HomeMy WebLinkAboutCOUNCIL MINUTES 2011-01-26 37781
MINUTES OF THE ONE THOUSAND SIX HUNDRED SEVENTY THIRD
REGULAR MEETING OF JANUARY 26, 2011
On January 26, 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, Assistant City Clerk, Mark Taormina, City Planner; Don Knapp, City
Attorney; Mayor Jack Kirksey; and former Mayor Robert Bennett.
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#15-11 RESOLVED, that the Minutes of the 1,672nd Regular
Meeting of the Council held January 12, 2011, are hereby approved as
submitted
Mayor Kirksey addressed Council to thank the community for coming
together and being so supportive following the tragic loss of Officer Larry Nehasil
Mayor Kirksey indicated surrounding communities came together and provided
staffing for the Police and Fire Departments so members of those divisions could
attend the funeral of Officer Nehasil and the outpouring of support from local
business owners, friends and family members of Livonia has been truly amazing
Further, Mayor Kirksey stated he had great appreciation for the members of the
Livonia Police and Fire Departments and the great service they provide to the
community on a daily basis
Pastor thanked his wife for 24 years of marriage and indicated he and
his wife celebrated their 24th wedding Anniversary on Monday, January 24th and
stated he looked forward to spending another 24 years with her
Regular Meeting Minutes of January 26, 2011 37782
During Audience Communication, Christopher Martin, 12275 Inkster
Road, addressed Council to express his concern about losing money from his
business due to theft and vandalism Mr Martin indicated he had requested a seven
foot wrought iron fence to surround his business to keep out vandals Mr Martin
`„ stated he felt the letter received by his neighbors was unclear and wanted to request
that a letter be sent to his neighbors that would clearly delineate what he had
requested so his neighbors would understand what he was attempting to
accomplish
A communication from the Engineering Division, dated January 26,
2011, re survey costs associated with the proposed sale of the vacant City-owned
property located at 36413 Parkdale Avenue, was received and placed on file for the
information of the Council
On a motion by Pastor, seconded by Meakin, it was
#16-11 RESOLVED, that having considered a communication
from David S Lent, dated December 28, 2010, regarding purchasing
the City-owned lot located at 36413 Parkdale in Shaffmaster's
Parkside Estates (Tax Parcel No 46-126-03-0015-000), which is
adjacent to property he currently owns, the Council does hereby refer
this matter to the Administration for its report and recommendation
#17-11 RESOLVED, that having considered a communication
from the Assistant Assessor, dated December 27, 2010, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, and in accordance with Chapter VIII, Section 6 of the
Charter of the City of Livonia, the Council does hereby determine to
approve the following dates for the Board of Review to conduct public
hearings in 2011, which public hearings are to be conducted in the
conference room of the City Assessor on the first floor of the Livonia
City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154
FIRST SESSION
Tuesday March 8, 2011 Organizational Meeting 9'00 a.m - 1 00 p m
Wednesday March 9, 2011 9'00 a.m.- 12:00 p m. 1 30 p m -4 00 p m.
Thursday March 10, 2011 9 00 a.m - 12.00 p m. 1 30 p m -4 00 p m.
Friday March 11, 2011 9.00 a.m.- 1 30 p m.
SECOND SESSION
Monday March 14, 2011 9'00 a m. - 12•00 p m. 1 30pm -400pm
Tuesday March 15, 2011 9.00 p m - 12 00 p m. 2.00 p m -7 30 p m.
Thursday March 17, 2011 9.00 a.m. - 12:00 p m. 2:00 p m.- 7 30 p m.
Friday March 18, 2011 9.00 a.m - 12.00 p m 1 30 p m -4 00 p m
Monday March 21, 2011 9'00 a.m. - 12.00 p m. 1 30 p.m.-4 00 p m.
Regular Meeting Minutes of January 26, 2011 37783
FURTHER, the Council does hereby determine that the daily rate of
compensation to be paid to the members of the Board of Review shall
be $120 00 for the Chairperson and $100 00 for other members
Pursuant to Public Act No 165, Public Acts of 1971, we hereby give
notice that the following tentative ratios and multipliers will be used to
determine the State Equalized Value (S E.V ) for the year 2011
CLASS RATIO S.E.V FACTOR (MULTIPLIER)
Agricultural 50 00 1 0000
Commercial 50 00 1 0000
Industrial 50 00 1 0000
Residential 50 00 1 0000
Personal 50 00 1 0000
#18-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 10, 2011, which
bears the signature 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 proposal from Spalding DeDecker
Associates, Inc , dated January 7, 2011, 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 Spalding
DeDecker Associates, Inc (SDA), 905 South Boulevard East,
Rochester Hills, Michigan 48037, to provide design services for the
Safety Improvement Project — Traffic Signal Modernization at Six Mile
and Farmington Road, Seven Mile Road and Farmington Road, and
Six Mile Road and Haggerty Road in an amount not to exceed
$35,950 00; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $35,950 00 from funds already
budgeted in Account No 202-463-818-125 (Major Street Fund — City
Participation in County and MDOT Projects) for this purpose, and the
City Engineer is hereby authorized to approve minor adjustments in the
work, as it becomes necessary
#19-11 RESOLVED, that having considered a communication
from the Department of Law, dated December 29, 2010, approved for
submission by the Mayor, the Council does hereby authorize the
Department of Law to resolve the claim of Mr Daryl Reddick for
injuries sustained while riding his bicycle on City-owned sidewalk on
West Eight Mile on August 5, 2009, in the amount of $60,000 00, and
the Department of Law is hereby authorized to do all things necessary
or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
`.. AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and
McCann
Regular Meeting Minutes of January 26, 2011 37784
NAYS None
Brosnan took from the table, for second reading and adoption, the
imp following Ordinance
AN ORDINANCE ADDING CHAPTER 42 (INSTALLATION AND
MAINTENANCE OF GREASE INTERCEPTORS, DISCHARGE
PROHIBITIONS) TO TITLE 13 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and
McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 380 OF TITLE 13, CHAPTER
20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and
McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Meakin, seconded by Brosnan, and unanimously
adopted, it was
#20-11 RESOLVED, that having considered the recommendation
of the Department of Law, dated December 14, 2010, to amend
Subsections (b) and (d) of Section 18 42A of Article XVIII (Wireless
Regular Meeting Minutes of January 26, 2011 37785
Communication Facilities) of the Livonia Zoning Ordinances, as
amended (Petition 2010-07-06-01) to ensure that operators and
colocators do not have radio frequency (RF) energy emissions or other
detrimental field output and to require colocators and operators to
`,,, notify the Inspection Department of changes in ownership and contact
information, the Council does hereby determine to take no further
action with regard to this matter
A communication from the Department of Law, dated January 26,
2011, re revised amendment to Zoning Ordinance No 543 to ensure that operators
and colocators do not have radio frequency (RF) energy emissions or other
detrimental field output for wireless communication facilities and to require
colocators and operators to notify the Inspection Department of changes in
ownership and contact information, was received and placed on file for the
information of the Council (Petition 2010-07-06-01)
Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SUBSECTIONS (b) AND (d) of
SECTION 18 42A OF ARTICLE XVIII OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE" (Petition 2010-07-06-01)
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
Meakin invoked the Emergency Clause and gave second reading to
the foregoing Ordinance and a roll call vote was taken thereon with the following
result:
AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and
McCann
NAYS None
Regular Meeting Minutes of January 26, 2011 37786
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Brosnan, seconded by Schwartz, it was
#21-11 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
November 19, 2010, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, which transmits
Housing Commission resolution 32-10, wherein the Commission
recommended the following rental adjustments to become effective
March 1, 2011, with respect to City-owned scattered site properties as
follows
Current Proposed
2-Bedroom $420 $430
29149 Morlock
20121 Floral
27545 Long
3-Bedroom $505 $515
11910 Cardwell
12411 Arcola
31220 Hathaway
19941 Deering
9880 Harrison
11784 Arcola
33916 Five Mile
10033 Garden
35546 Orangelawn
12092 Arcola
20222 St. Francis
4-Bedroom $570 $580
20120 Deering
The above rents exclude gas, electric and water utility charges
The Council does hereby concur in and approve of the recommended
action
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
Regular Meeting Minutes of January 26, 2011 37787
On a motion by Toy, seconded by Brosnan, it was
imp #22-11 RESOLVED, that having considered a communication
from the Director of the Housing Commission, dated January 7, 2011,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, submitted pursuant to Council Resolution
518-08, the Council does hereby accept the offer of Ms Donna Page
to purchase City-owned property located at 18660 Floral, Livonia,
Michigan in the Northeast 1/4 of Section 12, further described as
Lots 192 and 193 of Sunningdale Park Subdivision, according to the
plat thereof as recorded in Liber 61 of Plats, Page 56, Wayne County
Records
for a total purchase price of $60,000 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
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 authorized 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 Pastor, seconded by Meakin, it was
RESOLVED, that having considered a report from
resident, Christopher Martin, regarding designating an alternate
member to serve on the Zoning Board of Appeals, the Council does
hereby determine to take no further action regarding the subject
matter
On a motion by Schwartz, seconded by Toy, it was
Regular Meeting Minutes of January 26, 2011 37788
RESOLVED, that the City Council does hereby
determine, in lieu of the foregoing resolution, to substitute the
following
I
RESOLVED, that having considered a request from
i1r
resident, Christopher Martin, regarding designating an alternate
member to serve on the Zoning Board of Appeals, the Council does
hereby refer the issue of the viability of having an alternate ZBA
member to the Administration for its report and recommendation
A roll call vote was taken on the motion to substitute as follows
AYES Schwartz, Toy, and Brosnan
NAYS Laura, Pastor, Meakin, and McCann
The President declared the motion to substitute failed due to lack of support.
Christopher Martin, 12275 Inkster Road, addressed Council and indicated he would
be willing to become an alternate ZBA member at no charge to the City
On a motion by Brosnan, seconded by Toy, it was
RESOLVED, that the City Council does hereby
determine, in lieu of the foregoing resolution, to substitute the
following
RESOLVED, that having considered a report from
resident, Christopher Martin, regarding designating an alternate
member to serve on the Zoning Board of Appeals, the Council does
hereby refer the subject of designating an alternate ZBA member to
the Legislative Affairs Committee for its report and recommendation
A roll call vote was taken on the motion to substitute as follows
AYES Laura, Toy, Brosnan, and Schwartz.
NAYS Pastor, Meakin, and McCann
The President declared the motion to substitute adopted
A roll call vote was then taken on the proposed substitute resolution by Brosnan,
seconded by Toy, as follows
#23-11 RESOLVED, that having considered a report from
resident, Christopher Martin, regarding designating an alternate
member to serve on the Zoning Board of Appeals, the Council does
Regular Meeting Minutes of January 26, 2011 37789
hereby refer the subject of designating an alternate ZBA member to
the Legislative Affairs Committee for its report and recommendation
with the following result:
AYES Laura, Toy, Brosnan, and Schwartz.
NAYS Pastor, Meakin, and McCann
The President declared the substitute resolution adopted
On a motion by Toy, seconded by Laura, and unanimously adopted, it
was
#24-11 RESOLVED, that having considered a letter from Dale
Cotler, President, Livonia Rotary Charitable Foundation, Inc , dated
January 17, 2011, the Council does hereby take this means to indicate
that Livonia Rotary Charitable Foundation, Inc is recognized as a non-
profit organization operating in the community, and the action herein
being taken for the purpose of affording Livonia Rotary Charitable
Foundation, Inc an opportunity to obtain a charitable gaming license or
registration from the State of Michigan in accordance with provisions of
State statute
Dale Coller, President of Livonia Rotary Charitable Foundation, Inc , was present to
answer any questions of Council
On a motion by Brosnan, seconded by Toy, and unanimously adopted,
it was
#25-11 RESOLVED, that having considered a communication
from the Department of Law, dated January 11, 2011, approved for
submission by the Mayor, transmitting for Council acceptance a Grant
of Easement executed by Angela Hospice Home Care, Inc in
connection with the development of a water main at 14100 Newburgh
Road in the Southwest 1/4 of Section 20, more particularly described as
A centerline description for a 20 foot wide water main easement lying
in part of the Southwest '/4 of Section 20, T 1 S , R. 9 E , City of
Livonia, Wayne County, Michigan, being more particularly described
as Commencing at the southwest corner of said Section 20, thence
along the west line of said section also being the centerline of
Newburgh Road (60 feet wide, 1/2 width) N 00°03'45" E , 702 00 feet;
thence S 89°56'35" E , 60 00 feet to a point on the easterly right-of-
way line of Newburgh Road, thence S 89°56'35" E , 415 30 feet to the
point of beginning of said watermain easement; thence N 00°00'06"
Regular Meeting Minutes of January 26, 2011 37790
W , 24 97 feet to point 'A', thence N 00°00'06" W , 36 94 feet; thence
N 45°00'06" W , 133.23 feet; thence N 00°00'06" W , 60 61 feet to
point `B', thence N 00°00'06" W , 68 45 feet; thence N 22°29'54" E ,
128 04 feet; thence N 67°29'54" E , 20 63 feet to point 'C', thence N
67°29'54" E., 61 08 feet; thence due North 217 51 feet to point 'D',
thence due North 243 16 feet to a point of ending, thence from said
point `B', S 89°59'54" W , 21 22 feet to a point of ending, thence from
said point 'C', N 22°30'06" W , 43 04 feet to a point of ending, thence
from said point 'D', N 89°53'58" E , 258 93 feet to point `E', thence S
00°11'28" E , 192 59 feet to point 'F', thence S 00°11'28" E , 236 56
feet to point `G', thence S 00°11'28" E., 65 99 feet; thence S
44°59'54" W , 193 95 feet; thence S 89°59'54" W , 132 76 feet to point
'H', thence S 89°59'54" W , 25 50 feet to point 'A', thence from said
point `E', N 89°48'32" E , 30 00 feet to a point of ending, thence from
said point 'F', S 89°48'32" W , 45 02 feet to a point of ending, thence
from said point `G', S 89°48'32" W , 61 64 feet to a point of ending,
thence from said point 'H', N 00°03'23" E , 56 88 feet to a 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
There was no Audience Communication at the end of the meeting
On a motion by Toy, seconded by Pastor, and unanimously adopted,
this 1,673`d Regular Meeting of the Council of the City of Livonia was adjourned at
840 p m
Terry. Marecki, City Clerk