HomeMy WebLinkAboutCOUNCIL MINUTES 2012-08-29 38392
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND ELEVENTH
REGULAR MEETING OF AUGUST 29, 2012
On August 29, 2012, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8 00 p m. Robinson deferred the invocation to Sister Rose Marie Kujawa,
President of Madonna University
Roll was called with the following result: Thomas Robinson, Maureen
Miller Brosnan, Brandon Kritzman, James McCann, John Pastor, and Laura Toy
Absent: Joe Laura.
Elected and appointed officials present: Scott Miller, Planning
Department; Judy Priebe, Technical Specialist; Kevin Roney, Assistant City Engineer;
Don Knapp, City Attorney; Terry A. Marecki, City Clerk; and Mayor Jack Kirksey
On a motion by Pastor, seconded by Robinson, and unanimously
adopted, it was
#337-12 RESOLVED, that the Minutes of the 1,710th Regular
Meeting of the Council held August 15, 2012, are hereby approved as
submitted
McCann presented a commendation to Madonna University in honor of
their 75th Anniversary on behalf of the Council and Mayor Sister Rose Marie was
present on behalf of Madonna University and thanked Council for the City's
commendation and cooperation throughout the years and expressed the Livonia
community was a great partner in education and the University feels strongly about its
students giving back to the community
Vice President Pastor wished a Happy Birthday to Terry Marecki, City
Clerk.
Terry Marecki, City Clerk, announced the City will host a Special Election
on Wednesday, September 5th to fill an expiring term and thanked the Livonia Public
Schools for their assistance and cooperation with the election on Wednesday,
September 5th Ms Marecki indicated the election will take place on the second day of
school and stated voters may be directed to enter their polling locations at a different
door and instructed residents to follow the posted signs
Regular Meeting Minutes of August 29, 2012 38393
Katzman stated he did some research on a matter brought before
Council at the suggestion of Christopher Martin regarding obtaining steel from the 9/11
tragedy in New York. He stated he has since learned the deadline for the program
closed out last Spring and discovered some of Livonia's surrounding communities did
participate However, if the other cities do not follow up on their commitments to
obtain the steel, Livonia may still have a chance to obtain a piece of American history
Robinson announced the Livonia Symphony Orchestra will host a very
special 40th Anniversary Kick Off Event at Laurel Park Office Center Atrium, near the
Phoenix Theaters, on Thursday, September 27th from 7 00 p m to 9 00 p m
Robinson indicated ticket information can be obtained by contacting the Livonia
Symphony Orchestra at (734) 427-2782
President Toy offered congratulations to City Treasurer, Dennis Wright,
and his wife Karen, on their 35th wedding anniversary President Toy thanked staff
members of the Second Floor at City Hall for doing a remarkable job fielding the influx
of resident phone calls and also thanked Council staff members for their diligent work
as well President Toy announced American Legion Hall 32 located on Newburgh
Road will host a memorial 9/11 ceremony at 7 00 p m on Tuesday, September 11th
and has scheduled many dignitaries to be present for the occasion President Toy
concluded by requesting a moment of silence to honor the passing of longtime Livonia
resident, Jean Abbott, who she stated loved the Livonia community and was a great
lady
President Toy announced an X-item would be addressed at the end of
the meeting regarding a request to consider a longer period of time and to amend
previously adopted Council Resolution in regard to the approval of an Industrial
Facilities Exemption Certificate for Infineon Technologies North America Corporation
for their new facility to be constructed at 19401 Victor Parkway (CR 326-12)
During Audience Communication, Jerry Roulo, 32328 Allen Avenue,
addressed Council to express his displeasure and concern with the increase in water
rates for Livonia Residents Mr Ruolo stated the fixed cost added to residents' water
bills was burdensome President Toy requested Mr Roulo wait until the subject
matter of water and sewer consumption rates was addressed during the Regular
portion of the Council's Agenda.
Andrew Konyha, representative from Orchard, Hiltz & McChment, 34000
Plymouth Road, addressed Council to provide a verbal update on the Plymouth Road
Reconstruction Project and indicated the intersection of Farmington Road and
Plymouth Road would reopen on Friday, August 31, 2012, at 3 00 pm Mr Konyha
stated the project has run in to a few delays due to unforeseen issues and the storm
sewer repair was expected to be completed by Friday, but the overall project will be
approximately two weeks behind the expected schedule
Regular Meeting Minutes of August 29, 2012 38394
A communication from the Department of Finance, dated August 22,
2012, re delinquent water bill for the business located at 37980 Ann Arbor Road and
transfer request of the SDD liquor license for same, was received and placed on file
for the information of the Council
On a motion by McCann, seconded by Pastor, it was
#338-12 RESOLVED, that having considered an application from
Denise Justice, 32449 Washington, dated July 23, 2012, requesting
permission to close Washington between Hubbard and Indiana, on
Saturday, September 8, 2012, from 12 00 p m to 10 00 p m for the
purpose of conducting a block party-, the Council does hereby grant
permission as requested, including therein permission to conduct the
said affair on Saturday, September 15, 2012, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#339-12 RESOLVED, that having considered an application from
Caren Shatter, 15642 Sussex, dated July 30, 2012, requesting
permission to close Sussex between Fitzgerald and Sherwood on
Saturday, September 8, 2012, from 1 00 p m. to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the
said affair on Sunday, September 9, 2012, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#340-12 RESOLVED, that having considered an application from
Chad A. Kundinger, 28035 North Clements Circle, dated July 31, 2012,
requesting permission to close North Clements Circle, between Harrison
and East Clements Circle on Saturday, September 22, 2012, from 4 00
p m to 1000 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.
#341-12 RESOLVED, that having considered a communication from
the City Clerk, dated July 24, 2012, forwarding an application submitted
by Rosemary Astfalk, 24300 Civic Center, #804, Southfield, MI 48033,
for a massage therapist 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
Regular Meeting Minutes of August 29, 2012 38395
#342-12 RESOLVED, that having considered a communication from
the City Clerk, dated July 24, 2012, forwarding an application submitted
by Michael David Hess, 39626 Hillary Drive, Canton, MI 48187, for a
massage therapist 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
#343-12 RESOLVED, that having considered a communication from
the City Clerk, dated July 24, 2012, forwarding an application submitted
by Anthony Rayford, 8246 Woodcrest, Apt. 2, Westland, MI 48185, 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
#344-12 RESOLVED, that having considered a communication from
the City Clerk, dated July 24, 2012, forwarding an application submitted
by Valerie Gibson, 1420 Sauk Trail, Tecumseh, MI 49286-1634, 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
#345-12 RESOLVED, that having considered a communication from
the City Clerk, dated August 8, 2012, forwarding an application
submitted by Aleta Hollins, 30028 W 12 Mile Road, Unit 32, Farmington
Hills, MI 48334-3918, 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
#346-12 RESOLVED, that having considered a communication from
the City Clerk, dated August 9, 2012, forwarding an application
submitted by Michelle Clemens, 9950 Levan Road, Livonia, MI 48150-
2533, for a massage establishment license, for a business named Tri
Life Connection, LLC, which is proposed to be located at 39293
Plymouth Road, Suite 109D, Livonia, MI 48150, and in accordance with
Chapter 5 49 of the Livonia Code of Ordinances, the Council does
hereby approve this request in the manner and form herein submitted,
low and the City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
Regular Meeting Minutes of August 29, 2012 38396
#347-12 RESOLVED, that having considered a communication from
the City Clerk, dated August 9, 2012, forwarding an application
submitted by Michelle Clemens, 9950 Levan Road, Livonia, MI 48150-
y; 2533, for a massage therapist permit and in accordance with Chapter
5 49 of the Livonia Code of Ordinances, as amended, the Council does
a"' 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
A communication from the Michigan Liquor Control Commission, dated
February 3, 2012, re request to transfer ownership of an escrowed 2011 SDD license
from Apex Drug Stores, Inc , and transfer the location from 37980 Ann Arbor, Livonia,
MI 48150, in conjunction with an existing 2011 SDM license for the business located
at 37355 Eight Mile Road, Livonia, MI 48152, was received and placed on file for the
information of the Council
#348-12 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated February 3, 2012, and
the report and recommendation of the Chief of Police, dated July 17,
2012, approved for submission by the Mayor, with respect to a request
from Rite Aid of Michigan, Inc to transfer ownership of an escrowed
2011 SDD license from Apex Drug Stores, Inc , and transfer the location
from 37980 Ann Arbor, Livonia, MI 48150, in conjunction with an existing
2011 SDM license for the business located at 37355 Eight Mile Road,
Livonia, MI 48152, the Council does hereby determine to take no further
action with regard to this matter
A communication from the Michigan Liquor Control Commission, dated
August 19, 2011, re Food Services of Livonia, LLC's transfer interest for a 2011 Class
C and SDM licensed business by dropping Mario Ledda, deceased, as a member
through a transfer of 50% interest to a new member, Barbara Ledda, for the business
located at 31735 Plymouth Road, Livonia, MI 48150, was received and placed on file
for the information of the Council
#349-12 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated August 19, 2011, and
the report and recommendation of the Chief of Police, dated July 17,
2012, approved for submission by the Mayor, with respect to a request
Regular Meeting Minutes of August 29, 2012 38397
from Food Services of Livonia, LLC, to transfer interest in a 2011 Class
C and SDM Licensed business by dropping Mario Ledda, deceased, as
a member through a transfer of 50% interest to a new member, Barbara
Ledda, for the business located at 31735 Plymouth, Livonia, MI 48150,
the Council does hereby determine to take no further action with regard
to this matter
#350-12 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 2, 2012, and the report
and recommendation of the Chief of Police, dated July 17, 2012,
approved for submission by the Mayor, the Council does hereby
determine that it has no objection to and does recommend approval of
the request from Joe's Produce for a new SDM license to be located at
33066 W Seven Mile Road, Livonia, MI 48152, Wayne County; and the
City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
A communication from the Michigan Liquor Control Commission, dated
April 9, 2012, re J & A Kitchen, Inc 's transfer ownership of an escrowed 2011 Class
C licensed business from Sterling Mortgage & Investment Company, and to transfer
the location from 28455 Plymouth Road, Livonia, for the business located at 34110
Plymouth Road, Livonia, was received and placed on file for the information of the
Council
#351-12 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated, April 9, 2012, and a report
and recommendation from the Chief of Police, dated July 17, 2012,
approved for submission by the Mayor, the Council does hereby approve
of the request from J & A Kitchen, Inc , for transfer of ownership of a
2011 Class C licensed business from Sterling Mortgage & Investment
Company; and to transfer location from 28455 Plymouth Road, Livonia,
MI 48150, Wayne County, for a business located at 34110 Plymouth
Road, Livonia, MI 48150, Wayne County, and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission
#352-12 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated July 25, 2012, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, the Council does hereby accept the bid of Seaway
Painting, L L C , 31801 Schoolcraft Road, Livonia, MI 48150, for
completing all work required in connection with the repair and painting of
the jail floor in the amount of $17,962 00, the same having been in fact
Regular Meeting Minutes of August 29, 2012 38398
the lowest bid received with the 3% local bidders preference applied per
Section 3 04 140 E of the Livonia Code of Ordinances, and meets all
specifications, FURTHER, the amount of $17,962.00 is hereby
authorized to be expended funds already budgeted for this purpose as
follows $14,800 00 from Account No 401-000-976-000 and $3,162 00
from Account No 101-304-976-000, FURTHER, the Mayor and City
Clerk are hereby authorized, for and on behalf of the City of Livonia, to
execute a contract with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution
#353-12 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated June 25, 2012, 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
accept the bid of MAS Electrical Services, Inc , 32940 Capitol, Livonia,
MI 48150, for supplying the Police Department with a new generator in
the amount of $184,590 00, the same having been in fact the only bid
received, and which meets all specifications, FURTHER, the amount of
$184,590 00 is hereby authorized to be expended from funds already
budgeted in Account No 261-000-987-000 for this purpose, FURTHER,
the Mayor and City Clerk are hereby authorized, for and on behalf of the
City of Livonia, to execute a contract with the aforesaid bidder and to do
all other things necessary or incidental to the full performance of this
resolution
#354-12 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated July 24, 2012, 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 accept
the bid of Global Gov/Ed Solutions, Inc , 6990 US Route 36 East,
Fletcher, Ohio 45329, for the purchase of 165 Microsoft Office 2010
licenses at the price of $350.20 per license, for a total price of
$57,783 00, the same having been in fact the lowest bid received for this
item, FURTHER, the Council does hereby authorize an expenditure in
the amount of $57,783 00 from funds already budgeted for this purpose
as follows Approximately $50,000 00 from Division of Police Account
No 101-306-971-000 and $7,700 00 from Fire Division Account No 101-
336-851-020
#355-12 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated July 25, 2012, which bears
the signature of the Finance Director and the City Attorney, and is
approved for submission by the Mayor, the Council does hereby accept
the bid of Allie Brothers, Inc , 20295 Middlebelt, Livonia, Michigan
48152, for supplying the Division of Police with police uniforms for the
unit prices set forth in the attachment, for a total estimated price of
$63,662.40, which unit prices shall remain in effect for a two (2) year
period, FURTHER, the Council does hereby authorize an expenditure in
Regular Meeting Minutes of August 29, 2012 38399
the total estimated amount of$63,662 40 from funds already budgeted in
Account No 101-325-768-010 for this purpose, FURTHER, the Council
does hereby determine the aforesaid bid to be a better bid than the bid
submitted by Priority One Emergency, 12408 Stark Road, Livonia,
Michigan 48150, for the reasons indicated in the aforesaid
communication
#356-12 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated July 24, 2012, 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) 2012 Chevrolet Caprice 9C1 Police
Patrol vehicle, to replace a vehicle totaled in an accident, from Shaheen
Chevrolet, 632 American Road, Lansing, Michigan 48911, in the amount
of $26,823 10, through the Oakland County bid/purchasing consortium
pricing, FURTHER, the Council does hereby authorize the use of
MMRMA settlement funds in the amount of $16,520 00 as partial
payment for the vehicle, FURTHER, the Council does hereby authorize
an expenditure in the amount of $10,303 10 from funds already
budgeted in Account No 401-000-985-000 for this purpose, FURTHER,
the Council does hereby authorize the purchase of said item 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
L, #357-12 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated July 25, 2012, 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 a one (1) year support agreement for the
"Offendertrak" Jail Management System from Motorola Solutions, 13108
Collections Center Drive, Chicago, IL 60693, in the amount of
$15,975 00 from funds already budgeted in Account No 101-304-761-
400, FURTHER, the Council does hereby authorize the purchase of said
item without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with
Section 3 04 140 D 3 of the Livonia Code of Ordinances, as amended
#358-12 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated August 10, 2012, 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 135 Model X2 Tasers, Holsters, Power
Magazines, four-year extended warranty and 270 cartridges from
Michigan Taser Distributing, 10422 Londonderry Drive, South Lyon, MI
48178, in the amount of $170,328 15 (including trade-ins) from funds
} already budgeted in Account No 101-325-971-000 for this purpose,
i.. FURTHER, the Council does hereby authorize the purchase of said
Regular Meeting Minutes of August 29, 2012 38400
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 3 of the Livonia Code of Ordinances, as amended
#359-12 RESOLVED, that having considered the report and
Air recommendation of the Director of Public Works and the Superintendent
of Public Service - Environment & Utilities, dated August 3, 2012, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of Old
Dominion Brush Co , 5118 Glen Alden Drive, Richmond, VA 23231, for
supplying the Public Service Division with one (1) 2012 trailer-mounted
debris collector, for a total price of $19,450 00 (including trade-in), the
same having been the lowest bid submitted which meets all
specifications, FURTHER, the Council does hereby authorize an
expenditure in the amount of $19,450 00 from funds already budgeted in
Account No 205-527-987-000 (Capital Outlay) for this purpose
#360-12 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated August 1, 2012, which bears the signature of the-
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the bid of Great Lakes Power Lift, 2006
Tobsal Court, Warren, MI 48091, for supplying the Public Service
Division with one (1) 4,000 pound propane powered pneumatic tire
forklift, for a total price of $22,139 44 (including trade-in), the same
having been the lowest bid submitted which meets all specifications,
FURTHER, the Council does hereby authorize an expenditure in the
amount of $22,139 44 from funds already budgeted for this purpose in
Account No 401-000-987-000 (Capital Outlay)
#361-12 RESOLVED, that having considered a communication from
the Chairman of the Water and Sewer Board, dated August 13, 2012,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which sets forth Water and Sewer Board
resolution WS 4427 8/12, wherein the Board concurs in the
recommendation made by the City Engineer and Director of Public
Works, dated July 31, 2012, the Council does hereby appropriate and
authorize an expenditure in the sum of $55,397 00 from the Unexpended
Fund Balance of the Water and Sewer Fund (592) to be paid to Stante
Excavating Co , Inc , 49612 Liberty Drive, Wixom, MI 48393, for
completing all work required in connection with the stream bank
stabilization to complete the emergency repair adjacent to the existing
42 inch sanitary sewer; and the City Engineer is hereby authorized to
approve minor adjustments in the work as it becomes necessary
#362-12 RESOLVED, that having considered a communication from
the Chairman of the Water and Sewer Board, dated August 13, 2012,
which bears the signature of the Director of Finance, and is approved for
Regular Meeting Minutes of August 29, 2012 38401
submission by the Mayor, and which sets forth Water and Sewer Board
resolution WS 4428 8/12, wherein the Board concurs in the
recommendation made by the City Engineer, dated July 31, 2012, the
Council does hereby appropriate and authorize an additional expenditure
in an amount not to exceed $88,191 20 from the Unexpended Fund
Balance of the Water and Sewer Fund (592), said amount to be paid to
Lawrence M Clark, Inc , 50850 Bemis Road, Belleville, MI 48111, for
remaining concrete sidewalk, street repairs and minor restoration in
connection with the 2012 Water Main Improvement Project (Contract 12-
M), and the City Engineer is hereby authorized to approve minor
adjustments in the work as it becomes necessary
A communication from the Department of Law, dated August 7, 2012, re
Administrative Response — CR 277-12 regarding analysis of recently enacted
Michigan Fireworks Safety Act ("FSA") as well as the Livonia Code of Ordinances
("Code"), was received and placed on file for the information of the Council
#363-12 WHEREAS, the recently enacted Michigan Fireworks
Safety Act has generated numerous complaints in communities across
the state, including the City of Livonia, and
WHEREAS, the Michigan Fireworks Safety Act restricted local control in
a manner which is detrimental to the health, safety and welfare of our
residents, and
WHEREAS, the Legislature is urged to consider amending the Michigan
Fireworks Safety Act to address several important issues including
- Changing the definition of consumer and low-impact fireworks to
exclude some aerials, reloadable shell devices, missile type rockets
and other fireworks that discharge higher than fifteen (15) feet that
have the potential to ignite fires to homes and other structures
and/or cause damage to roofs and personal property
- Empowering local units of government to restrict fireworks ignition
and discharge in residentially zoned districts
- Restricting the possession of fireworks by persons under the age of
sixteen (16) unless under direct adult supervision
- Allowing the enforcement of local noise ordinances in and around
national holidays
- Limiting the number of national holidays during which the use of
consumer fireworks is permitted
Regular Meeting Minutes of August 29, 2012 38402
- Requiring a person discharging fireworks to possess written
permission to discharge fireworks from public property, school
property, church property or property of another person so that law
enforcement will be more easily able to ascertain whether such
permission exists
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of
the City of Livonia does hereby take this means to indicate its support for
changes to be made to the Michigan Fireworks Safety Act as outlined
above and does hereby direct that copies of this resolution be forwarded
to Governor Rick Snyder, State Representative John Walsh, State
Representative Phil Cavanagh, State Senator Glenn Anderson, and the
Michigan Municipal League State and Federal Affairs Division
#364-12 RESOLVED, that having considered a communication from
the Department of Law, dated August 7, 2012, with respect to a
proposed amendment to Chapter 52 (Fireworks) of Title 8 of the Livonia
Code of Ordinances, as amended, to conform to the Michigan Fireworks
Safety Act, the Council does hereby refer this matter to the Legislative
Affairs Committee for its report and recommendation
A communication from the Department of Law, dated August 10, 2012,
re Administrative Response — CR 300-12 regarding the issue of the ability and
processes available to raise revenue and/or levy a tax of up to 2 mills as related to the
Plymouth Road Development Authority (PRDA), was received and placed on file for
the information of the Council
#365-12 RESOLVED, that having considered a communication from
the Mayor, dated August 13, 2012, regarding a request to begin the
process of amending the Plymouth Road Development Authority
boundaries in order to facilitate the removal of all residential properties
and having further considered a communication from the Plymouth Road
Development Authority, dated August 17, 2012, transmitting its
Resolution No 2012-17 in support of this request, the Council does
hereby refer this matter to the Department of Law to prepare a resolution
of intent to amend the Plymouth Road Authority District by removing the
selected parcels, FURTHER, the Council does hereby request that the
Planning Department prepare an appropriate map and furnish same to
the Department of Law with respect to this item
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Robinson, Brosnan, Kntzman, McCann, Pastor, and Toy
Regular Meeting Minutes of August 29, 2012 38403
NAYS None
A communication from Jim Fausone, Chairman of the Detroit Board of
Water Commissioners, dated July 25, 2012, re Summer Tax Roll Planning and
Improvements for the City of Detroit Water and Sewerage Department, was received
and placed on file for the information of the Council (CR 199-10)
A communication from Sue McCormick, Director of City of Detroit Water
and Sewerage Department, dated July 25, 2012, addressed to the Honorable Board of
Water Commissioners for the City of Detroit re Director's Report for the month of July,
2012, was received and placed on file for the information of the Council (CR 199-10)
The Detroit News article written by Christine MacDonald, dated August
8, 2012, entitled "Proposal Cut 80% of Detroit Water Department Staff', was received
and placed on file for the information of the Council (CR 199-10)
A printout of information from the City of Livonia website, re water rate
information for residents as provided by the Administration, was received and placed
on file for the information of the Council (CR 199-10)
A communication from resident Marguerite Paster, dated August 29,
2012, re expressing opposition to fixed cost assessed to residents' new water and
sewer bill rates, was received and placed on file for the information of the Council
(CR 199-10)
A communication from Councilmember Robinson, dated August 27,
2012, directed to Jim Fausone, Chairman of the Board of Water Commissioners for
the City of Detroit, re expressing support for placing a cap on future water rates, was
received and placed on file for the information of the Council (CR 199-10)
L
Regular Meeting Minutes of August 29, 2012 38404
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was
#366-12 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Committee, dated August 13, 2012, submitted pursuant to Council
Resolution No 199-10, the Council does hereby request a report and
recommendation from the Mayor regarding the progress made in
securing support from community members recommending a request for
a cap on water rate increases to the Detroit Water and Sewer Board
Jerry Ruolo, 32328 Allen, addressed Council to express his displeasure and concern
with the increased water rates passed down to residents with the latest City water
bills
Colleen McGowan, 15940 Doris, addressed Council to inquire why a percentage rate
was not used in computing the increased water rates rather than affixing a fixed dollar
amount for users when the Council looked at and adopted the increased water rates
for residents
Heleen Beckman, 29131 Jacquelyn, addressed Council to express her displeasure
and concern with the increased water rates for residents
Steven Hatchigian, 20420 Parker, addressed Council to inquire if water rates could be
billed on a monthly basis to residents rather than on a quarterly basis
Jerry Ruolo, 32328 Allen, again addressed Council to state his neighbor's bill was less
than his own despite his neighbor using more water
On a motion by Robinson, seconded by Brosnan, and unanimously
adopted, it was
#367-12 WHEREAS, large annual increases in water rates affect all
residents, especially those most vulnerable due to being low-income or
on a fixed income, and
WHEREAS, the new fixed rate/variable rate structure has resulted in an
increase for those residents who conserve and use limited amounts of
water; and
WHEREAS, the City of Livonia supports all efforts to rein in costs and
control increases in water rates, and
WHEREAS, a cap on the annual increase in water rates in the amount of
3% per year would greatly assist residents who have difficulty absorbing
these costs into their household budgets every year,
Regular Meeting Minutes of August 29, 2012 38405
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Livonia does hereby take this means to convey its support for a cap
on water rates and does hereby direct that this resolution be forwarded
to the Detroit Board of Water Commissioners for its consideration
BE IT FURTHER RESOLVED, that the Detroit Board of Water
Commissioners is hereby requested to report back to the City Council of
the City of Livonia within six months regarding its determination as to
whether a cap on water rates should be implemented
A communication from the Department of Law, dated August 21, 2012,
re proposed amendment to the Livonia Code of Ordinances, Chapter 32 (Property
Maintenance Code), was received and placed on file for the information of the Council
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 145 OF TITLE 15, CHAPTER
32 (PROPERTY MAINTENANCE CODE) 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
A communication from the Department of Law, dated August 21, 2012,
re proposed amendment to Zoning Ordinance No 543 for property located on the
east side of Haggerty Road between Seven Mile Road and Eight Mile Road (19540
Haggerty Road), was received and placed on file for the information of the Council
(Petition 2012-06-01-03)
Pastor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP OF
THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE
NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" BY ADDING SECTION
3 THERETO (Petition 2012-06-01-03)
Regular Meeting Minutes of August 29, 2012 38406
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
At 9 16 p m , President Toy passed the gavel to Vice President Pastor and stepped
down from the podium to avoid any perceived conflict of interest.
On a motion by McCann, seconded by Brosnan, it was
#368-12 RESOLVED, that having considered a communication from
the Mayor, dated August 13, 2012, in accordance with the provisions of
Section 4 01 of the Interlocal Agreement between the City of Livonia and
the City of Grand Rapids that established the Municipal Services
Authority (MSA), the Council does hereby appoint James Cambridge to
the Authority Board for the Michigan Municipal Services Authority (MSA)
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Brosnan, Kntzman, McCann, and Pastor
NAYS None
Vice President Pastor declared the resolution adopted
On a motion by McCann, seconded by Kritzman, it was
#369-12 RESOLVED, that having considered a communication from
the Mayor, dated August 13, 2012, in accordance with the provisions of
Section 4 01 of the Interlocal Agreement between the City of Livonia and
the City of Grand Rapids that established the Municipal Services
Authority (MSA), the Council does hereby appoint Brian Meakin to the
Authority Board for the Michigan Municipal Services Authority (MSA)
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Brosnan, Kritzman, McCann, and Pastor
NAYS None
Vice President Pastor declared the resolution adopted
President Toy returned to the podium and resumed the gavel at 9 20 p m
On a motion by Pastor, seconded by Brosnan, it was
Regular Meeting Minutes of August 29, 2012 38407
#370-12 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated July 23, 2012,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, which transmits its resolution WS 4424 7/12,
wherein the Board has concurred with the recommendation of the
Superintendent of Public Service - Environment & Utilities, dated June
19, 2012, the Council does hereby accept the quotation submitted for a
one year period from EJ USA, Inc , formerly known as East Jordan Iron
Works, 13001 Northend Avenue, Oak Park, MI 48237, for supplying the
Department of Public Works with stormwater, water main and sanitary
manhole related items at the unit prices quoted in an amount not to
exceed $60,000 00 annually; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $60,000 00
annually from funds already budgeted in Account Nos 592-559-787-060
(Water Valves & Gate Wells), 592-559-787-050 (Water Main Supply),
592-559-787-070 (Hydrant Supply), and 592-559-796-000 (Sanitary
Supply) for this purpose, FURTHER, the Council does hereby authorize
such action without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with
Section 3 04 140 D 3 of the Livonia Code of Ordinances, as amended
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Kritzman, McCann, Pastor, and Toy
NAYS Robinson
The President declared the resolution adopted
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was
#371-12 WHEREAS, pursuant to the direction of the City Council in
its Resolution 323-11, adopted on October 5, 2011, and in accordance
with Section 3 08 100 of the Livonia Code of Ordinances, as amended,
the City Assessor of the City of Livonia has prepared, reported and
certified to the Council under date of August 13, 2012, an assessment
roll dated August 13, 2012, for the Bell Branch Streambank Stabilization
Project, a/k/a Rennold's Ravine River National Wet Weather
Demonstration Project Round X, Part "B" Grant Program in the N E. '/4 of
Section 20, City of Livonia, Wayne County, Michigan, containing the
special assessments to be assessed and levied respectively, in the
proposed special assessment district heretofore established for the
construction and operation of the proposed improvement in said district
as designated in Council Resolution No 323-11
Regular Meeting Minutes of August 29, 2012 38408
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted
by the City Council, that it is hereby ordered to be filed in the Office of
the City Clerk for public examination, that the City Clerk be and hereby is
directed to give notice as required by the provisions of Section 3 08 110
&ow of the Livonia Code of Ordinances, as amended, to wit: that the
assessment roll has been made and filed in the Office of the City Clerk
for public examination and that the City Council of the City of Livonia will
meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan on
Wednesday, September 19, 2012, at 7 00 p m to review the said special
assessment roll at which time and place opportunity will be given to all
interested persons to be heard
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior to
the aforesaid date of September 19, 2012, the City Clerk is also directed
to give notice of said hearing by sending written notice thereof by first
class mail to each and every property owner in the proposed
assessment district as their respective names and addresses appear on
the most current assessment roll in the City Assessor's office
On a motion by Pastor, seconded by Kritzman, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated July 18, 2012, which transmits its
resolution 07-65-2012 adopted on July 17, 2012, on Petition 2006-11-02-
29, submitted by MNB Dining/Thomas' Family Dining, requesting to
amend Council Resolution 48-07, previously approved by the City Council
on February 14, 2007, in order to convert a previously approved Tavern
License (sale of beer and wine for consumption on the premises) to a full
Class C liquor license (sale of beer, wine, mixed spirit drink, and spirits for
consumption on the premises), in connection with an existing full service
restaurant (Thomas' Family Dining) located on the south side of Plymouth
Road between Farmington Road and Stark Road (33971 Plymouth Road)
in the Northeast 1/4 of Section 33, which property is zoned C-2 and P, the
Council does hereby concur in the recommendation of the Planning
Commission and Council Resolution 48-07 is hereby amended and
Petition 2006-11-02-29, as revised, is hereby approved and granted,
subject to the following conditions
1 That condition #6 of Council Resolution 48-07 which reads, "That
this waiver is granted for the sale of beer and wine only, for the
consumption on the premises, and shall not include mixed spirit
drink or spirits as defined under the Michigan Liquor Control Code"
is hereby removed,
Regular Meeting Minutes of August 29, 2012 38409
2. That the use of a full Class C liquor license at this location shall be
permitted only under the circumstances that the Zoning Ordinance
standard set forth in Section 11 03(h)(1) requiring that there be at
least a one thousand feet (1000') separation between Class C
licensed establishments is waived by the City Council, and
3 That all other conditions imposed by Council Resolution 48-07,
which granted approval to utilize a Class C liquor license, shall
remain in effect to the extent that they are not in conflict with the
foregoing conditions
FURTHER, the Council does hereby waive the 1,000 foot separation
requirement as set forth in Section 11 03(h)(1) of Zoning Ordinance 543
A roll call vote was taken on the proposed resolution with the following result:
AYES Kntzman, Pastor, and Toy
NAYS Robinson, Brosnan, and McCann
The President declared the resolution failed due to lack of support.
On a motion by McCann, seconded by Brosnan, and unanimously
adopted, it was
#372-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 18, 2012, which transmits its
resolution 07-65-2012 adopted on July 17, 2012, on Petition 2006-11-02-
29, submitted by MNB Dining/Thomas' Family Dining, requesting to
amend Council Resolution 48-07, previously approved by the City Council
on February 14, 2007, in order to convert a previously approved Tavern
License (sale of beer and wine for consumption on the premises) to a full
Class C liquor license (sale of beer, wine, mixed spirit drink, and spirits for
consumption on the premises), in connection with an existing full service
restaurant (Thomas' Family Dining) located on the south side of Plymouth
Road between Farmington Road and Stark Road (33971 Plymouth Road)
in the Northeast 1/4 of Section 33, which property is zoned C-2 and P, the
Council does hereby concur in the recommendation of the Planning
Commission and Council Resolution 48-07 is hereby amended and
Petition 2006-11-02-29, as revised, is hereby approved and granted,
subject to the following conditions
1 That condition #6 of Council Resolution 48-07 which reads, "That
this waiver is granted for the sale of beer and wine only, for the
consumption on the premises, and shall not include mixed spirit
drink or spirits as defined under the Michigan Liquor Control Code"
is hereby removed,
Regular Meeting Minutes of August 29, 2012 38410
2 That the use of a full Class C liquor license at this location shall be
permitted only under the circumstances that the Zoning Ordinance
standard set forth in Section 11 03(h)(1) requiring that there be at
least a one thousand feet (1000') separation between Class C
licensed establishments is waived by the City Council,
3 That the Petitioner shall enter into a conditional agreement
limiting the waiver to this user only, with the provision to extend
this waiver use approval to a new user only upon approval of the
new user by the City Council, and
4 That all other conditions imposed by Council Resolution 48-07,
which granted approval to utilize a Class C liquor license, shall
remain in effect to the extent that they are not in conflict with the
foregoing conditions
FURTHER, the Council does hereby waive the 1,000 foot separation
requirement as set forth in Section 11 03(h)(1) of Zoning Ordinance 543
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was
#373-12 RESOLVED, that having considered a request from
Councilmember Maureen Miller Brosnan, the Council does hereby refer
the subject of the recent changes to the MLCC (Michigan Liquor Control
Commission) law and how various departments will proceed in
processing these notices during the 15-day window for approval to the
Department of Law for its report and recommendation
On a motion by Robinson, seconded by Brosnan, and unanimously
adopted, it was
#374-12 RESOLVED, that that having considered a request from
Councilmember Tom Robinson, the Council does hereby refer the
subject of MLCC (Michigan Liquor Control Commission) requests to the
Legislative Affairs Committee for its report and recommendation
On a motion by Pastor, seconded by McCann, it was
#375-12 RESOLVED, that having considered a communication from
the Department of Law, dated August 16, 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 on Wednesday, September 5, 2012, for the purposes of
discussing litigation matters and attorney/client privileged
Regular Meeting Minutes of August 29, 2012 38411
communications in connection with pending litigation, Comerica Bank v
City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Brosnan, Kritzman, McCann, Pastor, and Toy
NAYS None
The President declared the resolution adopted
On a motion by Pastor, seconded by McCann, it was
#376-12 RESOLVED, that having considered a communication from
the Department of Law, dated August 16, 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 on Wednesday, September 5, 2012, for the purposes of
discussing litigation matters and attorney/client privileged
communications in connection with pending litigation, Racer v City of
Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Brosnan, Kritzman, McCann, Pastor, and Toy
NAYS None
The President declared the resolution adopted
On a motion by Pastor, seconded by Kritzman, it was
#377-12 RESOLVED, that having considered a communication from
the Department of Law, dated August 16, 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 on Wednesday, September 5, 2012, for the purposes of
discussing litigation matters and attorney/client privileged
communications in connection with pending litigation, Motors Liquidators
Co. v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Brosnan, Katzman, McCann, Pastor, and Toy
NAYS None
The President declared the resolution adopted
Regular Meeting Minutes of August 29, 2012 38412
On a motion by McCann, seconded by Robinson, and unanimously
adopted, it was
#378-12 RESOLVED, that having considered a communication from
the Director of Finance, dated August 22, 2012, approved for submission
by the Mayor, the Council does hereby determine to conduct a public
hearing on Wednesday, October 3, 2012, at 7 00 p m at the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the
Annual Budget for the fiscal year ending on November 30, 2013, and the
City Clerk shall give adequate public notice of said public hearing in
accordance with provisions of law and City Charter
On a motion by McCann, seconded by Katzman, and unanimously
adopted, it was
#379-12 RESOLVED, that having considered a communication from
the Director of Finance, dated August 22, 2012, approved for submission
by the Mayor, the Council does hereby refer the subject of the Annual
Budget for the fiscal year ending on November 30, 2013, to the Finance,
Budget and Technology Committee for its report and recommendation
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#380-12 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda
On a motion by McCann, seconded by Brosnan, and unanimously
adopted, it was
#381-12 RESOLVED, that having considered a letter dated August
23, 2012, from James C McCann, Councilmember wherein it is
requested that Council Resolution 326-12 be amended to provide for
longer period of time for the duration of an Industrial Facilities Exemption
Certificate for Infineon Technologies North America Corporation for a
new facility being constructed at 19401 Victor Parkway, Livonia, MI
48152 (Industrial Development District No 114), the Council does
hereby amend and revise Council Resolution 326-12 so as to read as
follows
WHEREAS, the City Clerk has received an application for Industrial
Facilities Exemption Certificate from Infineon Technologies North
fi.. America Corporation, dated May 15, 2012, covering new industrial
Regular Meeting Minutes of August 29, 2012 38413
facilities to be located within City of Livonia Industrial Development
District No 114,
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed facility is to be located, I e , the City of Livonia, and advised
each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Infineon Technologies North
America Corporation, the Assessor, and a representative of each of the
affected taxing units an opportunity for a hearing on this application and
said hearing having in fact been conducted at 7 00 p m , Monday, June
11, 2012, at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan
WHEREAS, the aggregate SEV of real and personal property exempt
from ad valorem taxes within the City of Livonia after granting this
certificate will not exceed 5% of an amount equal to the sum of the SEV
of the unit, plus the SEV of personal and real property thus exempted
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received
from the applicant, Infineon Technologies North America
Corporation, finds and determines
(a) That the granting of this Industrial Facilities Exemption
Certificate shall not have the effect of substantially
impeding the operation of the local governmental unit or
impairing the financial soundness of any taxing unit which
levies an ad valorem property tax in the local governmental
unit in which the facility is to be located, and
(b) The applicant has fully complied with the requirements of
Section 9, Act No 198, P.A. 1974, as amended
2 That the City Council hereby approves the application for
Industrial Facilities Exemption Certificate from Infineon
Technologies North America Corporation covering new
industrial facilities to be located within the City of Livonia
Industrial Development District No 114 for ten years, with the
understanding that Infineon Technologies North America
Corporation agrees to waive its appeals rights on the
assessed, taxable, and State Equalized Value as to all real
and personal property situated in the City of Livonia,
including but not limited to the property located at 19401
Victor Parkway, in any and all forums, for three (3) years.
Regular Meeting Minutes of August 29, 2012 38414
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a Letter of Agreement between
the applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and
the City Council upon approval of an Industrial Facilities
Exemption Certificate, the Council hereby authorizes the Mayor
and City Clerk to sign such Letter of Agreement as duly executed
by the applicant and incorporate such Letter of Agreement as part
of the documentation required to process applications for
Industrial Facilities Exemption Certificates
President Toy announced the City's Fall Newsletter has been mailed out
to residents and indicated there is a question and answer section within the newsletter
pertaining to the new water rates for residents who are interested
There was no Audience Communication at the end of the meeting
On a motion by Pastor, seconded by Kritzman, and unanimously
adopted, this 1711th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 46 p m
Marecki, City Clerk