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HomeMy WebLinkAboutCOUNCIL MINUTES 2010-06-09 37576 MINUTES OF THE ONE THOUSAND SIX HUNDRED FIFTY EIGHTH REGULAR MEETING OF JUNE 9, 2010 On June 9, 2010, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order by the Vice President of the Council at 8 00 p m Councilmember Schwartz led the meeting with an invocation Roll was called with the following result: Conrad Schwartz, John Pastor, Brian Meakin, Laura Toy, Maureen Miller Brosnan, and Joe Laura Absent: James McCann Elected and appointed officials present: Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don Knapp, City Attorney; Terry A. Marecki, City Clerk; Kevin G Roney, Assistant City Engineer; Dennis Wright, City Treasurer; and Mayor Jack Kirksey On a motion by Toy, seconded by Brosnan, and unanimously adopted, it was #189-10 RESOLVED, that the Minutes of the 1,657th Regular Meeting of the Council held May 26, 2010, are hereby approved as submitted Vice President Laura announced there would be an "X" item discussed at the end of the meeting concerning the subject of combining the Clerk and Treasurer's Office (CR 97-10) Brosnan congratulated the Administration for a great looking City Newsletter and indicated the Newsletter was a wonderful representation of the City and what it stands for In addition, Brosnan offered condolences to the family of Bob Griffin, City resident for more than 30 years, owner of Griffin Sporting Goods who was very active in a variety of youth sports throughout the community Brosnan stated Mr Griffin had passed away earlier in the week and would be greatly missed by all During Audience Communication, Joe Neussendorfer, 11316 Merriman Road, Livonia, addressed Council to encourage the City to declare itself as a green Regular Meeting Minutes of June 9, 2010 37577 and sustainable community and indicated by doing so, it would aid in the promotion of economic growth within the community Mr Neussendorfer suggested Council adopt a resolution endorsing participation in the SEMCOG "Recognized Sustainable Community" and thanked Council for their consideration John Grzebik, 11301 Hubbell, Livonia, addressed Council to extend congratulations to all three high schools for their successful all night senior parties recently held Mr Grzebik thanked all the volunteers and local businesses who contributed to the success of the parties and expressed his appreciation for the time and resources donated by the City's Schools and the numerous individuals who volunteered Mr Grzebik also thanked the SPREE organization which also supports the all night parties and the Livonia PTA and encouraged residents to support and volunteer at the SPREE Mr Grzebik thanked Councilmember Pastor for involving the Livonia Schools with the Housing Commission and involving the Schools in the Competitive Edge program and the Livonia Foundation Mr Grzebik also thanked Councilmember Toy for involving the Schools in planning efforts for the future of the City and indicated the Livonia PTSA Council is wrapping things up at this point in time and encouraged all Councilmembers to attend any of the scheduled PTSA Council meetings in the future Mayor Kirksey thanked Councilmember Brosnan for her positive comments on the City's Newsletter and indicated he was pleased the Newsletter was so well-received and indicated it had been produced at a lower cost than in the past In addition, Mayor Kirksey stated that the community was aware of the environmental disasters that have occurred throughout the world, for example the oil spill in the Gulf, the recent tornadoes and flooding in various regions of the country, and indicated Livonia hearts go out to those who have been affected by these tragedies and wanted to assure Livonia residents that contingency plans have been put in place for the community should an emergency or disaster arise Mayor Kirksey concluded by indicating he wanted to take the opportunity to extend "Happy Birthday" wishes to his wife, Patt, who he stated was celebrating her birthday today Mayor Kirksey stated he was proud of his wife and indicated she was loved by all of her family members A communication from the Department of Finance, dated May 20, 2010, re forwarding various financial statements of the City of Livonia for the month ending April 30, 2010, was received and placed on file for the information of the Council A communication from the Department of Law, dated May 25, 2010, re Daniel Cummings v Steven Olsen, et al, Wayne County Circuit Court Case No 10- 001244-NO, was received and placed on file for the information of the Council Regular Meeting Minutes of June 9, 2010 37578 At the direction of the Chair, Items #6 and #7 were removed from the Consent portion of the Agenda. On a motion by Meakin, seconded by Pastor, it was #190-10 RESOLVED, that having considered an application from Andrea M Kolhoff, Devon-Aire Civic Association, dated May 24, 2010, requesting permission to close Sunset between Richland and Robert and Robert between Sunset and Flamingo on Saturday, August 14, 2010, from 1000 am to 6 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 15, 2010, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #191-10 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 27, 2009, amended December 8, 2009, and the report and recommendation of the Chief of Police, dated May 10, 2010, approved for submission by the Mayor, the Council does hereby approve of the request from Las Palapas, LLC for transfer of ownership of an escrowed 2009 Class C licensed business from Bogarts Billiards & Café, Inc , transfer location from 30282 Plymouth Road, Livonia, MI 48150, Wayne County; and the requests for a new Entertainment Permit and new Official Permit (Food) and Sunday Sales (9.00 a m to 12 00 p m ) for a business located at 33308 Plymouth Road, Livonia, MI 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #192-10 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated May 17, 2010, which bears the signature of the Director of Finance, Director of Public Works, and City Attorney and is approved for submission by the Mayor, to which is attached a proposed contract between the City and Brad Guerro for providing caretaker services at Greenmead, the Council does hereby approve the selection of Brad Guerro, 20501 Newburgh Road, Livonia, Michigan 48152, to provide caretaker services at Greenmead on an independent contractor basis for the period from June 1, 2010, through May 31, 2012, FURTHER, the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with the aforesaid individual in the manner and form submitted and to do all things necessary or incidental to the full performance of this resolution #193-10 RESOLVED, that having considered a communication from the Director of Finance, dated May 17, 2010, approved for submission by the Mayor, to which is attached a proposed Golf Course Fund Deficit Elimination Plan, as required by the Michigan Department Regular Meeting Minutes of June 9, 2010 37579 of Treasury, due to the new net asset presentation required by GASB 34, the Council does hereby approve the aforementioned plan with the anticipation of the elimination of the deficit by 2011, and the Finance Director is hereby requested to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Department of Treasury #194-10 RESOLVED, that having considered the report and recommendation of the Director of Housing, dated May 18, 2010, 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 $39,750 $39,100 Two Persons $45,450 $44,700 Three Persons $51,100 $50,300 Four Persons $56,800 $55,850 Five Persons $61,350 $60,350 Six Persons $65,900 $64,800 #195-10 RESOLVED, that having considered a communication from the City Planning Commission, dated May 14, 2010, which transmits its resolution 05-28-2010, adopted on May 11, 2010, with regard to Petition 2010-04-02-06, submitted by Lone Pine Corral, Inc requesting waiver use approval to utilize a Class C Liquor License (sale of beer, wine and spirits for consumption on the premises) in connection with a full service restaurant (Time Out Bar and Grill) on property located on the north side of Plymouth Road, between Levan Road and Newburgh Road (36480 Plymouth Road), in the Southwest 1/4 of Section 29, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2010-04-02-06 is hereby approved and granted, subject to the following conditions 1 That the use of a Class C license at this location shall be permitted only under the circumstances that the Zoning Ordinance standard set forth in Section 11 03(h)(1) requiring that there be at least a 1,000 foot separation between Class C licensed establishments is waived by the City Council, and ,., 2. That fully detailed plans for site landscaping, lighting and building elevation changes shall be submitted for review and Regular Meeting Minutes of June 9, 2010 37580 approval by the Planning Commission and City Council within sixty (60) days from the date of approval unless more time is granted by the City Council FURTHER, the Council does hereby waive the 1,000 foot separation requirement set forth in Section 11 03(h)(1) of the Zoning Ordinance A roll call vote was taken on the foregoing resolutions with the following result: AYES Schwartz, Pastor, Meakin, Toy, Brosnan, and Laura. NAYS None On a motion by Pastor, seconded by Meakin, it was #196-10 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated May 18, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, submitted pursuant to Council Resolution 522-08, the Council does hereby accept the offer of Mr Michael Hurlburt to purchase City-owned property located at 9994 E Clements Circle, Livonia, Michigan in the Northeast 1/4 of Section 36, further described as Lot 216, Thomas Elliot Subdivision, according to the Plat thereof as recorded in Liber 72 of Plats, Page(s) 19, Wayne County Records for a total purchase price of $114,000 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 Schwartz, Pastor, Meakin, Toy, and Brosnan Regular Meeting Minutes of June 9, 2010 37581 NAYS Laura Vice President Laura declared the resolution adopted imp On a motion by Pastor, seconded by Meakin, it was #197-10 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated May 18, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, submitted pursuant to Council Resolution 522-08, the Council does hereby accept the offer of Ms Carole Dempsey to purchase City-owned property located at 29115 West Chicago, Livonia, Michigan in the Southwest 1/4 of Section 36, further described as Lot 6, Pearl Wilson Subdivision, according to the Plat thereof as recorded in Liber 76 of Plats, Page(s) 10, Wayne County Records for a total purchase price of $93,000 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 Schwartz, Pastor, Meakin, Toy, and Brosnan NAYS Laura Vice President Laura declared the resolution adopted On a motion by Schwartz, seconded by Meakin, it was #198-10 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated May 12, 2010, which bears the signature of the Director of Finance and is approved Regular Meeting Minutes of June 9, 2010 37582 for submission by the Mayor, wherein it is recommended that the Council authorize changes in existing water and sewer consumption rates, industrial surcharge rates and in industrial waste control charges (effective July 1, 2010), the Council does hereby request that the Department of Law prepare appropriate Ordinance Amendments to the following Sections of the Livonia Code of Ordinances for submission to Council 1 Amend Title 13, Chapter 8, Section 040, to increase the water consumption rate from $18 05 to $19 87 (per 1000 cubic feet), effective with the first billing on and after July 1, 2010 2 Amend Title 13, Chapter 20, Section 120 D 1 to increase the Wayne County wastewater disposal charge from $21 92 to $26 07 (per 1000 cubic feet of water used), effective with the first billing on and after July 1, 2010 3 Amend Title 13, Chapter 20, Table 13 20 120 to increase the industrial waste control meter charges as follows (with an automatic increase of up to an additional 20% of the new monthly charge if determined necessary after look-back charge information is known) NON RESIDENTIAL METER SIZE (inches) MONTHLY CHARGE 5/8 Increase from $ 6 25 to $ 6 85 3/4 Increase from $ 9 38 to $ 10.28 1 Increase from $ 15 63 to $ 17 13 1-1/2 Increase from $ 34 38 to $ 37 68 2 Increase from $ 50 00 to $ 54 80 3 Increase from $ 90 63 to $ 99 33 4 Increase from $ 125 00 to $ 137 00 6 Increase from $ 187 50 to $ 205 50 8 Increase from $ 312 50 to $ 342 50 10 Increase from $ 437 50 to $ 479 50 12 Increase from $ 500 00 to $ 548 00 14 Increase from $ 625 00 to $ 685 00 16 Increase from $ 750 00 to $ 822 00 18 Increase from $ 875 00 to $ 959 00 20 Increase from $1,000 00 to $1 096 00 24 Increase from $1,125 00 to $1,233 00 30 Increase from $1,250 00 to $1,370 00 36 Increase from $1,375 00 to $1,507 00 48 Increase from $1,500 00 to $1,644 00 4 Amend Title 13, Chapter 28, Section 050, to change the industrial surcharge rates as follows (with an automatic increase Regular Meeting Minutes of June 9, 2010 37583 of up to an additional 20% of the new rates if determined necessary after look-back charge information is known) Dollars/pound for treating BOD (Biochemical Oxygen Demand) in excess of 275 mg/I - Increase from $0.285 to $0 302. Dollars/pound for treating TSS (Total Suspended Solids) in excess of 350 mg/I - Increase from $0 341 to $0 378 Dollars/pound for treating P (Phosphorus) in excess of 12 mg/I - Increase from $3 862 to $4 140 Dollars/pound for treating FOG (Fats, Oils & Grease) in excess of 100 mg/I - Decrease from $0.255 to $0.233 A roll call vote was taken on the foregoing resolution with the following result: AYES Schwartz, Pastor, Meakin, and Toy NAYS Brosnan and Laura. Vice President Laura declared the resolution adopted On a motion by Toy, seconded by Pastor, and unanimously adopted, it was #199-10 RESOLVED, that the Council does hereby refer the subject matter of water and sewer consumption rates, industrial surcharge rates and industrial waste control charges, to the Infrastructure and Community Transit Committee for its report and recommendation A communication from John Nagy, Executive Director for the Plymouth Road Development Authority, dated May 26, 2010, re offering support for the proposed revised plans submitted by Michael A. Tsakoff, AIA, for ground signs at the Woodland Plaza, was received and placed on file for the information of the Council (Petition 2010-03-SN-01) A communication from the Planning Commission, dated June 4, 2010, re commercial properties in the vicinity of Woodland Plaza which have approved signs that exceed the height and area limitations of the Zoning Ordinance, was Regular Meeting Minutes of June 9, 2010 37584 received and placed on file for the information of the Council (Petition 2010-03-SN- 01) On a motion by Pastor, seconded by Toy, it was #200-10 RESOLVED, that having considered a communication from the City Planning Commission, dated May 14, 2010, which transmits its resolution 05-32-2010, adopted on May 11, 2010, with regard to Petition 2010-03-SN-01, submitted by Michael A. Tsakoff, AIA, requesting approval for ground signage for the Woodland Plaza Shopping Center on property located on the north side of Plymouth Road, between Middlebelt Road and Sears Drive (30200-30282 Plymouth Road), in the Southeast V4 of Section 26, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2010-03-SN-01 is hereby approved and granted, subject to the following conditions 1 That the Sign Elevation Plan marked TS-1 prepared by Michael A. Tsakoff, Architect, dated April 19, 2010, as revised, is hereby approved and shall be adhered to, except as modified below 2 That the background of all of the sign panels shall be white, that the height of the panels shall be limited to approximately 22 inches for the top panel and 16 inches for all others, that the panels shall be split no more than once in half, as shown on the rendering, and that the maximum height of the lettering on the lower panels shall be approximately eight (8) inches, 3 That the Site Plan marked Sheet Number CE-1 prepared by The Design & Construction Group Inc as received by the Planning Commission on April 19, 2010, is hereby approved and shall be adhered to, 4 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, 5 That the sign shall not be illuminated beyond one (1) hour after this business center closes, and 6 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for A roll call vote was taken on the foregoing resolution with the following result: AYES Schwartz, Pastor, Toy, Brosnan, and Laura Regular Meeting Minutes of June 9, 2010 37585 NAYS Meakin Vice President Laura declared the resolution adopted Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 080 OF TITLE 5, CHAPTER 03 (GENERAL LICENSING PROCEDURE) 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 Meakin, seconded by Toy, and unanimously adopted, it was #2011 0 RESOLVED, that having considered a communication from the City Treasurer dated June 2, 2010, regarding the replacement of sidewalks in the City of Livonia in connection with the 2009 Sidewalk Program on the following parcels in the following amounts Parcels of property and assessment, as outlined in the Treasurer's letter, dated June 2, 2010, are incorporated herein by reference, which work was done pursuant to Council Resolution 81-10 and in accordance with the provisions of Section 12 04 340 of the Livonia Code of Ordinances, as amended, and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby, pursuant to the provisions of Section 3 08 150 of the Livonia Code of Ordinances, adopt this resolution wherein a special assessment is placed upon such property for said charges, FURTHER, the Council does hereby authorize installment payments in the number of three (3) installments at 6% interest where assessments exceed $400 and the property owner has requested such installments, FURTHER, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail Regular Meeting Minutes of June 9, 2010 37586 to the last known address of such persons as shown on the most current assessment roll of the City, and where payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable therewith on the next general tax roll, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Toy, seconded by Brosnan, and unanimously adopted, it was #202-10 RESOLVED, that having considered a communication from the City Librarian, dated May 18, 2010, 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, in the total amount of $29,051 00, from the sources indicated therein for use by the Livonia Public Library as indicated in the aforesaid communication; FURTHER, the Council does hereby appropriate and credit the amount of $17,581 00 to Account No 702-000-285-271, $5,235 00 to Account No 702-000-285-272, and $6,235 00 to Account No 702-000-285-273 for the purposes as designated by the donors. On a motion by Toy, seconded by Pastor, and unanimously adopted, it was #203-10 RESOLVED, that having considered a communication from the Department of Law, dated May 20, 2010, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Lutheran Homes of Michigan, Inc in connection with the development of a water main constructed at 28910 Plymouth Road in the Southwest 1/4 of Section 25, more particularly described as Centerline of 12 Foot Wide Water Main Easement. Part of the Southwest 1/4 of Section 25, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as Commencing at the Southwest Corner of Section 25, Town 1 South, Range 9 East; thence along the South Line of Section 25 and the Centerline of Plymouth Road, South 87° 13' 00" East 1261 25 feet; thence North 02° 47' 00" East 60 00 feet to the North Line of Plymouth Road and to the Point of Beginning, thence North 02° 47' 00" East 47 62 feet; thence North 06° 28' 08" West 83 99 feet; thence North 02° 54' 30" East Regular Meeting Minutes of June 9, 2010 37587 147 45 feet to Point "A", thence South 87° 05' 30" East 59 00 feet; thence North 02° 54' 30" East 75 00 feet to Point "B", thence North 02° 54' 30" East 235 16 feet to Point "C", thence North 02° 54' 30" East 204 84 feet; thence North 87° 05' 30" West 35 00 feet to the Point of Termination Also beginning at Point "A", thence North 87° 05' 30" West 111 65 feet; thence North 02° 54' 30" East 68 88 feet; thence North 47° 54' 30" East 45 00 feet to the Point of Termination Also beginning at Point "B", thence South 87° 05' 30" East 19 00 feet to the Point of Termination Also beginning at Point "C", thence South 87° 13' 00" East 209 92 feet to the East Line of Camden Ave and to the Point of Termination the Council does hereby, for and on 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 Meakin, and unanimously adopted, it was #204-10 RESOLVED, that having considered a communication from the Department of Law, dated May 20, 2010, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Robert and Sally DeKold in connection with the development of a storm sewer constructed at 31670 Seven Mile Road in the Southeast 1/4 of Section 3, more particularly described as The North 12 feet of the East 70 feet of the following described parcel That part of the S E 1/4 of Section 3, T 1 S , R 9 E., described as beginning at a point on the South line of said Section 3 a distant due west 673 50 feet from the S E corner of Section 3 and proceeding, N 00°17' W , 880 00 feet; thence due West 123 50 feet; thence S 00°17' E , 880 00 feet to the South line of Section 3, thence due East along said line 123 50 feet to the point of beginning, except the South 60 feet for the public right-of-way of Seven Mile Road Contains approximately 2 32 acres the Council does hereby, for and on 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 June 9, 2010 37588 On a motion by Toy, seconded by Pastor, and unanimously adopted, it was #205-10 RESOLVED, that having considered a communication from the Department of Law, dated May 20, 2010, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Dixon M Hall in connection with the storm sewer at 11700 Belden Court in the Southwest % of Section 28, more particularly described as The South 12' of the following described parcel, the South 42 0 feet of Lot 28 and all of Lot 29 and the North 20 0 feet of Lot 30 of the Belden Industrial Park Subdivision, T1SR.9E, City of Livonia, Wayne County Michigan as recorded in Liber 101, pages 99 and 100 of Wayne County Records the Council does hereby, for and on 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 Schwartz, seconded by Pastor, and unanimously adopted, it was #206-10 RESOLVED, that having considered a communication from the Department of Law, dated May 20, 2010, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Darren and Rachelle Pepple in connection with the development of a storm sewer at 15406 Ingram in the East 1/2 of Section 15, more particularly described as A twelve (12) foot easement for storm sewer described as the East 12 feet of the West 19 feet of the North 78 90 feet of Lot 670 and also the North 12 feet of the West 37 feet of Lot 670 and also the North 12 feet of the East 5 feet of Lot 671, of Supervisor's Livonia Plat No 10, being part of the East % of Section 15, T 1S R9E, Livonia Township (now City of Livonia) as recorded in Liber 66, Pages 61 thru 63, Wayne County Records the Council does hereby, for and on 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 June 9, 2010 37589 On a motion by Schwartz, seconded by Pastor, and unanimously adopted, it was #207-10 RESOLVED, that having considered a communication from the Department of Law, dated May 20, 2010, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Kenneth and Elizabeth Hitchcock in connection with the storm sewer at 15400 Ingram in the East 1/2 of Section 15, more particularly described as. A twelve (12) foot easement for storm sewer described as the East 12 feet of the West 19 feet of the South 78 90 feet of the North 157 80 feet of Lot 670 of Supervisor's Livonia Plat No 10, being part of the East /2 of Section 15, T 1S R9E, Livonia Township (now City of Livonia) as recorded in Liber 66, Pages 61 thru 63, Wayne County Records. the Council does hereby, for and on 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 Schwartz, seconded by Pastor, and unanimously adopted, it was #208-10 RESOLVED, that having considered a communication from the Department of Law, dated May 20, 2010, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Virgil and Kimber Lee Bohley in connection with the storm sewer at 17325 Purlingbrook Road in the Southwest 'A of Section 11, more particularly described as The East 25 feet of the following described parcel of land That part of the Southwest 1/4 of Section 11, T 1S , R 9E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the North and South 'A line of said Section 11, distant N 00°01'25" E 739 00 feet from the South 1/4 corner of Section 11 and proceeding thence N 00°01'25" E along said line 214 90 feet; thence S 89°51'10" W, 130 13 feet; thence S 00°01'42" E 214 89 feet; thence N 89°51'10" E 129 93 feet to the point of beginning except the North part thereof measuring 32 15 feet on the East line and 30 82 feet on the West Line (Bureau of Taxation Parcel 11DD1E1A) Regular Meeting Minutes of June 9, 2010 37590 the Council does hereby, for and on 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 Schwartz, seconded by Pastor, and unanimously adopted, it was #209-10 RESOLVED, that having considered a communication from the Department of Law, dated May 20, 2010, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by William A. and Mary Polinski in connection with the development of a new storm sewer being constructed at 36469 Ann Arbor Trail in the Southwest '/4 of Section 32, more particularly described as 12' Storm Sewer Easement. A 12 foot wide easement for storm sewer and surface drainage over part of Lot 752, Supervisor's Livonia Plat No 12, being part of the Southwest 1/4 of Section 32, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan as recorded in Liber 66 of Plats, Page 65, Wayne County Records, the centerline of said easement being more particularly described as commencing at a point on the Southeasterly line of said Lot 752, distant South 45° 12' 20" West 230 59 feet from the Northeasterly corner of Lot 752, thence North 48° 23' 25" West 162 77 feet; to the point of beginning, thence 9 09 feet to the point of ending the Council does hereby, for and on 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 Schwartz, seconded by Pastor, and unanimously adopted, it was #210-10 RESOLVED, that having considered a communication from the Department of Law, dated May 20, 2010, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by James Towne Offices in connection with the development of a water main at 37775 Pembroke in the Southeast '/ of Section 6, more particularly described as Regular Meeting Minutes of June 9, 2010 37591 A 12 00 foot wide easement for the installation and maintenance of a public water main across part of the Southeast % of Section 6, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan lying 6 00 feet each side of the center line which is described as beginning at a point distant S 00°05'40" E, 855 00 feet along the East line of said Section 6, and S 89°38'20" W, 1184 00 feet along a line parallel to the South section line and N 00'05'40" W, 275 00 feet and S 89°38'20" W, 98 00 feet and N 00°05'40" W 338 40 feet from the East 1/4 corner of Section 6, T 1 S , R. 9 E , and proceeding, thence S 89°13'10" W 268 00 feet to the center of an existing 8 inch water main and the point of ending of said easement. the Council does hereby, for and on 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 Schwartz, seconded by Pastor, and unanimously adopted, it was #211-10 RESOLVED, that having considered a communication from the Department of Law, dated May 20, 2010, approved for submission by the Mayor, transmitting for Council acceptance a Quit Claim Deed, more particularly described as Part of the Northwest 1/4 of Section 25, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, being more particularly described as follows Commencing at the Northwest corner of Section 25, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan and running thence S00°27'00"W along the West line of said Section 25, 1169 51 feet; thence S89°34'33"E, a distance of 60 00 feet to a point on the easterly line of Middlebelt Road (width varies), thence along the easterly line of Middlebelt Road, S00°27'00"W, 732 11 feet to the Point of Beginning, thence from said Point of Beginning S62°03'38"E, 180 40 feet; thence S27°56'22"W, 236 49 feet to a point on the easterly line of said Middlebelt Road, thence along said easterly line NO3°05'12"W, 232 98 feet; thence N45°45'07"W along said easterly line, 50 57 feet, thence N00°27'00"E along the East line of Middlebelt Road, said line being 60 00 feet East of, as measured at right angles to and parallel with the West line of said Section 25, a distance of 25 52 feet; to the Point of Beginning Containing 0 413 acre the Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid Quit Claim Deed, subject to approval as to form by the Department of Law; and the City Clerk is hereby requested to Regular Meeting Minutes of June 9, 2010 37592 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 Toy, and unanimously adopted, it was #212-10 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda A communication from the Department of Law, dated April 21, 2010, re Administrative response to CR 96-10 — requesting a timeline, proposed language and procedure for ballot placement re subject of combining the offices of the Clerk and Treasurer, was received and placed on file for the information of the Council (CR 97-10) A packet of information entitled "Exhibit A", received at the June 7, 2010 Economic Development, Community Outreach and Strategic Planning Committee, containing the Citywide Expense Reduction Measurers for the 2010 Budget as well as the communications from the Office of the Treasurer, Office of the City Clerk, Department of Finance and Department of Law concerning the proposed combination of offices of the Clerk and Treasurer, was received and placed on file for the information of the Council (CR 97-10) On a motion by Toy, seconded by Pastor, it was #213-10 RESOLVED, that having considered the report and recommendation of the Economic Development, Community Outreach and Strategic Planning Committee, dated June 7, 2010, submitted pursuant to Council Resolution 97-10, regarding the subject of combining the Clerk and Treasurer's Office, the Council does hereby determine to take no further action with regard to this matter A roll call vote was taken on the foregoing resolution with the following result: AYES Schwartz, Pastor, Meakin and Toy Regular Meeting Minutes of June 9, 2010 37593 NAYS Brosnan and Laura Vice President Laura declared the resolution adopted During Audience Communication, Cesar Ochoa, 14172 Arlene Lane, Belleville, MI, thanked Council and the Administration for their support and indicated he looked forward to serving the community and becoming an asset to the City when he opens a new Mexican restaurant, Las Palapas, located at the corner of Farmington Road and Plymouth Road On a motion by Pastor, seconded by Brosnan, and unanimously adopted, this 1,658th Regular Meeting of the Council of the City of Livonia was adjourned at 9 28 p m Terhy)A. Marecki, City Clerk