HomeMy WebLinkAboutCOUNCIL MINUTES 2013-04-08 38619
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND TWENTY SIXTH
REGULAR MEETING OF APRIL 8, 2013
On April 8, 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 Katzman led the meeting with the Pledge of Allegiance
Roll was called with the following result: Brandon Katzman, James
McCann, John Pastor, Thomas Robinson, Maureen Miller Brosnan, 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, and Don Knapp, City Attorney
On a motion by Katzman, seconded by McCann, it was
RESOLVED, that the Council does hereby rescind
approval of Council Resolution #77-13, adopted by the Council at its
Regular meeting held March 27, 2013, for the site plan approval of
Petition 2012-06-08-05 submitted by Nick Shango, with regard to
proposed redevelopment of Nicholas Plaza shopping center at 13820-
13840 Merriman Road and 31281 Schoolcraft Road located on the
Southeast corner of Schoolcraft Road and Merriman Road in the
Northwest 1/4 of Section 26, and does hereby refer this subject matter to
the Committee of the Whole for its report and recommendation
A roll call vote was taken on the proposed resolution with the following result:
AYES Kritzman, McCann, and Pastor
NAYS Robinson, Brosnan and Toy
The President declared the resolution failed for lack of support.
President Toy passed the gavel to Vice President Pastor at 7 11 p m
On a motion by Brosnan, seconded by Toy, it was
Regular Meeting Minutes of April 8, 2013 38620
#80-13 RESOLVED, that the Minutes of the 1,725th Regular
Meeting of the Council held March 27, 2013, are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Katzman, Toy, and Brosnan
NAYS McCann
PRESENT Pastor and Robinson
Vice President Pastor declared the resolution adopted
President Toy resumed the gavel at 7 12 p m
Brosnan announced Arbor Day will be celebrated on Friday, April 26,
2013, at 2 15 p m at Roosevelt Elementary School Brosnan indicated Livonia has
long been recognized as a "Tree Community" and supports the planting of trees
throughout the City and encouraged residents to participate in this fun event.
McCann welcomed two special guests to the City Council meeting who
reside in Canada but also have residences in Northern Michigan and Santa Barbara,
California, Nate and Paul Janka
President Toy announced funeral services were held today for retired
Police Officer Thomas Yates who passed away last week and offered condolences to
the Yates family President Toy indicated Mr Yates loved the City of Livonia and was
very positive about the City and his diligent police work and also has a passion for
motorcycles President Toy also announced Ken Abramczyk, reporter for the
Observer & Eccentric newspaper, will be leaving the Observer and is moving to
Arizona President Toy thanked Mr Abramczyk for his good and fair reporting for the
City and hard work at the Observer
McCann indicated many residents are very familiar with Sandy Yates,
wife of retired Police Offer Thomas Yates, who recently passed away, as she was a
long-time staff member at Community Choice Credit Union McCann indicated Mr
Yates was very active in the Livonia community and will be greatly missed and offered
condolences to the Yates family
Kritzman presented a proclamation to the Livonia Family YMCA on
behalf of the Council and Mayor Kirksey for its participation in community events
Kritzman indicated the YMCA will host a "Healthy Kids Day" event on Saturday, April
27, 2013, at their facility on Stark Road and encouraged residents to attend this fun-
filled family event.
Brian Wolverteon, Director of the Livonia YMCA, was present to accept
the proclamation and thanked Council for its continued support and cooperation of
Regular Meeting Minutes of April 8, 2013 38621
their efforts with community events Mr Wolverton indicated the "Healthy Kids Day"
event is part of the YMCA's national campaign to help keep kids active throughout the
year
During Audience Communication, Christopher Martin, 12275 Inkster
Road, addressed Council to express his concern for no City representation in the
news media during recent coverage of the leak at the water storage facility owned by
Detroit Water and Sewer located in the West Chicago and Middlebelt area
A communication from the Office of the Mayor, dated April 8, 2013, re
expressing opposition to Council Resolution 77-13 adopted by Council at its Regular
meeting of March 27, 2013, with regard to the redevelopment of Nicholas Plaza
shopping center located at 13820-13840 Merriman Road and 31281 Schoolcraft
Road, was received and placed on file for the information of the Council (Petition
2012-06-08-05) (CR 77-13)
A communication from the Department of Finance, dated March 15,
2013, re forwarding various financial statements of the City of Livonia for the month
ending December 31, 2012, was received and placed on file for the information of the
Council
A communication from the Planning Department, dated March 22, 2013,
re minor site plan modifications for the Livonia Marketplace, was received and placed
on file for the information of the Council (Petition 2008-06-02-20) (CR 378-08, CR
429-08, and CR 536-08)
At the direction of the Chair, Agenda Item #19 regarding waiver use
petition submitted by Sheesh Restaurant located at 32740 Five Mile Road within the
Century Plaza shopping center was removed from the Consent portion of the Agenda
(Petition 2013-02-02-04)
On a motion by Pastor, seconded by Katzman, it was
#81-13 RESOLVED, that having considered a letter from William
Elwell, American Cancer Society, Relay for Life, dated March 12, 2013,
which requests permission to waive Sections 8 32 070 (Noise Control)
and 12 20 080 (Public Lands) of the Livonia Code of Ordinances, as
Regular Meeting Minutes of April 8, 2013 38622
amended, in connection with their overnight outdoor gathering to raise
funds for the fight against cancer, which will take place in Livonia from
9 00 a m Saturday, June 8, 2013, through 10 00 a m Sunday, June 9,
2013, to allow the playing of music and announcements via
loudspeakers, as well as the erection and use of tents on public land
(Bentley Field), the Council does hereby grant and approve this request
in the manner and form herein submitted, subject to providing the City
with evidence of satisfactory liability insurance coverage and execution
of an appropriate Hold Harmless Agreement.
#82-13 RESOLVED, that having considered an application from
Kathleen A. Fitzgerald, dated March 12, 2013, requesting permission to
close Cranston between Elmira and Orangelawn on Monday, May 27,
2013, from 2 00 p m to 8 00 p m for the purpose of conducting a block
party, the Council does hereby grant permission as requested, the action
taken herein being made subject to the approval of the Police
Department.
#83-13 RESOLVED, that having considered a communication from
the City Clerk, dated March 12, 2013, forwarding an application
submitted by Andrea J Kunish, 32140 Parkwood Street, Westland,
Michigan 48186-4942, for a massage apprentice permit and in
accordance with Chapter 5 49 of the Livonia Code of Ordinances, as
amended, the Council does hereby approve this request in the manner
and form herein submitted, and the City Clerk is hereby requested to do
all things necessary or incidental to the full performance of this
resolution
#84-13 RESOLVED, that having considered a communication from
the City Clerk, dated March 18, 2013, forwarding an application
submitted by Alivia Somerville, 169 W Pearl Avenue, Hazel Park,
Michigan 48030, for a massage apprentice permit and in accordance
with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the
Council does hereby approve this request in the manner and form herein
submitted, and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
#85-13 RESOLVED, that whereas, under the provisions of Title I of
the Housing and Community Development Act of 1974, as amended, the
Secretary of Housing and Urban Development is authorized to make
grants to units of local government to help finance community
development programs, and
WHEREAS, the primary objective of such Act is the development of
viable urban communities by providing decent housing and suitable
living environment and expanding economic opportunities, principally for
persons of low and moderate income, and
Regular Meeting Minutes of April 8, 2013 38623
WHEREAS, to obtain its Fiscal Year 2013-2014 entitlement funds under
the Community Development Block Grant Program as authorized by the
Housing Community Development Act of 1974, the City of Livonia must
submit a Statement of Community Development Objectives and
Projected Use of Funds, satisfactory assurances that the Program will be
conducted and administered in accordance with appropriate federal and
state laws and Department of Housing and Urban Development
regulations, and satisfactory assurances that, prior to submission of its
Final Statement of Community Development Objectives and Projected
Use of Funds, it has (A) provided citizens with adequate information
concerning the amount of funds available for proposed community
development and housing activities, the range of activities that may be
undertaken, the estimated amount of those funds proposed to be used
for activities that will benefit low and moderate income persons, and
other important program requirements, (B) held a public hearing to
obtain the views of citizens on community development and housing
needs, and (C) provided citizens an adequate opportunity to examine the
content of and to submit comments on the proposed Statement of
Community Development Objectives and Projected Use of Funds
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia,
Michigan, that the Final Statement of Community Development
Objectives and Projected Use of Funds for the Fiscal Year 2013-2014
Community Development Block Grant Program is hereby approved and
shall be submitted to the Department of Housing and Urban
Development. FURTHER, the Director of Housing, Mayor, and City
Clerk shall have the authority to execute the sub-recipient contracts
#86-13 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
March 7, 2013, which bears the signature of the Director of Finance and
is approved for submission by the Mayor, and to which is attached
proposed Hold Harmless Contracts between the City of Livonia and First
Step, Fair Housing Center of Metropolitan Detroit; Hegira Programs,
Jacque Martin-Downs, MA/MSW, John V Farrar, Ed D, LPC, Madonna
University; and St. John Health System/Eastwood Clinics, for the period
July 1, 2013, through June 30, 2014, in connection with the CDBG-
funded victim assistance, fair housing initiative and mental health
counseling programs, the Council does hereby authorize the Mayor, City
Clerk and Housing Director, for and on behalf of the City of Livonia, to
execute the Hold Harmless Contracts in the manner and form herein
submitted, as well as to do all other things necessary or incidental to the
full performance of this resolution
#87-13 RESOLVED, that having considered the report and
recommendation of the Interim Superintendent of Parks and Recreation,
dated February 27, 2013, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
Regular Meeting Minutes of April 8, 2013 38624
hereby accept the bid of Spartan Distributors, 487 W Division Street,
P 0 Box 246, Sparta, Michigan 49345, for supplying the Department of
Parks and Recreation (Golf Course Division) with one (1) Toro
Groundsmaster 3500-D for the total price of $32,651 63, FURTHER, the
Council does hereby authorize an expenditure in an amount not to
exceed $32,651 63 from funds already budgeted in Account No 409-
000-974-101 for this purpose, FURTHER, the Council does hereby
authorize said purchase without competitive bidding inasmuch as the
same is based upon the low State of Michigan bid price (under Contract
Agreement No 07160200329), and/or 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
#88-13 RESOLVED, that having considered the report and
recommendation of the Interim Superintendent of Parks and Recreation,
dated February 27, 2013, 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 Midwest Golf & Turf Company, 10737 Medallion
Drive, Suite A, Cincinnati, Ohio 45241, for supplying the Department of
Parks and Recreation (Golf Course Division) with one (1) Eclipse 322,
six (6) Heavy Duty, Deep Cycle 8v Batteries, and the cost of freight for
the total price of $31,188 00, FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $31,188 00 from
funds budgeted in Account No 409-000-974-101 for this purpose,
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price (under Contract Agreement No
071B2200180), and/or 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
#89-13 RESOLVED, that having considered a communication from
the Chief of Police, dated February 25, 2013, which bears the signatures
of the Director of Finance and the City Attorney, and is approved for
submission by the Mayor, the Council hereby authorizes participation in
the Justice Assistance Grant (JAG) Program and does, for and on behalf
of the City of Livonia, accept the U S Department of Justice 2012
Justice Assistance Grant in the amount of $10,161 00, to be used to
purchase law enforcement equipment, the same to be deposited in
Account No 223-660-558-081 (Revenue Account) and appropriated for
its intended purposes
#90-13 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated February 27, 2013, which
bears the signatures of the Director of Finance and the City Attorney,
and is approved for submission by the Mayor, the Council does hereby
accept the bid of RCM Technologies, 700 Tower Drive, Suite 610, Troy,
Michigan 48098, for supplying the Police and Fire Departments with
Regular Meeting Minutes of April 8, 2013 38625
computer system network support for a period of five (5) years in the
total amount of $142,400 00, the same having been in fact the lowest bid
received and meets all specifications, FURTHER, the Council does
hereby authorize an expenditure in amount not to exceed $142,400 00
(to be paid annually as follows 1st year $26,400 00, 2nd year
$27,440 00, 3`d year $28,480 00, 4th year $29,520 00; and 5th year
$30,560 00) from funds budgeted in Account No 101-306-851-010 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 bidder and to do all other things necessary or incidental to the
full performance of this resolution
#91-13 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated February 27, 2013, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of 80 Uninterrupted Power Supply (UPS) batteries for the
network computer system for the Police Department from Eaton
Corporation, 23735 Research Drive, Farmington Hills, Michigan 48335,
in an amount not to exceed $24,184 00 for the batteries and installation
from funds already budgeted for this purchase in Account No 261-000-
971-000, FURTHER, the Council does hereby authorize the purchase
of said items without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with
Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended
Eby
#92-13 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated February 27, 2013, which
bears the signature of the Director of Finance and City Attorney, and is
approved for submission by the Mayor, the Council does hereby
authorize the purchase of eight (8) marked police vehicles as follows
Four (4) Ford Utility Police Interceptors from Signature Ford, 1960
E Main Street, Owosso, Michigan 48867, in the amount of
$26,058 00 each for a total amount of $104,232 00, through the
Macomb County Consortium,
Two (2) Dodge Charger Police Packages from Bill Snethkamp,
6131 S Pennsylvania Avenue, Lansing, Michigan 48911, in the
amount of $23,437 43 each for a total amount of $46,874 86,
through the State of Michigan Consortium,
Two (2) Chevrolet Tahoe Police Packages from Shaheen
Chevrolet, 632 American Road, Lansing, Michigan 48911, in the
amount of $26,512 71 each for a total amount of $53,025 42,
through the State of Michigan Consortium,
Regular Meeting Minutes of April 8, 2013 38626
FURTHER, an amount not to exceed $204,132 28 is hereby authorized
to be expended from funds already budgeted in Account No 401-000-
985-000 (Capital Vehicle Account) for this purpose, FURTHER, the
Council does hereby determine to authorize the said purchases without
competitive bidding inasmuch as the same is based upon the low State
of Michigan, Macomb County or Oakland County Consortium bids
and/or 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
#93-13 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated February 27, 2013, which
bears the signature of the Director of Finance and the City Attorney,
and is approved for submission by the Mayor, the Council does hereby
authorize the purchase of one (1) replacement marked police vehicle
from Signature Ford, 1960 E Main Street, Owosso, Michigan 48867, in
the amount of $26,876 00 through the Macomb County Consortium,
FURTHER, an amount not to exceed $26,876 00 is hereby authorized
to be expended from insurance reimbursement, auction proceeds, and
funds already budgeted for this purpose in Account No 401-000-985-
000, FURTHER, the Council does hereby determine to authorize the
said purchase without competitive bidding inasmuch as the same is
based upon the low State of Michigan, Macomb County and Oakland
County Consortium bids and/or 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
#94-13 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated February 27, 2013, which
bears the signature of the Director of Finance and the City Attorney, and
is approved for submission by the Mayor, the Council does hereby
authorize the purchase of two (2) unmarked police vehicles from Bill
Snethkamp Dodge, 6131 S Pennsylvania Avenue, Lansing, Michigan
48911, through the State of Michigan Consortium, as follows
One (1) 2013 Dodge Avenger SXT at $21,461 60,
One (1) 2013 Dodge Durango CXT at $28,298 66,
FURTHER, an amount not to exceed $49,760.26 is hereby authorized
to be expended from funds already budgeted from Drug Forfeiture
funds maintained in Account No 265-333-985-000 for this purpose,
FURTHER, the Council does hereby determine to authorize the said
purchases without competitive bidding inasmuch as the same is based
upon the low State of Michigan, Macomb County and Oakland County
a Consortium bids and/or 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
Regular Meeting Minutes of April 8, 2013 38627
#95-13 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated February 27, 2013, which
bears the signature of the Director of Finance and the City Attorney,
and is approved for submission by the Mayor, the Council does hereby
authorize the purchase of fifty-eight (58) Dell laptops for use as in-car
mobile data computers from Dell Marketing L.P , P O Box 643561,
Pittsburgh, Pennsylvania 15264, to replace current units that are end-
of-life, as follows
Forty-four (44) units for the Police Department at $2,853 38 each
for a total amount of $125,548 72,
Fourteen (14) units for the Fire Department at $2,853 38 each for
a total amount of $39,947 32,
FURTHER, an amount not to exceed $165,496 04 is hereby authorized
to be expended from funds already budgeted in Account No 401-000-
971-000 for this purpose, FURTHER, the Council does hereby determine
to authorize the said purchases without competitive bidding inasmuch as
the same is based upon the CLEMIS Consortium pricing and/or 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
#96-13 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated March 15, 2013, 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 Liqui-
Force Services (USA), Inc , 28529 Goddard Road, Suite 106, Romulus,
Michigan 48174, for completing all work required in connection with
water main and sanitary sewer rehabilitation on an as needed basis in
an amount not to exceed $350,000 00 annually for a three (3) year
period (with an option to renew for an additional two year period), the
same having been in fact the lowest bid received for the sewer portion of
the bid and the only bid meeting specifications for the water main portion
of the bid, FURTHER, the Council does hereby appropriate and
authorize an expenditure in an amount not to exceed $350,000 00
annually from Account No 592-158-000 (Construction in Progress) for
this purpose, and the Director of Public Works is hereby authorized to
approve any minor adjustments in the work as it becomes necessary;
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 bidder
and to do all other things necessary or incidental to the full performance
of this resolution
#97-13 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 15, 2013, approved
by the Director of Public Works, which bears the signature of the Director
Regular Meeting Minutes of April 8, 2013 38628
of Finance and is approved for submission by the Mayor, the Council
does hereby accept the unit price bid of Florence Cement Company,
12798 23 Mile Road, Shelby Township, Michigan 48316, for performing
all work required in connection with the 2013 Asphalt Paving
Replacement Program (Contract 13-A) on various asphalt streets
throughout the City of Livonia, for the estimated total cost of
$2,477,602.20, based on the Engineering Division's estimate of units of
work involved and subject to the final payment based on the actual units
of work completed in accordance with the unit prices accepted herein,
said estimated cost and unit prices having been in fact the lowest bid
received for this item, FURTHER, the Council does hereby authorize an
expenditure in the amount of $2,477,602 20 from funds already
budgeted in the Roads, Sidewalks and Tree Fund in the following
accounts
Account No 204-463-818-110 (Reconstruction) $ 107,602 20
Account No 204-463-818-112 (Rehabilitation) $2,370,000 00
and the City Engineer is hereby authorized to approve any minor
adjustments in the work as required, 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 bidder and to do all other things necessary or
incidental to the full performance of this resolution
#98-13 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 15, 2013, approved
by the Director of Public Works, 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 Hard Rock Concrete, Inc ,
38146 Abruzzi Drive, Westland, Michigan 48185 for performing all work
required in connection with the 2013 Concrete Road Repair Program
(Contract 13-C), for the estimated total cost of $625,784 50, based on
the Engineering Division's estimate of units of work involved and subject
to the final payment based on the actual units of work completed in
accordance with the unit prices accepted herein, said estimated cost and
unit prices having been in fact the lowest bid received for this item,
FURTHER, the Council does hereby authorize an expenditure in the
amount of $625,784 50 from funds already budgeted in the Road,
Sidewalks and Tree Fund in the following accounts for this purpose
Account No 204-463-818-110 (Reconstruction) $392,397 80
Account No 204-463-818-114 (Maintenance) $ 75,000 00
FURTHER, the Council hereby appropriate and authorize an additional
expenditure of $158,386 70 from the Unexpended Fund balance of the
Road, Sidewalk and Tree Fund (204) for this purpose, and the City
Engineer is hereby authorized to approve minor adjustments in the work
as required, and the Mayor and City Clerk are hereby authorized to
Regular Meeting Minutes of April 8, 2013 38629
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
#99-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 28, 2013, which
transmits its resolution 02-07-2013, adopted on February 26, 2013, with
regard to Petition 2013-01-02-03, submitted by Perrmella Harris,
requesting waiver use approval to operate an athletic training facility
(Metro Cheer and Dance) on property located on the west side of
Brookfield Avenue between Plymouth Road and Capital Avenue (11889
Brookfield Avenue) in the Southwest 1/4 of Section 27, which property is
zoned M-1, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2013-01-02-03 is
hereby approved and granted subject to the following conditions
1 That the issues as outlined in the correspondence dated February
14, 2013, from the Assistant Director of Inspection, including
those relating to the requirement that the entire facility and site
must meet the current State of Michigan Barrier Free Code, shall
be resolved to the satisfaction of the Inspection Department
and/or Engineering Department;
2 That adequate off-street parking shall be provided which shall be
sufficient to comply with the parking requirement for employees
and patrons as set forth in Section 18 38 (12) of the Zoning
Ordinance, and
3 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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Katzman, McCann, Pastor, Robinson, Brosnan, and Toy
NAYS None
A communication from the Livonia Fire & Rescue Department, dated
April 5, 2013, re concerns regarding number of additional seats requested by
petitioner for expansion of existing restaurant (Sheesh Restaurant) located at 37240
Five Mile Road, was received and placed on file for the information of the Council
(Petition 2013-02-02-04)
Regular Meeting Minutes of April 8, 2013 38630
A communication from Charles E Chrzan, Property Manager, Kimco
Realty Corporation, dated March 27, 2013, re concerns raised by other tenants at the
Century Plaza shopping center in regard to proposed expansion of an existing
restaurant (Sheesh Restaurant) located at 37240 Five Mile Road, was received and
placed on file for the information of the Council (Petition 2013-02-02-04)
On a motion by Pastor, seconded by McCann, and unanimously
adopted, it was
#100-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 4, 2013, which transmits its
resolution 02-08-2013, adopted on February 26, 2013, with regard to
Petition 2013-02-02-04, submitted by Ahmad Ibrahim, requesting waiver
use approval to expand the existing restaurant (Sheesh Restaurant) and
add seating on property located on the northeast corner of Five Mile
Road and Newburgh Road (37240 Five Mile Road) within the Century
Plaza shopping center in the Southwest 1/4 of Section 17, which property
is zoned C-1, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2013-02-02-04 is
hereby approved and granted subject to the following conditions
1 That the maximum customer seating count shall not exceed
eighty (80) interior seats,
2 That this approval is subject to City Council waiving the
requirement set forth in Section 10 03 and Section 2 08(13) of
Zoning Ordinance No 543, as amended, which limits the
maximum seating capacity for the restaurant to 30 seats, in order
to allow this restaurant to have a total of 80 interior seats,
3 That the issues as outlined in the correspondence dated February
7, 2013, from the City Engineer, including those relating to the
amount of Fats, Oils and Grease that can be discharged to the
City sanitary sewer system, shall be resolved to the satisfaction of
the Inspection Department and/or Engineering Department;
4 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,
5 That no LED lightband or exposed neon shall be permitted on the
site including, but not limited to, the building or around the
windows,
Regular Meeting Minutes of April 8, 2013 38631
6 That the Building Inspection Department shall review the exhaust
issues to determine if there can be any improvements made, as
well as the semi-truck parking issues that have been mentioned to
make sure there is no overnight parking or that they are not on
the property during extended hours when they should not be
there,
7 That the trash dumpster shall be closed at all times, and the hours
for dumpster pickup shall be limited from 9 00 a m to 6 00 p m ,
8 That the parking lot sweeping shall be completed no later than
10 00 p m , and
9 That the petitioner shall consolidate the grease tray area and
relocate it so that it is farther away from the residents
On a motion by Brosnan, seconded by McCann, it was
#101-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 4, 2013, which transmits its
resolution 02-08-2013, adopted on February 26, 2013, with regard to
Petition 2013-02-02-04, submitted by Ahmad Ibrahim, requesting waiver
use approval to expand the existing restaurant (Sheesh Restaurant) and
add seating on property located on the northeast corner of Five Mile
Road and Newburgh Road (37240 Five Mile Road) within the Century
Plaza shopping center in the Southwest % of Section 17, which property
is zoned C-1, the Council does hereby waive the requirement limiting the
number of seats in a C-1 Zoning District as set forth in Section 10 03 and
Section 2 08(13) of Zoning Ordinance No 543, as amended, in
connection with the approval of waiver use Petition 2013-02-02-04
A roll call vote was taken on the foregoing resolution with the following result:
AYES Katzman, McCann, Pastor, Robinson, Brosnan, and Toy
NAYS None
The President declared the resolution adopted
A communication from the Department of Law, dated March 25, 2013,
re report and recommendation regarding State mandated Open Space Zoning
Ordinance Amendment, was received and placed on file for the information of the
Council (CR 36-03)
Regular Meeting Minutes of April 8, 2013 38632
President Toy provided a verbal update concerning the subject matter of
the Open Space Zoning Ordinance Amendment and indicated the subject matter
would remain in the Committee of the Whole at this time (CR 36-03)
President Toy provided a verbal update concerning the subject of the
Community Development Block Grant Program and indicated the subject matter would
remain in the Committee of the Whole at this time (CR 109-04)
On a motion by Brosnan, seconded by McCann, and unanimously
adopted, it was
#102-13 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 18, 2013,
submitted pursuant to Council Resolution 72-05, regarding the subject of
Plant Rehabilitation Districts, the Council does hereby determine to take
no further action with regard to this matter
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was
#103-13 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 18, 2013,
submitted pursuant to Council Resolution 228-07, regarding the subject
of the detention pond located at Wonderland Village and any changes
made to its configuration by Wayne County, the Council does hereby
refer the subject of whether the detention pond meets specifications on
the site plans for this site to the Planning Department for its report and
recommendation
On a motion by McCann, seconded by Brosnan, and unanimously
adopted, it was
#104-13 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 18, 2013,
submitted pursuant to Council Resolution 228-07, regarding the subject
of the detention pond located at Wonderland Village and any changes
made to its configuration by Wayne County, the Council does hereby
refer the subject of the condition of the detention pond to the Inspection
Department for its report and recommendation
President Toy indicated the subject matter of the detention pond located
at Wonderland Village would remain in the Committee of the Whole at this time (CR
228-07)
Regular Meeting Minutes of April 8, 2013 38633
A communication from the Detroit Water and Sewerage Department,
received in the Office of the City Clerk on April 1, 2013, re DWSD Wholesale
Customer Election Officials Forum scheduled for Tuesday, April 9, 2013, was received
and placed on file for the information of the Council (CR 199-10)
An email communication from the Director of Finance, dated April 4,
2013, re water bill comparison analysis for two residential properties, was received
and placed on file for the information of the Council (CR 199-10)
A communication from Dave Varga, Director of Administrative Services,
on behalf of Mayor Kirksey, dated March 15, 2013, directed to the Leadership Staff
sharing an article from the March 13, 2013, issue of the Detroit Free Press entitled
"Water Department Moves Toward Becoming Regional Authority", was received and
placed on file for the information of the Council (CR 199-10)
A communication from Dave Varga, Director of Administrative Services,
on behalf of Mayor Kirksey, in response to an article in the Livonia Observer of
January 27, 2013, speculating on water rate increases, was received and placed on
file for the information of the Council (CR 199-10)
A communication from Jim Fausone of the Detroit Water and Sewer
Department, directed to Marsha Bianconi, Conference of Western Wayne, dated
November 15, 2012, entitled "DWSD Reorganization Moves Forward", was received
and placed on file for the information of the Council (CR 199-10)
A copy of the September, 2012 Detroit Water and Sewerage Department
Directors Report, from Sue McCormick directed to the Detroit Water and Sewerage
Commissioners, was received and placed on file for the information of the Council
(CR 199-10)
Regular Meeting Minutes of April 8, 2013 38634
A copy of a letter from Flint's Emergency Financial Manager, Edward
Kurtz, directed to Detroit Water and Sewerage Department Director Sue McCormick,
re requesting rate information on blending treated water from the City of Detroit and
permission from Detroit Water and Sewerage Department, was received and placed
on file for the information of the Council (CR 199-10)
Brosnan indicated the subject of Water and Sewer Consumption Rates,
Industrial Surcharge Rate and Industrial Waste Control Charge will remain in the
Infrastructure and Community Transit Committee at this time (CR 199-10)
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was
#105-13 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Committee, dated March 25, 2013, submitted pursuant to Council
Resolution No 120-07, regarding the subject of the City Hall Heating,
Venting and Air Conditioning Replacement Project (Ref- CR 201-07 and
CR 90-08) — Results of recent test and update on plans to address the
problems, the Council does hereby determine to take no further action
with regard to this matter
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER
08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Kritzman, McCann, Pastor, Robinson, Brosnan, 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
for following Ordinance
Regular Meeting Minutes of April 8, 2013 38635
AN ORDINANCE AMENDING SECTION 150 OF TITLE 13, CHAPTER
08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Kritzman, McCann, Pastor, Robinson, Brosnan, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Brosnan, seconded by McCann, and unanimously
adopted, it was
#106-13 RESOLVED, that having considered a communication from
the City Clerk, dated February 20, 2013, forwarding an application
submitted by Maria Cruzalegui, 9787 Edgewood Ct., Superior Township,
Michigan 48198-9487, for a massage apprentice permit and in
accordance with Chapter 5 49 of the Livonia Code of Ordinances, as
amended, the Council does hereby approve this request in the manner
and form herein submitted, and the City Clerk is hereby requested to do
all things necessary or incidental to the full performance of this
resolution.
On a motion by Pastor, seconded by McCann, it was
RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated March 1, 2013,
approved for submission by the Mayor, to which is attached
recommended final budget adjustments required for the Fiscal Year
2012 budget, the Council does hereby authorize said budget
adjustments and transfers in the manner and form set forth in the
attachment.
Following discussion by Council, on a motion by Pastor, it was
RESOLVED, that the Council does hereby call the question
and end the debate
The President declared the motion failed for lack of support.
A roll call vote was then taken on the originally proposed resolution as follows
Regular Meeting Minutes of April 8, 2013 38636
RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated March 1, 2013,
approved for submission by the Mayor, to which is attached
recommended final budget adjustments required for the Fiscal Year
2012 budget, the Council does hereby authorize said budget
adjustments and transfers in the manner and form set forth in the
attachment.
with the following result:
AYES Kntzman, McCann, and Pastor
NAYS Robinson, Brosnan, and Toy
The President declared the motion failed for lack of support.
On a motion by Brosnan, seconded by Robinson, it was
RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated March 1, 2013,
approved for submission by the Mayor, to which is attached
recommended final budget adjustments required for the Fiscal Year
2012 budget, the Council does hereby refer this matter to the Committee
of the Whole for its report and recommendation
Brosnan and Robinson then withdrew their motions on the foregoing resolution
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#107-13 RESOLVED, that having considering a communication
from the City Engineer dated, March 15, 2013, which bears the signature
of the Director of Finance, is approved by the Director of Public Works
and approved for submission by the Mayor, submitted pursuant to
Council Resolution 448-12, wherein the City Engineer has ascertained
the assessed valuation of all property affected by the proposed
construction of the new 10-inch sanitary sewer main to service
properties located at 15160, 15200 and 15230 Levan Road, in the
Northeast 1/4 of Section 20, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan, 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
special 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 in the proposed Special
Assessment District, and it appearing to the Council that all of such
Regular Meeting Minutes of April 8, 2013 38637
information, estimate, plans, specifications and recommendations have
been properly filed by the City Engineer with the City Clerk under date of
March 15, 2013, and that there has been a full compliance with all of the
provisions of Section 3 08 060 of the Livonia Code of Ordinances, as
amended, the Council does hereby set Monday, May 13, 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 08 070 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 08 070
of said Code
A communication from Lormax Stern, dated March 22, 2013, re Livonia
Marketplace and proposed amendment to the Brownfield Plan and the applicable
Brownfield Reimbursement Agreement as requested by Livonia Phoenix, L.L C , was
received and placed on file for the information of the Council (CR 348-08, CR 523-
08, CR 555-08, CR 556-08, and CR 237-09)
On a motion by Brosnan, seconded by Pastor, it was
#108-13 RESOLVED, that having considered a communication from
the Brownfield Redevelopment Authority, dated February 4, 2013,
approved for submission by the Mayor, and which transmits its resolution
02-12, adopted on January 30, 2013, the Council does hereby approve
the proposed restated and amended Brownfield Plan for the former
Livonia Mall property, together with exhibits and schedules thereto, and
the proposed Amended Reimbursement Agreement among the City of
Livonia, the Brownfield Redevelopment Authority, and Livonia Phoenix,
L L C , all in the manner and form herein submitted, subject to approval
as to form by the City's Law Department, for the following reasons
1 That the City and other local taxing jurisdictions will receive
additional funds in the near term under these amendments, while
the developer will see its reimbursements enhanced — if at all — at
the end of the term of the Reimbursement Agreement;
2 That the period during which the developer is reimbursed is
shortened under these amendments,
3 The proposed revisions result in a reimbursement that more
closely matches what the original intent of the parties was at the
time of the original agreement; and
Regular Meeting Minutes of April 8, 2013 38638
4 That the developer has proceeded in good faith with the
development of the Livonia Marketplace project as presented to
the City, and the City wishes to respond in good faith to facilitate
further redevelopment in Northeast Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Kritzman, Pastor, Robinson, and Brosnan
NAYS McCann and Toy
The President declared the resolution adopted
On a motion by Pastor, seconded by Katzman, and unanimously
adopted, it was
#109-13 RESOLVED, that having considered a communication from
the City Librarian, dated March 7, 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, in the total amount of $50,144 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 $28,484 00 to Account No
702-000-285-271, $10,425 00 to Account No 702-000-285-272, and
$11,235 00 to Account No 702-000-285-273 for the purposes as
designated by the donors
During Audience Communication, Christopher Martin, 12275 Inkster
Road, addressed Council to express his opinion regarding the Public Safety millage
adopted in 2011
On a motion by Pastor, seconded by McCann, and unanimously
adopted, this 1,726th Regular Meeting of the City of Livonia was adjourned at 8 35
pm
Ter 46 Marecki, City Clerk