HomeMy WebLinkAboutCOUNCIL MINUTES 2011-07-18 37949
MINUTES OF THE ONE THOUSAND SIX HUNDRED EIGHTY FIFTH
REGULAR MEETING OF JULY 18, 2011
On July 18, 2011, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan and was called to order by the President of the
Council at 8 00 p m Vice President Laura led the meeting with the Pledge of
Allegiance
Roll was called with the following result: Joe Laura, Laura Toy,
Maureen Miller Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, and James
McCann Absent: None
Elected and appointed officials present: Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Cathryn
White, Chief Assistant City Attorney; Terry Marecki, City Clerk; Joan Gebhardt,
Wayne County Commissioner; William LaPine, former City Planning Commissioner;
Terry Moran, former Zoning Board of Appeals member; Ken Harb, former Zoning
Board of Appeals member; and Mayor Jack Kirksey
On a motion by Toy, seconded by Schwartz, and unanimously
adopted, it was
#212-11 RESOLVED, that the Minutes of the 1,684th Regular
Meeting of the Council held July 6, 2011, are hereby approved as
submitted
Pastor wished a Happy Birthday to his son, Ryan, who he indicated will
celebrate his 23rd birthday on Saturday, July 23, 2011 Pastor introduced Ken Harb
and recognized Mr Harb for his years of service on the Zoning Board of Appeals
and presented Mr Harb with a nroclamation on behalf of the Mayor and City Council
and thanked him for his dedicated service to the community
Meakin introduced Terry Moran and indicated Mr Moran served for six
years on the Zoning Board of Appeals and presented him with a proclamation on
behalf of the Mayor and City Council and thanked him for his dedicated service to
the community Mr Moran thanked Council and Mayor Kirksey for the proclamation
Regular Meeting Minutes of July 18, 2011 37950
and acknowledged, thanked and recognized all the City employees for their hard
work and assistance to him during his time on the Zoning Board of Appeals
Schwartz announced his daughter Lisa gave birth to a healthy baby girl
last Thursday who weighed in at 6 pounds and 2 ounces and has been named
Lilliana Lang Schwartz congratulated his daughter Lisa and son-in-law Steve on the
birth of their daughter
Mayor Kirksey addressed Council and indicated it was a personal
privilege to recognize his wife, Patt Kirksey, in honor of their 58th wedding
anniversary today Mayor Kirksey also wished his daughter, Amy, a Happy Birthday
Mayor Kirksey concluded by stating he was lucky to be married to such a wonderful
woman
At the direction of the Chair, Agenda Item #25 was removed from the
Agenda at the request of the applicant and will be taken up at an upcoming Regular
meeting
There was no Audience Communication at the beginning of the
meeting
On a motion by Pastor, seconded by Schwartz, it was
#213-11 RESOLVED, that having considered an application from
Cindy Capen, 9350 Marie, dated June 30, 2011, requesting permission
to close Marie between Knolson and Minton, including Marie Court, on
Saturday, August 13, 2011, from 4 00 p m to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the
said affair on Saturday, August 20, 2011, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#214-11 RESOLVED, that having considered an application from
Tavia Burgess, 35259 Leon, dated June 30, 2011, requesting
permission to close Leon between Parkdale and Yale on Saturday,
August 20, 2011, from 2 00 p m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, August 21, 2011, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#215-11 RESOLVED, that having considered a letter from Joe
and Heather Swingle, received in the Office of the City Clerk on July 8,
2011, which requests permission to waive Section 8 32 070 (Noise
Control) of the Livonia Code of Ordinances, as amended, in connection
with their 4th annual gathering of friends and family to be held on
Regular Meeting Minutes of July 18, 2011 37951
Saturday, August 6, 2011, at 12332 Camden, to allow the playing of
live, outdoor music, the Council does hereby determine to waive
Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances
between the hours of 5 00 p m and 11 00 p m in connection with this
event to be held on Saturday, August 6, 2011
#216-11 RESOLVED, that having considered a communication
from Karen Ritchey, received in the Office of the City Clerk on June 24,
2011, which requests permission to waive Section 8 32 070 (Noise
Control) of the Livonia Code of Ordinances, as amended, to allow the
playing of live, outdoor music from approximately 7 00 p m until 11 00
p m at 20111 Parker in connection with a party being held on Friday,
August 5, 2011, the Council does hereby determine to waive Section
8 32 070 (Noise Control) of the Livonia Code of Ordinances between
the hours of 7 00 p m and 11 00 p m in connection with this event to
be held on Friday, August 5, 2011
A communication from the Office of the City Clerk, dated June 24,
2011, re tax rate for the Livonia Public Schools School District for the 2011-2012
school year, as approved by the Board of Education on June 22, 2011, was received
and placed on file for the information of the Council
A communication from the Office of the City Clerk, dated July 1, 2011,
re tax rate for the Wayne County Regional Educational Service Agency (RESA) for
the year 2011, as approved by the Board of Education requesting that their tax levy
be collected as a Summer tax and that their (2) millage rates be identified separately
on property tax bills, was received and placed on file for the information of the
Council
A communication from the Office of the City Clerk, dated July 1, 2011,
re tax rate for the Clarenceville School District for the 2011-2012 school year, as
approved by the Board of Education on June 23, 2011, was received and placed on
file for the informationof the Council
#217-11 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 27, 2011, and the
report and recommendation from the Chief of Police, dated June 22,
Regular Meeting Minutes of July 18, 2011 37952
2011, approved for submission by the Mayor, the Council does hereby
approve of the request from Luigi's Café, LLC, for a new outdoor
service area to be held in conjunction with a 2011 Class C licensed
business with Official Permit (Food) for the business located at 31530
Plymouth Road, Livonia, Michigan 48150, Wayne County; and the City
Clerk is hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission
#218-11 RESOLVED, that having considered a communication
from the Director of Finance, dated June 29, 2011, approved for
submission by the Mayor, the Council does hereby accept the bid of
Constellation NewEnergy, LLC, 9960 Corporate Campus Dr , Suite
200, Louisville, Kentucky 40223, for supplying the City buildings with
natural gas at a total cost of $0 485 per MCF, plus the price of natural
gas which is anticipated to be set at the close of business
approximately July 21, 2011, based upon the Nymex Settlement Price
as of that approximate date, the same having been the lowest bid
submitted and meets all specifications, and the Mayor and City Clerk
are hereby authorized, for and on behalf of the City of Livonia, to
execute a contract with the aforesaid bidder, subject to the approval as
to form by the Department of Law, and to do all other things necessary
or incidental to the full performance of this resolution
A communication from the Board of Trustees, Livonia Employees
Retirement System, dated June 17, 2011, re Livonia Employees Retirement System
58th Annual Actuarial Valuation Report of the Defined Benefit (DB) Plan as of
November 30, 2010, was received and placed on file for the information of the
Council
A communication from the Board of Trustees, Livonia Employees
Retirement System, dated June 17, 2011, re Livonia Retiree Health and Disability
Benefits Plan and Trust (VEBA) 13th Annual Actuarial Valuation Report as of
November 30, 2010, was received and placed on file for the information of the
Council
A communication from the Board of Trustees, Livonia Employees
Retirement System, dated June 17, 2011, re 401(a) Defined Contribution Plan
Regular Meeting Minutes of July 18, 2011 37953
Annual Report for 2010 as submitted by Great West Retirement Services, was
received and placed on file for the information of the Council
#219-11 RESOLVED, that having considered a communication
from the Interim Superintendent of Parks and Recreation, dated June
20, 2011, which bears the signature of the City Attorney and the
Director of Finance and is approved for submission by the Mayor, and
which transmits resolution 3238-11 adopted by the Parks and
Recreation Commission on May 4, 2011, requesting approval of an
Addendum to the Lease Agreement between the City and the Livonia
Hockey Association to reflect a $3 00 per hour utility surcharge to all
user groups except the Livonia Parks and Recreation Programs, the
Council does hereby approve this request and the Department of Law
is hereby requested to prepare an appropriate Addendum to the Lease
Agreement for all user groups except the Livonia Parks and Recreation
Programs and specifying that the Addendum shall be for a two (2) year
term, FURTHER, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute such
Addendum, subject to the approval as to form by the Department of
Law, as well as to do all other things necessary or incidental to the full
performance of this resolution
#220-11 RESOLVED, that having considered a communication
from the Fire Chief, dated June 30, 2011, which bears the signature of
the Director of Finance and is approved for submission by the Mayor,
the Council does hereby accept the bid of Douglass Safety Systems,
L L C , 2655 N Meridian #6, Sanford, Michigan 48657, for supplying
the Fire Department with up to twenty (20) replacement sets of Turn-
Out Gear (Structural Firefighting Protective Clothing) at the unit price
of $1,704 52, for a total amount not to exceed $34,090 40, the same
having been in fact the lowest bid received which meets all
specifications, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $34,090 40 from funds
already budgeted in Account No 101-338-768-000 (Uniform/PPE) for
this purpose
#221-11 RESOLVED, that having considered a communication
from the Fire Chief, dated June 30, 2011, which bears the signature of
the Director of Finance and is approved for submission by the Mayor,
the Council does hereby accept, subject to an agreed upon contract,
the proposal submitted by Parastar, Inc , 25250 West Eight Mile Road,
Southfield, Michigan 48033, to perform emergency medical billing
services for a three (3) year period (with an option to renew for an
additional two year period under the same terms and conditions upon
mutual consent by the City and Parastar, Inc ) at the rate of 6 5% of
each bill collected, such costs to be expended from funds already
budgeted in Account No 101-336-818-336 for this purpose, and the
Regular Meeting Minutes of July 18, 2011 37954
Mayor and City Clerk are hereby authorized, for and on behalf of the
City of Livonia, to execute a contract with the aforesaid company,
subject to the approval as to form by the Department of Law, and to do
all other things necessary or incidental to the full performance of this
resolution
#222-11 RESOLVED, that having considered the report and
recommendation of the Director of Housing, dated June 17, 2011,
approved for submission by the Mayor, recommending adjustments in
the admission income limits for Newburgh Village, Silver Village and
City-owned homes, the Council does hereby concur in and approve of
the recommended action with respect to admission income limits and
does hereby approve the following adjustments
ADMISSION
Present Income Limits Revised Income Limits
One Person $39,100 $37,200
Two Persons $44,700 $42,500
Three Persons $51,300 $47,800
Four Persons $55,850 $53,100
Five Persons $60,350 $57,350
Six Persons $64,800 $61,600
A communication from the Livonia Housing Commission, dated June
28, 2011, re Audit Report for the fiscal year ending December 31, 2010, excluding
Silver Village, Newburgh Village, the CDBG Program, the Neighborhood
Stabilization Program and single family City-owned properties, was received and
placed on file for the information of the Council
#223-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 30, 2011, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and the Superintendent of Parks and
Recreation and approved for submission by the Mayor, the Council
does hereby accept, subject to an agreed upon contract, the unit price
bid of Cadillac Asphalt, LLC, 51777 West 12 Mile, Wixom, Michigan
48393, for completing all work required in connection with the
Bicentennial Park North Parking Lot Paving Project (Contract 11-I) for
the estimated total cost of $294,468 70, based on the Engineering
Division's estimate of units involved, and subject to a final payment
based upon the actual units completed in accordance with the unit
prices accepted herein, said estimated cost and unit prices having
been in fact the lowest bid received for this item, FURTHER, the
Regular Meeting Minutes of July 18, 2011 37955
Council does hereby authorize an expenditure in an amount not to
exceed $265,000 00 from funds already budgeted in Account No 401-
000-974-000 (Capital Projects Fund) for this purpose, FURTHER, the
Council does hereby appropriate and authorize an additional
expenditure in an amount not to exceed $29,856 50 from the
Unexpended Fund Balance of the Capital Projects Fund (401) for this
purpose, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $10,000 00 to Spalding
DeDecker, Inc., 95 South Blvd East, Rochester Hills, Michigan 48307,
for materials testing allowance and construction staking from funds
already budgeted in Account No 401-000-974-000 (Capital Project
Fund) for this purpose, and the City Engineer is hereby authorized to
approve minor adjustments in the work as it becomes necessary; and
the Mayor and City Clerk are hereby authorized for and on behalf of
the City of Livonia to execute a contract with the aforesaid bidder and
to do all other things necessary or incidental to the full performance of
this resolution
#224-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 1, 2011, which bears
the signatures of the Director of Finance and the City Attorney, is
approved by the Director of Public Works and approved for submission
by the Mayor, to which is attached a proposed Agreement between the
City of Livonia and Orchard, Hiltz & McCliment, Inc , the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the
City of Livonia, to execute a contract between the City of Livonia and
Orchard, Hiltz & McCliment, Inc , 34000 Plymouth Road, Livonia,
Michigan 48150, to provide design and construction engineering
services for the Whispering Willows Storm Water Detention Basin
Project (RXB-15) in an amount not to exceed $80,000 00, FURTHER,
the Council does hereby authorize an expenditure in an amount not to
exceed $80,000 00 from funds budgeted in Account No 465-000-973-
165 (Drainage Improvement Fund) for this purpose, and the City
Engineer is hereby authorized to approve minor adjustments in the
work, as it becomes necessary
#225-11 RESOLVED, that having considered a communication
from the Department of Public Works, dated June 28, 2011, which
bears the signatures of the Director of Finance 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-
Library Drive (Starting from eastbound Five Mile Road and
(Additional) heading south to Civic Center Drive)
Length 509 25 ft.
Termini Eastbound Five Mile Road to Civic Center Drive
Regular Meeting Minutes of July 18, 2011 37956
(See Attached Legal Description)
Location N W 1/2 of Section 22
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, 2010
#226-11 RESOLVED, that having considered a communication
from the City Engineer, dated June 30, 2011, which bears the
signature of the Director of Finance, is approved by the Director of
Public Works and approved for submission by the Mayor, the Council
does hereby authorize the Mayor and City Clerk, for and on behalf of
the City of Livonia, to execute an agreement between the City of
Livonia and Detroit Edison Company, Macomb Center, 15600 19 Mile
Road, Clinton Twp , Michigan 48038-3502, to relocate five (5) UG
streetlights to accommodate the new right turn lanes at Merriman
Road and Five Mile Road as part of the Safety Improvement Project in
an amount not to exceed $25,523 49, FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed
$25,523 49 from funds budgeted in Account No 592-158-000
(Construction in Progress) for this purpose, and the City Engineer is
hereby authorized to approve minor adjustments in the work, as it
becomes necessary
#227-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 29, 2011, which
transmits its resolution 06-36-2011, adopted on June 28, 2011, with
regard to Petition 2011-05-02-08, submitted by Al Abdelnour
requesting waiver use approval to operate an indoor recreational
facility (Get Skillz Basketball) on property located on the east side of
Wayne Road between Industrial Road and Schoolcraft Road (13500
Wayne Road), in the Northwest 1/4 of Section 28, which property is
zoned M-1, the Council does hereby concur in the recommendation of
the Planning Commission and Petition 2011-05-02-08 is hereby
approved and granted, subject to the following conditions
1 That the Site Plan received by the Planning Commission on
May 31, 2011, is hereby approved and shall be adhered to,
Regular Meeting Minutes of July 18, 2011 37957
2 That the site's landscaping shall be restored to the satisfaction
of the Planning Director and thereafter permanently maintained
in a healthy condition,
3 That only conforming signage is approved with this petition, any
additional signage shall be submitted for review and approval of
the Zoning Board of Appeals,
4 That the issues that are contained in the letter from the
Inspection Department, dated June 28, 2011, shall be resolved
to the satisfaction of the Inspection Department; and
5 That the specific plan referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for the Certificate of Occupancy
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and
McCann
NAYS None
On a motion by Toy, seconded by Laura, it was
#228-11 RESOLVED, that the Council does hereby refer the
subject of Chapter 5 49 of the Livonia Code of Ordinances, as
amended (Massage) to the Legislative Affairs Committee for its report
and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Toy, Brosnan, Schwartz, Pastor, and McCann
NAYS Meakin
The President declared the resolution adopted
On a motion by Brosnan, seconded by Toy, it was
#229-11 RESOLVED, that having considered a communication
from the City Clerk, dated June 22, 2011, forwarding an application
submitted by Ya Jia Xu, 14331 Westlake St., Taylor, Michigan 48180,
for a massage apprentice permit and in accordance with Chapter 5 49
of the Livonia Code of Ordinances, as amended, the Council does
hereby approve this request in the manner and form herein submitted,
and the City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
Regular Meeting Minutes of July 18, 2011 37958
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Toy, Brosnan, Schwartz, Pastor, and McCann
NAYS Meakin
The President declared the resolution adopted
On a motion by Toy, seconded by Brosnan, it was
#230-11 RESOLVED, that having considered a communication
from the City Clerk, dated June 22, 2011, forwarding an application
submitted by Sufen Li, 14690 Dean St., Taylor, Michigan 48180, for a
massage apprentice permit and in accordance with Chapter 5 49 of the
Livonia Code of Ordinances, as amended, the Council does hereby
approve this request in the manner and form herein submitted, and the
City Clerk is hereby requested to do all things necessary or incidental
to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Toy, Brosnan, Schwartz, Pastor, and McCann
NAYS Meakin
The President declared the resolution adopted
A communication from William Leung, received in the Office of the City
Clerk on July 15, 2011, re requesting Agenda Item #25 for the Massage Apprentice
Permit submitted by Huazhen Lin be removed from the Agenda due a death in the
applicant's family, was received and placed on file for the information of the Council
On a motion by Pastor, seconded by Meakin, it was
#231-11 RESOLVED, that having considered a communication
from the Director of the Housing Commission, dated June 21, 2011,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, submitted pursuant to Council Resolution
405-09, the Council does hereby accept the offer of Brent Elgas to
purchase City-owned property located at 15813 Deering, Livonia,
Michigan in the Southeast IA of Section 13, further described as
Lot 32, Strathcona Gardens, Town 1 South, Range 9 East, Liber 69,
Page 31, Wayne County Records
Regular Meeting Minutes of July 18, 2011 37959
for a total purchase price of $89,000 00, which sale is conditioned
upon the purchaser obtaining financing and participating in a
homeownership training program, the action herein being taken in
order to best serve the interests of the community; FURTHER, the
41, Council does hereby direct that the sale proceeds be directed to the
Neighborhood Stabilization Program for purposes consistent with the
NSP Grant Agreement; and the Director of the Housing Commission is
hereby requested to execute a quit claim deed and such other
documents as may be necessary or incidental to fulfill the purpose of
this resolution, and the Director of the Housing Commission and the
Department of Law are hereby requested to prepare and place in
proper form such legal documents as may be necessary to
consummate this transaction, 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann
NAYS Laura
The President declared the resolution adopted
On a motion by Toy, seconded by Laura, it was
#232-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 20, 2011, which
transmits its resolution 06-30-2011 , adopted on June 7, 2011, with
regard to Petition 2011-05-02-05, submitted by Fellowship Community
requesting waiver use approval to operate a second-hand store (New 2
U) on property located on the east side of Middlebelt Road between
Five Mile Road and Sunnydale Avenue (15950 Middlebelt Road), in
the Southwest 1/4 of Section 13, which property is zoned C-2, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 2011-05-02-05 is hereby denied 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 City is currently well served with similar uses to that
which is being proposed,
Regular Meeting Minutes of July 18, 2011 37960
3 That the petitioner has failed to demonstrate the need in the
area for that type of commercial service proposed to be
operated on the subject site,
4 That the petitioner has not sufficiently demonstrated that the
proposed use would be compatible to and in harmony with the
surrounding uses in the area,
5 That the petitioner has failed to adequately demonstrate that the
facility has the capacity to accommodate the proposed use, and
6 That the proposed use is contrary to the goals and objectives of
the Zoning Ordinance which, among other things, are intended
to insure suitability and appropriateness of uses
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Toy, Brosnan, Schwartz, Pastor, and Meakin
NAYS McCann
The President declared the resolution adopted
On a motion by Toy, seconded by Laura, and unanimously adopted, it
was
#233-11 RESOLVED, that having considered a communication
from the Acting Chief of Police, dated June 27, 2011, 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 a cash donation in the amount of $1,000 00 from Target
Corporation, the same to be appropriated and credited to Account No
702-285-213 (Police Crime Prevention) for use in connection with this
year's National Night Out event.
At 8 22 p m , Toy stepped down to avoid a perceived conflict of
interest.
On a motion by Brosnan, seconded by Laura, it was
#234-11 RESOLVED, that having considered a communication
from the Department of Law, dated July 6, 2011, wherein it is
requested that Council Resolution 197-11 be amended to clarify
various installments, the Council does hereby amend and revise
Council Resolution 197-11 so as to read as follows
Regular Meeting Minutes of July 18, 2011 37961
WHEREAS, pursuant to due and proper notice published and
mailed to all property owners in Special Assessment District No
426, more particularly described in Council Resolution 150-11,
adopted on May 11, 2011, as required by the provisions of the
City Charter and Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, the City Council has duly met and
reviewed the special assessments levied in the special
assessment roll prepared by the City Assessor to cover the
district in which an irrigation system along portions of Plymouth
Road in the City of Livonia, Wayne County, Michigan, is to be
operated, such roll having been prepared on the basis of an
irrigation system being operated along portions of Plymouth
Road in said Special Assessment District No 426,
NOW, THEREFORE, BE IT RESOLVED, that the said Council
does hereby determine to operate an irrigation system along
portions of Plymouth Road and that the assessments set forth in
said Special Assessment District No 426 Roll are fair and
equitable and based upon benefits derived in said district, in
accordance with the plans of the City Engineer and resolutions
of the City Council, said Special Assessment Roll No 426
based on operation of an irrigation system along portions of
Plymouth Road is hereby approved and confirmed in all
respects, pursuant to the provisions of Section 3 08 130 of the
Livonia Code of Ordinances, as amended, the City Clerk shall
endorse the date of confirmation on the Assessment Roll, and
the Assessment Roll shall then be immediately transmitted to
the City Treasurer who shall take further action as set forth in
Title 3, Chapter 8 of the Livonia Code of Ordinances, as
amended, FURTHER, the City Council does hereby determine
to pay a portion of the costs for City-owned parcels
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Schwartz, Pastor, Meakin, and McCann
NAYS None
The President declared the resolution adopted
Toy returned to the podium at 8 25 p m
On a motion by Meakin, seconded by Brosnan, it was
#235-11 RESOLVED, that having considered a communication
from the Department of Law, dated July 7, 2011, the Council does
hereby, by a two-thirds roll call vote in accordance with Section 7(1) of
imp the Open Meetings Act, direct that a closed Committee of the Whole
Regular Meeting Minutes of July 18, 2011 37962
meeting be held for the purposes of discussing litigation matters and
attorney/client privileged communications in connection with pending
litigation, General Motors Corporation v City of Livonia
A roll call vote was taken on the foregoing resolution with the followingresult:
9 9
AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and
McCann
NAYS None
The President declared the resolution adopted
Christopher Martin, 12275 Inkster Road, addressed Council to inquire
if the legal matter concerning General Motors Corporation and the City involved a
dispute filed with the Michigan Tax Tribunal and stated the City may be hard pressed
in the future due to the overwhelming amount of cases filed with the Michigan Tax
Tribunal by local businesses who claim they are unable to pay their property taxes
There was no Audience Communication at the end of the meeting
Pastor expressed a Happy Birthday wish to his son Ryan and again
thanked Ken Harb and Terry Moran for their years of service on the Zoning Board of
Appeals
On a motion by Pastor, seconded by Laura, and unanimously adopted,
this 1,685th Regular Meeting of the Council of the City of Livonia was adjourned at
828 p m
./a-i-). /L'e_lk,t_
Terry . Marecki, City Clerk