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HomeMy WebLinkAboutCOUNCIL MINUTES 2012-03-21 38195 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FIRST REGULAR MEETING OF MARCH 21, 2012 On March 21, 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 Robinson led the meeting with the Pledge of Allegiance Roll was called with the following result: Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, Joe Laura, John Pastor, and Laura Toy Absent: James McCann Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City Attorney; Terry Marecki, City Clerk, and Mayor Jack Kirksey On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #97-12 RESOLVED, that the Minutes of the 1,700th Regular Meeting of the Council held March 7, 2012, are hereby approved as submitted On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #98-12 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 Pastor, seconded by Robinson, and unanimously adopted, it was #99-12 RESOLVED, that the Council does hereby place Agenda Items #22 through Agenda Item #45 on the Consent portion of the Agenda for the Council Regular Meeting of March 21, 2012. Regular Meeting Minutes of March 21, 2012 38196 On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #100-12 RESOLVED, that the Council does hereby place Item X-1 on the Regular portion of the Agenda for the Council Regular Meeting of March 21, 2012 During Audience Communication, Joe Neussendorfer, 11316 Merriman Road, addressed Council to provide a copy of an article published by the Detroit Historical Commission in 1976 containing a letter written by Carl Griebling, a German farmer, who owned a forty-acre farm in 1865 in what is now the City of Livonia describing to his family members what it was like to live in this area A communication from the Department of Finance, dated March 13, 2012, re additional information on investment rate of returns, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Kritzman, it was #101-12 RESOLVED, that having considered a communication from the City Clerk, dated February 29, 2012, forwarding an application submitted by Liuying Li, 14296 Princeton Drive, Plymouth, Michigan 48170, 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 #102-12 RESOLVED, that having considered a communication from the City Clerk, dated February 29, 2012, forwarding an application submitted by Calais Tuddles, 42088 Richmond Drive, Belleville, Michigan 48111-2345, 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 #103-12 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 26, 2011, and the report and recommendation of the Chief of Police, dated January 10, 2012, the City Council does hereby recommend approval of the request from BL Restaurant Operations, LLC (a Delaware Limited Liability Company) for a new Dance-Entertainment Permit to be held in conjunction with a 2011 Class C licensed business with Official Permit Regular Meeting Minutes of March 21, 2012 38197 (Food), outdoor service (1 area) and 2 bars for a business located at 37716 Six Mile Road, Suite A-100, Livonia, Michigan 48154, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #104-12 RESOLVED, that having considered the report and recommendation of the Interim Superintendent of Parks and Recreation, dated February 27, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of a refurbished golf course irrigation pump station from Pro Pump & Controls, 27962 East Broadway, Walbridge, Ohio 43465, in the amount of $55,750 00, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $55,750 00 from funds available in Account No 409-000-974-101 for this purpose, FURTHER, the Council does hereby authorize the said purchase without competitive bids for the reasons outlined in the aforementioned report and recommendation and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #105-12 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated February 7, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a communication from Allie Brothers, Inc , dated February 7, 2012, wherein it is indicated that Allie Brothers has offered to extend the prices bid in 2003 for an additional two (2) years through May 1, 2013, the Council does hereby accept the quote submitted by Allie Brothers, Inc , 20295 Middlebelt, Livonia, Michigan 48152, for supplying the Fire Department with uniforms and related uniform items for the period May 1, 2011, to May 1, 2013, at the same unit prices previously accepted in Council Resolution 174-03, from funds already budgeted in Account No 101-338-768-000 for this purpose A communication from the Department of Finance, dated February 18, 2012, re the Annual Report for the fiscal year ending November 30, 2011, was received and placed on file for the information of the Council #106-12 RESOLVED, that having considered the report and recommendation of the Chairman of the Water and Sewer Board, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, to which is attached a communication from the Superintendent of Public Service — Environment and Utilities, dated March 2, 2012, the Council does hereby approve the payment to Liqui- L Force Services, Inc , 28529 Goddard Road, Suite 106, Romulus, Michigan 48174 for emergency repair and replacement work on the sanitary sewer main at Morlock and Middlebelt (Hartland/Dorvin Nursing Regular Meeting Minutes of March 21, 2012 38198 Home) in the amount of $24,604 50, FURTHER, the Council does hereby approve the payment to Sinacola Construction Company, 30380 South Hill Court, New Hudson, Michigan 48165-9711, in the amount of $35,815 00 for such repairs, FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $60,419 50 from Account No 592-158-000 (Water and Sewer Fund) for this purpose #107-12 RESOLVED, that having considered a communication from the City Engineer dated February 29, 2012, which bears the signature of the Director of Public Works and the Director of Finance, and is approved for submission by the Mayor, the Council does hereby determine as follows 1 To authorize the Mayor and the City Clerk to execute a contract extension of one (1) year, ending November 30, 2012, for Inspection and Testing Services with Orchard, Hiltz & McCliment, Inc , 34000 Plymouth Road, Livonia, Michigan 48150, for an amount not to exceed $512 00 per day 2 To authorize the Mayor and the City Clerk to execute a contact extension of one (1) year, ending November 30, 2012, for Inspection and Testing Services with Spalding DeDecker Associates, Inc , 905 South Boulevard East, Rochester Hills, Michigan 48307, for an amount not to exceed $480 00 per day for the services of a Construction Tech II and $600 00 per day for a Senior Construction Tech 3 To authorize these expenditures from funds budgeted in Account No 101-441-818-005 (Professional Services Account) and 2005 Water & Sewer Bond Sale #108-12 RESOLVED, that having considered a communication from the City Planning Commission, dated February 16, 2012, which transmits its resolution 02-18-2012, adopted on February 14, 2012, with regard to Petition 2012-01-02-01, submitted by The Health & Fortune, L.L.0 , requesting waiver use approval to operate a massage establishment on property located at 37700 Six Mile Road, Livonia, Michigan 48152, within the Laurel Park Place Shopping Center in the Southeast 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2012-01-02-01 is hereby approved and granted, subject to the following conditions 1 That this facility shall comply with all of the special waiver use standards and requirements pertaining to massage establishments as set forth in Section 11 03(u) of the Zoning Ordinance No 543, Regular Meeting Minutes of March 21, 2012 38199 2 That this facility shall conform to the provisions set forth in Chapter 5 49 of Livonia Code of Ordinances pertaining to massage establishments, 3 That the petitioner shall be allowed to operate only one massage establishment within the Laurel Park Place Shopping Center at any given time, and 4 The Petitioner shall not engage in any form of solicitation for business within the public right-of-ways of Six Mile or Newburgh Roads FURTHER, the Petitioner shall enter into a Conditional Agreement limiting this waiver use 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 #109-12 RESOLVED, that having considered a communication from the City Planning Commission, dated March 8, 2012, with regard to Petition 2012-02-SN-01, submitted by Joe's Meat & Seafood, requesting approval for additional wall signage for a retail unit within the Maiorana Shopping Center located on the north side of Seven Mile Road between Farmington Road and Mayfield Avenue (33066 Seven Mile Road) in the Southwest % of Section 3, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2012-02-SN- 01 is hereby approved and granted, subject to the following conditions 1 That the additional sign shall be in accordance with the Sign Plan, as received by the Planning Commission on February 10, 2012, 2 That this approval is subject to the petitioner being granted variances from the Zoning Board of Appeals for excessive number of signs and sign area and any conditions related thereto, 3 That no LED lightband or exposed neon shall be permitted on the building or around the windows, and, 4 That the signage shall not be illuminated beyond one (1) hour after this business center closes #110-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows Regular Meeting Minutes of March 21, 2012 38200 The South 60 0 feet of the following parcel of land in the City of Livonia, Wayne County, Michigan, being part of the South 1/2 of Section 5, T 1S , R.9E., more particularly described as That part of the S W '/4 of Section 5 described as beginning at the South 1/4 corner of Section 5 and proceeding thence N 89°14'30" W along the South Section line 292.46 feet; thence N 00°14' E 471 0 feet; thence S 89°14'30" E 292 46 feet; thence S 00°14' W along the North and South 1/4 Section line 471 0 feet to the Point of Beginning 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 #111-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The South 60 0 feet of the following parcel of land Part of the Southwest 1/4 of Section 4, T 15, R.9E., City of Livonia, Wayne County, Michigan, beginning North 89°57'40" West 797 56 feet from the South '/4 corner of Section 4, thence North 00°11'07" East 330 0 feet; thence North 89°57'40" West 165 0 feet; thence South 00°11'07" West 330 0 feet; thence South 89°57'40" East 165 0 feet to the Point of Beginning 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 #112-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The South 60 0 feet of the following described parcel Part of the S E. 1/4 of Section 4, T 1 S , R.9E , City of Livonia, Wayne County, Michigan, beginning at the South 1/4 corner of said Section 4, thence N 00°10'55" East 339 33 feet along the North and South 1/4 line, thence S 89°49'05" East 249 32 feet; thence S 00°10'55" West 338 16 feet to the South line of Section 4, thence S 89°54'30" West 249 32 feet to the Point of Beginning, EXCEPT the West 43 0 feet thereof Regular Meeting Minutes of March 21, 2012 38201 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 imp #113-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The South 60 0 feet of the East 1/2 of the Southeast '/ of Section 4, Town 1 South, Range 9 East, EXCEPT the East 300 0 feet thereof and also EXCEPT the West 150 10 feet thereof The premises conveyed by this deed may also be described as the South 60 0 feet of the West 876 20 feet of the East 1176 20 feet of the City of Livonia Tax Item No 04JJ2a1 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 f #114-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The North 60 0 feet of the following described parcel of land Part of the N E 1/4 Section 9, T 1S , R 9E , City of Livonia, Wayne County, Michigan Beginning E 89°50'55" East 43 0 feet from the North '/4 corner of Section 9, thence N 89°50'50" East 139 0 feet; thence S 00°39'50" East 253 0 feet; thence S 89°50'58" West 139 0 feet; thence N 00°39'50"West 253 0 feet to the Point of Beginning 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 #115-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the Regular Meeting Minutes of March 21, 2012 38202 jurisdiction of the property, said parcel being further described as follows The North 60 0 feet of the following described parcel of land That part of the N E. 1/4 of Section 9, T 1 S , R 9E., City of Livonia, Wayne County, Michigan, described as Beginning at a point on the North line of said Section, distant N 89°50'50" East 262.10 feet from the North % corner of Section 9 and proceeding thence N 89°50'50" East along said line 107 0 feet; thence S 00°35'26" East 253 0 feet; thence S 89°50'50" West 107 0 feet; thence N 00°35'26" West 253 0 feet to the Point of Beginning (Seven Mile Road Right-of-Way) 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 #116-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The South 60 0 feet of the East 300 0 feet of the following described parcel of land, the East 1/2 of the Southeast 1/4 of Section 4, Town 1 South, Range 9 East, City of Livonia, County of Wayne, Michigan 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 #117-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The North 27 0 feet of the South 60 0 feet of the following parcel of land Part of the S E '/4 of Section 4, T 15 , R 9E , City of Livonia, Wayne County, Michigan, described as beginning S 89°57'10" West, 1176.20 feet from the Southeast corner of Section 4, thence S 89°57'10" West, 150 10 feet; thence N 00°05'45" East, 310 0 feet; thence N 89°57'10" East, 149 51 feet; thence S 00°00'50" East, 310 0 feet to the Point of Beginning Regular Meeting Minutes of March 21, 2012 38203 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 #118-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The North seven (7) feet of Lots 27 through 33 both inclusive, Seven Mile Super Highway Subdivision, as recorded in Liber 53, Page 50, Wayne County Records, said subdivision being a part of the East 1/2 of the N E. 1/4 of Section 9, T 1S , R.9E., Livonia Township (now City of Livonia), Wayne County, Michigan (Seven Mile Road) 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 #119-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The South 60 0 feet of the following parcel of land in the City of Livonia, Wayne County, Michigan, being a part of the South 1/2 of Section 5, T 1S , R.9E., more particularly described as That part of the SW 1/4 of Section 5 described as beginning at a point on the South line of said Section distant E. 1994 13 feet from the SW corner of Section 5 and proceeding thence N 230 58 feet; thence S 68°59'E. 68 56 feet; thence South 206 0 feet to the South line of Section 5, thence West along said line 64 0 feet to the Point of Beginning 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 #120-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way ear parcels to be conveyed to the County of Wayne in connection with the Regular Meeting Minutes of March 21, 2012 38204 jurisdiction of the property, said parcel being further described as follows The South 60 0 feet of the following parcel of land being part of the South 1,4 of Section 5, Town 1 South, Range 9 East, City of Livonia, County of Wayne, Michigan, being more particularly described as Part of the Southwest 1/4 of Section 5 beginning North 89 degrees 14 minutes 30 seconds West 292 46 feet from the South 1/4 corner of Section 5, thence North 89 degrees 14 minutes 30 seconds West 100 0 feet; thence North 00 degrees 14 minutes East 263 0 feet; thence South 89 degrees 14 minutes 30 seconds East 10 0 feet; thence North 00 degrees 14 minutes East 208 0 feet; thence South 89 degrees 14 minutes 30 seconds East 90 0 feet; thence South 00 degrees 14 minutes West 471 0 feet to the Point of Beginning 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 #121-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The South 60 0 feet of the following parcel of land in the City of Livonia, Wayne County, Michigan, being part of the South '/2 of Section 5, T 1S , R.9E., more particularly described as That part of the S W '/4 of Section 5 described as beginning at the South '/4 corner of Section 5 and proceeding thence N 89°14'30" W along the South Section line 292 46 feet; thence N 00°14' E 471 0 feet; thence S 89°14'30" E. 292 46 feet; thence S 00°14' W along the North and South 1/4 Section line 471 0 feet to the Point of Beginning 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 #122-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows Regular Meeting Minutes of March 21, 2012 38205 The North 60 0 feet of the following described parcel. The North 658 0 feet of the East 140 0 feet of the West 1/2 of the West 1/2 of the East 1/2 of the Northeast % of Section 8, T 1S, R.9E., City of Livonia, Wayne County, Michigan ALSO The North 60 0 feet of the following described parcel The North 968 0 feet of the East 1/2 of the West 1/2 of the East 1/2 of the Northeast 1/4 of Section 8, T 1S , R 9E , City of Livonia, Wayne County, Michigan, EXCEPT for the East 60 0 feet. 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 #123-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The North 60 0 feet of the following parcel of land That part of the Northeast % of Section 8, Town 1 South, Range 9 East, described as Beginning at the North '/4 corner of said Section and proceeding thence North 89 degrees 44 minutes 10 seconds East along the North line of Section 8, 491 82 feet; thence South 00 degrees 06 minutes 08 seconds East 224 0 feet; thence South 88 degrees 11 minutes 56 seconds East 166 52 feet; thence North 00 degrees 06 minutes 56 seconds East 166 52 feet; thence North 00 degrees 06 minutes 08 seconds West 230 feet; thence South 89 degrees 44 minutes 10 seconds West 166 43 feet to the Point of Beginning 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 #124-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The South 60 0 feet of the following parcel of land Part of the Southwest 1/4 of Section 4, T 1S , R 9 E , City of Livonia, Wayne County, Regular Meeting Minutes of March 21, 2012 38206 Michigan, beginning North 89°57'40" West 962 56 feet from the South 1/4 corner of Section 4, thence North 00°11'07" East 330 0 feet; thence North 89°57'40" West 165 0 feet; thence South 00°11'17" West 330 0 feet; thence South 89°57'40" East 165 0 feet to the Point of Beginning EXCEPT the West 140 0 feet of the South 300 0 feet. 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 #125-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The South 60 0 feet of the West 140 0 feet of the South 300 0 feet of the following described parcel That part of the Southwest IA of Section 4, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point at the South line of said Section distance North 89°57'40" West 962.56 feet from the South 1/4 corner of Section 4 and proceeding thence North 00°11'07" East 1320 0 feet; thence North 89°57'40" West 165 0, thence South 00°11'07" West 1320 0 feet to the South line of Section 4, thence South 89°57'40" East along said line 165 0 feet to the Point of Beginning 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 #126-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The South 60 0 feet of the following parcel of land The South 1 50 acres of the East 1/2 of the West 1/2 of the South 1/2 of the West 40 acres of the Southeast 1/4 of Section 5, T 1S, R.9E., City of Livonia, Wayne County, Michigan 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 Regular Meeting Minutes of March 21, 2012 38207 conveying the above described property to the County of Wayne in a form to be approved by the Department of Law #127-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows. The South 60 0 feet of the following described parcel of land The South 396 0 feet of the West 82 50 feet of the East 330 0 feet of the West 1/2 of the West % of the Southeast 1/4 of Section 5, T 1S , R.9E., City of Livonia, Wayne County, Michigan 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 #128-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The South 60 0 feet of the following parcel of land Part of the S W 1/4 of Section 5, T 1S , R 9E., City of Livonia, County of Wayne, State of Michigan, being more particularly described as Beginning S 89°14'30" E 1893 13 feet from the SW 1/4 corner of Section 5, thence N 00°22' E. 138 0 feet; thence S 89°14'30" E 55 0 feet; thence S 38°53'10" E 72.70 feet; thence S 00°22" W 82 02 feet; thence N 89°14'30" W 101 0 feet to the Point of Beginning 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 #129-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows Regular Meeting Minutes of March 21, 2012 38208 South 60 0 feet of the South 716 0 feet of the East 247 50 feet of the West '/2 of the West '/2 of the Southeast 1/4 of Section 5, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan 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 #130-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The South 60 0 feet of the following described parcel of land Part of the South 1/2 of Section 5, City of Livonia, County of Wayne, State of Michigan, Town 1 South, Range 9 East, being more particularly described as Part of the Southwest 1/4 of Section 5 beginning North 89 degrees 14 minutes 30 seconds West 392 46 feet from the South '/4 corner of Section 5, thence North 89 degrees 14 minutes 30 seconds West 192 45 feet; thence North 00 degrees 22 minutes East 206 0 feet; thence North 68 degrees 16 minutes 43 seconds West 68 71 feet; thence North 00 degrees 22 minutes East 33 42 feet; thence North 53 degrees 55 minutes 57 seconds West 124 55 feet; thence North 00 degrees 22 minutes East 134 99 feet; thence South 89 degrees 14 minutes 30 seconds East 366 50 feet; thence South 00 degrees 14 minutes West 208 0 feet; thence North 89 degrees 14 minutes 30 seconds West 10 0 feet; thence South 00 degrees 14 minutes West 263 0 feet to the Point of Beginning 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 #131-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The South 60 0 feet of the following described parcel of land being part of the Southwest 1/4 of Section 5, Town 1 South, Range 9 East, City of Livonia, County of Wayne, State of Michigan, being more particularly described as Beginning South 89 degrees 14 minutes 20 seconds East Regular Meeting Minutes of March 21, 2012 38209 466 69 feet from the Southwest corner of Section 5, thence North 00 degrees 00 minutes 14 seconds West 466 69 feet; thence North 89 degrees 14 minutes 20 seconds West 161 66 feet; thence North 00 degrees 00 minutes 14 seconds West 463 74 feet; thence South 89 degrees 59 minutes 46 seconds West 42.55 feet; thence North 00 degrees 00 minutes 14 seconds West 402 39 feet; thence South 89 degrees 09 minutes 46 seconds West 202 45 feet; thence North 00 degrees 00 minutes 14 seconds West 100 0 feet; thence North 89 degrees 59 minutes 46 seconds East 466 10 feet; thence South 00 degrees 15 minutes 03 seconds West 265 06 feet; thence South 89 degrees 13 minutes 45 seconds East 738.21 feet; thence South 00 degrees 24 minutes 38 seconds West 1170 22 feet; thence North 89 degrees 14 minutes 20 seconds West 768 02 feet to the Point of Beginning 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 #132-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the jurisdiction of the property, said parcel being further described as follows The South 60 0 feet of the following parcel of land Part of the Southwest 1/4 of Section 4, T 1S , R 9E., City of Livonia, Wayne County, Michigan, beginning at a point on the South line of Section 4, South 89°59'37" West 500 56 feet; thence North 00°10'55" East 408 0 feet to the South line of Bicentennial Estates Subdivision recorded in Liber 99, Pages 77 through 80 of Wayne County Records, thence South 89°59'37" West 132 0 feet to the East line of said subdivision, thence South 00°10'55" West 78 0 feet thence North 89°59'37" East 15 0 feet; thence South 00°10'55" West 330 0 feet to the South line of Section 4, thence North 89°59'37" East 117 0 feet to the Point of Beginning 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 #133-12 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2012, approved for submission by the Mayor, advising Council of certain road right-of-way parcels to be conveyed to the County of Wayne in connection with the Regular Meeting Minutes of March 21, 2012 38210 jurisdiction of the property, said parcel being further described as follows The South 60 0 feet of the following parcel of land Part of the Southwest 1/4 of Section 4, T 1 S , R.9E., City of Livonia, Wayne County, ire Michigan, described as beginning at a point on the South line of said Section 4, South 89°59'37" West 632 56 feet from the South % corner of Section 4, thence South 89°59'37" West 84 0 feet; thence North 00°10'55" East 330 0 feet to the South line of Bicentennial Estates Subdivision recorded in Liber 99, Pages 77 through 80 of Wayne County Records, thence North 89°59'37" East 84 0 feet; thence South 00°10'55" West 330 0 feet to the Point of Beginning 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 A roll call vote was taken on the foregoing resolutions with the following result: AYES Robinson, Brosnan, Kritzman, Laura, Pastor, and Toy NAYS None Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 26 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 2012-01-01-01) 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 Planning Commission, dated March 14, 2012, re updated distribution map of SDD liquor licenses throughout Livonia, was received and placed on file for the information of the Council Regular Meeting Minutes of March 21, 2012 38211 On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #134-12 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 1, 2011, and a report and recommendation from the Acting Chief of Police, dated February 17, 2012, and approved for submission by the Mayor, the Council does hereby recommend approval of the request from N H Enterprises, Inc. to transfer all stock in a 2011 SDM licensed business wherein existing sole stockholder, Nazim D Hourany, transfers all 1,000 shares of stock to new stockholder, Belal N Hourany (Step 1), and to transfer ownership of an escrowed 2011 SDD license only from RDS Detroit, Inc., and to transfer location from 37681 Five Mile Road, Livonia, Michigan 48152, Wayne County, to be held in conjunction with an existing SDM license (Step 2) for a business located at 27405 Grand River, Livonia, Michigan, 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 Planning Commission, dated March 14, 2012, re containing a listing of resale, consignment and thrift type retail stores in Livonia and surrounding communities together with survey findings of approval processes of local communities for these types of businesses, was received and placed on file for the information of the Council (Petition 2012-01-02-02) A communication from Heather Mezzadri, dated March 16, 2012, re in support of the proposed development of a second-hand store and resale shop as submitted by Tayfer, L.L.0 within the Livonia Crossroads Shopping Center at 11502 Middlebelt Road, was received and placed on file for the information of the Council (Petition 2012-01-02-02) A communication from Stacey Dogonski, dated March 16, 2012, re in support of the proposed development of a second-hand store and resale shop as submitted by Tayfer, L.L.0 within the Livonia Crossroads Shopping Center at 11502 Regular Meeting Minutes of March 21, 2012 38212 Middlebelt Road, was received and placed on file for the information of the Council (Petition 2012-01-02-02) A communication from Dorothy Bruce, dated march 13, 2012, re in support of the proposed development of a second-hand store and resale shop as submitted by Tayfer, L.L.0 within the Livonia Crossroads Shopping Center at 11502 Middlebelt Road, was received and placed on file for the information of the Council (Petition 2012-01-02-02) A communication from the father of Cindy Begorwicz, dated March 13, 20012, re in support of the proposed development of a second-hand store and resale shop as submitted by Tayfer, L.L.0 within the Livonia Crossroads Shopping Center at 11502 Middlebelt Road, was received and placed on file for the information of the Council (Petition 2012-01-02-02) A communication from Josie Smith, dated March 19, 2012, re in support of the proposed development of a second-hand store and resale shop as submitted by Tayfer, L L.0 within the Livonia Crossroads Shopping Center at 11502 Middlebelt Road, was received and placed on file for the information of the Council (Petition 2012-01-02-02) On a motion by Pastor, seconded by Brosnan, it was #135-12 RESOLVED, that having considered a communication from the City Planning Commission, dated March 7, 2012, which transmits its resolution 03-20-2012, adopted on March 6, 2012, with regard to Petition 2012-01-02-02, submitted by Tayfer, L.L C , requesting waiver use approval to operate a second-hand store and resale shop at 11502 Middlebelt Road within the Livonia Crossroads Shopping Center, located on the Southeast corner of Plymouth Road and Middlebelt Road in the Northwest 1/4 of Section 36, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2012-01-02-02 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of March 21, 2012 38213 1 That the utilization of the building shall be in accordance with the Floor Plan, as received by the Planning Commission on January 2. 31, 2012, That there shall be no outdoor sales, storage or display of merchandise, and no storage of merchandise or other materials in any type of temporary or portable unit, structure, trailer or donation receptacle, 3 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 4 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 5 That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits, occupancy permits and zoning compliance permits, and 6 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 resolution with the following result: AYES Robinson, Brosnan, Kritzman, Pastor, and Toy NAYS Laura. The President declared the resolution adopted Megan Conway, 16556 Bell Creek Lane, addressed Council to express her support of the proposed development of a second-hand store and resale shop as submitted by Tayfer, L.L.0 within the Livonia Crossroads Shopping Center (Petition 2012-01-02- 02) Linda Conway, 16556 Bell Creek Lane, addressed Council to express her support of the proposed development of a second-hand store and resale shop as submitted by Tayfer, L.L.0 within the Livonia Crossroads Shopping Center (Petition 2012-01-02- 02) Stacy Dogonski, President of Clement Circle Civic Association, 11181 Haller Street, addressed Council to express her support of the proposed development of a second- Regular Meeting Minutes of March 21, 2012 38214 hand store and resale shop as submitted by Tayfer, L L.0 within the Livonia Crossroads Shopping Center (Petition 2012-01-02-02) Angela Alexander, 9919 Deering, addressed Council to express her support of the proposed development of a second-hand store and resale shop as submitted by Tayfer, L.L.0 within the Livonia Crossroads Shopping Center (Petition 2012-01-02- 02) Maria Shinabarger, 37709 Northland, addressed Council to express her support of the proposed development of a second-hand store and resale shop as submitted by Tayfer, L.L.0 within the Livonia Crossroads Shopping Center (Petition 2012-01-02- 02) Christopher Martin, 12275 Inkster Road, addressed Council to express his support of the proposed development of a second-hand store and resale shop as submitted by Tayfer, L.L.0 within the Livonia Crossroads Shopping Center (Petition 2012-01-02- 02) On a motion by Brosnan, seconded by Kritzman, and unanimously adopted, it was #136-12 RESOLVED, that the Council does hereby refer the subject matter of Section 11 03 of the Zoning Ordinance of the City of Livonia to the Legislative Affairs Committee for its report and recommendation A communication from the Department of Law, dated March 13, 2012, re proposed amendment to Zoning Ordinance, was received and placed on file for the information of the Council (Petition 2011-11-06-03) Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING ARTICLES II AND XXVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2011-11-06-03) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming Regular meeting Regular Meeting Minutes of March 21, 2012 38215 A communication from the Department of Law, dated March 13, 2012, re proposed amendment to Section 1 04 of the Livonia Zoning Ordinance, was received and placed on file for the information of the Council (Petition 2012-01-06- 01) Kritzman gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 1 04 OF ARTICLE I OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-01) 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 March 13, 2012, re proposed amendments to Sections 2 02, 2 03, 2 06, 2 07, 2 08, and 2 10 of the Livonia Zoning Ordinance, was received and placed on file for the information of the Council (Petition 2012-01-06-02) Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 2 02 OF ARTICLE II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-02) 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 Brosnan gave first reading to the following Ordinance Regular Meeting Minutes of March 21, 2012 38216 AN ORDINANCE AMENDING SECTION 2 03 OF ARTICLE II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-02) 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 Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 2 06 OF ARTICLE II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-02) 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 Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 2 07 OF ARTICLE II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-02) 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 Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 2 08 OF ARTICLE II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-02) Regular Meeting Minutes of March 21, 2012 38217 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 Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 210 OF ARTICLE II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-02) 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 March 13, 2012, re proposed amendments to Sections 3 02, 3 04, and 3 05 of the Livonia Zoning Ordinance, was received and placed on file for the information of the Council (Petition 2012-01-06-03) Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 3 02 OF ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-03) 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 Brosnan gave first reading to the following Ordinance Regular Meeting Minutes of March 21, 2012 38218 AN ORDINANCE AMENDING SECTION 3 04 OF ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-03) 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 Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 3 05 OF ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-03) 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 March 13, 2012, re proposed amendments to Sections 4 02 and 4 08 of the Livonia Zoning Ordinance, was received and placed on file for the information of the Council (Petition 2012-01- 06-04) Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 4 02 OF ARTICLE IV OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-04) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming Regular meeting Regular Meeting Minutes of March 21, 2012 38219 Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 4 08 OF ARTICLE IV OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-04) 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 March 13, 2012, re proposed amendments to Sections 5 02 and 5 11 of the Livonia Zoning Ordinance, was received and placed on file for the information of the Council (Petition 2012-01- 06-05) Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 5 02 OF ARTICLE V OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-05) 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 Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 5 11 OF ARTICLE V OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2012-01-06-05) 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 Regular Meeting Minutes of March 21, 2012 38220 above Ordinance was placed on the table for consideration at an upcoming Regular meeting On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #137-12 RESOLVED, that having considered a communication from the Fire Chief, dated February 24, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept 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 702-285-336 (Fire Community Donations) to be used for the purposes as designated by the donor On a motion by Kritzman, seconded by Pastor, and unanimously adopted, it was #138-12 RESOLVED, that having considered a communication from the Fire Chief, dated February 24, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $300 00 from the Livonia Goodfellows, the same to be appropriated and credited to Account No 702-285-338 (Fire Car Seat Safety Program), to be used for the purposes as designated by the donor On a motion by Laura, seconded by Pastor, it was #139-12 RESOLVED, that having considered a communication from the Department of Law, dated March 9, 2012, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Linda Curran v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Brosnan, Kritzman, Laura, Pastor, and Toy NAYS None The President declared the resolution adopted Regular Meeting Minutes of March 21, 2012 38221 A communication from the Department of Law, dated March 16, 2012, re additional information on House Bill 5439 and House Bill 5411 as they pertain to the Smart Meter issue, was received and placed on file for the information of the Council (CR 17-12) A communication from Patrick Hudson, Smart Grid Section Manager to Michigan Public Service Commission, received at the Infrastructure and Community Transit Committee meeting of March 19, 2012, re research performed concerning EMF exposure as it relates to Smart Meters, was received and placed on file for the information of the Council (CR 17-12) A communication entitled "Stop Smart Meters in Grand Rapids", received at the Infrastructure and Community Transit Committee meeting of March 19, 2012, re opposition by an international physicians' group to the installation of Smart Meters, was received and placed on file for the information of the Council (CR 17-12) A communication received at the Infrastructure and Community Transit Committee meeting of March 19, 2012, re an article in The Edison Electric Institute discussing the issue of Smart Meters and RF exposure levels, was received and placed on file for the information of the Council (CR 17-12) A communication from Michael J Solo, Jr of The Detroit Edison Company, dated March 16, 2012, re response to the Michigan Public Service Commission Information Request regarding Smart Meters, was received and placed on file for the information of the Council (CR 17-12) A communication from Mary Tworek containing a petition signed by various Livonia residents, received at the Infrastructure and Community Transit Committee meeting of March 19, 2012, re in opposition to the installation of Smart Regular Meeting Minutes of March 21, 2012 38222 Meters in the Livonia community and requesting Council adopt a moratorium banning same, was received and placed on file for the information of the Council (CR 17-12) On a motion by Brosnan, seconded by Robinson, it was #140-12 WHEREAS, DTE Energy has begun a comprehensive program for the installation of new meters to customers in the Metro Detroit area, and are expected to eventually replace existing meters within the City of Livonia with Smart Meters, and WHEREAS, the Michigan Public Service Commission has jurisdiction in this matter and is currently undertaking a review process of Smart Meter Technology; and WHEREAS, DTE Energy has offered an opt-out provision for its customers in its response to the MPSC review; and WHEREAS, a number of Livonia residents and residents from neighboring communities have expressed concerns regarding Smart Meter Technology in the areas of health, safety and privacy; and WHEREAS, the Livonia City Council believes it is appropriate to assist concerned residents in obtaining consideration for their issues by applauding the MPSC for launching a review and encouraging them to conduct a careful and thorough analysis of the health, safety and privacy issues, and WHEREAS, the Livonia City Council encourages the MPSC to review the opt-out provision provided by DTE Energy and allow individual customers to decline Smart Meter installation in their homes NOW, THEREFORE, BE IT RESOLVED, that the City Clerk is directed to deliver a copy of this Resolution to Governor Rick Snyder, Senator Glenn Anderson, State Representative John Walsh and State Representative Phil Cavanagh and the Michigan Public Service Commission A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Brosnan, Kritzman, Pastor, and Toy NAYS Laura The President declared the resolution adopted During Audience Communication, Christopher Martin, 12275 Inkster Road, addressed Council to express his view the City's Directory of Board Members, Regular Meeting Minutes of March 21, 2012 38223 Department Heads and Commissioners is an important document comparable to the City Charter On a motion by Laura, seconded by Brosnan, and unanimously adopted, this 1,701st Regular Meeting of the Council of the City of Livonia was adjourned at 922 p m Terry . arecki, City Clerk