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HomeMy WebLinkAboutCOUNCIL MINUTES 2013-03-11 38583 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND TWENTY FOURTH REGULAR MEETING OF MARCH 11, 2013 On March 11, 2013, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 7 00 p m Vice President Pastor led the meeting with the Pledge of Allegiance with the assistance of Boy Scout Troop #271 from St. Michael's of Livonia and Troop #1382 from St. Priscilla's of Livonia Roll was called with the following result: John Pastor, Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, James McCann, and Laura Toy Absent: Joe Laura Elected and appointed officials present: Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Terry Marecki, City Clerk, Don Knapp, City Attorney; and Mayor Jack Kirksey On a motion by Robinson, seconded by McCann, and unanimously adopted, it was #50-13 RESOLVED, that the Minutes of the 1,723rd Regular Meeting of the Council held February 25, 2013, are hereby approved as submitted Robinson announced the 26th Annual Bowling for Braille Books for the Seedlings organization is set for Saturday, March 23, 2013, starting at 1 00 p m at Plaza Lanes in Plymouth located at 42001 Ann Arbor Road Robinson stated if residents are interested in obtaining more information to contact him at the Council office at (734) 466-2251 or residents can visit their website at www.seedlings org Pastor extended Happy Birthday wishes to his sisters-in-law, Connie and Sharon, and to his brother, Craig, as well Katzman congratulated the City of Livonia for hosting another successful Blood Drive for the American Red Cross Blood Drive at the Recreation Center earlier in the day Kritzman stated the Blood Drive was a huge success and thanked all City employees and residents who participated Regular Meeting Minutes of March 11, 2013 38584 Brosnan thanked Girl Scout Troop #704 from Buchanan Elementary for inviting her to speak at a recent meeting they hosted to work on a merit badge relative to "Girl Power" Brosnan indicated there is a great need for great women in elected political offices and it was an exciting talk shared with the Troop Brosnan also congratulated her daughter, Marie, who marched in the Court of St. Brigid in the Detroit St. Patrick's Day 55th Annual Parade on Sunday, March 10th Brosnan stated her daughter was also awarded a monetary educational scholarship for her win on the St. Brigid Court. President Toy offered congratulations to Mayor Kirksey for his diligent efforts in assisting Awrey Bakeries and all those who helped keep Awrey Bakeries open President Toy stated it was a relief to all within the community and to others throughout the State President Toy also announced she and her business partner, Colleen, celebrated a 35th anniversary in their business, Cardwell Florist. President Toy stated their business was recently recognized on Channel 4 WDIV news as the number one florist shop in the metropolitan area which was a great honor and thanked her business partner, her dedicated employees, and all members of the community who patroage her business for their support. President Toy announced a public hearing to be held on Monday, March 18, 2013, at 6 30 p m in the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, Michigan To consider an amendment to the Brownfield Plan and Reimbursement Agreement, for Livonia Marketplace, located on the Northwest corner of Seven Mile and Middlebelt Roads, as submitted from Livonia Phoenix, L.L.0 to the Brownfield Redevelopment Authority of the City of Livonia During Audience Communication, newly elected State Representative David Knezek, Jr , of the 11th District, was present to introduce himself to Council and Livonia residents Mr Knezek indicated his District includes the cities of Garden City and Inkster, together with parts of Dearborn Heights, Livonia and Westland Mr Knezek indicated he has served our country as a Marine and did two tours of duty in Iraq and is the youngest member of the Democratic caucus Mr Knezek stated he wants to remain in Michigan and raise a family here and that is why he became involved in politics while attending the University of Michigan-Dearborn Mr Knezek welcomed any resident or Council questions and provided his personal cell number of (313) 854-0161 Mr Knezek concluded by indicating he hosts monthly "Coffee Hours" to provide updates to citizens the first Monday of each month at the Bigby Coffee located on Middlebelt Road, just south of Joy from 10 00 a m to 11 30 a m On a motion by Pastor, seconded by Kritzman, it was #51-13 RESOLVED, that having considered a letter from 0 J Lenze II, Grand Knight, Knights of Columbus, dated February 16, 2013, requesting to designate March 22, 2013, through March 24, 2013, as "Knights of Columbus Help People With Intellectual Disabilities Days" in the City of Livonia, the Council does hereby take this means to Regular Meeting Minutes of March 11, 2013 38585 designate March 22, 2013, through March 24, 2013, as "Knights Of Columbus Help People With Intellectual Disabilities Days" in the City of Livonia, said action to coincide with their annual Tootsie Roll Fund Drive which takes place at area businesses #52-13 WHEREAS, in 1872, J Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving up paper, wood for our homes, fuel for our fires, and countless other wood products, and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, and iiih. WHEREAS, Livonia has been recognized as a Tree City USA by The National Arbor Day Foundation for the last fourteen years and desires to continue its tree-planting practices NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members of the City Council of the City of Livonia hereby proclaim Friday, April 26, 2013, as Arbor Day in the City of Livonia, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, we urge all citizens to plant trees to promote the well-being of this and future generations, and we invite citizens to join in the commemoration of Arbor Day planned by the Tree City Committee at Roosevelt Elementary School at 1 30 p m on April 26, 2013 BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Rick Snyder, State Senator Glen Anderson, State Representative John Walsh, State Representative David Knezek, the Michigan Municipal League State and Federal Affairs Division, and the Conference of Western Wayne Regular Meeting Minutes of March 11, 2013 38586 #53-13 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 9, 2013, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with aggregate materials specified at the unit prices bid for the 2013 calendar year requirements 1 Ellsworth Industries, P O. Box 5366, Plymouth, MI 48170 MDOT —2NS — Natural Sand — D T Y $ 9 80 per ton Ag-Lime — "Parks" — D T Y 15.25 per ton 2 Freeport Supply Co., 20091 Pennsylvania, Brownstown, MI 48193 MDOT - 21AA— Limestone — D T Y $ 10 20 per ton MDOT —22A— DTY 850 per ton WCDPS —22X— DTY 690 per ton 60-40 Washed — Conc Aggregates — D T Y 11 50 per ton Pea Gravel — DTY 12 25 per ton 1" to 3" Crushed Concrete — D T Y 8 25 per ton MDOT —6A Natural Stone — D T Y 11 00 per ton 36" Boulders — D T Y 48 00 per ton 8" — 16" Limestone — D T Y 20 49 per ton 3 Hayball Transport, Inc., 12550 Farmington, Livonia, MI 48150 MDOT — Classl — DTY $ 10 60 per ton M D O T— Class lI — DTY 5 85 per ton M D 0 T — 2MS — Mortar Sand D T Y 9 10 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with the materials specified at the unit prices bid for the 2013 calendar year requirements 1 Ellsworth Industries, P.O Box 5366, Plymouth, MI 48170 MDOT —21AA— Limestone — DTY $ 10 74 per ton MDOT —22A— Mortar Sand - DTY 874 per ton MDOT — Classl) - DTY 598 per ton 2 Freeport Supply Co , 20091 Pennsylvania, Brownstown, MI 48193 W C D P S — 30A (Blast Furnace Slag) — DTY $ 13 50 per ton MDOT — Class I — DTY 11 50 per ton Regular Meeting Minutes of March 11, 2013 38587 3 Hayball Transport, Inc , 12550 Farmington, Livonia, MI 48150 W C D P S —22X— DTY $ 7 05 per ton M DOT —2NS — Natural Sand — DTY 9 83 per ton Pea Gravel — DTY 13 33 per ton 1" to 3" Crushed Concrete— D T Y 8 60 per ton M D O T —6A— Natural Stone— DTY 11 83 per ton 8" — 16" Limestone - D T Y 20 50 per ton 4 North Star Ranch, 3575 W. Grand River, Howell, MI 48855 60-40 Washed — Conc Aggregates — D T Y $ 12 50 per ton 36" Boulders — D T Y 55 00 per ton 5 Target Trucking LLC, 2149 Fyke Drive, Milford, MI 48381 M D O T —2MS — Mortar Sand — D T Y $ 9 83 per ton FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 101-463-782-000 (Roads Maintenance Section) for this purpose #54-13 RESOLVED, that having considered a communication from the City Engineer, dated February 1, 2013, which bears the signature of the Director of Finance, the Director of Public Works and the City Attorney, and is approved for submission by the Mayor, concerning the inclusion in the Local Street System, for Act 51 revenue computation purposes, of the following street: Curtis Court (Starting and ending at eastbound Curtis Road) (Additional) Length 305 77 ft. Termini Eastbound Curtis Road Curtis Court (60' R 0 W ) The centerline legal description for Curtis Court, a 60 foot wide public Right-of-Way, being part of Curtis Creek Site Condominiums, part the S E '/ of Section 11, T1 S, R9E, City of Livonia, Wayne County, Michigan, described as beginning at a point distant N89°56'51"W, 1,416 95 feet, and S00°00'00"W, 43 0 feet from the east 1/ corner of Section 11 to the point of beginning, thence S00°00'00"W, 78.24 feet, thence S34°32'25"E, 54 12 feet, thence 84 18 feet along a curve to the right (radius 38 39 feet, central angle 125°38'04", chord bears S27°10'58"W, 68 3 feet), thence S90°00'00"W 49 5 feet, thence Regular Meeting Minutes of March 11, 2013 38588 S74°35'31''W, 39 73 feet to the point of ending Having a total length of 305 77 feet Location S E V4 of Section 11 the Council does hereby authorize the City Engineer, acting as the Street Administrator, to apply to the Michigan Department of Transportation for the inclusion of said street in the City's Local Street System for purposes of computing the City's share of Act 51 revenues, AND BE IT FURTHER RESOLVED THAT the said street is an approved public street and is open for public purposes, and FURTHER, that said street is accepted into the City's Local Street System and is located within a right-of-way under the control of the City of Livonia, and that said street was open to the public as of December 31, 2012 #55-13 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 15, 2013, which bears the signature of Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, regarding an additional appropriation and expenditure for additional work required in connection with the 2012 Water Main Improvement Project, Contract 12- M, previously authorized in Council Resolution 362-12, adopted on August 29, 2012, the Council does hereby appropriate and authorize the expenditure of the additional amount of $125,000 00 from Account No 592-158-000 (Construction In Progress) to be paid to Lawrence M Clark, Inc , 50850 Bemis Road, Belleville, Michigan 48111, FURTHER, the Council does hereby appropriate and authorize the expenditure of $1,500 00 from Account No 101-441-818-005 to be paid to Northwest Consultants, Inc , 6215 Canton Center Road, Suite 301, Canton, Michigan 48187, for construction staking, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary #56-13 RESOLVED, that having considered a communication from the City Planning Commission, dated January 31, 2013, which transmits its resolution 01-03-2013, adopted on January 29, 2013, with regard to Petition No 2013-01-08-01, submitted by John Del Signore, requesting site plan approval in connection with a proposal to construct an addition to the existing banquet hall (Laurel Manor), located on the north side of Schoolcraft Road between 1-96 Expressway and Eckles Road (39000 Schoolcraft Road) in the Southwest 1/4 of Section 19, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2013-01-08-01 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of March 11, 2013 38589 1 That the Plan marked A-1 dated November 30, 2012, as revised, prepared by Donald A. DiComo, Architect, is hereby approved and shall be adhered to, 2. That the Elevations Plan marked A-4 dated November 30, 2012, as revised, prepared by Donald A. DiComo, Architect, is hereby approved and shall be adhered to, 3 That the specific plans referenced in this approved resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 4 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolutions with the following result: AYES Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy NAYS None A communication from Nicholas M Shango, dated March 5, 2013, re requesting proposal to redevelop the Nicholas Plaza shopping center at 13820-13840 Merriman Road and 31281 Schoolcraft Road be postponed until Council Regular meeting of March 27, 2013, was received and placed on file for the information of the Council (Petition 2012-06-08-05) At the direction of the Chair, Agenda Item #7 regarding the proposal to redevelop the Nicholas Plaza shopping center was moved to the next Regular Meeting of Council to be held March 27, 2013 (Petition 2012-06-08-05) A communication from the Department of Law, dated January 15, 2013, re analysis of proposed TriStar Agreements with regard to the subject matter of Livonia Tomorrow, was received and placed on file for the information of the Council (CR 302-12) Regular Meeting Minutes of March 11, 2013 38590 A communication from TriStar, dated February 19, 2013, entitled "TriStar Cell Tower Opportunity" with regard to the subject matter of Livonia Tomorrow, was received and placed on file for the information of the Council (CR 302-12) A communication from Unison entitled "Converting Wireless Leases into Lasting Value", received at the Finance, Budget and Technology Committee meeting of February 19, 2013, with regard to the subject matter of Livonia Tomorrow, was received and placed on file for the information of the Council (CR 302-12) On a motion by Robinson, seconded by Brosnan, and unanimously adopted, it was #57-13 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated February 19, 2013, submitted pursuant to Council Resolution No 302-12, regarding the subject of Livonia Tomorrow — Funding, the Council does hereby request that the Administration draft a Request for Proposals for the Rotary Park Cellular Tower Lease, expiring in 2014, and that such Request for Proposals be forwarded to the Committee for its review within 30 days prior to final submission On a motion by Robinson, seconded by Brosnan, and unanimously adopted, it was #58-13 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated February 19, 2013, submitted pursuant to Council Resolution No 302-12, regarding the subject of Livonia Tomorrow — Funding, the Council does hereby request that the Administration provide copies of all existing cellular tower lease agreements to the Committee for further discussion An email communication from Joe Neussendorfer, dated February 21, 2013, containing an article entitled "To Tackle Runoff, Cities Turn to Green Initiatives" reported in the "Yale Environment 360" publication of January 24, 2013, was received and placed on file for the information of the Council (CR 13-12) Regular Meeting Minutes of March 11, 2013 38591 A communication from the Engineering Department, presented at the Infrastructure and Community Transit Committee meeting of February 20, 2013, including the letter from MDEQ dated February 23, 2012, was received and placed on file for the information of the Council (CR 13-12) On a motion by Brosnan, seconded by McCann, and unanimously adopted, it was #59-13 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated February 20, 2013, submitted pursuant to Council Resolution No 13-12, regarding the subject of flood prevention and the related Ordinance, the Council does hereby determine to take no further action with respect to this matter A communication from Orchard, Hiltz & McCliment, Inc , dated January 29, 2013, re FY 2012 State Revolving Fund (SRF) Project No 5543-01 with regard to the Sanitary Sewer Master Plan, was received and placed on file for the information (CR 51-11) Brosnan provided a verbal update on the subject of the FY 2012 State Revolving Fund (SRF) Project Plan and Sanitary Sewer Master Plan and indicated the subject will remain in the Infrastructure and Community Transit Committee at this time (CR 51-11) Pastor gave first reading to the following Ordinance AN ORDINANCE ADDING SECTION 120 TO TITLE 9, CHAPTER 30 (NARCOTIC AND DANGEROUS SUBSTANCES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming Regular meeting Regular Meeting Minutes of March 11, 2013 38592 Robinson took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 42A OF ARTICLE XVIII OF eiro ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2012-11-06-11) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #60-13 RESOLVED, that having considered a communication from Dean DeVonce, dated February 7, 2013, and the report and recommendation of the City Engineer, dated February 21, 2013, approved for submission by the Mayor, requesting a waiver of the sidewalk requirement in front of the new construction located at 9026 Hartel, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the future A communication from the Engineering Division, dated March 1, 2013, re proposed sidewalk extension on Ann Arbor Trail from Dowling Avenue to Rosedale Elementary and prepared Special Assessment report for same, was received and placed on file for the information of the Council (CR 470-12) An email communication from Bryan Garchar, dated March 11, 2013, re proposed sidewalk extension on Ann Arbor Trail from Dowling Avenue to Rosedale Regular Meeting Minutes of March 11, 2013 38593 Elementary, was received and placed on file for the information of the Council (CR 470-12) On a motion by Brosnan, seconded by Robinson, and unanimously adopted, it was #61-13 RESOLVED, that the Council having considered a communication from the City Engineer, dated March 1, 2013, which bears the signature of the Director of Public Works and the Finance Director, is approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of missing sidewalk on the south side of Ann Arbor Trail from Rosedale School heading east to Dowling Avenue in Section 32, City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefore and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by single lot assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer under date of March 1, 2013, and that there has been a full compliance with all of the provisions of Section 3 08 060 and Section 3 08 150 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, April 15, 2013, at 7 00 p m as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 150B of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 150B of said Code A communication from the Department of Law, dated March 8, 2013, re to provide clarification as to what type of merchandise will be displayed in the outdoor display area of the property located on the north side of Plymouth Road between Merriman Road and Sears Drive (30650 Plymouth Road), was received and placed on file for the information of the Council (Petition 2012-12-02-30) Regular Meeting Minutes of March 11, 2013 38594 On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #62-13 RESOLVED, that having considered a communication from a"' the City Planning Commission, dated January 31, 2013, which transmits its resolution 01-01-2013, adopted on January 29, 2013, with regard to Petition No 2012-12-02-30 submitted by Allstate Billiards & Spas requesting waiver use approval to expand the outdoor display area on property located on the north side of Plymouth Road between Merriman Road and Sears Drive (30650 Plymouth Road) in the Southwest '/ of Section 26, which property is zoned C-2 and M-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2012-12-02-30 is hereby approved and granted, subject to the following conditions 1 That the outdoor display of merchandise shall be confined to the area designated for that purpose and conducted in accordance with the layout as shown on the plans submitted by Allstate Billiards & Spas dated December 28, 2012, 2 That the outdoor display of merchandise shall be conducted in an orderly manner, and all landscape features and materials installed in the outdoor display area shall be properly maintained, 3 That the entire display area shall be enclosed by a six foot (6') high decorative black metal fence, similar in design to the enclosure gate that currently extends across the front of the existing display area, 4 That the outdoor display of merchandise shall be limited to pools, outdoor furniture and other patio furniture, 5 That the issues as outlined in the correspondence dated January 25, 2013, from the Assistant Director of Inspection shall be resolved to the satisfaction of the Inspection Department; 6 That the outdoor display of merchandise shall be permitted year round, provided that an extension of the time period as specified in Section 11 03(L)(1) of the Zoning Ordinance is granted by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; 7 Should the petitioner discontinue the use of this area for outdoor display for a period of six months, the area shall be restored back to its pre-existing condition, which includes removal of the fence and repairs to the parking lot, including striping, to the satisfaction of the Planning Department and Inspection Department; Regular Meeting Minutes of March 11, 2013 38595 8 Approval is contingent upon payment by March 26, 2013, of any outstanding water and sewer charges, real and personal property taxes, false alarm fees, inspection fees, and any other outstanding receivables, including any and all penalties, interest and late charges due and owing to the City of Livonia, 9 That a fully detailed landscape plan shall be submitted for approval of the Planning Department within sixty (60) days following approval of this petition by the City Council, and 10 That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Zoning Compliance Permit. On a motion by Pastor, seconded by McCann, it was #63-13 RESOLVED, that having considered a communication from the City Planning Commission, dated January 31, 2013, which transmits its resolution 01-01-2013, adopted on January 29, 2013, with regard to Petition No 2012-12-02-30 submitted by Allstate Billiards & Spas requesting waiver use approval to expand the outdoor display area on property located on the north side of Plymouth Road between Merriman Road and Sears Drive (30650 Plymouth Road) in the Southwest 1/4 of Section 26, which property is zoned C-2 and M-1, the Council does hereby waive Section 11 03(L)(1) of Zoning Ordinance No 543, as amended, in connection with the approval of waiver use Petition 2012- 12-02-30, and the outdoor display of merchandise year round shall be permitted A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy NAYS None The President declared the resolution adopted On a motion by Robinson, seconded by Katzman, and unanimously adopted, it was #64-13 RESOLVED, that having considered a communication from the City Planning Commission, dated January 31, 2013, which transmits its resolution 01-02-2013, adopted on January 29, 2013, with regard to Petition No 2013-01-02-01, submitted by Joseph R Carlton, Jr , requesting waiver use approval to operate a limited service restaurant (Carlton's Coffee House) within the Burton Hollow Shopping Center, located on the east side of Farmington Road between Six Mile Road and Regular Meeting Minutes of March 11, 2013 38596 Curtis Avenue (17162 Farmington Road) in the Southwest 1/4 of Section 10, which property is zoned C-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2013-01-02- 01 is hereby approved and granted, subject to the following conditions 1 That the maximum customer seating count for this restaurant shall not exceed 30 seats, 2 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, and 3 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #65-13 RESOLVED, that having considered a communication from the City Planning Commission, dated February 4, 2013, which transmits its resolution 01-04-2013 adopted on January 29, 2013, with regard to Petition 2013-01-08-02 submitted by DeFlorio Homes, Inc , requesting approval of the Master Deed, Bylaws and Site Plan in connection with a proposal to construct a single family condominium subdivision (Dinallo Estates) on property located on the south side of Ann Arbor Trail between Newburgh Road and Levan Road (36905 Ann Arbor Trail) in the Northwest 1/4 of Section 32, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2013-01-08-02 is hereby approved and granted, subject to the following conditions 1 That the Master Deed and Bylaws comply with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16 04- 16 40 of the Livonia Code of Ordinance, and Article XX, Section 20 01-20 06 of Zoning Ordinance No 543, except for the fact the following shall be incorporated That the first floor of each condominium unit shall be brick or stone, on all four (4) sides, and the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings, 2 That the brick used in the construction of each condominium unit shall be full face four inch (4") brick, Regular Meeting Minutes of March 11, 2013 38597 3 That sidewalks shall be installed throughout the development to the satisfaction of the Engineering Division, and that street lamps may be substituted in lieu of streetlights with the approval of the Engineering Division and City Council, if necessary 4 In the event of a conflict between the provisions set forth in the Master Deed and Bylaws and the requirements set forth in the City of Livonia Zoning Ordinance No 543, as amended, the Zoning Ordinance requirements shall prevail and petitioner shall comply with the Zoning Ordinance requirements, 5 That the petitioner shall include language in the Master Deed and Bylaws or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner's property prorata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia, 6 That the Site Plan submitted by DeFlorio Homes, Inc. on January 10, 2013, is hereby approved and shall be adhered to, 7 That any substantive revisions to the previously approved Landscape Plan (dated January 12, 2009, prepared by South Hill Construction Co ) for the detention area, cul-de-sac island and the street frontage along Ann Arbor Trail shall be submitted to the Planning Commission and City Council for their review and approval, 8 That to the extent that there is a requirement that a wall be constructed where this site abuts the non-residential property, a greenbelt may be substituted for the wall, and that any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a protective barrier, the owner of the property shall be required to submit such changes to the Planning Commission for their review and approval or immediately construct the protective wall pursuant to Section 18 45, 9 That only a conforming entrance marker is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, Regular Meeting Minutes of March 11, 2013 38598 10 That the issues as outlined in the correspondence dated January 21, 2013, from the City Engineer shall be resolved to the satisfaction of the Engineering Division, 11 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 12 That the Developer shall submit for approval an ongoing mosquito control program, as approved by the Department of Public Works, describing maintenance operations and larvicide applications to the City of Livonia Inspection Department prior to the construction of the storm water retention facility; 13 That the Site Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 14 That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the Ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development; and 15 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this conditional use approval is valid for a period of one year only from the date of approval, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period On a motion by Brosnan, seconded by McCann, it was #66-13 RESOLVED, that having considered a request from Councilmember Maureen Miller Brosnan, the Council does hereby refer the subject of establishing a sidewalk waiver fund to offset the cost of future sidewalk connectivity issues to the Infrastructure and Community Transit Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Brosnan, Kritzman, McCann, and Toy NAYS Pastor The President declared the resolution adopted Brosnan gave first reading to the following Ordinance Regular Meeting Minutes of March 11, 2013 38599 AN ORDINANCE AMENDING SECTION 202 OF TITLE 3, CHAPTER 16 (PLYMOUTH ROAD DEVELOPMENT AUTHORITY) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming Regular meeting On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #67-13 RESOLVED, that having considered a communication from the Department of Law, dated February 15, 2013, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Infinity Acquisitions, LLC, for a variable width public utility easement in connection with the development of Curtis Creek Site Condominiums, for the property located in the Southeast 1/4 of Section 11, more particularly described as (New Sidewalk and Public Utility Easement) A variable width sidewalk and public utility easement through Curtis Creek Site Condominiums, Wayne County Condominium Subdivision Plan No 722, a part of the Southeast 1/4 of Section 11, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, more particularly described as commencing at the east 1/4 corner of said Section 11, thence N 89°58'27" W 1,252 90 feet along the east and west % line of Section 11, thence N 00°12'57" E 43 00 feet to the south right- of-way line of Curtis Road, thence N 89°58'27" W 126 86 feet along the south right-of-way line of Curtis Road to the point of beginning, thence S 00°04'42" E 65 68 feet; thence S 34°48'30" E 41 62 feet; thence southwesterly 170 98 feet along the arc of a 78 50 foot radius curve to the right, the chord of which bears S 27°35'04" W 139 13 feet; thence S 89°58'36" W 28 89 feet; thence northwesterly 319 75 feet along the arc of a 65 00 foot radius non-tangent curve to the right, the chord of which bears N 12°31'06" W 81 94 feet; thence N 89°58'36" E 43 76 feet; thence N 34°48'30" W 63 78 feet; thence N 00°04'42" W 90 85 feet to the south right-of-way line of Curtis Road, thence S 89°58'27" E 10 00 feet along the south right-of-way line of Curtis Road, thence S 00°04'42" E 87 70 feet; thence S 34°48'30" E 63 52 feet; thence southwesterly 18 51 feet along the arc of a 8 50 foot radius curve to the right, the chord of which bears S 27°35'03" W 15 06 feet; thence S 89°58'36" W 58 30 feet; thence southeasterly 246 65 feet along the arc of a 50 00 foot Regular Meeting Minutes of January 14, 2013 38554 Street to Rosedale Elementary School, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Robinson, and unanimously adopted, it was #12-13 RESOLVED, that having considered a report and recommendation from the City Engineer, dated December 7, 2012, which bears the signature of the Director of Public Works and the Finance Director and is approved for submission by the Mayor, submitted pursuant to Council Resolution 470-12 regarding the subject of a request for a sidewalk extension on the south side of Ann Arbor Trail from Dowling Street to Rosedale Elementary School, submitted by Bryan Garchar, and before determining to install such proposed improvement, the cost of which is to be defrayed by special assessment, the Council does hereby refer the issue of whether more sidewalks are needed in the area along the south side of Ann Arbor Trail from Dowling Street to Rosedale Elementary School, whether there have been police incidents in the area, and additional funding that may be available through the "Safe Routes to Schools" program or other additional State or Federal funding, to the Administration for its report and recommendation On a motion by McCann, seconded by Kritzman, and unanimously adopted, it was #13-13 RESOLVED, that having considered a communication from the Interim Superintendent of Parks and Recreation, dated January 4, 2013, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations from the sources indicated therein, FURTHER, the Council does hereby appropriate and credit the amounts of $2,350 00 to Account No 208- 000-690-010 and $8,807 73 to Account No 702-285-125 for the purposes as designated by the donors On a motion by Pastor, seconded by McCann, it was #14-13 RESOLVED, that having considered a communication from the Department of Law, dated December 19, 2012, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held for thepurposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Northridge Laurel, LLC v City of Livonia Regular Meeting Minutes of January 14, 2013 38555 A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Robinson, Brosnan, Katzman, McCann, and Toy NAYS None The President declared the resolution adopted On a motion by McCann, seconded by Robinson, and unanimously adopted, it was #15-13 RESOLVED, that having considered a communication from the Department of Law, dated December 20, 2012, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by RDG — Livonia, L.L.0 , in connection with the development of a water main constructed at the Victor Park Place Condominium, Unit 1, on Victor Parkway, between Seven Mile Road and Eight Mile Road for the property located in the Southeast 1/4 of Section 6, more particularly described as (New 12-foot Wide Water Main Easement) A 12 foot wide easement for the construction and maintenance of a water main over part of the Southeast IA of Section 6, Township 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, the centerline of said easement being more particularly described as Commencing at the South 1/4 Corner of said Section 6, thence along the South line of said Section 6, N88°03'03"E, 791 00 feet; thence N01°56'57"W, 100 00 feet to the East right-of-way line of 1-275 and the North right-of-way line of Seven Mile Road, thence along the East right-of-way line of 1-275 the following eight (8) courses N46°56'57"W, 176 78 feet and N01°56'57"W, 182 04 feet and N28°18'53"W, 214 18 feet and N54°41'00"W, 521.20 feet and N45°10'07"W, 245 79 feet and N26°08'28"W, 245 79 feet and N16°35'10"W, 369 12 feet and 225 69 feet along the arc of a 5,963 58' curve to the left having a chord that bears N19°02'26"W, 225 68 feet; thence N87°31'43"E, 685 97 feet to a point on the Westerly right-of-way line of Victor Parkway (60 feet wide), thence along said westerly line, 53 85 feet along the arc of a 550 00' radius curve to the left having a chord that bears S08°00'50"E, 53 83 feet to the Point of Beginning, thence S79°03'53"W, 40 35 feet; thence N55°56'07"W, 18 62 feet; thence S87°31'43"W, 50711 feet; thence NO2°28'17"W, 11 50 feet; thence S02°28'17"E, 11 50 feet; thence S87°31'43"W, 20 75 feet; thence S42°31'43"W, 28 28 feet; thence S02°28'17"E, 95 97 feet; thence S17°24'10"E, 93 77 feet to the south line of Unit 1, thence N17°24'10"W, 21 76 feet; thence N72°35'50"E, 27 09 feet; thence N87°31'43"E, 163 90 feet to a Point of Branching, thence continuing N87°31'43"E, 395 74 feet; thence N52°46'18"E, 49 52 feet to the aforementioned Westerly Regular Meeting Minutes of January 14, 2013 38556 right-of-way line of Victor Parkway and a Point of Ending, thence continuing from the Point of Branching NO2°28'17"W, 38 00 feet; thence N87°31'43"E, 22 00 feet; thence S87°31'43"W, 22.00 feet; thence NO2°28'17"W, 100 00 feet; thence N87°31'43"E, 22 00 feet; thence S87°31'43'W, 22 00 feet; thence NO2°28"17"W, 40 56 feet to the Point of Ending the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Pastor, seconded by Kritzman, and unanimously adopted, it was #16-13 RESOLVED, that having considered a communication from the Department of Law, dated January 2, 2013, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Kohl's Michigan, L.P , in connection with the development of a water main constructed at the Kohl's at Livonia Marketplace for the property located in the Southeast '/4 of Section 2, more particularly described as tim• (New 20-foot Wide Water Main Easement) A 20 foot wide easement for the installation and maintenance of a water main, whose centerline is more particularly described as. Commencing at the Southeast corner of Section 2, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, thence N 89°52'30"W, 706 33 feet along the south line of said section also being the centerline of Seven Mile Road (120 0 feet wide), thence NORTH, 60 00 feet to the north line of said Seven Mile Road, thence N89°52'30"W, 910 0 feet along said north line, thence N00°06'44" E, 345 89 feet; thence N18°19'41"W, 31 48 feet; thence N00°06'26"E, 592 76 feet; thence N89°58'28"W, 236 00 feet; thence NORTH 179 40 feet; thence EAST 148.20 feet; thence NORTH 277 33 feet; thence N39°29'09"E, 97 50 feet; thence NORTH 63 73 feet to the South line of St. Martins Avenue (60 00 feet wide), thence along said South line S89°52'26"E, 215 75 feet; thence SOUTH 176 06 feet; thence EAST 72 96 feet; thence SOUTH 24 60 feet; thence WEST 112 56 feet along the south line of an unrecorded water main easement by others and the easterly extension thereof; thence NORTH 15 04 feet along the west line of said unrecorded easement to the centerline of-the proposed 20 foot wide water main easement and the Point of Beginning, thence along said centerline WEST 125 93 feet; thence continuing along said centerline NORTH 39 89 feet to the Point of Ending, Regular Meeting Minutes of January 14, 2013 38557 the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Pastor, seconded by Kritzman, and unanimously adopted, it was #17-13 RESOLVED, that having considered a communication from the Department of Law, dated January 2, 2013, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Kohl's Michigan, L.P , in connection with the re-located Livonia Drain No 16 at the Kohl's at Livonia Marketplace for the property located in the Southeast IA of Section 2, more particularly described as (40' wide Easement for the Re-Located Livonia Drain No 16) A 40' wide easement for Livonia Drain No 16 over part of Lots 497 and 498 of Supervisor's Livonia Plat No 6 as recorded in Liber 66 on Page 59, Wayne County Records, and also over land in the Southeast 1/4 of Section 2, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, the centerline of said easement being more particularly described as Commencing at the Southeast corner of Section 2, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, thence N89°52'30"W, 706 33 feet along the south line of said section also being the centerline of Seven Mile Road (120 00 feet wide), thence NORTH, 60 00 feet to the north line of said Seven Mile Road, thence N89°52'30"W, 910 00 feet along said north line, thence N00°06'44"E, 345 89 feet; thence N 18°19'41"W, 31 48 feet; thence N00°06'26"E, 592 76 feet; thence N89°58'28"W, 236 00 feet; thence NORTH, 179 40 feet; thence EAST 148 20 feet; thence NORTH 277 33 feet; thence N39°29'09"E, 97 50 feet; thence NORTH 63 73 feet to the south line of St. Martins Ave (60 feet wide), thence along said south line S89°52'26"E, 20 12 feet to the Point of Beginning, thence S06°12'25"E, 142 41 feet; thence S44°47'35"W, 100 04 feet; thence SOUTH 272 65 feet; thence S44°47'35"E, 97 63 feet; thence S25°58'34"E, 17 08 feet to the Point of Ending, said point lying in the center of an existing variable width drain easement recorded in Liber 15298 on Page 133, Wayne County Records the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution Regular Meeting Minutes of January 14, 2013 38558 At 7 34 p m , Councilman Robinson stepped down from the podium to avoid a perceived conflict of interest. On a motion by Pastor, seconded by Brosnan, it was #18-13 RESOLVED, that having considered a letter from Angelo Mauti, dated December 7, 2012, requesting a waiver of the sidewalk requirement in front of 18935 Laurel in the Northwest 1/4 of Section 9, and having further considered the report and recommendation of the City Engineer, dated December 12, 2012, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Brosnan, Kritzman, McCann, and Toy NAYS None The President declared the resolution adopted At 7 35 p m , Councilman Robinson returned to the podium There was no Audience Communication at the end of the meeting On a motion by Pastor, seconded by Brosnan, and unanimously adopted, this 1,720th Regular Meeting of the Council of the City of Livonia was adjourned at 7 36 p m ' ' / �� 1 �� k Terry A Marecki, City Clerk