HomeMy WebLinkAboutCOUNCIL MINUTES 2013-03-11 38583
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND TWENTY FOURTH
REGULAR MEETING OF MARCH 11, 2013
On March 11, 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 Vice President Pastor led the meeting with the Pledge of
Allegiance with the assistance of Boy Scout Troop #271 from St. Michael's of Livonia
and Troop #1382 from St. Priscilla's of Livonia
Roll was called with the following result: John Pastor, Thomas Robinson,
Maureen Miller Brosnan, Brandon Kritzman, James McCann, and Laura Toy Absent:
Joe Laura
Elected and appointed officials present: Mark Taormina, City Planner;
Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Terry Marecki, City
Clerk, Don Knapp, City Attorney; and Mayor Jack Kirksey
On a motion by Robinson, seconded by McCann, and unanimously
adopted, it was
#50-13 RESOLVED, that the Minutes of the 1,723rd Regular
Meeting of the Council held February 25, 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
Pastor extended Happy Birthday wishes to his sisters-in-law, Connie and
Sharon, and to his brother, Craig, as well
Katzman congratulated the City of Livonia for hosting another successful
Blood Drive for the American Red Cross Blood Drive at the Recreation Center earlier
in the day Kritzman stated the Blood Drive was a huge success and thanked all City
employees and residents who participated
Regular Meeting Minutes of March 11, 2013 38584
Brosnan thanked Girl Scout Troop #704 from Buchanan Elementary for
inviting her to speak at a recent meeting they hosted to work on a merit badge relative
to "Girl Power" Brosnan indicated there is a great need for great women in elected
political offices and it was an exciting talk shared with the Troop Brosnan also
congratulated her daughter, Marie, who marched in the Court of St. Brigid in the
Detroit St. Patrick's Day 55th Annual Parade on Sunday, March 10th Brosnan stated
her daughter was also awarded a monetary educational scholarship for her win on the
St. Brigid Court.
President Toy offered congratulations to Mayor Kirksey for his diligent
efforts in assisting Awrey Bakeries and all those who helped keep Awrey Bakeries
open President Toy stated it was a relief to all within the community and to others
throughout the State President Toy also announced she and her business partner,
Colleen, celebrated a 35th anniversary in their business, Cardwell Florist. President
Toy stated their business was recently recognized on Channel 4 WDIV news as the
number one florist shop in the metropolitan area which was a great honor and thanked
her business partner, her dedicated employees, and all members of the community
who patroage her business for their support.
President Toy announced a public hearing to be held on Monday, March
18, 2013, at 6 30 p m in the Auditorium of City Hall, 33000 Civic Center Drive,
Livonia, Michigan
To consider an amendment to the Brownfield Plan and Reimbursement
Agreement, for Livonia Marketplace, located on the Northwest corner of
Seven Mile and Middlebelt Roads, as submitted from Livonia Phoenix,
L.L.0 to the Brownfield Redevelopment Authority of the City of Livonia
During Audience Communication, newly elected State Representative
David Knezek, Jr , of the 11th District, was present to introduce himself to Council and
Livonia residents Mr Knezek indicated his District includes the cities of Garden City
and Inkster, together with parts of Dearborn Heights, Livonia and Westland Mr
Knezek indicated he has served our country as a Marine and did two tours of duty in
Iraq and is the youngest member of the Democratic caucus Mr Knezek stated he
wants to remain in Michigan and raise a family here and that is why he became
involved in politics while attending the University of Michigan-Dearborn Mr Knezek
welcomed any resident or Council questions and provided his personal cell number of
(313) 854-0161 Mr Knezek concluded by indicating he hosts monthly "Coffee Hours"
to provide updates to citizens the first Monday of each month at the Bigby Coffee
located on Middlebelt Road, just south of Joy from 10 00 a m to 11 30 a m
On a motion by Pastor, seconded by Kritzman, it was
#51-13 RESOLVED, that having considered a letter from 0 J
Lenze II, Grand Knight, Knights of Columbus, dated February 16, 2013,
requesting to designate March 22, 2013, through March 24, 2013, as
"Knights of Columbus Help People With Intellectual Disabilities Days" in
the City of Livonia, the Council does hereby take this means to
Regular Meeting Minutes of March 11, 2013 38585
designate March 22, 2013, through March 24, 2013, as "Knights Of
Columbus Help People With Intellectual Disabilities Days" in the City of
Livonia, said action to coincide with their annual Tootsie Roll Fund Drive
which takes place at area businesses
#52-13 WHEREAS, in 1872, J Sterling Morton proposed to the
Nebraska Board of Agriculture that a special day be set aside for the
planting of trees, and
WHEREAS, this holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska, and Arbor Day is now
observed throughout the nation and the world, and
WHEREAS, trees reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean
the air, produce oxygen and provide habitat for wildlife, and
WHEREAS, trees are a renewable resource giving up paper, wood for
our homes, fuel for our fires, and countless other wood products, and
WHEREAS, trees in our City increase property values, enhance the
economic vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and
spiritual renewal, and
iiih.
WHEREAS, Livonia has been recognized as a Tree City USA by The
National Arbor Day Foundation for the last fourteen years and desires to
continue its tree-planting practices
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members
of the City Council of the City of Livonia hereby proclaim Friday, April 26,
2013, as Arbor Day in the City of Livonia, and urge all citizens to
celebrate Arbor Day and to support efforts to protect our trees and
woodlands, and
FURTHER, we urge all citizens to plant trees to promote the well-being
of this and future generations, and we invite citizens to join in the
commemoration of Arbor Day planned by the Tree City Committee at
Roosevelt Elementary School at 1 30 p m on April 26, 2013
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor Rick Snyder, State Senator Glen Anderson, State
Representative John Walsh, State Representative David Knezek, the
Michigan Municipal League State and Federal Affairs Division, and the
Conference of Western Wayne
Regular Meeting Minutes of March 11, 2013 38586
#53-13 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February 9,
2013, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept
the following low bids which meet specifications for supplying the Public
Service Division (Road Maintenance Section) with aggregate materials
specified at the unit prices bid for the 2013 calendar year requirements
1 Ellsworth Industries, P O. Box 5366, Plymouth, MI 48170
MDOT —2NS — Natural Sand — D T Y $ 9 80 per ton
Ag-Lime — "Parks" — D T Y 15.25 per ton
2 Freeport Supply Co., 20091 Pennsylvania, Brownstown, MI 48193
MDOT - 21AA— Limestone — D T Y $ 10 20 per ton
MDOT —22A— DTY 850 per ton
WCDPS —22X— DTY 690 per ton
60-40 Washed — Conc Aggregates — D T Y 11 50 per ton
Pea Gravel — DTY 12 25 per ton
1" to 3" Crushed Concrete — D T Y 8 25 per ton
MDOT —6A Natural Stone — D T Y 11 00 per ton
36" Boulders — D T Y 48 00 per ton
8" — 16" Limestone — D T Y 20 49 per ton
3 Hayball Transport, Inc., 12550 Farmington, Livonia, MI 48150
MDOT — Classl — DTY $ 10 60 per ton
M D O T— Class lI — DTY 5 85 per ton
M D 0 T — 2MS — Mortar Sand D T Y 9 10 per ton
FURTHER, in the event the aforesaid low bidders are unable to furnish
the materials, the Council does hereby accept the following second
lowest bids, which also meet specifications, as alternates for supplying
the Public Service Division (Road Maintenance Section) with the
materials specified at the unit prices bid for the 2013 calendar year
requirements
1 Ellsworth Industries, P.O Box 5366, Plymouth, MI 48170
MDOT —21AA— Limestone — DTY $ 10 74 per ton
MDOT —22A— Mortar Sand - DTY 874 per ton
MDOT — Classl) - DTY 598 per ton
2 Freeport Supply Co , 20091 Pennsylvania, Brownstown, MI 48193
W C D P S — 30A (Blast Furnace Slag) — DTY $ 13 50 per ton
MDOT — Class I — DTY 11 50 per ton
Regular Meeting Minutes of March 11, 2013 38587
3 Hayball Transport, Inc , 12550 Farmington, Livonia, MI 48150
W C D P S —22X— DTY $ 7 05 per ton
M DOT —2NS — Natural Sand — DTY 9 83 per ton
Pea Gravel — DTY 13 33 per ton
1" to 3" Crushed Concrete— D T Y 8 60 per ton
M D O T —6A— Natural Stone— DTY 11 83 per ton
8" — 16" Limestone - D T Y 20 50 per ton
4 North Star Ranch, 3575 W. Grand River, Howell, MI 48855
60-40 Washed — Conc Aggregates — D T Y $ 12 50 per ton
36" Boulders — D T Y 55 00 per ton
5 Target Trucking LLC, 2149 Fyke Drive, Milford, MI 48381
M D O T —2MS — Mortar Sand — D T Y $ 9 83 per ton
FURTHER, the Council does hereby authorize the expenditure of funds
already budgeted from Account No 101-463-782-000 (Roads
Maintenance Section) for this purpose
#54-13 RESOLVED, that having considered a communication from
the City Engineer, dated February 1, 2013, which bears the signature of
the Director of Finance, the Director of Public Works and the City
Attorney, and is approved for submission by the Mayor, concerning the
inclusion in the Local Street System, for Act 51 revenue computation
purposes, of the following street:
Curtis Court (Starting and ending at eastbound Curtis Road)
(Additional)
Length 305 77 ft.
Termini Eastbound Curtis Road
Curtis Court (60' R 0 W ) The centerline legal
description for Curtis Court, a 60 foot wide public
Right-of-Way, being part of Curtis Creek Site
Condominiums, part the S E '/ of Section 11, T1 S,
R9E, City of Livonia, Wayne County, Michigan,
described as beginning at a point distant
N89°56'51"W, 1,416 95 feet, and S00°00'00"W,
43 0 feet from the east 1/ corner of Section 11 to
the point of beginning, thence S00°00'00"W, 78.24
feet, thence S34°32'25"E, 54 12 feet, thence 84 18
feet along a curve to the right (radius 38 39 feet,
central angle 125°38'04", chord bears S27°10'58"W,
68 3 feet), thence S90°00'00"W 49 5 feet, thence
Regular Meeting Minutes of March 11, 2013 38588
S74°35'31''W, 39 73 feet to the point of ending
Having a total length of 305 77 feet
Location S E V4 of Section 11
the Council does hereby authorize the City Engineer, acting as the
Street Administrator, to apply to the Michigan Department of
Transportation for the inclusion of said street in the City's Local Street
System for purposes of computing the City's share of Act 51 revenues,
AND BE IT FURTHER RESOLVED THAT the said street is an approved
public street and is open for public purposes, and FURTHER, that said
street is accepted into the City's Local Street System and is located
within a right-of-way under the control of the City of Livonia, and that
said street was open to the public as of December 31, 2012
#55-13 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 15, 2013, which
bears the signature of Director of Finance, is approved by the Director of
Public Works and approved for submission by the Mayor, regarding an
additional appropriation and expenditure for additional work required in
connection with the 2012 Water Main Improvement Project, Contract 12-
M, previously authorized in Council Resolution 362-12, adopted on
August 29, 2012, the Council does hereby appropriate and authorize the
expenditure of the additional amount of $125,000 00 from Account No
592-158-000 (Construction In Progress) to be paid to Lawrence M
Clark, Inc , 50850 Bemis Road, Belleville, Michigan 48111, FURTHER,
the Council does hereby appropriate and authorize the expenditure of
$1,500 00 from Account No 101-441-818-005 to be paid to Northwest
Consultants, Inc , 6215 Canton Center Road, Suite 301, Canton,
Michigan 48187, for construction staking, and the City Engineer is
hereby authorized to approve minor adjustments in the work as it
becomes necessary
#56-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 31, 2013, which transmits
its resolution 01-03-2013, adopted on January 29, 2013, with regard to
Petition No 2013-01-08-01, submitted by John Del Signore, requesting
site plan approval in connection with a proposal to construct an addition
to the existing banquet hall (Laurel Manor), located on the north side of
Schoolcraft Road between 1-96 Expressway and Eckles Road (39000
Schoolcraft Road) in the Southwest 1/4 of Section 19, pursuant to the
provisions set forth in Section 18 58 of Ordinance No 543, as amended,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 2013-01-08-01 is hereby approved and
granted, subject to the following conditions
Regular Meeting Minutes of March 11, 2013 38589
1 That the Plan marked A-1 dated November 30, 2012, as revised,
prepared by Donald A. DiComo, Architect, is hereby approved
and shall be adhered to,
2. That the Elevations Plan marked A-4 dated November 30, 2012,
as revised, prepared by Donald A. DiComo, Architect, is hereby
approved and shall be adhered to,
3 That the specific plans referenced in this approved resolution
shall be submitted to the Inspection Department at the time the
building permits are applied for; and
4 Pursuant to Section 19 10 of Ordinance No 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 resolutions with the following result:
AYES Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy
NAYS None
A communication from Nicholas M Shango, dated March 5, 2013, re
requesting proposal to redevelop the Nicholas Plaza shopping center at 13820-13840
Merriman Road and 31281 Schoolcraft Road be postponed until Council Regular
meeting of March 27, 2013, was received and placed on file for the information of the
Council (Petition 2012-06-08-05)
At the direction of the Chair, Agenda Item #7 regarding the proposal to
redevelop the Nicholas Plaza shopping center was moved to the next Regular Meeting
of Council to be held March 27, 2013 (Petition 2012-06-08-05)
A communication from the Department of Law, dated January 15, 2013,
re analysis of proposed TriStar Agreements with regard to the subject matter of
Livonia Tomorrow, was received and placed on file for the information of the Council
(CR 302-12)
Regular Meeting Minutes of March 11, 2013 38590
A communication from TriStar, dated February 19, 2013, entitled "TriStar
Cell Tower Opportunity" with regard to the subject matter of Livonia Tomorrow, was
received and placed on file for the information of the Council (CR 302-12)
A communication from Unison entitled "Converting Wireless Leases into
Lasting Value", received at the Finance, Budget and Technology Committee meeting
of February 19, 2013, with regard to the subject matter of Livonia Tomorrow, 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
#57-13 RESOLVED, that having considered the report and
recommendation of the Finance, Budget and Technology Committee,
dated February 19, 2013, submitted pursuant to Council Resolution No
302-12, regarding the subject of Livonia Tomorrow — Funding, the
Council does hereby request that the Administration draft a Request for
Proposals for the Rotary Park Cellular Tower Lease, expiring in 2014,
and that such Request for Proposals be forwarded to the Committee for
its review within 30 days prior to final submission
On a motion by Robinson, seconded by Brosnan, and unanimously
adopted, it was
#58-13 RESOLVED, that having considered the report and
recommendation of the Finance, Budget and Technology Committee,
dated February 19, 2013, submitted pursuant to Council Resolution No
302-12, regarding the subject of Livonia Tomorrow — Funding, the
Council does hereby request that the Administration provide copies of all
existing cellular tower lease agreements to the Committee for further
discussion
An email communication from Joe Neussendorfer, dated February 21,
2013, containing an article entitled "To Tackle Runoff, Cities Turn to Green Initiatives"
reported in the "Yale Environment 360" publication of January 24, 2013, was received
and placed on file for the information of the Council (CR 13-12)
Regular Meeting Minutes of March 11, 2013 38591
A communication from the Engineering Department, presented at the
Infrastructure and Community Transit Committee meeting of February 20, 2013,
including the letter from MDEQ dated February 23, 2012, was received and placed on
file for the information of the Council (CR 13-12)
On a motion by Brosnan, seconded by McCann, and unanimously
adopted, it was
#59-13 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Committee, dated February 20, 2013, submitted pursuant to Council
Resolution No 13-12, regarding the subject of flood prevention and the
related Ordinance, the Council does hereby determine to take no further
action with respect to this matter
A communication from Orchard, Hiltz & McCliment, Inc , dated January
29, 2013, re FY 2012 State Revolving Fund (SRF) Project No 5543-01 with regard to
the Sanitary Sewer Master Plan, was received and placed on file for the information
(CR 51-11)
Brosnan provided a verbal update on the subject of the FY 2012 State
Revolving Fund (SRF) Project Plan and Sanitary Sewer Master Plan and indicated the
subject will remain in the Infrastructure and Community Transit Committee at this time
(CR 51-11)
Pastor gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTION 120 TO TITLE 9, CHAPTER 30
(NARCOTIC AND DANGEROUS SUBSTANCES) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
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
Regular Meeting Minutes of March 11, 2013 38592
Robinson took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 18 42A OF ARTICLE XVIII OF
eiro ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" (Petition 2012-11-06-11)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#60-13 RESOLVED, that having considered a communication from
Dean DeVonce, dated February 7, 2013, and the report and
recommendation of the City Engineer, dated February 21, 2013,
approved for submission by the Mayor, requesting a waiver of the
sidewalk requirement in front of the new construction located at 9026
Hartel, 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 neighboring area, FURTHER,
the Council does hereby reserve the right to require sidewalks at this
location in the future
A communication from the Engineering Division, dated March 1, 2013,
re proposed sidewalk extension on Ann Arbor Trail from Dowling Avenue to Rosedale
Elementary and prepared Special Assessment report for same, was received and
placed on file for the information of the Council (CR 470-12)
An email communication from Bryan Garchar, dated March 11, 2013, re
proposed sidewalk extension on Ann Arbor Trail from Dowling Avenue to Rosedale
Regular Meeting Minutes of March 11, 2013 38593
Elementary, was received and placed on file for the information of the Council (CR
470-12)
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was
#61-13 RESOLVED, that the Council having considered a
communication from the City Engineer, dated March 1, 2013, which
bears the signature of the Director of Public Works and the Finance
Director, is approved for submission by the Mayor, wherein the City
Engineer has ascertained the assessed valuation of all property affected
by the proposed installation of missing sidewalk on the south side of Ann
Arbor Trail from Rosedale School heading east to Dowling Avenue in
Section 32, City of Livonia, Wayne County, Michigan, and such report
having indicated the number of parcels which show tax delinquencies,
the number of parcels owned by public authorities, the number of parcels
which are vacant, and having prepared and caused to be prepared plans
and specifications therefore and an estimate for the cost thereof, and to
file the same with the City Clerk together with his recommendation as to
what proportion of the cost should be paid by single lot assessment and
what part, if any, should be a general obligation of the City, the number
of installments in which assessments may be paid and the lands which
should be included, and it appearing to the Council that all of such
information, estimate, plans, specifications and recommendations have
been properly filed by the City Engineer under date of March 1, 2013,
and that there has been a full compliance with all of the provisions of
Section 3 08 060 and Section 3 08 150 of the Livonia Code of
Ordinances, as amended, the Council does hereby set Monday, April 15,
2013, at 7 00 p m as the date and time for a public hearing on the
necessity for such proposed improvement, which public hearing shall be
held before the Council in the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan, pursuant to Section 3 08 150B of said Livonia
Code of Ordinances, as amended, and the City Clerk is hereby
authorized to give notice and publication of such hearing as is required
by Section 3 08 150B of said Code
A communication from the Department of Law, dated March 8, 2013, re
to provide clarification as to what type of merchandise will be displayed in the outdoor
display area of the property located on the north side of Plymouth Road between
Merriman Road and Sears Drive (30650 Plymouth Road), was received and placed on
file for the information of the Council (Petition 2012-12-02-30)
Regular Meeting Minutes of March 11, 2013 38594
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#62-13 RESOLVED, that having considered a communication from
a"' the City Planning Commission, dated January 31, 2013, which transmits
its resolution 01-01-2013, adopted on January 29, 2013, with regard to
Petition No 2012-12-02-30 submitted by Allstate Billiards & Spas
requesting waiver use approval to expand the outdoor display area on
property located on the north side of Plymouth Road between Merriman
Road and Sears Drive (30650 Plymouth Road) in the Southwest '/ of
Section 26, which property is zoned C-2 and M-1, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 2012-12-02-30 is hereby approved and granted, subject to the
following conditions
1 That the outdoor display of merchandise shall be confined to the
area designated for that purpose and conducted in accordance
with the layout as shown on the plans submitted by Allstate
Billiards & Spas dated December 28, 2012,
2 That the outdoor display of merchandise shall be conducted in an
orderly manner, and all landscape features and materials installed
in the outdoor display area shall be properly maintained,
3 That the entire display area shall be enclosed by a six foot (6')
high decorative black metal fence, similar in design to the
enclosure gate that currently extends across the front of the
existing display area,
4 That the outdoor display of merchandise shall be limited to pools,
outdoor furniture and other patio furniture,
5 That the issues as outlined in the correspondence dated January
25, 2013, from the Assistant Director of Inspection shall be
resolved to the satisfaction of the Inspection Department;
6 That the outdoor display of merchandise shall be permitted year
round, provided that an extension of the time period as specified
in Section 11 03(L)(1) of the Zoning Ordinance is granted by the
City Council by means of a separate resolution in which two-thirds
of the members of the City Council concur;
7 Should the petitioner discontinue the use of this area for outdoor
display for a period of six months, the area shall be restored back
to its pre-existing condition, which includes removal of the fence
and repairs to the parking lot, including striping, to the satisfaction
of the Planning Department and Inspection Department;
Regular Meeting Minutes of March 11, 2013 38595
8 Approval is contingent upon payment by March 26, 2013, of any
outstanding water and sewer charges, real and personal property
taxes, false alarm fees, inspection fees, and any other
outstanding receivables, including any and all penalties, interest
and late charges due and owing to the City of Livonia,
9 That a fully detailed landscape plan shall be submitted for
approval of the Planning Department within sixty (60) days
following approval of this petition by the City Council, and
10 That the plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time of application
for the Zoning Compliance Permit.
On a motion by Pastor, seconded by McCann, it was
#63-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 31, 2013, which transmits
its resolution 01-01-2013, adopted on January 29, 2013, with regard to
Petition No 2012-12-02-30 submitted by Allstate Billiards & Spas
requesting waiver use approval to expand the outdoor display area on
property located on the north side of Plymouth Road between Merriman
Road and Sears Drive (30650 Plymouth Road) in the Southwest 1/4 of
Section 26, which property is zoned C-2 and M-1, the Council does
hereby waive Section 11 03(L)(1) of Zoning Ordinance No 543, as
amended, in connection with the approval of waiver use Petition 2012-
12-02-30, and the outdoor display of merchandise year round shall be
permitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy
NAYS None
The President declared the resolution adopted
On a motion by Robinson, seconded by Katzman, and unanimously
adopted, it was
#64-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 31, 2013, which transmits
its resolution 01-02-2013, adopted on January 29, 2013, with regard to
Petition No 2013-01-02-01, submitted by Joseph R Carlton, Jr ,
requesting waiver use approval to operate a limited service restaurant
(Carlton's Coffee House) within the Burton Hollow Shopping Center,
located on the east side of Farmington Road between Six Mile Road and
Regular Meeting Minutes of March 11, 2013 38596
Curtis Avenue (17162 Farmington Road) in the Southwest 1/4 of Section
10, which property is zoned C-1, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2013-01-02-
01 is hereby approved and granted, subject to the following conditions
1 That the maximum customer seating count for this restaurant
shall not exceed 30 seats,
2 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals, and
3 That no LED lightband or exposed neon shall be permitted on the
site including, but not limited to, the building or around the
windows
On a motion by Brosnan, seconded by Pastor, and unanimously
adopted, it was
#65-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 4, 2013, which transmits
its resolution 01-04-2013 adopted on January 29, 2013, with regard to
Petition 2013-01-08-02 submitted by DeFlorio Homes, Inc , requesting
approval of the Master Deed, Bylaws and Site Plan in connection with a
proposal to construct a single family condominium subdivision (Dinallo
Estates) on property located on the south side of Ann Arbor Trail
between Newburgh Road and Levan Road (36905 Ann Arbor Trail) in
the Northwest 1/4 of Section 32, pursuant to the provisions set forth in
Section 18 62 of Ordinance No 543, as amended, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 2013-01-08-02 is hereby approved and granted, subject to the
following conditions
1 That the Master Deed and Bylaws comply with the requirements
of the Subdivision Control Ordinance, Title 16, Chapter 16 04-
16 40 of the Livonia Code of Ordinance, and Article XX, Section
20 01-20 06 of Zoning Ordinance No 543, except for the fact the
following shall be incorporated
That the first floor of each condominium unit shall be brick
or stone, on all four (4) sides, and the total amount of brick
or stone on each two-story unit shall not be less than 65%
and not less than 80% on one-story dwellings,
2 That the brick used in the construction of each condominium unit
shall be full face four inch (4") brick,
Regular Meeting Minutes of March 11, 2013 38597
3 That sidewalks shall be installed throughout the development to
the satisfaction of the Engineering Division, and that street lamps
may be substituted in lieu of streetlights with the approval of the
Engineering Division and City Council, if necessary
4 In the event of a conflict between the provisions set forth in the
Master Deed and Bylaws and the requirements set forth in the
City of Livonia Zoning Ordinance No 543, as amended, the
Zoning Ordinance requirements shall prevail and petitioner shall
comply with the Zoning Ordinance requirements,
5 That the petitioner shall include language in the Master Deed and
Bylaws or a separate recordable instrument wherein the
condominium association shall reimburse the City of Livonia for
any maintenance or repair costs incurred for the storm water
detention/retention and outlet facilities, and giving the City of
Livonia the right to impose liens on each lot owner's property
prorata and place said charges on their real estate tax bills in the
event said charges are not paid by the condominium association
(or each lot owner) within thirty (30) days of billing for the City of
Livonia,
6 That the Site Plan submitted by DeFlorio Homes, Inc. on January
10, 2013, is hereby approved and shall be adhered to,
7 That any substantive revisions to the previously approved
Landscape Plan (dated January 12, 2009, prepared by South Hill
Construction Co ) for the detention area, cul-de-sac island and the
street frontage along Ann Arbor Trail shall be submitted to the
Planning Commission and City Council for their review and
approval,
8 That to the extent that there is a requirement that a wall be
constructed where this site abuts the non-residential property, a
greenbelt may be substituted for the wall, and that any change of
circumstances in the area containing the greenbelt resulting in a
diminution of the greenbelt's effectiveness as a protective barrier,
the owner of the property shall be required to submit such
changes to the Planning Commission for their review and
approval or immediately construct the protective wall pursuant to
Section 18 45,
9 That only a conforming entrance marker is approved with this
petition, and any additional signage shall be separately submitted
for review and approval by the Zoning Board of Appeals,
Regular Meeting Minutes of March 11, 2013 38598
10 That the issues as outlined in the correspondence dated January
21, 2013, from the City Engineer shall be resolved to the
satisfaction of the Engineering Division,
11 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
12 That the Developer shall submit for approval an ongoing mosquito
control program, as approved by the Department of Public Works,
describing maintenance operations and larvicide applications to
the City of Livonia Inspection Department prior to the construction
of the storm water retention facility;
13 That the Site Plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for;
14 That all required cash deposits, certified checks, irrevocable bank
letters of credit and/or surety bonds which shall be established by
the City Engineer pursuant to Article XVIII of Ordinance No 543,
Section 18 66 of the Ordinance, shall be deposited with the City
prior to the issuance of engineering permits for this site
condominium development; and
15 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this conditional use approval is
valid for a period of one year only from the date of approval, and
unless a building permit is obtained, this approval shall be null
and void at the expiration of said period
On a motion by Brosnan, seconded by McCann, it was
#66-13 RESOLVED, that having considered a request from
Councilmember Maureen Miller Brosnan, the Council does hereby refer
the subject of establishing a sidewalk waiver fund to offset the cost of
future sidewalk connectivity issues to the Infrastructure and Community
Transit Committee for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Brosnan, Kritzman, McCann, and Toy
NAYS Pastor
The President declared the resolution adopted
Brosnan gave first reading to the following Ordinance
Regular Meeting Minutes of March 11, 2013 38599
AN ORDINANCE AMENDING SECTION 202 OF TITLE 3, CHAPTER 16
(PLYMOUTH ROAD DEVELOPMENT AUTHORITY) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
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 Brosnan, and unanimously
adopted, it was
#67-13 RESOLVED, that having considered a communication from
the Department of Law, dated February 15, 2013, approved for
submission by the Mayor, transmitting for Council acceptance a Grant of
Easement executed by Infinity Acquisitions, LLC, for a variable width
public utility easement in connection with the development of Curtis
Creek Site Condominiums, for the property located in the Southeast 1/4 of
Section 11, more particularly described as
(New Sidewalk and Public Utility Easement)
A variable width sidewalk and public utility easement through Curtis
Creek Site Condominiums, Wayne County Condominium Subdivision
Plan No 722, a part of the Southeast 1/4 of Section 11, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan, more
particularly described as commencing at the east 1/4 corner of said
Section 11, thence N 89°58'27" W 1,252 90 feet along the east and west
% line of Section 11, thence N 00°12'57" E 43 00 feet to the south right-
of-way line of Curtis Road, thence N 89°58'27" W 126 86 feet along the
south right-of-way line of Curtis Road to the point of beginning, thence S
00°04'42" E 65 68 feet; thence S 34°48'30" E 41 62 feet; thence
southwesterly 170 98 feet along the arc of a 78 50 foot radius curve to
the right, the chord of which bears S 27°35'04" W 139 13 feet; thence S
89°58'36" W 28 89 feet; thence northwesterly 319 75 feet along the arc
of a 65 00 foot radius non-tangent curve to the right, the chord of which
bears N 12°31'06" W 81 94 feet; thence N 89°58'36" E 43 76 feet;
thence N 34°48'30" W 63 78 feet; thence N 00°04'42" W 90 85 feet to
the south right-of-way line of Curtis Road, thence S 89°58'27" E 10 00
feet along the south right-of-way line of Curtis Road, thence S 00°04'42"
E 87 70 feet; thence S 34°48'30" E 63 52 feet; thence southwesterly
18 51 feet along the arc of a 8 50 foot radius curve to the right, the chord
of which bears S 27°35'03" W 15 06 feet; thence S 89°58'36" W 58 30
feet; thence southeasterly 246 65 feet along the arc of a 50 00 foot
Regular Meeting Minutes of January 14, 2013 38554
Street to Rosedale Elementary School, was received and placed on file for the
information of the Council
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was
#12-13 RESOLVED, that having considered a report and
recommendation from the City Engineer, dated December 7, 2012,
which bears the signature of the Director of Public Works and the
Finance Director and is approved for submission by the Mayor,
submitted pursuant to Council Resolution 470-12 regarding the subject
of a request for a sidewalk extension on the south side of Ann Arbor Trail
from Dowling Street to Rosedale Elementary School, submitted by Bryan
Garchar, and before determining to install such proposed improvement,
the cost of which is to be defrayed by special assessment, the Council
does hereby refer the issue of whether more sidewalks are needed in
the area along the south side of Ann Arbor Trail from Dowling Street to
Rosedale Elementary School, whether there have been police incidents
in the area, and additional funding that may be available through the
"Safe Routes to Schools" program or other additional State or Federal
funding, to the Administration for its report and recommendation
On a motion by McCann, seconded by Kritzman, and unanimously
adopted, it was
#13-13 RESOLVED, that having considered a communication from
the Interim Superintendent of Parks and Recreation, dated January 4,
2013, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does, for and on
behalf of the City of Livonia, accept various gifts and cash donations
from the sources indicated therein, FURTHER, the Council does hereby
appropriate and credit the amounts of $2,350 00 to Account No 208-
000-690-010 and $8,807 73 to Account No 702-285-125 for the
purposes as designated by the donors
On a motion by Pastor, seconded by McCann, it was
#14-13 RESOLVED, that having considered a communication from
the Department of Law, dated December 19, 2012, 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 thepurposes of discussing litigation matters and
attorney/client privileged communications in connection with pending
litigation, Northridge Laurel, LLC v City of Livonia
Regular Meeting Minutes of January 14, 2013 38555
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Robinson, Brosnan, Katzman, McCann, and Toy
NAYS None
The President declared the resolution adopted
On a motion by McCann, seconded by Robinson, and unanimously
adopted, it was
#15-13 RESOLVED, that having considered a communication from
the Department of Law, dated December 20, 2012, approved for
submission by the Mayor, transmitting for Council acceptance a Grant of
Easement executed by RDG — Livonia, L.L.0 , in connection with the
development of a water main constructed at the Victor Park Place
Condominium, Unit 1, on Victor Parkway, between Seven Mile Road and
Eight Mile Road for the property located in the Southeast 1/4 of Section 6,
more particularly described as
(New 12-foot Wide Water Main Easement)
A 12 foot wide easement for the construction and maintenance of a
water main over part of the Southeast IA of Section 6, Township 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan, the centerline of
said easement being more particularly described as Commencing at
the South 1/4 Corner of said Section 6, thence along the South line of
said Section 6, N88°03'03"E, 791 00 feet; thence N01°56'57"W, 100 00
feet to the East right-of-way line of 1-275 and the North right-of-way line
of Seven Mile Road, thence along the East right-of-way line of 1-275 the
following eight (8) courses N46°56'57"W, 176 78 feet and N01°56'57"W,
182 04 feet and N28°18'53"W, 214 18 feet and N54°41'00"W, 521.20
feet and N45°10'07"W, 245 79 feet and N26°08'28"W, 245 79 feet and
N16°35'10"W, 369 12 feet and 225 69 feet along the arc of a 5,963 58'
curve to the left having a chord that bears N19°02'26"W, 225 68 feet;
thence N87°31'43"E, 685 97 feet to a point on the Westerly right-of-way
line of Victor Parkway (60 feet wide), thence along said westerly line,
53 85 feet along the arc of a 550 00' radius curve to the left having a
chord that bears S08°00'50"E, 53 83 feet to the Point of Beginning,
thence S79°03'53"W, 40 35 feet; thence N55°56'07"W, 18 62 feet;
thence S87°31'43"W, 50711 feet; thence NO2°28'17"W, 11 50 feet;
thence S02°28'17"E, 11 50 feet; thence S87°31'43"W, 20 75 feet; thence
S42°31'43"W, 28 28 feet; thence S02°28'17"E, 95 97 feet; thence
S17°24'10"E, 93 77 feet to the south line of Unit 1, thence N17°24'10"W,
21 76 feet; thence N72°35'50"E, 27 09 feet; thence N87°31'43"E, 163 90
feet to a Point of Branching, thence continuing N87°31'43"E, 395 74
feet; thence N52°46'18"E, 49 52 feet to the aforementioned Westerly
Regular Meeting Minutes of January 14, 2013 38556
right-of-way line of Victor Parkway and a Point of Ending, thence
continuing from the Point of Branching NO2°28'17"W, 38 00 feet; thence
N87°31'43"E, 22 00 feet; thence S87°31'43"W, 22.00 feet; thence
NO2°28'17"W, 100 00 feet; thence N87°31'43"E, 22 00 feet; thence
S87°31'43'W, 22 00 feet; thence NO2°28"17"W, 40 56 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 Pastor, seconded by Kritzman, and unanimously
adopted, it was
#16-13 RESOLVED, that having considered a communication from
the Department of Law, dated January 2, 2013, approved for submission
by the Mayor, transmitting for Council acceptance a Grant of Easement
executed by Kohl's Michigan, L.P , in connection with the development
of a water main constructed at the Kohl's at Livonia Marketplace for the
property located in the Southeast '/4 of Section 2, more particularly
described as
tim• (New 20-foot Wide Water Main Easement)
A 20 foot wide easement for the installation and maintenance of a water
main, whose centerline is more particularly described as. Commencing
at the Southeast corner of Section 2, Town 1 South, Range 9 East, City
of Livonia, Wayne County, Michigan, thence N 89°52'30"W, 706 33 feet
along the south line of said section also being the centerline of Seven
Mile Road (120 0 feet wide), thence NORTH, 60 00 feet to the north line
of said Seven Mile Road, thence N89°52'30"W, 910 0 feet along said
north line, thence N00°06'44" E, 345 89 feet; thence N18°19'41"W, 31 48
feet; thence N00°06'26"E, 592 76 feet; thence N89°58'28"W, 236 00 feet;
thence NORTH 179 40 feet; thence EAST 148.20 feet; thence NORTH
277 33 feet; thence N39°29'09"E, 97 50 feet; thence NORTH 63 73 feet
to the South line of St. Martins Avenue (60 00 feet wide), thence along
said South line S89°52'26"E, 215 75 feet; thence SOUTH 176 06 feet;
thence EAST 72 96 feet; thence SOUTH 24 60 feet; thence WEST
112 56 feet along the south line of an unrecorded water main easement
by others and the easterly extension thereof; thence NORTH 15 04 feet
along the west line of said unrecorded easement to the centerline of-the
proposed 20 foot wide water main easement and the Point of Beginning,
thence along said centerline WEST 125 93 feet; thence continuing along
said centerline NORTH 39 89 feet to the Point of Ending,
Regular Meeting Minutes of January 14, 2013 38557
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 Pastor, seconded by Kritzman, and unanimously
adopted, it was
#17-13 RESOLVED, that having considered a communication from
the Department of Law, dated January 2, 2013, approved for submission
by the Mayor, transmitting for Council acceptance a Grant of Easement
executed by Kohl's Michigan, L.P , in connection with the re-located
Livonia Drain No 16 at the Kohl's at Livonia Marketplace for the property
located in the Southeast IA of Section 2, more particularly described as
(40' wide Easement for the Re-Located Livonia Drain No 16)
A 40' wide easement for Livonia Drain No 16 over part of Lots 497 and
498 of Supervisor's Livonia Plat No 6 as recorded in Liber 66 on Page
59, Wayne County Records, and also over land in the Southeast 1/4 of
Section 2, Town 1 South, Range 9 East, City of Livonia, Wayne County,
Michigan, the centerline of said easement being more particularly
described as Commencing at the Southeast corner of Section 2, Town
1 South, Range 9 East, City of Livonia, Wayne County, Michigan, thence
N89°52'30"W, 706 33 feet along the south line of said section also being
the centerline of Seven Mile Road (120 00 feet wide), thence NORTH,
60 00 feet to the north line of said Seven Mile Road, thence
N89°52'30"W, 910 00 feet along said north line, thence N00°06'44"E,
345 89 feet; thence N 18°19'41"W, 31 48 feet; thence N00°06'26"E,
592 76 feet; thence N89°58'28"W, 236 00 feet; thence NORTH, 179 40
feet; thence EAST 148 20 feet; thence NORTH 277 33 feet; thence
N39°29'09"E, 97 50 feet; thence NORTH 63 73 feet to the south line of
St. Martins Ave (60 feet wide), thence along said south line
S89°52'26"E, 20 12 feet to the Point of Beginning, thence S06°12'25"E,
142 41 feet; thence S44°47'35"W, 100 04 feet; thence SOUTH 272 65
feet; thence S44°47'35"E, 97 63 feet; thence S25°58'34"E, 17 08 feet to
the Point of Ending, said point lying in the center of an existing variable
width drain easement recorded in Liber 15298 on Page 133, Wayne
County Records
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
Regular Meeting Minutes of January 14, 2013 38558
At 7 34 p m , Councilman Robinson stepped down from the podium to avoid a
perceived conflict of interest.
On a motion by Pastor, seconded by Brosnan, it was
#18-13 RESOLVED, that having considered a letter from Angelo
Mauti, dated December 7, 2012, requesting a waiver of the sidewalk
requirement in front of 18935 Laurel in the Northwest 1/4 of Section 9,
and having further considered the report and recommendation of the City
Engineer, dated December 12, 2012, 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 neighboring 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 Pastor, Brosnan, Kritzman, McCann, and Toy
NAYS None
The President declared the resolution adopted
At 7 35 p m , Councilman Robinson returned to the podium
There was no Audience Communication at the end of the meeting
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, this 1,720th Regular Meeting of the Council of the City of Livonia was
adjourned at 7 36 p m
' ' / �� 1 �� k
Terry A Marecki, City Clerk