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HomeMy WebLinkAboutCOUNCIL MINUTES 2013-09-09 38792 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND THIRTY SIXTH REGULAR MEETING OF SEPTEMBER 9, 2013 On September 9, 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 Kritzman, 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 Pastor, seconded by Robinson, and unanimously adopted, it was #281-13 RESOLVED, that the Minutes of the 1,735th Regular Meeting of the Council held August 26, 2013, are hereby approved as submitted Laura presented a commendation on behalf of the Mayor and Council to Cathryn White, who has served the City for 32 years as Chief Assistant City Attorney in the Law Department. Laura wished her well in her retirement and thanked her for her years of service to the City Cathryn White thanked Council for the commendation and stated it was a pleasure working with all the Council members and various Mayors throughout her years of service McCann read a proclamation on behalf of the Mayor and Council to declare September, 2013 as National Childhood Cancer Awareness Month and wanted to recognize this month as same on behalf of the City of Livonia Brosnan presented a commendation on behalf of the Mayor and Council to Flora Murray, who recently celebrated her 90th birthday Brosnan indicated Ms Murray has served as a volunteer ambassador at Detroit Metropolitan Airport and has volunteered countless hours at the Senior Center, Police and Fire Departments, Greenmead, and as an Election Inspector Terry Marecki, City Clerk, presented a Regular Meeting Minutes of September 9, 2013 38793 "Certificate of Appreciation" to Ms Murray for the last 11 years she has served as an Election Inspector Flora Murray was present to accept the commendation and thanked Council and Mayor Kirksey for their kind words and recognition Vice President Pastor presented a tribute and commendation to the Riverside Arena Skating Club, its coaches, and the members of the Team for their recent participation in the National Rollerskating Championship held in Albuquerque, New Mexico Councilmembers presented each team member of the Riverside Arena Skating Club with a certificate to acknowledge their hard work and recognize their individual and collective accomplishments in the National Championship Vice President Pastor requested a moment of silence to honor the recent passing of Judge Robert Brzezinski, who served as the 16th District Court Judge for 25 years and provided 37 years of service to the City of Livonia President Toy offered condolences to the Ockerman family on the recent loss of Ken Ockerman, a former Livonia resident and classmate of President Toy at Bentley High School President Toy also indicated Midge Ellis, lifetime promoter of Jazz music in the community and throughout Southeast Michigan recently passed away and requested a moment of silence in her honor and offered condolences to her family President Toy announced there would be a Public Hearing held on Monday, September 30, 2013, at 7 00 p m in the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, Michigan Bonnie Verville, Vice President — Finance/Secretary, Howard Ternes Packaging is requesting approval of an Industrial Facilities Exemption Certificate for complete renovation of the warehouse and office space at their facility located at 35275 Industrial Road, Livonia, MI 48150 (Industrial Development Overlay District#111) During Audience Communication, Dan Centers and Erin Williams, Livonia Jaycees, 18221 Farmington Road, announced the Jaycees will host a fundraiser breakfast for the Boy Scouts of America at the St. Mary's Cultural Center located at 18100 Merriman Road on Thursday, September 26, 2013, from 7 15 a m to 8 15 a m Interested residents can obtain more information by contacting the Livonia Jaycees at (734) 956-0LIV Christopher Martin, 11037 Hubbard, addressed Council to express his request Council follow Ordinances that have been adopted and its own prescribed rules and procedures Mr Martin also expressed he felt every individual who addressed Council should be required to give their name and home address for the recorded Council Minutes Regular Meeting Minutes of September 9, 2013 38794 At the direction of the Chair, Agenda Item #3 regarding a waiver use petition submitted by 50 Sips Wine, L L C was removed from the Consent portion of the Agenda and put over to the regular portion of the Agenda A communication from the Department of Finance, dated August 20, 2013, re forwarding various financial statements for the City of Livonia for the month ending July 31, 2013, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Laura, it was #282-13 RESOLVED, that having considered a letter from Kevin Murphy, Athletic Director, Clarenceville High School, dated June 25, 2013, the Council does hereby approve and recognize the Clarenceville High School Homecoming Parade to be held on Friday, October 18, 2013, beginning at 5 30 p m , FURTHER, the Council does hereby approve the parade route as follows Exit the west driveway of Botsford Elementary and travel north on Brentwood to Pembroke, west on Pembroke to Weyher, south on Weyher to St. Martins, west on St Martins to Parkville, north on Parkville to Bretton, west on Bretton to Middlebelt; and north on Middlebelt to the Clarenceville Middle School parking lot; FURTHER, the Council does hereby request that the Wayne County Department of Public Services allow the City of Livonia to close the necessary roads between the hours of 5 00 p m and 7 00 p m or until the roads are returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, as to Wayne County only; and that Police Officer Keith Schoen is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia upon proof that the Board of Education of Clarenceville School District has adopted a resolution assuming liability for any damage claims which may arise as a result of the road closure, as to Wayne County and the City of Livonia only #283-13 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated August 13, 2013, the Council does hereby consent to and confirm the appointment of Gregory G Coppola, 17268 McNamara Drive, Livonia, Michigan 48152, to the Economic Development Corporation for a six year term expiring June 7, 2019, provided that Mr Coppola takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk A roll call vote was taken on the foregoing resolutions with the following result: Regular Meeting Minutes of September 9, 2013 38795 AYES Brosnan, Kritzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None At 7 35 p m Robinson stepped down from the podium to avoid any perceived conflict of interest. On a motion by Brosnan, seconded by Kritzman, it was #284-13 RESOLVED, that having considered a communication from the City Planning Commission, dated August 14, 2013, which transmits its resolution 08-46-2013, adopted on August 13, 2013, with regard to Petition 2013-07-02-17, submitted by Nicole Grenon, requesting waiver use approval to utilize an SDM liquor license (sale of packaged beer and wine) in connection with a specialty food and wine store (50 Sips Wine, L L.0 ) within the retail strip center on property located on the north side of Ann Arbor Trail between Newburgh Road and Horton Avenue (37522 Ann Arbor Trail) in the Northeast 1/4 of Section 31, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2013-07-02-17 is hereby approved and granted subject to the following conditions 1 That the use of an SDM liquor license at this location shall be permitted only under the circumstances that the standard set forth in Section 10 03(g)(1) of the Zoning Ordinance, which specifies that proposed SDM licensed establishments shall not be located within five hundred feet (500') of any existing SDM licensed establishment is waived by the City Council, and 2 The Petitioner shall not engage in any form of solicitation for business within the public right-of-way of Ann Arbor Trail A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Katzman, McCann, Laura, Pastor, and Toy NAYS None The President declared the resolution adopted On a motion by Brosnan, seconded by Kritzman, it was #285-13 RESOLVED, that having considered a communication from the City Planning Commission, dated August 14, 2013, which transmits its resolution 08-46-2013, adopted on August 13, 2013, with regard to Petition 2013-07-02-17, submitted by Nicole Grenon, requesting waiver use approval to utilize an SDM liquor license (sale of packaged beer and Regular Meeting Minutes of September 9, 2013 38796 wine) in connection with a specialty food and wine store (50 Sips Wine, L L C ) within the retail strip center on property located on the north side of Ann Arbor Trail between Newburgh Road and Horton Avenue (37522 Ann Arbor Trail) in the Northeast %4 of Section 31, which property is zoned C-1, the Council does hereby waive the 500 foot separation requirement between SDM licensed establishments as set forth in Section 10 03(G)(1) of Zoning Ordinance No 543, as amended A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Katzman, McCann, Laura, Pastor, and Toy NAYS None The President declared the resolution adopted At 7 36 p m Robinson returned to the podium A communication from Cheryl Gregory, P E , Vice President, Director of Engineering, Spalding DeDecker Associates, Inc , dated August 21, 2013, re a study conducted jointly by the University of Colorado and the Georgia Institute of Technology which analyzed the effectiveness of the Quality Based Selection (QBS) process, was received and placed on file for the information of the Council (CR 49-10) A communication from Joe Neussendorfer, dated August 13, 2013, re continued involvement with Quality Based Selection (QBS) process, was received and placed on file for the information of the Council (CR 49-10) On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #286-13 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated August 13, 2013, submitted pursuant to Council Resolution No 49- 10, regarding the subject of the Quality Based Selection (QBS) process for future proposals relating to professional engineering consulting services, the Council does hereby refer this matter to the Administration for a written evaluation of the QBS process Regular Meeting Minutes of September 9, 2013 38797 Brosnan indicated the subject of the Quality Based Selection (QBS) process for future proposals relating to professional engineering consulting services will remain in the Infrastructure and Community Transit Committee at this time (CR 49-10) Brosnan provided a verbal update on the subject of the street gap program in connection with Complete Streets Legislation and indicated the subject would remain in the Infrastructure and Community Transit Committee at this time (CR 409-10) On a motion by Brosnan, seconded by Robinson, and unanimously adopted, it was #287-13 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated August 13, 2013, submitted pursuant to Council Resolution No 66- 13, regarding the subject of establishing a sidewalk waiver fund to offset the cost of future sidewalk connectivity issues, the Council does hereby refer this matter to the Law Department to conduct a thorough review of how other governmental entities have created funds for mitigation programs Brosnan indicated the subject of establishing a sidewalk waiver fund to offset the cost of future sidewalk connectivity issues would remain in the Infrastructure and Community Transit Committee at this time (CR 66-13) A communication from the Department of Finance, dated August 12, 2013, re Rotary Park Cell Tower Request for Proposals (RFP), was received and placed on file for the information of the Council (CR 302-12) On a motion by Robinson, seconded by Brosnan, and unanimously adopted, it was #288-13 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated August 21, 2013, submitted pursuant to Council Resolution No 302- 12, regarding the subject of Livonia Tomorrow — Funding, the Council does hereby accept the proposal from American Tower and the Law Department is authorized to negotiate a Lease Agreement under the terms of the proposal for submission to Council for approval Robinson provided a verbal update on the subject of Livonia Tomorrow — Funding and indicated the matter would remain in the Finance, Budget and Technology Committee at this time (CR 302-12) Regular Meeting Minutes of September 9, 2013 38798 Robinson provided a verbal update on the subject of Advance Budget Reviews and indicated the matter would remain in the Finance, Budget and Technology Committee at this time (CR 161-12) On a motion by Brosnan, seconded by McCann, it was #289-13 RESOLVED, that having considered a letter from Danny Fitzgerald, Classic Building Co , received in the Engineering Department on July 17, 2013, requesting a waiver of the sidewalk requirement in front of 18328 Lathers in the Northeast 1/4 of Section 12, and having further considered the report and recommendation of the City Engineer, dated July 29, 2013, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the immediate area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Kritzman, McCann, Pastor, and Toy NAYS Laura and Robinson The President declared the resolution adopted Danny Fitzgerald, Classic Building Company, 19235 Smock, Northville, was present to answer any questions of Council and thanked Council for their time A communication from Tom Wozniak, dated August 24, 2013, re changing the date of the movie night for Old Rosedale Gardens Homeowners Association from September 20, 2013, to September 27, 2013, and keeping the original dates requested in October, was received and placed on file for the information of the Council (CR 262-13) An e-mail communication from the Superintendent of Parks and Recreation, dated August 29, 2013, re indicating all input received from residents regarding movies at Rudy Kleinert Park was positive and recommendation to waive the City's Noise Ordinance to allow movies in the future as requested by Old Rosedale Regular Meeting Minutes of September 9, 2013 38799 Gardens Homeowners Association, was received and placed on file for the information of the Council (CR 262-13) An e-mail communication from Edwin Chiu and Tara Hillary, 9924 Blackburn Street, dated August 26, 2013, re expressing their gratitude for Council's approval of the first movie night for the Old Rosedale Gardens Homeowners Association hosted at Kleinert Park on August 23, 2013, was received and placed on file for the information of the Council (CR 262-13) A communication from the Parks & Recreation Department, dated September 6, 2013, re resolution from the Parks and Recreation Commission approving movies at Kleinert Park for the Old Rosedale Gardens Homeowners Association adopted by the Parks and Recreation Commission, was received and placed on file for the information of the Council (CR 262-13) On a motion by Brosnan, seconded by McCann, and unanimously adopted, it was #290-13 RESOLVED, that having considered a letter from Justin Ellsworth, dated August 8, 2013, which requests permission to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, as amended, in connection with the showing of a family friendly movie they are planning on Friday, September 27, 2013, and Friday, October 18, 2013, at Rudy Kleinert Park, including therein permission to conduct the said affair on Saturday, September 28, 2013, and Saturday, October 19, 2013, in the event of inclement weather, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances in connection with these events to be held on Friday, September 27, 2013, and Friday, October 18, 2013, FURTHER, the Council does hereby waive the requirement of obtaining permission from the Parks and Recreation Commission and the Chief of Police to operate in a public park after dusk on said date Tom Wozniak, 11407 Cranston, addressed Council to explain the first movie night hosted by the Old Rosedale Gardens Homeowners Association in Rudy Kleinert Park was very successful and indicated neighbors who border the park were contacted directly and all feedback received was positive Regular Meeting Minutes of September 9, 2013 38800 George DuPuis, 9912 Hubbard, thanked Council for their time and consideration of movie nights for Old Rosedale Gardens Homeowners Association On a motion by Brosnan, seconded by Robinson, it was #291-13 RESOLVED, that having considered a communication from the City Planning Commission, dated July 10, 2013, which sets forth its resolution 07-38-2013 adopted on July 9, 2013, with regard to Petition 2013-06-01-03, submitted by Tim Hortons Café and Bake Shop, for a change of zoning of property located on the south side of Five Mile Road between Newburgh Road and Blue Skies Avenue (37685 Five Mile Road) in the Northeast 1/4 of Section 19, from C-1 (Local Business) to C-2 (General Business), and the Council having conducted a public hearing on August 21, 2013, the Council does hereby approve Petition 2013-06-01-03 for preparation of the Ordinance for submission to Council, and the City Planning Department is hereby instructed to cause the necessary map for publication to be prepared indicating the Zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an Ordinance amending Ordinance No 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES Brosnan, Kritzman, Pastor, Robinson, and Toy NAYS McCann and Laura The President declared the resolution adopted Patrick Bell, 565 E Grand River Avenue, Brighton, was present on behalf of Tim Horton's Café and Bake Shop to answer any questions of Council (Petition 2013-06- 01-03) On a motion by Brosnan, seconded by McCann, and unanimously adopted, it was #292-13 WHEREAS, the City of Livonia meets the definition of an "Eligible Local Assessing District" under P.A. 328 of 1998, Section 7(g), by virtue of containing an eligible distressed area as defined by Section 7(f)(i), in accordance with P.A. 346 of 1966, Section 11, and WHEREAS pursuant to P.A. 198 of 1974, as amended, after a duly noticed public hearing, the City Council of the City of Livonia, established Livonia Industrial Development Overlay District No 111, on December 19, 2007, for property on Amrhein Road, thereby creating an "eligible district" for purposes of Act 328 of 1998, as amended (the "Act"), and Regular Meeting Minutes of September 9, 2013 38801 WHEREAS Visotek, Inc Nictor Technologies, Inc a Michigan corporation and an eligible business under the Act, has filed an application for Exemption of New Personal Property to be located in the referenced eligible district, and WHEREAS before acting upon said application the City Council of the City of Livonia held a public hearing on the 21st day of August, 2013, at 7 00 p m in Livonia City Hall at 33000 Civic Center Drive, Livonia, Michigan, at which the Applicant, City Assessor and a representative of the effected taxing units were given written notice and were afforded an opportunity to be heard on said Application, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia hereby approves the application of Visotek, Inc.Nictor Technologies, Inc for the Exemption of New Personal Property to be installed in the referenced eligible district; BE IT FURTHER RESOLVED THAT if the owner or lessee of a facility for which an Exemption of New Personal Property under the Act is in effect relocates that facility outside of the eligible district during the period in which the Exemption is in effect, the owner or lessee is liable to the City from which it is leaving, upon relocating, for an amount to be determined in accordance with a Letter of Agreement executed between Visotek, Inc.Nictor Technologies, Inc and the City of Livonia If the City determines that it is in its best interest, the City may forgive the liability of the owner or lessee under the terms of the Letter of Agreement. The payment provided for in the Letter of Agreement shall be distributed in the same manner as property taxes are distributed, BE IT FURTHER RESOLVED THAT the City Council, on the basis of the information received from the applicant, Visotek, Inc Nictor Technologies, Inc , finds and determines that the granting of this Personal Property Exemption 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 that the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended, BE IT FURTHER RESOLVED THAT, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Livonia after granting this New Personal Property Exemption will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted, BE IT FURTHER RESOLVED THAT the New Personal Property Exemption when issued shall be, and remain in force and effect for a period of 7 years, beginning on or about September 1, 2013, and ending August 30, 2020 Regular Meeting Minutes of September 9, 2013 38802 BE IT FURTHER RESOLVED THAT Visotek, Inc.Nictor Technologies, Inc shall file with the City Assessor two (2) personal property statements each year one statement for Exempt New Personal Property and one statement for all other personal property; and BE IT FURTHER RESOLVED THAT the Application submitted by Visotek, Inc.Nictor Technologies, Inc is for an Exemption of New Personal Property that will be located in the following described parcel of real estate situated within the City of Livonia, in Industrial Development Overlay District No 111, established on December 19, 2007 Beginning at the Northeast corner of said section and proceeding thence. S 02°42'15"E , 5,277 38 feet to the Southeast corner of said section, thence S 88°45'45"W, 5,214 20 feet to the Southwest corner of said section, thence N 00°08'06"W , 5,273 87 feet to the Northwest corner of said section, thence N 88°43'51"E , 4,977 64 feet to the point of beginning and the Northeast corner of said section, BE IT FINALLY RESOLVED that the City Clerk shall cause the Application for Exemption of New Personal Property to be completed and shall take all the steps necessary to insure that the completed application and a copy of this Resolution are filed with the State Tax Commission in a timely fashion Sheila Jensen, Visotek, Inc , 11700 Belden Court, Livonia, was present to answer any questions of Council and thanked Council for their time and consideration On a motion by McCann, seconded by Pastor, it was RESOLVED, that having considered a communication from the Mayor, dated August 29, 2013, regarding Nehasil Park and the Livonia Fallen Heroes Monument, the Council does hereby approve the Phase One Nehasil Park Design and Construction Plan as outlined in documents attached to said letter, with minor adjustments as needed, FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $410,749 38 from the Unexpended Fund Balance of the Community Recreation Fund for this purpose, with the understanding that the fund will be reimbursed by private donations and the $127,000 grant from Wayne County; FURTHER, the Council does hereby authorize the Mayor and the City Clerk, for and on behalf of the City of Livonia, to execute all necessary contracts in connection with Phase One of the Nehasil Park improvements, after review and approval of the Law Department. Robert Stevenson, former Chief of Police, addressed Council to indicate the Committee for the fundraising and planning of the Nehasil Park have worked diligently to bring the matter to fruition and stated he was present to answer any questions Council may have about the proposed project. Mr Stevenson also indicated monument bricks were still Regular Meeting Minutes of September 9, 2013 38803 for sale and all interested parties could go to the website of www.nehasilpark.orq for further information Christopher Martin, 12275 Inkster Road, addressed Council to suggest the subject matter could be sent to the Committee of the Whole for further discussion by Council if the matter did not have sufficient votes for approval Kathleen McIntyre, 14455 Fairway, Livonia, addressed Council to explain the ad hoc committee formed to bring the monument and park design to fruition for the Nehasil Park was an extensive project to be undertaken by the committee members, even with their respective areas of expertise Ms Mclntrye indicated she understood and respected that the entire project required governance and looked to Council for its support in order to prevent any delay of the project and the initial construction work. Following discussion by Council, a roll call vote was taken on the foregoing resolution with the following result: AYES Katzman, McCann, and Pastor NAYS Brosnan, Laura, Robinson, and Toy The President declared the motion failed On a motion by Robinson, seconded by Brosnan, it was #293-13 RESOLVED, that having considered a communication from the Mayor, dated August 29, 2013, regarding Nehasil Park and the Livonia Fallen Heroes Monument, the Council does hereby approve the Phase One Nehasil Park Design and Construction Plan as outlined in documents attached to said letter, with minor adjustments as needed, FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $410,749 38 from the Unexpended Fund Balance of the Community Recreation Fund for this purpose, with the understanding that the fund will be reimbursed by private donations and the $127,000 grant from Wayne County A roll call vote was taken on the foregoing resolution with the following result. AYES Brosnan, Kritzman, McCann, Laura, Robinson, and Toy NAYS Pastor The President declared the resolution adopted On a motion by Brosnan, seconded by Robinson, and unanimously adopted, it was Regular Meeting Minutes of September 9, 2013 38804 #294-13 RESOLVED, that having considered a communication from the Department of Law, dated August 12, 2013, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Wendy Richards, for a public utility easement in connection with the development of a sanitary sewer to be constructed along Wayne Road, for the property located in the Northwest 1/4 of Section 33, more particularly described as 12' Wide Public Easement for Sanitary Sewer The East 12 feet of Parcel 130-02-0009-002 (10289 Wayne Road, Livonia, MI 48150) Land in the City of Livonia, Wayne County, Michigan, being that part of the Northwest 1/4 of Section 33, Town 1 South, Range 9 East, and being described as follows The northern 82 feet of Lot 9 excluding the western 924 feet of the Maple Acres Subdivision, as recorded by the Wayne County Register in Liber 69 of Plats, Page 69 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 Brosnan, seconded by Pastor, and unanimously adopted, it was #295-13 RESOLVED, that having considered a communication from the Department of Law, dated August 21, 2013, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Magid Krikor on behalf of Krikor Holdings, LLC, for a public utility easement in connection with the development of a sanitary sewer extension project to be constructed underneath Wayne Road along with a portion along the west side, for the property located in the Northwest 1/4 of Section 33, -more particularly described as 12' Wide Public Easement for Sanitary Sewer The East 12 feet of Parcel 130-02-0009-003 (10255 Wayne Road, Livonia, MI 48150) Land in the City of Livonia, Wayne County, Michigan, being that part of the Northwest 1/4 of Section 33, Town 1 South, Range 9 East, and being described as follows The southern 83 feet of Lot 9 excluding the western 924 feet of the Maple Acres Subdivision, as recorded by the Wayne County Register in Liber 69 of Plats, Page 69 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 Regular Meeting Minutes of September 9, 2013 38805 all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Pastor, seconded by Robinson, it was #296-13 RESOLVED, that having considered a communication from the Department of Law, dated August 21, 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 Monette v City of Livonia, et al A roll call vote was taken on the foregoing resolution with the following result. AYES Brosnan, Kritzman, McCann, Laura, Pastor, Robinson, and Toy NAYS None The President declared the resolution adopted During Audience Communication, Christopher Martin, 11037 Hubbard, , addressed Council to again express his concern with Council rules for Audience Communication and stated he felt the rules should apply to all individuals, even elected Ir officials Robinson wished his wife, Julie, a Happy Anniversary and indicated they will celebrate their second wedding anniversary on Tuesday, September 10th On a motion by Pastor, seconded by Laura, and unanimously adopted, this 1,736th Regular Meeting of the Council of the City of Livonia was adjourned at 9 21 pm 6-}--- a PL- / - Terry . Marecki, City Clerk