HomeMy WebLinkAboutCOUNCIL MINUTES 2011-09-07 37994
MINUTES OF THE ONE THOUSAND SIX HUNDRED EIGHTY EIGHTH
REGULAR MEETING OF SEPTEMBER 7, 2011
On September 7, 2011, 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 Schwartz led the meeting with
the Pledge of Allegiance
Roll was called with the following result: Conrad Schwartz, John
Pastor, Brian Meakin, Joe Laura, Laura Toy, and James McCann Absent:
Maureen Miller Brosnan
Elected and appointed officials present: Todd Zilincik, City Engineer;
Mark Taormina, City Planner; Don Knapp, City Attorney; Terry Marecki, City Clerk,
and Mayor Jack Kirksey
On a motion by Toy, seconded by Schwartz, and unanimously
adopted, it was
#282-11 RESOLVED, that the Minutes of the 1,687th Regular
Meeting of the Council held August 24, 2011, are hereby approved as
submitted
Pastor wished a Happy Birthday to his mother who he stated was
recovering at Botsford Hospital and wished her a quick recovery and all his love
President McCann wished a speedy recovery to Pastor's mother, Carol
Pastor, and stated he hoped she felt better soon
Mayor Kirksey addressed Council to indicate there are many upcoming
remembrance events in honor of the 9/11 tragedy scheduled for Sunday, September
11th including a run/walk event hosted by St. Mary's Hospital starting at 9 00 a m
Mayor Kirksey indicated the Newburgh United Methodist Church will host a
ceremony at 12 35 p m on September 11th to honor the first responders of 9/11 and
at 2 00 p m , Post 32 of the American Legion on Newburgh Road will host a
ceremony to honor those who lost their lives during the tragedy of events of 9/11
Mayor Kirksey also relayed details of his visit to the 9/11 Memorial at the Pentagon
in Washington, D C and concluded by stating the Livonia Chamber of Commerce
was hosting an event at the VistaTech Center at Schoolcraft College on Thursday,
Regular Meeting Minutes of September 7, 2011 37995
September 8th and the guest speaker for the event would be Red Wings Coach Mike
Babcock.
During Audience Communication, Brandon Kritzman, 29601
Jacquelyn, addressed Council to announce the Livonia Jaycees would be hosting its
first annual Alumni Barbecue on Sunday, September 18th from 1 00 p m to 5 00
p m at Rotary Park and indicated those who will be attending should call (734) 956-
0548 or email their information to www livoniajaycees.com
John Badeen, President of the Livonia Jaycees, 41980 Waterfall,
Northville, addressed Council to announce the Jaycees would be hosting this year's
Policeman's Ball at the St. Mary Cultural Center on Saturday, October 8, 2011,
starting at 6 00 p m and encouraged Council and residents to attend this fun-filled
event.
A communication from the Department of Finance, dated August 19,
2011, re forwarding various financial statements of the City of Livonia for the month
ending July 31, 2011, was received and placed on file for the information of the
Council
On a motion by Schwartz, seconded by Pastor, it was
#283-11 RESOLVED, that havingconsidered a letter from Dorothy
Y
Roberts, Philanthropy and Fundraising Event Manager, Marycrest
Manor, dated August 18, 2011, which requests permission to waive
Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances,
as amended, to allow a band to perform during the kick-off of their 50th
anniversary as well as the opening of Marycrest Heights, their new
senior apartment complex, scheduled for Sunday, September 25,
2011, the Council does hereby determine to waive Section 8 32 070
(Noise Control) of the Livonia Code of Ordinances between the hours
of 12 30 p m and 4 00 p m in connection with this event scheduled for
Sunday, September 25, 2011
#284-11 RESOLVED, that having considered a communication
from the City Clerk, dated August 19, 2011, forwarding an application
submitted by Yanwen Zhu, 1012 Canterbury Mews, Canton, Michigan
48187, 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
#285-11 RESOLVED, that having considered a communication
from the City Clerk, dated August 19, 2011, forwarding an application
Regular Meeting Minutes of September 7, 2011 37996
submitted by Chongling Xin, 36697 Seven Mile Road, Livonia,
Michigan 48152, 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
#286-11 RESOLVED, that having considered a communication
from the City Clerk, dated June 22, 2011, forwarding an application
submitted by Huazhen Lin, 39505 Prentiss, Harrison Township,
Michigan 48045, 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
#287-11 RESOLVED, that having considered a letter from Aimee
Dahl, received in the Office of the City Clerk on July 20, 2011,
requesting a waiver of the sidewalk requirement in front of 18360
Laurel, and having further considered the report and recommendation
of the City Engineer, dated July 22, 2011, approved for submission by
the Mayor, the Council does hereby approve this request inasmuch as
omitting the sidewalk on the subject property would have no
detrimental effect upon the neighboring properties at this time due to
the lack of any other public sidewalks existing within the neighboring
area, FURTHER, the Council does hereby reserve the right to require
sidewalks at this location in the event that additional sidewalks are
installed in this area at some future date
#288-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 8, 2011, 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 a request to approve a Change Order to the 2011 Concrete
Road Repair Program (Contract 11-C) to complete emergency repairs
to approximately 32 locations on existing concrete curbs, catch basins
and concrete pavement required in connection with the existing
contract between the City of Livonia and Hard Rock Concrete, Inc ,
previously authorized in Council Resolution 106-11, adopted on April
20, 2011, for the 2011 Concrete Road Repair Program, the Council
does hereby approve a Change Order to Contract 11-C with Hard
Rock Concrete, Inc , 38146 Abruzzi Drive, Westland, Michigan 48185,
in the amount of $75,000 00, FURTHER, the Council does hereby
authorize a budget adjustment transferring $31,000 00 from Account
No 202-463-818-117 (Major Road Joint and Crack Seal) and
$44,000 00 from Account No 203-463-818-117 (Local Road Joint and
glair Crack Seal) to Account No 204-463-818-114 (Road Fund Cont Sery -
Maintenance) for this purpose, and the City Engineer is hereby
Regular Meeting Minutes of September 7, 2011 37997
authorized to approve any minor adjustments in the work as it
becomes necessary
#289-11 RESOLVED, that having considered Petition 2011-08-03-
02, submitted by the Assistant City Engineer, dated August 22, 2011,
wherein a request is submitted for the vacating of the storm drain
easement that traverses the Livonia Marketplace Property, at the
Northwest corner of Seven Mile and Middlebelt Road, to allow for the
relocation of approximately 260 feet of sewer that needed to be
relocated to accommodate the proposed Kohl's store in the Southeast
1/4 of Section 2, the Council does hereby refer this item to the City
Planning Commission for action and recommendation in accordance
with provisions of law and City Ordinance
#290-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 15, 2011, which
bears the signature of the Director of Finance and the Director of
Public Works, is reviewed as to form by the City Attorney and
approved for submission by the Mayor, to which is attached a
proposed Intergovernmental Agreement between the Michigan
Department of Transportation (MDOT) and the City of Livonia for the
milling and resurfacing of Old Highway M-14 (Plymouth Road) from
Market Street to Farmington Road, and to replace illuminated street
signs and transporting mast arms at various locations, the Council
does hereby authorize the Mayor and City Clerk, for and on behalf of
the City of Livonia, to execute this agreement in the manner and form
herein submitted, FURTHER, the Council does hereby authorize an
expenditure of a sum estimated at $134,000 00 from Account No 202-
463-818-125 (Major Street Fund — City Participation in County and
MDOT Projects) for the City's estimated share of this project (3% of the
total estimated cost for this project of $4,456,500 00), and the City
Clerk is hereby requested to forward a certified copy of this resolution,
together with the signed agreements, to the Michigan Department of
Transportation
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Schwartz, Pastor, Meakin, Laura, Toy, and McCann
NAYS None
A communication from the Department of Assessment, received on
May 4, 2011, containing the "City of Livonia 2011 Assessment Data Booklet" re
budget issues for the Fiscal Year 2011-2012, was received and placed on file for the
information of the Council (CR 171-05)
Regular Meeting Minutes of September 7, 2011 37998
The handout entitled "City of Livonia, Estimated Budget Reductions,
FY 2012", received at the Finance, Budget and Technology Committee meeting of
August 22, 2011, re miscellaneous budget issues for the Fiscal Year 2011-2012,
was received and placed on file for the information of the Council (CR 171-05)
A communication from the Department of Law, dated August 30, 2011,
re proposed Amendment to Zoning Ordinance as requested by the Livonia Housing
Commission for rezoning of vacant City-owned property adjacent to the existing
Newburgh Village, was received and placed on file for the information of the Council
(Petition 2011-06-01-02)
Toy gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 30 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 2011-06-01-02)
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
On a motion by Meakin, seconded by Pastor, it was
RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated May 6, 2011, and the
report and recommendation of the Chief of Police, dated August 9,
2011, approved for submission by the Mayor, the Council does hereby
approve of the request from Metropolitan Grill, LLC for transfer of
ownership of a 2011 Class C license with Official Permit (Food) and
Sunday Sales from G M and S Roast Beef and Spirits, Inc , for a
business located at 36685 Plymouth Road, Livonia, Michigan 48150,
16.
Wayne County; FURTHER, the Council does hereby approve the
request for a new outdoor service area for this business, and the City
Clerk is hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission
Regular Meeting Minutes of September 7, 2011 37999
Meakin and Pastor then withdrew their motions on the foregoing resolution as the
Petitioner was not present.
At the direction of the Chair, Agenda Item #11 regarding the request from
Metropolitan Grill, LLC to transfer ownership of a 2011 Class C license from G M
and S Roast Beef and Spirits, Inc , for a business located at 36685 Plymouth Road,
was removed from the Agenda
On a motion by Schwartz, seconded by Toy, and unanimously
adopted, it was
#291-11 RESOLVED, that having considered a communication
from the City Librarian, dated August 3, 2011, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, which transmits Library Commission Resolution No 13-11,
wherein it is recommended that the fee for the issuance of non-
resident library cards be increased from $45 00 to $100 00 to cover the
investment in library resources and services that go beyond a single
year of tax revenue, the Council does hereby concur in and approve
this fee increase for the issuance of non-resident library cards in the
manner and form herein submitted
A communication from the Engineering Division, dated August 31,
2011, re special assessment report for the Bell Branch Streambank Stabilization
Project (Rennolds' Ravines), was received and placed on file for the information of
the Council (CR 210-11)
On a motion by Meakin, seconded by Pastor, and unanimously
adopted, it was
#292-11 RESOLVED, that having considered a communication
from the City Engineer, dated August 18, 2011, which bears the
signature of the Director of Finance and the Director of Public Works,
and is approved for submission by the Mayor, and submitted pursuant
to Council Resolutions 209-11 and 44-99, and having considered a
subsequent communication from the City Engineer, dated August 31,
2011, approved for submission by the Mayor, wherein the City
Engineer has ascertained the assessed valuation of all property
affected by the proposed creation of a Special Assessment District for
the proposed Bell Branch Streambank Stabilization Project (Rennolds'
Ravines), specifications and recommendations have been properly
filed by the City Engineer with the City Clerk under date of August 31,
2011, and that there has been a full compliance with all of the
Regular Meeting Minutes of September 7, 2011 38000
provisions of Section 3 08 060 of the Livonia Code of Ordinances, as
amended, the Council does hereby set Monday, September 26, 2011,
at 7.00 p m as the date and time for a public hearing on the necessity
for such improvement which public hearing shall be held before the
Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, pursuant to Section 3 08 070 of said Livonia Code of
Ordinances, as amended, and the City Clerk is hereby authorized to
give notice and publication of such hearing as is required by Section
3 08 070 of said Code
On a motion by Pastor, seconded by Toy, and unanimously adopted, it
was
#293-11 WHEREAS, the City Clerk has received two (2)
Applications for Industrial Facilities Exemption Certificates from Mark
W Reed, CPA, Landini, Reed & Dawson, P C , on behalf of Steve
Marsh, COO of 4M Industries, Inc , dated July 26, 2011, covering new
industrial facilities to be located within City of Livonia Industrial
Development Overlay District No 111, and
WHEREAS, the City Clerk has notified in writing the Assessor of the
City of Livonia as well as the legislative body of each taxing unit which
levies ad valorem property taxes in the local governmental unit in
which the proposed facility is to be located, i e , the City of Livonia, and
advised each of them that the said Applications have been received,
and
WHEREAS, the City Council has afforded 4M Industries, Inc , the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on these Applications and said hearing
having in fact been conducted at 7 00 p m , Monday, August 29, 2011,
at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
WHEREAS, the aggregate SEV of real and personal property exempt
from ad valorem taxes within the City of Livonia after granting these
certificates will not exceed 5% of an amount equal to the sum of the
SEV of the unit, plus the SEV of personal and real property thus
exempted
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received
from the applicant, 4M Industries, Inc., finds and determines
(a) that the granting of these Industrial Facilities Exemption
Certificates shall not have the effect of substantially impeding
the operation of the local governmental unit or impairing the
Regular Meeting Minutes of September 7, 2011 38001
financial soundness of any taxing unit which levies an ad
valorem property tax in the local governmental unit in which the
facility is to be located, and (b) the applicant has fully complied
with the requirements of Section 9, Act No 198, P.A. 1974, as
amended
2 That the City Council hereby approves these Applications for
Industrial Facilities Exemption Certificates from 4M Industries,
Inc , covering new equipment for their facility located within the
City of Livonia Industrial Development Overlay District No 111,
for 8 years
3 That in accordance with the requirements of Section 22, Act
198, P.A. 1974, as amended, wherein a Letter of Agreement
between the applicant and the City is required in order to clarify
the understanding and the commitment between the applicant
and the City Council upon approval of these two (2) Industrial
Facilities Exemption Certificates, the Council hereby authorizes
the Mayor and City Clerk to sign such Letters of Agreement as
duly executed by the applicant and incorporate such Letters of
Agreement as part of the documentation required to process
applications for Industrial Facilities Exemption Certificates
Meakin stepped down from the podium at 8 25 p m to avoid a perceived conflict of
interest.
On a motion by Toy, seconded by Schwartz, it was
#294-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 30, 2011, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and Superintendent of Parks and Recreation,
and is approved for submission by the Mayor, the Council does hereby
accept the unit price bid of Hayball Transport, Inc., 12500 Farmington
Road, Livonia, Michigan 48150, for completing all work required in
connection with the reconstruction and paving of the east asphalt
parking lot of idyl Wyld Golf Course/One Under Restaurant (Contract
11-M) for the estimated total cost of$159,322 50 (to be shared 50% by
the City of Livonia and 50% by the owner of One Under Restaurant),
based upon the Engineering Department's estimate of units involved,
and subject to a final payment based upon the actual units completed
in accordance with the unit prices accepted herein, said estimated cost
and unit prices having been in fact the lowest bid received and meets
all specifications, FURTHER, the Council does hereby authorize the
expenditure of a sum not to exceed $50,000 00 from funds already
budgeted in Account No 401-000-974-000 (Capital Projects Fund) for
this purpose, FURTHER, the Council does hereby appropriate and
authorize an additional expenditure in an amount not to exceed
Regular Meeting Minutes of September 7, 2011 38002
$29,661 25 from the Unexpended Fund Balance of the Capital Projects
Fund (401) for this purpose, and the City Engineer is hereby
authorized to approve minor adjustments in the work as it becomes
necessary; and the Mayor and City Clerk are hereby authorized to
a,,,,, execute a contract for and on behalf of the City of Livonia with the
aforesaid bidder and to do all other things necessary or incidental to
the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Schwartz, Pastor, Laura, Toy, and McCann
NAYS None
The President declared the resolution adopted
Meakin returned to the podium at 8 26 p m
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
was
#295-11 RESOLVED, that having considered a communication
from the Department of Law, dated August 19, 2011, approved for
submission by the Mayor, transmitting for Council acceptance a Quit
Claim Deed, more particularly described as
Part of the N E % of Section 24, T 1 S , R 9 E., City of Livonia, Wayne
County, Michigan, described as beginning at a point distant South 89
degrees 49 minutes 00 seconds West, 688 00 feet, and South 00
degrees 19 minutes, 30 seconds East., 1567 23 feet, and South 89
degrees 49 minutes 00 seconds West, 358 18 feet from the N E
corner of said Section 24 and proceeding thence South 00 degrees 18
minutes 47 seconds East, 48 03 feet; thence South 89 degrees 49
minutes 00 seconds West 50 00 feet; thence North 00 degrees 18
minutes 47 seconds West, 48 04 feet, thence South 89 degrees 49
minutes 00 seconds West, 50 00 feet to the point of beginning
Containing 0 06 Acres
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Quit Claim Deed, subject to approval as to form by the
Department of Law; 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
Regular Meeting Minutes of September 7, 2011 38003
On a motion by Pastor, seconded by Toy, and unanimously adopted, it
was
#296-11 RESOLVED, that having considered a communication
from the Department of Law, dated August 19, 2011, approved for
submission by the Mayor, transmitting for Council acceptance a Quit
Claim Deed, more particularly described as
Part of,the N E 1/4 of Section 24, T 1 S , R 9E , City of Livonia, Wayne
County, Michigan, described as beginning at a point distant South 89
degrees 49 minutes 00 seconds West, 658 00 feet, and South 00
degrees 19 minutes, 30 seconds East., 1075 00 feet, and South 89
degrees 49 minutes 00 seconds West, 481 50 feet from the N E
corner of said Section 24 and proceeding thence South 00 degrees 24
minutes 15 seconds East, 80 00 feet; thence South 89 degrees 49
minutes 00 seconds West 60 00 feet; thence North 00 degrees 24
minutes 15 seconds West, 80 00 feet; thence North 89 degrees 49
minutes 00 seconds East 60 00 feet to the point of beginning
Containing 0 11 Acres
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Quit Claim Deed, subject to approval as to form by the
Department of Law; 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 Meakin, it was.
#297-11 RESOLVED, that having considered a communication
from the Department of Law, dated August 18, 2011, 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, Ford Motor Company v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Schwartz, Pastor, Meakin, Laura, Toy, and McCann
NAYS None
The President declared the resolution adopted
There was no Audience Communication at the end of the meeting
Regular Meeting Minutes of September 7, 2011 38004
Meakin indicated it was election season and stated there were more
people present at the meeting including Council candidates Brandon Kritzman,
Susan Nash, and Leo Neville
On a motion by Toy, seconded by Schwartz, and unanimously
adopted, this 1,688th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 30 p m
JLtetA-e-e ICC;
Terry A41arecki, City Clerk