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HomeMy WebLinkAboutCOUNCIL MINUTES 2012-03-07 38172 MINUTES OF THE ONE THOUSAND SEVEN HUNDREDTH REGULAR MEETING OF MARCH 7, 2012 On March 7, 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 Councilmember Laura led the meeting with the Pledge of Allegiance, joined by two future Eagle Scouts from Troup #1539, Brandon Gaines and Brian Hives Roll was called with the following result: Joe Laura, John Pastor, Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, James McCann, and Laura Toy Absent: None Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City Attorney; Sue Hoff, Deputy City Clerk, and Mayor Jack Kirksey On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #65-12 RESOLVED, that the Minutes of the 1,699th Regular Meeting of the Council held February 22, 2012, are hereby approved as submitted Vice President Pastor thanked everyone for all their well wishes to him and his family following the passing of his mother, who passed away unexpectedly on Sunday, March 4th Vice President Pastor stated the funeral arrangements will be held at the Neely-Turowski Funeral Home in Livonia on Five Mile Road with visitation scheduled for Saturday, March 10th from 2 00 — 7 00 p m , Sunday, March 11th from 1 00 — 9 00 p m , and the funeral service to be held on Monday, March 12th at 11 00 a m at Neely-Turowski Vice President Pastor indicated donations in honor of his mother, in lieu of flowers, can be made to the Children's Miracle Network and requested a moment of silence in her honor President Toy expressed condolences to the Pastor family for their loss and indicated Mrs Pastor always expressed her pride in her son, Vice President Pastor, and was a great contributor to the Livonia community and would be missed by all Regular Meeting Minutes of March 7, 2012 38173 Todd Zilincik, City Engineer, announced the Michigan Department of Transportation and the City of Livonia will host a meeting on Thursday, March 15th from 5 00 p m to 7 00 p m in the Fifth Floor Gallery of City Hall to discuss a Reconstruction Project along Old M-14 (Ann Arbor Road), from Newburgh Road to Market Street, and encouraged all interested businesses and residents to attend the meeting to provide their input and obtain answers to any questions they may have as the Reconstruction Project is scheduled to begin in 2015 Mayor Kirksey addressed Council and offered his sincere condolences and sympathy to Vice President Pastor from his family Mayor Kirskey indicated Mrs Pastor was truly a wonderful woman who would be missed by all Mayor Kirksey also offered congratulations to the Scouts who were present at the meeting working on their Eagle Scout badge and stated it was an honorable pursuit to reach such a high ranking in the Scout organization Mayor Kirksey announced he will provide the State of the City address on Thursday, March 8th at Laurel Manor The speech will provide insight and look at the City's past and how the City will proceed in the future Mayor Kirksey indicated residents who are interested in viewing the State of the City address will be able to view the speech on the City's cable channel in the near future Mayor Kirksey also announced the Michigan Public Service Commission has indicated its intent to provide a provision to allow communities to opt out of the installation of Smart Meters by DTE Energy Mayor Kirksey indicated no Smart Meters have been activated within the Livonia community to date and the Council has been very patient in hearing concerns from both residents and non-residents concerning this matter Mayor Kirksey concluded by indicating Councilmember Brosnan will host the Infrastructure and Community Transit Committee meeting to discuss Smart Meters on Monday, March 19th at 7 00 pm at City Hall and DTE representatives have been invited to attend the meeting to answer questions and concerns raised by residents and encouraged anyone interested to attend the March 19th meeting On a motion by Robinson, seconded by Laura, and unanimously adopted, it was #66-12 RESOLVED, that at the request of Councilmember Thomas Robinson, and following discussion by Council, the Council does hereby refer the subject matter of reconstruction of Plymouth Road, from Inkster Road to Levan Road, to the Infrastructure and Community Transit Committee for its report and recommendation During Audience Communication, George Boller, 36270 Hammer Lane, Livonia, addressed Council to inquire why there was no rule in place to prohibit non- residents from addressing Council during their meetings Mr Boller also inquired why the Executive branch has failed to comply with Ordinance 12 04 200, in particular Section 8 Regular Meeting Minutes of March 7, 2012 38174 John Holeton, 2392 Barclay Avenue, Shelby Township, addressed Council and presented additional information concerning Smart Meters and indicated tip his intent to help the Livonia community Mr Holeton indicated the Smart Meters provide no cost benefit and stated his concern for Council to protect the rights of Livonia residents Ron Yarbrough, 33428 Richland Street, Livonia, addressed Council to indicate House Bill 5439 in the Michigan Legislature has been designed to abolish the Michigan Public Service Commission and does not protect the rights of citizens by allowing an opt out feature Mr Yarbrough stated he wrote a letter to Congressman Thaddeus McCotter expressing his objections to Smart Meters and the reply he received back from Congressman McCotter thanked him for his concern but redirected him to the City Council and Mayor Kirksey, which he stated have jurisdiction over the matter Suzanne Yarbrough, 33428 Richland Street, Livonia, expressed her concern for having her privacy invaded by Smart Meters and compared them to a "peeping Tom" Ms Yarbrough encouraged Council to adopt a moratorium banning Smart Meters and provided additional information to the Council for their review and consideration regarding the amount of radiation emitted by Smart Meters Brosnan announced the Infrastructure and Community Transit Committee meeting regarding the issue of Smart Meters has been scheduled to take place at 7 00 p m on Monday, March 19th at City Hall Brosnan indicated invitations were extended to DTE and the Michigan Public Service Commission and only DTE representatives will be able to attend to answer any questions or concerns of residents and encouraged anyone with an interest in the matter to attend the Committee meeting on March 19th On a motion by Pastor, seconded by Kritzman, and unanimously adopted, it was #67-12 RESOLVED, that having considered a communication from the City Clerk, dated February 3, 2012, forwarding an application submitted by Marjorie Bourdeau, 7098 Arcola, Garden City, Michigan 48135, 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 #68-12 RESOLVED, that having considered a communication from the Mayor, dated February 16, 2012, wherein he has requested approval of the reappointment of Scott Grace, 31007 Munger, Livonia, Michigan 48154, to the Local Officers Compensation Commission for a seven-year term expiring April 2, 2019, pursuant to Section 2 48 020 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Regular Meeting Minutes of March 7, 2012 38175 Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. #69-12 RESOLVED, that having considered a communication from the Mayor, dated February 16, 2012, wherein he has requested approval of the reappointment of Richard Hayward, 17159 Loveland, Livonia, Michigan 48152, to the Local Officers Compensation Commission for a seven-year term expiring April 2, 2019, pursuant to Section 2 48 020 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. #70-12 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated February 6, 2012, approved for submission by the Mayor, to which is attached recommended final budget adjustments required for the Fiscal Year 2011 budget, the Council does hereby authorize said budget adjustments and transfers in the manner and form set forth in the attachment. #71-12 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated February 13, 2012, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and is approved for submission by the Mayor, the Council does hereby authorize the purchase of six replacement patrol vehicles as follows Four (4) 2013 Ford Taurus Police Interceptors from Signature Ford, 1960 E Main Street, Owosso, Michigan 48867, in the amount of $26,871 00 each for a total amount of $107,484 00 through the Macomb County consortium, and Two (2) 2013 Ford Explorer Utility Police Interceptors from Signature Ford, 1960 E Main Street, Owosso, Michigan 48867, in the amount of $25,933 00 each for a total amount of $51,866 00 through the Macomb County consortium FURTHER, the amount of $159,350 00 is hereby authorized to be expended from funds already budgeted for this purpose in Account No 401-000-985-000, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low Macomb County consortium bid 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, FURTHER, the Council does hereby determine that the six (6) vehicles being replaced shall be considered surplus property and offered to other City departments or disposed of at auction upon receipt of the new vehicles Regular Meeting Minutes of March 7, 2012 38176 #72-12 RESOLVED, that having considered a communication from the Chief of Police, dated February 13, 2012, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and is approved for submission by the Mayor, to which is attached a revised Intergovernmental Agreement between the City of Livonia and the County of Wayne, the Council hereby approves the proposed revisions to the Intergovernmental Agreement pertaining to the 2011 Justice Assistance Grant (JAG), and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the revised Intergovernmental Agreement in the manner and form herein submitted #73-12 RESOLVED, that having considered a communication from the Director of Community Resources and the Chairperson of the Historical Commission, dated February 15, 2012, and approved for submission by the Mayor, to which is attached a letter from Peg Dunlop, on behalf of St. Andrew's Society of Detroit, requesting permission to hold the 163`d, 164th and 165th Annual Highland Games at Greenmead, the Council does hereby grant permission as requested, the action taken herein being subject to the following conditions 1 That the St. Andrew's Society of Detroit and all equipment operators shall provide the City of Livonia with appropriate insurance policies naming the City of Livonia as additional insured with liability coverage of $1 million, and all certificates of insurance shall be submitted to the Department of Law for approval by the City prior to each event; 2 That the St. Andrew's Society of Detroit and any vendors involved in the sale of beer, wine or liquor on Greenmead property shall provide the City of Livonia with an insurance policy naming the City of Livonia as additional insured with liquor liability coverage in the amount of $1 million, such certificate to be submitted to the Department of Law for approval by the City prior to each event; 3 That the St. Andrew's Society of Detroit shall execute a hold harmless agreement in favor of the City of Livonia in a manner and form acceptable to the Department of Law; 4 That all vendors must obtain transient merchant licenses from the City of Livonia prior to the event, and all necessary licenses and permits from state and county agencies prior to each event; 5 That the St. Andrew's Society of Detroit shall pay the police fee as stated on the City of Livonia Fees/Waivers IV Category Grid as established in Council Resolution 371-93, adopted on May 5, 1993, Regular Meeting Minutes of March 7, 2012 38177 FURTHER, the Council does hereby approve the proposed flat rate fee of $8,000 00 as set forth in the attachment to the aforementioned correspondence from the St. Andrew's Society of Detroit for use of the property; in addition to this flat fee, the following additional payment will be paid to the City by the year end according to the profits derived from the Games 0 - $25,000 00 (zero) $25,001 - 30,000 $250 00 $30,001 - 35,000 $500 00 $35,001 - 40,000 $750 00 $40,001 + $1,000 00 and with the further understanding that the Historical Commission will be receiving $1 00 from the proceeds of each advance ticket sold and $2.00 from the proceeds of each advance patron ticket sold and additional revenues from the operation of its food booths and gift shop #74-12 RESOLVED, that having considered a communication from the Director of Community Resources, dated February 13, 2012, which bears the signatures of the Finance Director and the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed agreement for the Specialized Services Operating Assistance Program Third-Party Contract between SMART and the City of Livonia for the period October 1, 2011, through September 30, 2012, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said Agreement in the manner and form herein submitted, provided that the Agreement is approved as to form by the Department of Law #75-12 RESOLVED, that having considered a communication from the Director of Community Resources, dated January 30, 2012, which bears the signature of the Finance Director and the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed Addendum to Specialized Services Vehicle Agreement between SMART and the City of Livonia to provide the City (without charge) the use of one (1) 2011 Eldorado lift equipped bus, No 31033, VIN No 1GB6G5BL7B115319, purchased with Federal Transportation Administration Section 5310 Program funds, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said Addendum to said Agreement in the manner and form herein submitted, provided that the Agreement is approved as to form by the Department of Law #76-12 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service - Operations, dated February 14, 2012, which bears the signature of the Director of Finance and is approved for submission Regular Meeting Minutes of March 7, 2012 38178 by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2012, through April 30, 2013 1 Nagle Paving Company, 39525 13 Mile Road, Novi, Michigan 48377 MDOT 13AHMA $5257 per ton M D O T 36A HMA 56 07 per ton MDOT 1500 T 20 AAA 52 57 per ton 2 Cadillac Asphalt, LLC, 51777 West 12 Mile Road, Wixom, Michigan 48393 Cold Patch Asphaltic Material Pave 192, Delivered $85 75 per ton 3 Saginaw Asphalt Paving Company, 2981 Carrollton Road, Saginaw, Michigan, 48604 Cold Patch Material Q P R or U P M , delivered $99 51 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2012, through April 30, 2013 1 Cadillac Asphalt LLC, 51777 West Twelve Mile Road, Wixom, Michigan 48393 MDOT 13A HMA $56 39 per ton M D O T 36 HMA 65 39 per ton MDOT 1500T 20 AAA 56 39 per ton 2 Ajax Materials Corporation, 830 Kirts Boulevard, Suite 100, Troy, Michigan 48084 Cold Patch Asphaltic Material (Pave 192), delivered $91 00 per ton Cold Patch Material Q P R or U P M , delivered $100 00 per ton FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 101-463-782-000 (Roads Maintenance) for this purpose Regular Meeting Minutes of March 7, 2012 38179 #77-12 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 14, 2012, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, regarding repair of sidewalks in the City of Livonia pursuant to the 2011 Sidewalk Program, at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution No 148-11 and in accordance with the provisions of Section 340 of Title 12, Chapter 4 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of June 6, 2012, at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution #78-12 RESOLVED, that having considered a communication from the City Engineer, dated February 15, 2012, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached lists of sidewalks requiring installation or replacement within miscellaneous locations throughout the City of Livonia, said list being included herein by reference, and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said list to install or to remove and replace sidewalk at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Title 12, Section 340 of the Livonia Code of Ordinances, as amended, FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than June 1, 2012, after which date the Engineering Division shall arrange for the construction and/or reconstruction of the said sidewalks, FURTHER, the Council does hereby authorize the construction and/or reconstruction of various sections of sidewalks and crosswalks at several locations within the City inasmuch as the same are the City's responsibility #79-12 RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 2012, which transmits its resolution 01-13-2012, adopted on January 31, 2012, with regard to Petition 2012-01-08-01 submitted by Livonia Dental Care, requesting site plan approval in connection with a proposal to construct an addition to the existing building on property located on the north side of Five Mile Road between Farmington Road and Surrey Avenue (33428 Five Mile Regular Meeting Minutes of March 7, 2012 38180 Road), in the Southeast 1/4 of Section 16, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2012-01-08-01 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet No SD-1 dated January 16, 2012, as amended, prepared by Garnet R. Cousins, is hereby approved and shall be adhered to, 2 That the Elevations Plans marked Sheet No A-3 dated January 16, 2012, as amended, prepared by Garnet R. Cousins, is hereby approved and shall be adhered to, 3 That the paint used on the exterior of the addition shall match the color and shade of the exterior paint of the existing building, 4 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 5 That all light fixtures shall not exceed twenty (20') feet in height as measured from the finish grade at the base of the structure to the top of the light fixture, and such fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 6 That the petitioner shall correct to the Inspection Department's satisfaction the items outlined in the correspondence dated January 24, 2012, 7 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, 8 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 9 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolutions with the following result: Regular Meeting Minutes of March 7, 2012 38181 AYES Laura, Pastor, Robinson, Brosnan, Katzman, McCann, and Toy NAYS None Laura provided a verbal update on the subject of an Economic Development Strategic Plan and indicated the subject matter would remain in the Economic Development, Community Outreach and Strategic Planning Committee at this time (CR 255-04) Laura provided a verbal update on the subject matter of a proposed vision process and indicated the subject matter would remain in the Economic Development, Community Outreach and Strategic Planning Committee at this time (CR 545-05) On a motion by Laura, seconded by McCann, and unanimously adopted, it was #80-12 RESOLVED, that having considered the report and recommendation of the Economic Development, Community Outreach and Strategic Planning Committee, dated February 15, 2012, submitted pursuant to Council Resolution 597-06, regarding the subject of re- establishing the Christmas Parade in the City and other holiday-related activities, the Council does hereby determine to take no further action with regard to this matter On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #81-12 RESOLVED, that having considered the report and recommendation of the Economic Development, Community Outreach and Strategic Planning Committee, dated February 15, 2012, submitted pursuant to Council Resolution 125-07, regarding the subject of making the City of Livonia wireless, the Council does hereby determine to take no further action with regard to this matter On a motion by Laura, seconded by McCann, and unanimously adopted, it was #82-12 RESOLVED, that having considered the report and recommendation of the Economic Development, Community Outreach and Strategic Planning Committee, dated February 15, 2012, submitted pursuant to Council Resolution 339-09, regarding an update on various economic development matters since the resignation of the Director and requesting a report and recommendation from the Administration on Regular Meeting Minutes of March 7, 2012 38182 same, the Council does hereby determine to take no further action with regard to this matter On a motion by Laura, seconded by McCann, and unanimously adopted, it was #83-12 RESOLVED, that having considered the report and recommendation of the Economic Development, Community Outreach and Strategic Planning Committee, dated February 15, 2012, submitted pursuant to Council Resolution 31-12, regarding the subject of selling City-owned properties, the Council does hereby determine to take no further action with regard to this matter Laura provided a verbal update on the subject of creating a "Downtown Livonia" area and indicated the subject matter would remain in the Economic Development, Community Outreach and Strategic Planning Committee at this time (CR 35-12) A communication received at the City Council Regular Meeting of December 3, 2008, re revised City of Livonia Four Category Fees/Waivers Grid Chart as revised pursuant to CR 546-08, was received and placed on file for the information of the Council (CR 341-96) On a motion by Robinson, seconded by Pastor, and unanimously adopted, it was #84-12 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated February 23, 2012, submitted pursuant to Council Resolution 341- 96, regarding the subject of Facility Reservation Fees as prescribed in the "City of Livonia Fees/Waivers" Policy and the accompanying Four Category Grid, the Council does hereby determine to take no further action with regard to this matter On a motion by Robinson, seconded by Brosnan, and unanimously adopted, it was #85-12 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated February 23, 2012, submitted pursuant to Council Resolution 577- 04, regarding the possible adoption of a proposed resolution to review and monitor investments for losses suffered due to corporate fraud Regular Meeting Minutes of March 7, 2012 38183 mismanagement and to pursue recovery of such losses through the class action litigation process when appropriate, in connection with the City's Defined Benefit and Defined Contribution Retirement Plans, the Council does hereby determine to take no further action with regard to this matter On a motion by Robinson, seconded by Kritzman, and unanimously adopted, it was #86-12 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated February 23, 2012, submitted pursuant to Council Resolution 359- 05, regarding the subject of collection funds to develop and maintain the Veterans' Memorial located at the NE corner of Five Mile and Farmington Roads, the Council does hereby determine to take no further action with regard to this matter Robinson provided a verbal update on the subject of a Plan Administrator for the City's 401(a) Defined Contribution Retirement Plan and indicated the subject matter would remain in the Finance, Budget and Technology Committee at this time (CR 457-07) Osn a motion by Robinson, seconded by Brosnan, and unanimously adopted, it was #87-12 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated February 23, 2012, submitted pursuant to Council Resolution 500- 09, regarding the general subject matter of telecommunication system upgrades for report and recommendation, the Council does hereby determine to take no further action with regard to this matter Two communications from the Zoning Board of Appeals, dated December 1, 2011, and December 1, 2010, re Annual Report for 12/1/10 - 11/30/11 and Annual Report for 12/1/09 — 11/30/10, were received and placed on file for the information of the Council (CR 737-00) On a motion by McCann, seconded by Laura, and unanimously adopted, it was #88-12 RESOLVED, that having considered the report and lbw recommendation of the Committee of the Whole, dated February 27, Regular Meeting Minutes of March 7, 2012 38184 2012, submitted pursuant to Council Resolution 737-00, regarding the subject of the Zoning Board of Appeals performance and procedures, the Council does hereby refer the subject of size of garages and what other communities allow to the Planning Department for its report and recommendation On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #89-12 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 27, 2012, submitted pursuant to Council Resolution 737-00, regarding the subject of the Zoning Board of Appeals performance and procedures, the Council does hereby refer the subject of the length of time an RV can be stored at a residence to the Planning Department for its report and recommendation On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #90-12 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 27, 2012, submitted pursuant to Council Resolution 737-00, regarding the subject of the Zoning Board of Appeals performance and procedures, the Council does hereby determine to take no further action with regard to this matter On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #91-12 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 27, 2012, submitted pursuant to Council Resolution 875-00, regarding the subject of language on use of helmet for bicycle riders and rollerbladers who are under 16 years old to send to State Elected Officials, the Council does hereby determine to take no further action with regard to this matter A communication from the Department of Finance, dated March 5, 2012, re delinquent water invoice balance for property located at 29401 Seven Mile Road, was received and placed on file for the information of Council (Petition 97-08-08-21) �'" (CR 116-02) Regular Meeting Minutes of March 7, 2012 38185 On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #92-12 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 27, 2012, submitted pursuant to Council Resolution 116-02, regarding the subject of Petition 97-08-08-21 submitted by Jaafar Investment Group, on behalf of Sunoco Gas Station, in order to construct a trash dumpster enclosure for the gas station located on the Southwest corner of Seven Mile and Middlebelt Roads (29401 Seven Mile Road) in the Northeast '/4 of Section 11, the Council does hereby determine to take no further action with regard to this matter A communication from the Department of Law, dated February 10, 2012, re answer to Housing questions raised by Councilmember Robinson, was received and placed on file for the information of the Council (CR 40-09) President Toy provided a verbal update on the Housing and Economic Recovery Act of 2008 and indicated the subject matter would remain in the Committee of the Whole at this time (CR 40-09) Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 50D OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2011-10-06-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by McCann, seconded by Pastor, and unanimously adopted, it was Regular Meeting Minutes of March 7, 2012 38186 #93-12 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated February 2, 2012, which sets forth its resolution 01-12-2012, adopted on January 31, 2012, with regard to a request submitted by S&N Development Company, for a seventh extension of the site plan approval for Petition 2003-02-08-05, in connection with a proposal to construct an office building on property located on the north side of Seven Mile Road, between Newburgh Road and Victor Parkway (37640 Seven Mile Road), in the Southeast 1/4 of Section 6, previously granted in Council Resolution 183-03, adopted on April 23, 2003, and most recently extended in Council Resolution 114-10, adopted on April 12, 2010, the Council does hereby concur in the recommendation of the Planning Commission and does hereby approve the requested seventh extension of the site plan approval in connection with Petition 2003-02-08-05, subject to the following conditions 1 That the request for a seventh (7th) extension of Site Plan Approval by Sam Shane, managing member of S&N Development Company, in a letter dated January 12, 2012, is hereby approved for a two-year period, and 2 That all conditions imposed by Council Resolution 183-03 in connection with Petition 2003-02-08-05, which permitted the construction of a three-story office building, shall remain in effect to the extent that they are not in conflict with the foregoing 1.• condition On a motion by Pastor, seconded by McCann, and unanimously adopted, it was #94-12 RESOLVED, that having considered a communication from the Department of Law, dated February 9, 2012, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Leo Soave, President, Leo Soave Building Inc. in connection with the development of a new sanitary sewer and surface drainage for the parcels located along Stonehouse Avenue in the Southeast 1/4 of Section 31, more particularly described as New 20-foot Wide Sanitary and Surface Drainage Easement (Stonehouse Parcels) A 20 00 foot wide easement across that part of the Southeast 1/4 of Section 31, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan more fully described as Commencing at the East IA corner of said Section 31, thence S01°15'51" E 705 38 feet along the East line of said Section 31, thence N 89°03'50" W 671 16 feet; thence S 00°43'43" W 161 90 feet to the North line of Churchill Manor Site Regular Meeting Minutes of March 7, 2012 38187 Condominium, Wayne County Condominium Subdivision Plan No 902, as recorded in Liber 44234, page 74, Wayne County Records, thence N 89°03'51" W 522 88 feet along said North line of Churchill Manor Site Condominium and the North line of Forest Oaks Subdivision as recorded in Liber 106 of Plats, page 70, Wayne County Records to the point of beginning of said easement; thence continuing along said line N 89°03'51" W 20 00 feet; thence N 00°43'43" E 324 49 feet; thence S 89°03'48" E 20 00 feet; thence S 00°43'43" W 324 50 feet to the point of beginning Containing 6,490 00 sq ft. the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #95-12 RESOLVED, that having considered a communication from the Chief of Police, dated February 13, 2012, approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $100 00 from the students and staff of Holmes Middle School, the same to be appropriated and credited to Account No 702-285-213 (Police Crime Prevention), for the purposes designated by the donor On a motion by Robinson, seconded by Brosnan, and unanimously adopted, it was #96-12 RESOLVED, that having considered a communication from Council President Toy, dated February 27, 2012, regarding the designation of Joe Laura as Parliamentarian of the City Council pursuant to Council Resolution 173-10 on a continuing basis or until further order of the Council by Council Resolution, the Council does hereby approve the request to extend the designation of Joe Laura as Parliamentarian of the City Council During Audience Communication, John Tatar, 16451 Savoie, Livonia, addressed Council to indicate the Council and Mayor have now responded to citizens' urging regarding Smart Meter installation and thanked them for the efforts to protect Livonia's citizens, as has been addressed in 11 other local communities Marguerite Gwizdala, 9870 Seltzer Street, Livonia, addressed Council to state she had listened to an international radio program that followed the Rush Limbaugh show wherein Cardiologists from the states of Oregon and Washington Regular Meeting Minutes of March 7, 2012 38188 called in to offer assistance to the guest speakers, John Holeton and Pauline Holeton, who raised concern about the lack of knowledge and possible health concerns posed by the radiation emitted by Smart Meters Donna Williams, 7451 Lafayette, Dearborn Heights, addressed Council to explain she has lost two family members to brain cancer as a result of radiation emitted by their cell phones and believed Smart Meters give off an even higher level of radiation Ms Williams also pointed out that a home in Michigan burned down as a result of a Smart Meter installed two days prior on the home during the Christmas season, which she stated she believed was kept out of the media President Toy recognized in the audience Dillon Breen, an active member at Schoolcraft Community College, George Boller, active Livonia resident who frequently attends and participates in Council meetings, and John Grzebik, an active member of the Livonia Public Schools' PTSA Organization, and thanked the Boy Scouts for participating in the meeting as they work to earn their Eagle Scout badges Robinson thanked Judy Priebe, Acting Director of Legislative Affairs, for all of her dedicated work and assistance in getting all of the paperwork in order for Council to review prior to each Council meeting and assisting the Councilmembers with detailed notes to prepare for Committee reports prior to Regular meetings. On a motion by Brosnan, seconded by Laura, and unanimously adopted, this 1,700th Regular Meeting of the Council of the City of Livonia was adjourned at 9 16 p m J21Agk(i&LZdt Terry(Uvlarecki, City Clerk