HomeMy WebLinkAboutCOUNCIL MINUTES 2013-01-14 38545
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND TWENTIETH
REGULAR MEETING OF JANUARY 14, 2013
On January 14, 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
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;
Todd Zilincik, City Engineer; Don Knapp, City Attorney; Terry Marecki, City Clerk; and
David Varga, Director of Administrative Services
On a motion by Pastor, seconded by Robinson, and unanimously
adopted, it was
#01-13 RESOLVED, that the Minutes of the 1,719th Regular
Meeting of the Council held December 19, 2012, are hereby approved
as submitted
Brosnan recognized Tom Wozniak for thirty (30) years of dedicated
service as President of the Old Rosedale Home Owners Association Brosnan
indicated Mr Wozniak has served as a "true" public servant as President of the only
designated historical neighborhood in Livonia and has volunteered countless hours as
a dedicated leader Brosnan presented Mr Wozniak with a commendation on behalf
of the Council and Mayor Kirksey and thanked him for his service and dedication to
the Livonia community
Tom Wozniak, 11407 Cranston, Livonia, thanked Council for the
recognition of serving the Old Rosedale Homeowners Association and the
commendation that was presented to him Mr Wozniak stated it has been an honor
working with his neighbors throughout the years and indicated he will continue to work
on various projects for the Association with regard to putting together historical
materials relative to the Rosedale Gardens neighborhood
Regular Meeting Minutes of January 14, 2013 38546
President Toy thanked Mr Wozniak for his many years of dedication to
his neighborhood and the Livonia community and for getting businesses along
Plymouth Road involved in the Old Rosedale Homeowners Association's events and
activities as well President Toy stated Mr Wozniak has excellent leadership skills
and wished he and his family well for the New Year
There was no Audience Communication at the beginning of the meeting
A communication from the Office of the Mayor, dated January 7, 2013,
re forwarding the Annual Report for the Fiscal Year 2011-2012, which reflects the
activities of the Livonia City Departments, Commissions and Boards, was received
and placed on file for the information of the Council
At the direction of the Chair, Agenda Item #1 was removed from the
Consent Portion of the Agenda
On a motion by Pastor, seconded by Kritzman, it was
#02-13 RESOLVED, that having considered the letter from the
President of the Livonia Anniversary Committee, Inc , dated November
14, 2012, requesting approval of the following items
1 The issuance of a permit to Wade Shows to conduct carnival
amusement rides at Ford Field and Veterans' Park, as part of this
year's SPREE-63 Celebration, on June 25, 26 and 27, 2013, from
2 00 p m to midnight and on June 28, 29 and 30, 2013, from
12 00 noon to midnight, subject to the City of Livonia, Livonia
Public Schools, the Livonia Hockey Association and the Livonia
Anniversary Committee, Inc being identified as additional
insureds on Wade Shows' general liability insurance policy;
2 Authorization of the Anniversary Committee to conduct a
fireworks display at Veterans' Park to be held on Sunday, June
30, 2013, at approximately 10 15 p m , which display will be
controlled by American Fireworks, Inc , subject to providing
liability insurance for this event and subject to the City of Livonia,
Livonia Public Schools, the Livonia Hockey Association and the
Livonia Anniversary Committee, Inc , being designated as
additional insureds on its policy;
3 Authorization of the Livonia Anniversary Committee to use and/or
lease the facilities at Ford Field, Eddie Edgar Arena (subject to
the terms of the existing lease between the Livonia Hockey
Association and the City of Livonia) and Veterans' Park during the
period of the SPREE-63 Celebration in accordance with the
Regular Meeting Minutes of January 14, 2013 38547
fees/waivers grid for events co-sponsored by the City of Livonia,
and
4 A waiver of all fees prescribed by ordinance or law with respect to
Items 2 and 3 above, as well as a waiver of all vendors' license
fees for community organizations and/or groups authorized to
participate in SPREE-63 by the Anniversary Committee,
the Council does hereby concur in and approve the foregoing requests,
and the City Clerk and all other appropriate City officials and agencies
are hereby requested to do all things necessary or incidental to the full
performance of this resolution
#03-13 RESOLVED, that having considered the letter from the
President of the Livonia Anniversary Committee, Inc , dated November
14, 2012, wherein it is requested that the following City streets be closed
to through traffic from 8 00 a m on June 24, 2013, through 12 00 noon
on July 1, 2013 (Monday to Monday)
Stark Road from the Family Y, 14255 Stark, to Lyndon
Lyndon from Farmington Road to Stark Road
the Council does hereby concur in and grant this request in the manner
and form herein submitted, FURTHER, the Council does hereby request
that Farmington Road be closed from the 1-96 overpass to Five Mile
Road on Sunday, June 30, 2013, between the hours of 5 30 p m and
11 30 p m or until the road is returned to normal traffic operation in
connection with the annual SPREE fireworks display, and does hereby
authorize the City of Livonia to assume liability for any damage claims
which may arise as a result of the road closure, and that Sgt. John Gibbs
is hereby designated and authorized to sign the road closure permit on
behalf of the City of Livonia, the action taken herein being made subject
to the approval of the Police Department, Fire Department and Wayne
County; and to the extent possible, SPREE is requested, in conjunction
with the Police Department, to do all things necessary to alleviate traffic
problems for the residents of Stoneleigh Village Subdivision during the
2013 Anniversary Celebration, including signs on the barricades
indicating "local business and residents only "
#04-13 RESOLVED, that having considered the letter from the
President of the Livonia Anniversary Committee, Inc , dated November
14, 2012, the Council does hereby approve of the request from the
Livonia Anniversary Committee, Inc for permission to display banners
advertising SPREE-63 on Farmington Road and Five Mile Road from
May 27, 2013, through June 30, 2013, and to display 4' X 8' signs at City
Hall and Ford Field from May 27, 2013, through June 30, 2013, at no
additional cost to SPREE, FURTHER, the Council does hereby permit
the Livonia Anniversary Committee, Inc to acknowledge supporters with
Regular Meeting Minutes of January 14, 2013 38548
banners and signage not to exceed 3' x 5' in size on Ford Field and the
ball diamonds only from June 22, 2013, to June 30, 2013, and the City
Clerk and all other appropriate City officials and agencies are hereby
requested to do all things necessary or incidental to the full performance
of this resolution
#05-13 RESOLVED, that having considered a communication from
the Fire Chief, dated September 20, 2012, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the quote of Douglass Safety Systems, LLC,
2655 N M-50, Suite #6, Sanford, Michigan 48657, in the amount of
$30,354 00 for supplying the Fire Department with an Integrated
Electronic Firefighter Tracking System (ISI EchoTracer System),
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $6,070 80 from Account No 401-000-979-000
(Capital Projects - Equipment) to fund the City's share (20% of the total
project cost) of the purchase, FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $24,283.20 from
Account No 223-639-528-669 (the Federal share through the DHS
Assistance to Firefighters Grant) for this purpose, FURTHER, the
Council does hereby authorize the purchase of said items without
competitive bidding in accordance with Section 3 04 140 D 4 of the
Livonia Code of Ordinances, as amended, and the City Clerk is hereby
requested to do all other things necessary or incidental to the full
performance of this resolution
#06-13 RESOLVED, that having considered a communication from
the Fire Chief, dated December 13, 2012, which bears the signature of
the Finance Director and the City Attorney and is approved for
submission by the Mayor, to which is attached a proposed Delegation
Agreement between the State of Michigan Department of Licensing and
Regulatory Affairs, Bureau of Fire Services and the City of Livonia, the
Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute the attached Agreement and to
do all other things necessary or incidental to the full performance of this
resolution, FURTHER, the Council does hereby authorize the Livonia
Fire and Rescue Division to conduct inspections of consumer fireworks
retail sales facilities in accordance with MCL 28 470
#07-13 RESOLVED, that having considered the report and
recommendation of the Interim Superintendent of Parks and Recreation,
dated December 5, 2012, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, to which is
attached a communication from B & B Pools and Spas, dated December
4, 2012, wherein it is indicated that B & B Pools and Spas has offered to
extend their current contract price through December 31, 2013, the
Council does hereby authorize the purchase of 300 buckets of pulsar
briquettes from B & B Pools and Spas, 29440 Six Mile Road, Livonia,
Regular Meeting Minutes of January 14, 2013 38549
Michigan 48152, for a price of $105 00 per bucket for a total price of
$31,500 00 for use at the Community Recreation Center, Botsford,
Clements Circle and Shelden Pools, with the understanding that such
price per bucket will remain in place through December 31, 2013,
FURTHER, the Council does hereby authorize an expenditure in the
amount of $31,500 00 ($18,900 00 from Account No 208-755-743-000 —
Community Center; $5,040 00 from Account No 208-720-743-000 —
Botsford, $5,040 00 from Account No 208-721-743-000 — Clements
Circle, and $2,520 00 from Account No 208-722-743-000 — Shelden)
from funds already budgeted for this purpose, FURTHER, the Council
does hereby authorize the said purchase without competitive bidding for
the reasons indicated in the aforesaid communication, and such action is
taken in accordance with the provisions set forth in Section 3 04 140 D 4
of the Livonia Code of Ordinances, as amended
#08-13 RESOLVED, that having considered the report and
recommendation of the Interim Superintendent of Parks and Recreation,
dated December 12, 2012, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby accept the unit price bid of ID Enterprises, 32788 Five Mile Road,
Livonia, Michigan 48154, for design (cover and typesetting), three
proofs, editing, printing and sorting of the "L" Magazine, at the unit prices
specified in the attachment to the aforesaid communication per issue for
the estimated cost of $43,000 00 per contract year, for a two year period
from April, 2013, to March, 2015, said estimated cost and unit prices
having been in fact the lowest bid received and meets all specifications,
FURTHER, the Council does hereby authorize the expenditure of an
amount not to exceed $43,000 00 per contract year from funds budgeted
in Account No 101-707-904-000 (Parks and Recreation) and Account
No 208-755-905-000 (Community Recreation) for this purpose
#09-13 RESOLVED, that having considered the report and
recommendation of the Interim Superintendent of Parks and Recreation,
dated December 12, 2012, 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 Advantage Marketing Solutions, LLC, 39500
Orchard Hill Place, Suite 155, Novi, Michigan 48375, for ad solicitation
for the "L" Magazine for a two year period commencing April, 2013,
through March, 2015, FURTHER, the Council does hereby authorize the
Mayor and City Clerk to execute a contract for and on behalf of the City
of Livonia with the aforesaid bidder and to do all other things necessary
or incidental to the full performance of this resolution
#10-13 RESOLVED, that having considered a communication from
the Superintendent of Public Service - Environment & Utilities and
Director of Public Works, dated December 18, 2012, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, the Council does hereby accept the bid of Wolverine Freightliner-
Regular Meeting Minutes of January 14, 2013 38550
Westside, 3000 William, Ypsilanti, Michigan 48198, for supplying the
Public Service Division with three (3) 2012 Single Axle Dump Trucks,
Freightliner Model 1085D, for a total price of $499,290 00, the same
having been the lowest bid submitted which meets all specifications,
FURTHER, the Council does hereby authorize an expenditure in the
amount not to exceed $499,290 00 from funds budgeted in Account No
401-000-985-000 (Capital Outlay) for this purpose, FURTHER, the bid of
Tri-County International Trucks, Inc is hereby rejected for the reasons
indicated in the aforesaid communication, FURTHER, the Council does
hereby determine that the old 1995 and 1996 dump trucks shall be
considered surplus property and shall be placed up for bid on MITN
#11-13 RESOLVED, that having considered a communication from
the Superintendent of Public Service — Operations and the Director of
Public Works, dated December 19, 2012, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby approve the lease of five (5) acres of City-owned
property located at 32700 Glendale Avenue as requested by Mid-
Michigan Recycling, L.0 , G-5310 N Dort Highway, Flint, Michigan
48505 ("Mid-Michigan"), to grind specific biomass for disposal and
transfer woodchip material to an out-source location for a period of two
(2) years commencing February 25, 2013 (with an option to renew for an
additional two year period), subject to the conditions that Mid-Michigan
1 Provide a Certificate of Insurance on all contractor operations,
2 Seek and receive all permits required from the State of Michigan,
the City of Livonia, and other governmental entities as required,
3 Enforce the City of Livonia's strict policy of no hunting and no
trespassing, noting all violations and advising violators to quit the
premises forthwith,
4 Hold harmless the City and its agents for wrongdoing occurring on
the site that are the direct result of the contractor's occupancy;
5 Provide all grinding equipment, support equipment and personnel
necessary and grind in a timely manner all waste wood delivered
to the premises,
6 Retain total dispensation of all tree material entering the
premises,
7 Secure the site as directed by the Department of Public Works,
8 Remove any tracked out material on Glendale Road as requested
by Department of Public Works personnel,
Regular Meeting Minutes of January 14, 2013 38551
9 Keep the premises dust free in accordance with the permit issued
by the Wayne County Health Department Air Pollution Control
Division,
ki
i.. 10 Abide by all existing laws and regulations, both local and State,
pertaining to contamination, erosion, siltation and pollution of
watercourses,
11 Abide by all local ordinances,
12 Pay $3,620 00 per month to the City beginning with the
commencement date of activities for duration of the Agreement;
13 Accept and dispose of wood waste from the City, and contractors
working for the City, at no charge, and
14 Upon completion of activities, restore all disturbed ground by
leveling and seeding to the City of Livonia's satisfaction
FURTHER, the 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 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 roll call vote was taken on the foregoing resolutions with the following result:
AYES Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy
NAYS None
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 9 02 OF ARTICLE IX OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-03-06-06)
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
Regular Meeting Minutes of January 14, 2013 38552
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 9 03 OF ARTICLE IX OF
tio
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-03-06-06)
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
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 10 02 OF ARTICLE X OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-03-06-07)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Pastor, Robinson, Brosnan, Katzman, McCann, and Toy
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 10 03 OF ARTICLE X OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-03-06-07)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy
Regular Meeting Minutes of January 14, 2013 38553
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 11 02 OF ARTICLE XI OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE." (Petition 2012-03-06-08)
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
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 11 03 OF ARTICLE XI OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-03-06-08)
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
An e-mail communication from Sarah Garchar, dated January 7, 2013,
re a request for sidewalk extension on the south side of Ann Arbor Trail from Dowling
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 the purposes of discussing litigation matters and
attorney/client privileged communications in connection with pending
1 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, Kritzman, 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 1/4 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, LP , in connection with the development
of a water main constructed at the Kohl's at Livonia Marketplace for the
property located in the Southeast 1/4 of Section 2, more particularly
described as
(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 1/4 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
/1-1.4t,L ' e / c
Terry A.)Marecki, City Clerk
38559
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND TWENTY FIRST
REGULAR MEETING OF JANUARY 28, 2013
On January 28, 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 Robinson led the meeting with the Pledge of Allegiance
Roll was called with the following result: Thomas Robinson, Maureen
Miller Brosnan, Brandon Katzman, James McCann, Joe Laura, John Pastor, and
Laura Toy Absent: None
Elected and appointed officials present: Mark Taormina, City Planner;
Judy Priebe, Technical Specialist; Kevin Maillard, Director of Public Works, Don
Knapp, City Attorney; Terry Marecki, City Clerk, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Robinson it was
#19-13 RESOLVED, that the Minutes of the 1,720th Regular
ti,,,,,,, Meeting of the Council held January 14, 2013, are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Brosnan, Katzman, McCann, Pastor, and
Toy
NAYS None
ABSTAIN Laura *
*Laura abstained from voting, which is recorded as a "yes" vote under the provisions
of Section 2 04 190B of the Livonia Code of Ordinances
President Toy declared the resolution adopted
Robinson wished his grandmother, Stella Robinson, a Happy 100th
birthday Robinson indicated his grandmother's birthday is on January 29th and his
family and friends celebrated her birthday on Sunday at a gathering Robinson stated
his grandmother is his best cheerleader and expressed his love for her
Regular Meeting Minutes of January 28, 2013 38560
McCann extended Happy Birthday wishes to Robinson's grandmother,
Stella Robinson, as well
President Toy announced February is the "National Go Red for Women"
campaign sponsored by the American Heart Association to raise awareness of heart
disease and its effects on women President Toy indicated heart disease is the
number one killer of women in America and encouraged all to participate in this worthy
national campaign President Toy also announced Awrey Bakery will be closing and
will be greatly missed in the community and indicated it was sad to see a longtime
Livonia business close
President Toy announced there would be four (4) public hearings to be
held on Monday, February 4, 2013, at 7 00 p m in the Auditorium of City Hall, 33000
Civic Center Drive, Livonia, Michigan
Application for Industrial Facilities Exemption Certificate Robert A.
Sakuta, Delta Research Corporation, re for new equipment being
installed at 32971 Capitol, Livonia, MI 48150 (Industrial Development
Overlay District#109),
Application for Industrial Facilities Tax Exemption Certificate Robert A.
Sakuta, Delta Gear, Inc , re for new equipment being installed at 36251
Schoolcraft, Livonia, MI 48150 (Industrial Development Overlay District
#110),
Petition 2012-11-06-11 submitted by the City Planning Commission,
pursuant to Council Resolution 444-12 and Section 23 01(a) of the
Livonia Zoning Ordinance No 543, as amended, proposing to amend
Section 18 42A (Wireless Communication Facilities) of Article XVIII,
Definitions, in order to provide for the regulation of wireless
communication equipment in accordance with Act No 143 of the Public
Acts of 2012, as amended, and
Petition 2012-10-01-06 submitted by RJ Realty Holding Company,
L L.0 , to rezone the properties at 37450 and 37478 Schoolcraft Road,
located on the north side of Schoolcraft Road between Newburgh Road
and Richfield in the Southeast Y4 of Section 19, from OS (Office
Services) and RUF (Rural Urban Farm) to C-2 (General Business)
McCann offered congratulations to attorney Paul Bernier, newly
appointed Assistant City Attorney for the Law Department. McCann indicated he has
known Mr Bernier for many years and he had an outstanding career with the Wayne
County Prosecutor's Office before going in to private practice and is a longtime Livonia
resident. McCann indicated Mr Bernier brings a wealth of knowledge to his new
position with the City and will be a great asset to have in this capacity
There was no Audience Communication at the beginning of the meeting
Regular Meeting Minutes of January 28, 2013 38561
On a motion by Robinson, seconded by Pastor, it was
A communication from the Office of the City Clerk, dated January 7,
2013, re forwarding a communication from the Secretary of the Board of Education,
re collection of the 2013 taxes for the Livonia Public School District dated December
18, 2012, was received and placed on file for the information of the Council
#20-13 RESOLVED, that having considered a communication from
the Assistant City Assessor, dated December 20, 2012, 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
2013, 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 5, 2013 Organizational Meeting 9.00 am -1 00 p m.
Wednesday March 6, 2013 9.00 a.m. - 12:00 p m. 1 30 p m -4.00 p m.
Thursday March 7, 2013 9100 a.m. - 12.00 p m 1 30 p m -4 00 p m
Friday March 8, 2013 9 00 a.m. - 12.00 p.m. 1 30 p m -4 00 p.m.
SECOND SESSION
Monday March 11, 2013 9'00 a.m. - 12.00 p m. 1 30 p m -4.00 p m.
Tuesday March 12, 2013 9.00 a m - 12.00 p m 2 00 p m -7 00 p m
Thursday March 14, 2013 9.00 a.m. - 12:00 p m. 2:00 p in -7'00 p.m.
Friday March 15, 2013 9 00 a.m - 12.00 p m. 1 30 p m -4 00 p m
Monday March 18, 2013 9.00 a.m. - 12.00 p.m. 1 30 p.m. -4 00 p.m.
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 2013
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 60 00 1 0000
A roll call vote was taken on the foregoing resolutions with the following result:
Regular Meeting Minutes of January 28, 2013 38562
AYES Robinson, Brosnan, Kritzman, McCann, Laura, Pastor, and
Toy
NAYS None
A handout from Michael Mackey of TriStar Investors, Inc., dated
December 10, 2012, re Cell Tower Opportunity in relation to the subject of Livonia
Tomorrow, was received and placed on file for the information of the Council (CR 35-
12)
A communication containing handouts from Wade Trim Associates,
received at the Economic Development, Community Outreach and Strategic Planning
Committee meeting of December 12, 2012, re information on visioning projects
performed and additional information on Livonia's visioning project in relation to the
subject of Livonia Tomorrow, was received and placed on file for the information of the
Council (CR 35-12)
A handout from Houseal Lavigne Associates, L.L.0 , received at the
Economic Development, Community Outreach and Strategic Planning Committee
meeting of December 12, 2012, entitled "Livonia Tomorrow Potential Funding
Sources" in relation to the subject of Livonia Tomorrow, was received and placed on
file for the information of the Council (CR 35-12)
A report entitled "Livonia 2000, the Challenge Today is Planning for
Tomorrow", dated December 11, 1986, received at the Economic Development,
Community Outreach and Strategic Planning Committee meeting of December 12,
2012, in relation to the subject of Livonia Tomorrow, was received and placed on file
for the information of the Council (CR 35-12)
On a motion by Laura, seconded by Brosnan, it was
Regular Meeting Minutes of January 28, 2013 38563
#21-13 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, submitted pursuant to Council
Resolution No 35-12 regarding the subject of Livonia Tomorrow, the
Council does hereby authorize the Administration to enter into contract
negotiations with Houseal Lavigne Associates, L.L.0 , 134 N LaSalle
Street, Suite 1100, Chicago, Illinois 60602, for creating a community
visioning project for the City of Livonia, FURTHER, the Council does
authorize an expenditure not to exceed $50,000 00 from funds budgeted
in Account No 101-805-818-800 (C/S Livonia Tomorrow) for this
purpose, and the Mayor and City Clerk are hereby authorized to execute
a contract for and on behalf of the City of Livonia with the aforesaid
company and do all other things necessary or incidental to the full
performance of this resolution, FURTHER, the Council does hereby
authorize such action without competitive bidding in accordance with
Section 3 04 140(D)(2) of the Livonia Code of Ordinances, as amended
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Brosnan, Kritzman, Laura, and Toy
NAYS McCann and Pastor
The President declared the resolution adopted
Laura indicated the subject matter of Livonia Tomorrow will remain in the
Economic Development, Community Outreach, and Strategic Planning Committee for
further discussion by the Committee as the visioning project for the City progresses
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 310 OF TITLE 6, CHAPTER 04
(DOGS) 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
Robinson gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 210 OF TITLE 6, CHAPTER 06
(CATS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
Regular Meeting Minutes of January 28, 2013 38564
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
There was no Audience Communication at the end of the meeting
On a motion by Brosnan, seconded by McCann, and unanimously
adopted, this 1,721st Regular Meeting of the Council of the City of Livonia was
adjourned at 7 29 p m
/J-efa-
Terry(&.)Marecki, City Clerk