfield Avenue
(60 feet wide); thence S.89013'14" E., 552,01 feet; thence N.00005'04" E.,
13.69 feet to the point of beginning; thence S 88052'22" E., 150.00 feet to
the point of ending.
The Council does hereby, for and in behalf of the City of Livonia, accept the
aforesaid Grant of Easement and the City Clerk is hereby requested to have
the same 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.
On a motion by Nash, supported by Pastor, it was:
#382-15 RESOLVED, that having considered a communication from
the Department of Law, dated November 13, 2015, 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 purpose of discussing litigation matters and attorney/client
privileged communications in connection with pending litigation, John
Kozma and Wendy Kozma as Co-Guardians of Jodi Renee Kozma v Cif
Livonia, et al.
A roll call vote was taken on the foregoing resolution with the following
result.-
AYES:
esult: AYES: Meakin, Scheel, Nash, Kritzman, Pastor and Brosnan
NAYS: None
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Regular Meeting Minutes of December 2, 2015
The President declared the resolution adopted.
On a motion by Pastor, supported by Scheel, and unanimously adopted, it
was:
#383-15 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.
City Attorney Knapp stepped down from the podium to avoid any perceived conflict
of interest at 7:28 p.m. and Assistant City Attorney Bernier stepped up to the
podium.
A communication from Paul F. Bohn, Fausone Bohn, LLP, dated November
18, 2015, re: Request for Revised Resolution, was received and placed on file for
the information of the Council.
On a motion by Scheel, supported by Kritzman, and unanimously adopted,
it was:
#384-15 RESOLVED, that having considered a communication from
Paul F. Bohn, Fausone Bohn, LLP, Attorneys at Law, on behalf of Livonia
Lodge, LLC, dated November 18, 2015, requesting an amended resolution
to add certain necessary language required by the State of Michigan
Department of Treasury in connection with the approval for a Commercial
Rehabilitation Exemption Certificate for the expansion and rehabilitation of
the properties located at 27403 and 27451 Schoolcraft Road, Livonia, MI
48150, previously authorized in Council Resolution #308-15, adopted on
October 5, 2015, the Council does hereby approve the following amended
resolution:
WHEREAS, the City Clerk has received an Application for Commercial
Rehabilitation Exemption Certificate from Paul F. Bohn, Fausone Bohn,
LLP, Attorneys at Law, on behalf of Livonia Lodge, LLC, dated August 21,
2015, for the expansion and rehabilitation of the properties located at 27403
and 27451 Schoolcraft Road, Livonia, Michigan 48150, in the Northeast 114
of Section 25 (Commercial Rehabilitation District#3); 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 and request has been received, and
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WHEREAS, the City Council has afforded Paul F. Bohn, Fausone Bohn,
LLP, Attorneys at Law, on behalf of Livonia Lodge, LLC, 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, September 14, 2015, at the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan; and
WHEREAS, the taxable value of the property proposed to be exempt plus
the aggregate taxable value of property previously exempt and currently in
force under Public Act 210 of 2005 or under Public Act 198 of 1974 (IFT's)
does not exceed 5% of the total taxable value of the City of Livonia; and
WHEREAS, the application was approved at a public hearing as provided
by Section 4(2) of Public Act 210 of 2005 on September 14, 2015; and
WHEREAS, the applicant, Livonia Lodge, LLC, is not delinquent in any
taxes related to the facility; and
WHEREAS, the application is for commercial property as defined in Section
2(a) of Public Act 210 of 2005; and
WHEREAS, the applicant, Livonia Lodge, LLC, has provided answers to all
required questions under the application instructions to the City of Livonia;
and
WHEREAS, the City of Livonia requires that rehabilitation of the facility shall
be completed by May 31, 2016; and
WHEREAS, the commencement of the rehabilitation of the facility did not
occur more than six months prior to the filing of the application for
exemption; and
WHEREAS, the application relates to a rehabilitation program that when
completed constitutes a qualified facility within the meaning of Public Act
210 of 2005 and that is situated within a Commercial Rehabilitation District
established under Public Act 210 of 2005; and
WHEREAS, completion of the qualified facility is calculated to, and will at
the time of issuance of the certificate, have the reasonable likelihood to,
increase commercial activity, create employment, retain employment, and
revitalize a blighted urban area, in which the facility is situated; and
WHEREAS, the rehabilitation includes improvements aggregating 10% or
more of the true cash value of the property at commencement of the
rehabilitation as provided by Section 20) of Public Act 210 of 2005.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS:
39616
Regular Meeting Minutes of December 2, 2015
1. That the City Council, on the basis of the information received from
the applicant, Paul F. Bohn, Fausone Bohn, LLP, Attorneys at Law,
on behalf of Livonia Lodge, LLC, finds and determines: (a) that the
granting of this Commercial Rehabilitation 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 8, Act
No. 210, P.A. 2005, as amended.
2. That the City Council hereby approves the Application for
Commercial Rehabilitation Exemption Certificate from Paul F. Bohn,
Fausone Bohn, LLP, Attorneys at Law, on behalf of Livonia Lodge,
LLC, for the expansion and rehabilitation of the properties located at
27403 and 27451 Schoolcraft Road, Livonia, MI 48150 (Commercial
Rehabilitation District #3), for 8 years, pursuant to the provisions of
PA 210 of 2005, as amended.
3. That the City Council hereby determines that it shall not consider an
extension of the Commercial Rehabilitation Exemption Certificate for
the expansion and rehabilitation of the properties located at 27403
and 27451 Schoolcraft Road, Livonia, MI 48150 (Commercial
Rehabilitation District #3), beyond the 8 years approved above,
pursuant to the provisions of PA 210 of 2005, as amended.
Knapp returned to the podium and Bernier stepped down at 7:29 p.m.
There was no Audience Communication at the end of the meeting.
On a motion by Pastor, supported by Scheel, and unanimously adopted,
this 1,790th Regular Meeting of the Council of the City of Livonia was adjourned
at 7:30 p.m. on December 2, 2015.
6
Adriane D. Spencer
Deputy City Clerk