HomeMy WebLinkAboutCOUNCIL MINUTES 2012-09-12 38415
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND TWELFTH
REGULAR MEETING OF SEPTEMBER 12, 2012
On September 12, 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 Kritzman led the meeting with the Pledge of Allegiance
Roll was called with the following result: Brandon Kritzman, James
McCann, Joe Laura, John Pastor, Thomas Robinson, and Laura Toy Absent:
Maureen Miller Brosnan
Elected and appointed officials present: Mark Taormina, City Planner;
Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Don Knapp, City
Attorney; Terry A. Marecki, City Clerk, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Robinson, it was
#382-12 RESOLVED, that the Minutes of the 1,711th Regular
Meeting of the Council held August 29, 2012, are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Kritzman, McCann, Pastor, Robinson, and Toy
NAYS None
ABSTAIN Laura *
*Laura abstained from voting, which is recorded as a "yes" vote under the provisions
of Section 2 04 190B of the Livonia Code of Ordinances
Robinson reminded residents the Livonia Symphony Orchestra will host
its 40th Anniversary Kick Off event at Laurel Park Office Center on Thursday,
September 27th starting at 7 00 p m and encouraged all to attend If residents need
additional information, Robinson suggested they contact the Livonia Symphony
Orchestra at (734) 427-2782 or visit their website
Mayor Kirksey addressed Council to express Livonia's sympathy to the
family members of fallen Police Officer Patrick O'Rourke, who was killed in the line of
Regular Meeting Minutes of September 12, 2012 38416
duty this past week in West Bloomfield Township Mayor Kirksey stated this tragedy
reminds everyone of Livonia's fallen officer, Larry Nehasil, and indicated the
community's thoughts and prayers go out to the families of these fallen officers
Mayor Kirksey also announced the Navy & Marine Band performed
recently on the steps of City Hall and stated it was a very patriotic event which was
well attended by approximately 600 people Mayor Kirksey thanked all those who
assisted in organizing such a great event and stated the music was outstanding
Mayor Kirksey stated this week is "Navy Week in Detroit" and thanked all those who
serve our country
During Audience Communication, Chuck Hoffman, 34360 Parkdale,
addressed Council to express his displeasure with the increased water rates and
indicated the higher rates create a hardship for many Livonia residents for whom he
had empathy Mr Hoffman inquired if the water rates could be restructured to reflect a
percentage of water used rather than a flat, fixed rate increase and stated the rates
should have been modeled more fairly for residents
A communication from the Department of Finance, dated August 20,
2012, re forwarding various financial statements of the City of Livonia for the month
ending July 31, 2012, was received and placed on file for the information of the
Council
A communication from Fadi Mona, Interstate Wireless, received via
facsimile on September 11, 2012, re request to change the date of Grand Opening
event for a Metro PCS store located at 15371 Merriman Road to Friday, September
21, 2012, was received and placed on file for the information of the Council.
At the direction of the Chair, Agenda Item #2 was removed from the
Consent portion of the Agenda
On a motion by Pastor, seconded by Robinson, it was
#383-12 RESOLVED, that having considered a letter from Kevin
Murphy, Athletic Director, Clarenceville High School, dated August 27,
2012, the Council does hereby approve and recognize the Clarenceville
High School Homecoming Parade to be held on Friday, October 5, 2012,
beginning at 5 30 p m , FURTHER, the Council does hereby approve the
parade route as follows
Exit the west driveway of Botsford Elementary and travel
north on Brentwood to Pembroke, west on Pembroke to
Regular Meeting Minutes of September 12, 2012 38417
Weyher, south on Weyher to St. Martins, west on St.
Martins to Parkville, north on Parkville to Bretton, west on
Bretton to Middlebelt; and north on Middlebelt to the
Clarenceville Middle School parking lot;
FURTHER, the Council does hereby request that the Wayne County
Department of Public Services allow the City of Livonia to close the
necessary roads between the hours of 5 00 p m and 8 00 p.m or until
the roads are returned to normal traffic operation, that the City of Livonia
will assume liability for any damage claims which may arise as a result of
the road closure, as to Wayne County only; and that Police Officer Keith
Schoen is hereby designated and authorized to sign the road closure
permit on behalf of the City of Livonia
A communication from the Office of the City Clerk, dated August 20,
2012, re tax rate for the Livonia Public Schools School District for the 2012-2013
school year, as approved by the Board of Education on June 18, 2012, was received
and placed on file for the information of the Council
A communication from the Office of the City Clerk, dated August 20,
2012, re tax rate for the Clarenceville School District for the 2012-2013 school year,
as approved by the Board of Education on July 28, 2012, was received and placed on
file for the information of the Council
A communication from the Office of the City Clerk, dated August 20,
2012, re tax rate for the Wayne County Regional Educational Service Agency (RESA)
for the year 2012, as approved by the Board of Education requesting that their tax levy
be collected as a Summer tax and that their two (2) millage rates be identified
separately on property tax bills, was received and placed on file for the information of
the Council
#384-12 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 2, 2012, and the
report and recommendation of the Chief of Police, dated July 17, 2012,
approved for submission by the Mayor, regarding a request from Olson
Business Acquisitions, LLC, for transfer of ownership of a 2011 Class C
licensed business (in escrow) with Official Permit (Dance-Entertainment)
Regular Meeting Minutes of September 12, 2012 38418
from Fonte Business Acquisitions, LLC, for a business located at 32030
Plymouth Road, Livonia, Michigan 48150, Wayne County, the Council
does hereby determine to take no further action with regard to this
matter
#385-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 22, 2012, which transmits
its resolution 08-68-2012, adopted on August 21, 2012, with regard to
Petition 2012-08-SN-04, submitted by Classic Canopy & Signs,
requesting approval for a ground sign for a restaurant (New Big Daddy's)
located on the west side of Victor Parkway between Seven Mile Road
and Pembroke Avenue (19333 Victor Parkway) in the Southeast 1/4 of
Section 6, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2012-08-SN-04 is hereby approved
and granted, subject to the following conditions
1 That the Sign Package submitted by Classic Canopy & Signs, as
received by the Planning Commission on August 2, 2012, is
hereby approved and shall be adhered to,
2 That this approval shall supersede Condition #4 of Council
Resolution 193-95 by permitting a ground (monument) sign on the
subject site,
3 That the ground sign shall not be illuminated beyond one (1) hour
after this business closes,
4 That the brick used for the base of the ground (monument) sign
shall match the brick of the restaurant;
5 That any additional signage shall be separately submitted for
review and approval by the Zoning Board of Appeals, and
6 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
sign permits are applied for
#386-12 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 23, 2012, which
bears the signature of the Finance Director and the Director of Public
Works and is approved for submission by the Mayor, the Council does
hereby accept the unit price bid of Imperial Landscaping, Inc., 10001
Blackburn, Livonia, Michigan 48150, for completing all work in
connection with the improvements to the Livonia Police Station entrance
(Contract 12-E) for the estimated total cost of $250,000 00 based upon
the Engineering Department's estimate of units involved, and subject to
a final payment based upon the actual units completed in accordance
with the unit prices accepted herein, said estimated cost and unit prices
Regular Meeting Minutes of September 12, 2012 38419
having been in fact the lowest bid received for this item, FURTHER, the
Council does hereby authorize an expenditure in an amount not to
exceed $195,000 00 from funds budgeted in Account No 401-000-971-
000 (Capital Projects) for this purpose, FURTHER, the Council does
hereby authorize an additional appropriation and expenditure in an
amount not to exceed $55,000 00 from the Unexpended Fund Balance
of the Capital Project Fund (401) for this purpose, FURTHER, the
Council does hereby authorize an expenditure in an amount not to
exceed $49,800 00 to Spalding DeDecker, Inc , 905 South Blvd East,
Rochester Hills, Michigan 48037 for construction observation, minor
construction administration, staking and layout, materials testing, design
modifications and shop drawing review from the Unexpected Fund
Balance of the Capital Projects Fund (401), and the City Engineer is
hereby authorized to approve 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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Kritzman, McCann, Laura, Pastor, Robinson, and Toy
NAYS None
On a motion by Pastor, seconded by Laura, and unanimously adopted, it
was
#387-12 RESOLVED, that having considered a letter from Fadi
Mona, Interstate Wireless Store Manager, received in the Office of the
City Clerk on August 27, 2012, which requests permission to waive
Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, as
amended, in connection with the Grand Opening of a Metro PCS store at
the corner of Five Mile and Merriman Road (15371 Merriman Road) to
allow a local radio station to play music and entertain their customers on
Friday, September 21, 2012, the Council does hereby determine to
waive Section 8 32 070 (Noise Control) of the Livonia Code of
Ordinances from 1 00 p m to 7 00 p m in connection with this event to
be held on Friday, September 21, 2012
A communication from the Department of Finance, dated August 29,
2012, re information requested at the Finance, Budget and Technology Committee
meeting of August 22, 2012, concerning Advance Budget Reviews, was received and
placed on file for the information of the Council (CR 161-12)
Regular Meeting Minutes of September 12, 2012 38420
A communication from the Department of Finance, dated August 29,
2012, re Plymouth Road Development Authority (PRDA) Debt Management Plan,
was received and placed on file for the information of the Council (CR 161-12)
A communication from the Department of Assessment, received on June
15, 2012, containing the "City of Livonia 2012 Assessment Data Booklet" re budget
issues for the Fiscal Year 2012-2013, was received and placed on file for the
information of the Council (CR 161-12)
A communication from the Finance Department, received at the Finance,
Budget and Technology Committee meeting of August 22, 2012, titled "Refuse and
Recycling Millage Under Maximum", was received and placed on file for the
information of the Council (CR 161-12)
A communication from the Department of Law, dated August 10, 2012,
re legal opinion as to whether the Plymouth Road Development Authority (PRDA) can
levy its own millage, was received and placed on file for the information of the Council
(CR 161-12)
Robinson provided a verbal update on the subject of Advance Budget
Reviews and indicated the subject matter would remain in the Finance, Budget and
Technology Committee at this time (CR 161-12)
Robinson provided a verbal update on the subject of Livonia Tomorrow
and prioritizing $100,000 from the 2012-2013 Budget for same and indicated the
subject matter would remain in the Finance, Budget and Technology Committee at this
time (CR 302-12)
McCann took from the table for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 145 OF TITLE 15, CHAPTER
32 (PROPERTY MAINTENANCE CODE) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
Regular Meeting Minutes of September 12, 2012 38421
AYES Kritzman, McCann, Laura, Pastor, Robinson, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Pastor took from the table for second reading and adoption, 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)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Kritzman, McCann, Laura, Pastor, Robinson, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
At the direction of the Chair, Agenda Items #12 and #13 were removed
from the Agenda to be heard at a future Regular meeting
On a motion by McCann, seconded by Laura, and unanimously adopted,
it was
#388-12 RESOLVED, that having considered a communication from
the Department of Law, dated August 23, 2012, approved for submission
by the Mayor, transmitting for Council acceptance a Grant of Easement
executed by Covington Center, LLC, in connection with the development
of a new water main for the property located at 38401 Amrhein Road in
the South 1/2 of Section 30, more particularly described as
(New 20-foot Wide Water Main Easement)
A 20 foot wide easement for public water main of part of the
South 1/2 of Section 30, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, being more particularly
described as commencing at the center of said Section 30, thence
Regular Meeting Minutes of September 12, 2012 38422
South 89°45'00" East, 424 78 feet along the East and West 1/4 line
and Due South 43 00 feet to the Point of Beginning, thence South
89°45'00" East 20 00 feet; thence Due South 11 48 feet; thence
South 44°04'23" East 123 06 feet; thence South 00°35'16" West
140 70 feet; thence South 89°24'44" East 30 65 feet; thence
South 00°35'16" West 20 00 feet; thence North 89°24'44" West
30 65 feet; thence South 00°35'16" West 278 55 feet; thence
South 88°32'25" East 49 35 feet; thence South 00°16'18" West
4 37 feet; thence North 88°32'25" West 69 38 feet; thence North
00°35'16" East 435 10 feet, thence North 44°04'23" West 122 94
feet; thence Due North 19 69 feet to the Point of Beginning
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested
to have,the same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the purpose of this
resolution
On a motion by McCann, seconded by Pastor, and unanimously
adopted, it was
#389-12 RESOLVED, that having considered a communication from
the Department of Law, dated August 28, 2012, approved for submission
by the Mayor, transmitting for Council acceptance a Quit Claim Deed
executed by Mr Leo Soave, President of Leo Soave Development, LLC,
for the Ann Arbor Trail right-of-way more particularly described as
The South 60 feet of the following described parcel Part of the
Southeast 1/4 of Section 32, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, described as beginning S
01°50'10" W 1673 28 feet along the East line of said Section 32
and N 86°10'00" W 667 85 feet from the East 1/4 corner of said
Section 32, thence N 86°10'00" W 390 00 feet; thence N
03°34'20" E 330 00 feet; thence N 89°45'00" E 390 87 feet;
thence S 03°34'20" W 357 83 feet to the point of beginning
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Quit Claim Deed and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to do
all other things necessary or incidental to fulfill the purpose of this
resolution, FURTHER, the Council does hereby, for and in behalf of the
City of Livonia, authorize the Mayor and City Clerk to execute a Quit
Claim Deed conveying the above described property to the County of
Wayne in a form to be approved by the Department of Law
There was no Audience Communication at the end of the meeting
ir..
Regular Meeting Minutes of September 12, 2012 38423
On a motion by Pastor, seconded by McCann, and unanimously
adopted, this 1,712th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 35 p m
/L (( tCc477( !�
Terry AJrecki, City Clerk