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HomeMy WebLinkAboutCOUNCIL MINUTES 2011-01-26 37781 MINUTES OF THE ONE THOUSAND SIX HUNDRED SEVENTY THIRD REGULAR MEETING OF JANUARY 26, 2011 On January 26, 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 Vice President Laura led the meeting with the Pledge of Allegiance Roll was called with the following result: Joe Laura, Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, and James McCann Absent: None Elected and appointed officials present: Todd Zilincik, City Engineer; Karen Tesner, Assistant City Clerk, Mark Taormina, City Planner; Don Knapp, City Attorney; Mayor Jack Kirksey; and former Mayor Robert Bennett. On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #15-11 RESOLVED, that the Minutes of the 1,672nd Regular Meeting of the Council held January 12, 2011, are hereby approved as submitted Mayor Kirksey addressed Council to thank the community for coming together and being so supportive following the tragic loss of Officer Larry Nehasil Mayor Kirksey indicated surrounding communities came together and provided staffing for the Police and Fire Departments so members of those divisions could attend the funeral of Officer Nehasil and the outpouring of support from local business owners, friends and family members of Livonia has been truly amazing Further, Mayor Kirksey stated he had great appreciation for the members of the Livonia Police and Fire Departments and the great service they provide to the community on a daily basis Pastor thanked his wife for 24 years of marriage and indicated he and his wife celebrated their 24th wedding Anniversary on Monday, January 24th and stated he looked forward to spending another 24 years with her Regular Meeting Minutes of January 26, 2011 37782 During Audience Communication, Christopher Martin, 12275 Inkster Road, addressed Council to express his concern about losing money from his business due to theft and vandalism Mr Martin indicated he had requested a seven foot wrought iron fence to surround his business to keep out vandals Mr Martin `„ stated he felt the letter received by his neighbors was unclear and wanted to request that a letter be sent to his neighbors that would clearly delineate what he had requested so his neighbors would understand what he was attempting to accomplish A communication from the Engineering Division, dated January 26, 2011, re survey costs associated with the proposed sale of the vacant City-owned property located at 36413 Parkdale Avenue, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Meakin, it was #16-11 RESOLVED, that having considered a communication from David S Lent, dated December 28, 2010, regarding purchasing the City-owned lot located at 36413 Parkdale in Shaffmaster's Parkside Estates (Tax Parcel No 46-126-03-0015-000), which is adjacent to property he currently owns, the Council does hereby refer this matter to the Administration for its report and recommendation #17-11 RESOLVED, that having considered a communication from the Assistant Assessor, dated December 27, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6 of the Charter of the City of Livonia, the Council does hereby determine to approve the following dates for the Board of Review to conduct public hearings in 2011, which public hearings are to be conducted in the conference room of the City Assessor on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154 FIRST SESSION Tuesday March 8, 2011 Organizational Meeting 9'00 a.m - 1 00 p m Wednesday March 9, 2011 9'00 a.m.- 12:00 p m. 1 30 p m -4 00 p m. Thursday March 10, 2011 9 00 a.m - 12.00 p m. 1 30 p m -4 00 p m. Friday March 11, 2011 9.00 a.m.- 1 30 p m. SECOND SESSION Monday March 14, 2011 9'00 a m. - 12•00 p m. 1 30pm -400pm Tuesday March 15, 2011 9.00 p m - 12 00 p m. 2.00 p m -7 30 p m. Thursday March 17, 2011 9.00 a.m. - 12:00 p m. 2:00 p m.- 7 30 p m. Friday March 18, 2011 9.00 a.m - 12.00 p m 1 30 p m -4 00 p m Monday March 21, 2011 9'00 a.m. - 12.00 p m. 1 30 p.m.-4 00 p m. Regular Meeting Minutes of January 26, 2011 37783 FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be $120 00 for the Chairperson and $100 00 for other members Pursuant to Public Act No 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers will be used to determine the State Equalized Value (S E.V ) for the year 2011 CLASS RATIO S.E.V FACTOR (MULTIPLIER) Agricultural 50 00 1 0000 Commercial 50 00 1 0000 Industrial 50 00 1 0000 Residential 50 00 1 0000 Personal 50 00 1 0000 #18-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 10, 2011, which bears the signature of the Director of Finance and the City Attorney, is approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a proposal from Spalding DeDecker Associates, Inc , dated January 7, 2011, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract between the City of Livonia and Spalding DeDecker Associates, Inc (SDA), 905 South Boulevard East, Rochester Hills, Michigan 48037, to provide design services for the Safety Improvement Project — Traffic Signal Modernization at Six Mile and Farmington Road, Seven Mile Road and Farmington Road, and Six Mile Road and Haggerty Road in an amount not to exceed $35,950 00; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $35,950 00 from funds already budgeted in Account No 202-463-818-125 (Major Street Fund — City Participation in County and MDOT Projects) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work, as it becomes necessary #19-11 RESOLVED, that having considered a communication from the Department of Law, dated December 29, 2010, approved for submission by the Mayor, the Council does hereby authorize the Department of Law to resolve the claim of Mr Daryl Reddick for injuries sustained while riding his bicycle on City-owned sidewalk on West Eight Mile on August 5, 2009, in the amount of $60,000 00, and the Department of Law is hereby authorized to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: `.. AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann Regular Meeting Minutes of January 26, 2011 37784 NAYS None Brosnan took from the table, for second reading and adoption, the imp following Ordinance AN ORDINANCE ADDING CHAPTER 42 (INSTALLATION AND MAINTENANCE OF GREASE INTERCEPTORS, DISCHARGE PROHIBITIONS) TO TITLE 13 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 380 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Meakin, seconded by Brosnan, and unanimously adopted, it was #20-11 RESOLVED, that having considered the recommendation of the Department of Law, dated December 14, 2010, to amend Subsections (b) and (d) of Section 18 42A of Article XVIII (Wireless Regular Meeting Minutes of January 26, 2011 37785 Communication Facilities) of the Livonia Zoning Ordinances, as amended (Petition 2010-07-06-01) to ensure that operators and colocators do not have radio frequency (RF) energy emissions or other detrimental field output and to require colocators and operators to `,,, notify the Inspection Department of changes in ownership and contact information, the Council does hereby determine to take no further action with regard to this matter A communication from the Department of Law, dated January 26, 2011, re revised amendment to Zoning Ordinance No 543 to ensure that operators and colocators do not have radio frequency (RF) energy emissions or other detrimental field output for wireless communication facilities and to require colocators and operators to notify the Inspection Department of changes in ownership and contact information, was received and placed on file for the information of the Council (Petition 2010-07-06-01) Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTIONS (b) AND (d) of SECTION 18 42A OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2010-07-06-01) 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 Meakin invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Laura, Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann NAYS None Regular Meeting Minutes of January 26, 2011 37786 The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Brosnan, seconded by Schwartz, it was #21-11 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated November 19, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits Housing Commission resolution 32-10, wherein the Commission recommended the following rental adjustments to become effective March 1, 2011, with respect to City-owned scattered site properties as follows Current Proposed 2-Bedroom $420 $430 29149 Morlock 20121 Floral 27545 Long 3-Bedroom $505 $515 11910 Cardwell 12411 Arcola 31220 Hathaway 19941 Deering 9880 Harrison 11784 Arcola 33916 Five Mile 10033 Garden 35546 Orangelawn 12092 Arcola 20222 St. Francis 4-Bedroom $570 $580 20120 Deering The above rents exclude gas, electric and water utility charges The Council does hereby concur in and approve of the recommended action A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann NAYS Laura The President declared the resolution adopted Regular Meeting Minutes of January 26, 2011 37787 On a motion by Toy, seconded by Brosnan, it was imp #22-11 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated January 7, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, submitted pursuant to Council Resolution 518-08, the Council does hereby accept the offer of Ms Donna Page to purchase City-owned property located at 18660 Floral, Livonia, Michigan in the Northeast 1/4 of Section 12, further described as Lots 192 and 193 of Sunningdale Park Subdivision, according to the plat thereof as recorded in Liber 61 of Plats, Page 56, Wayne County Records for a total purchase price of $60,000 00, which sale is conditioned upon the purchaser obtaining financing and participating in a homeownership training program, the action herein being taken in order to best serve the interests of the community; FURTHER, the Council does hereby direct that the sale proceeds be directed to the Neighborhood Stabilization Program for purposes consistent with the NSP Grant Agreement; and the Director of the Housing Commission is hereby authorized to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Director of the Housing Commission and the Department of Law are hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction, 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann NAYS Laura The President declared the resolution adopted On a motion by Pastor, seconded by Meakin, it was RESOLVED, that having considered a report from resident, Christopher Martin, regarding designating an alternate member to serve on the Zoning Board of Appeals, the Council does hereby determine to take no further action regarding the subject matter On a motion by Schwartz, seconded by Toy, it was Regular Meeting Minutes of January 26, 2011 37788 RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following I RESOLVED, that having considered a request from i1r resident, Christopher Martin, regarding designating an alternate member to serve on the Zoning Board of Appeals, the Council does hereby refer the issue of the viability of having an alternate ZBA member to the Administration for its report and recommendation A roll call vote was taken on the motion to substitute as follows AYES Schwartz, Toy, and Brosnan NAYS Laura, Pastor, Meakin, and McCann The President declared the motion to substitute failed due to lack of support. Christopher Martin, 12275 Inkster Road, addressed Council and indicated he would be willing to become an alternate ZBA member at no charge to the City On a motion by Brosnan, seconded by Toy, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a report from resident, Christopher Martin, regarding designating an alternate member to serve on the Zoning Board of Appeals, the Council does hereby refer the subject of designating an alternate ZBA member to the Legislative Affairs Committee for its report and recommendation A roll call vote was taken on the motion to substitute as follows AYES Laura, Toy, Brosnan, and Schwartz. NAYS Pastor, Meakin, and McCann The President declared the motion to substitute adopted A roll call vote was then taken on the proposed substitute resolution by Brosnan, seconded by Toy, as follows #23-11 RESOLVED, that having considered a report from resident, Christopher Martin, regarding designating an alternate member to serve on the Zoning Board of Appeals, the Council does Regular Meeting Minutes of January 26, 2011 37789 hereby refer the subject of designating an alternate ZBA member to the Legislative Affairs Committee for its report and recommendation with the following result: AYES Laura, Toy, Brosnan, and Schwartz. NAYS Pastor, Meakin, and McCann The President declared the substitute resolution adopted On a motion by Toy, seconded by Laura, and unanimously adopted, it was #24-11 RESOLVED, that having considered a letter from Dale Cotler, President, Livonia Rotary Charitable Foundation, Inc , dated January 17, 2011, the Council does hereby take this means to indicate that Livonia Rotary Charitable Foundation, Inc is recognized as a non- profit organization operating in the community, and the action herein being taken for the purpose of affording Livonia Rotary Charitable Foundation, Inc an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute Dale Coller, President of Livonia Rotary Charitable Foundation, Inc , was present to answer any questions of Council On a motion by Brosnan, seconded by Toy, and unanimously adopted, it was #25-11 RESOLVED, that having considered a communication from the Department of Law, dated January 11, 2011, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Angela Hospice Home Care, Inc in connection with the development of a water main at 14100 Newburgh Road in the Southwest 1/4 of Section 20, more particularly described as A centerline description for a 20 foot wide water main easement lying in part of the Southwest '/4 of Section 20, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, being more particularly described as Commencing at the southwest corner of said Section 20, thence along the west line of said section also being the centerline of Newburgh Road (60 feet wide, 1/2 width) N 00°03'45" E , 702 00 feet; thence S 89°56'35" E , 60 00 feet to a point on the easterly right-of- way line of Newburgh Road, thence S 89°56'35" E , 415 30 feet to the point of beginning of said watermain easement; thence N 00°00'06" Regular Meeting Minutes of January 26, 2011 37790 W , 24 97 feet to point 'A', thence N 00°00'06" W , 36 94 feet; thence N 45°00'06" W , 133.23 feet; thence N 00°00'06" W , 60 61 feet to point `B', thence N 00°00'06" W , 68 45 feet; thence N 22°29'54" E , 128 04 feet; thence N 67°29'54" E , 20 63 feet to point 'C', thence N 67°29'54" E., 61 08 feet; thence due North 217 51 feet to point 'D', thence due North 243 16 feet to a point of ending, thence from said point `B', S 89°59'54" W , 21 22 feet to a point of ending, thence from said point 'C', N 22°30'06" W , 43 04 feet to a point of ending, thence from said point 'D', N 89°53'58" E , 258 93 feet to point `E', thence S 00°11'28" E , 192 59 feet to point 'F', thence S 00°11'28" E , 236 56 feet to point `G', thence S 00°11'28" E., 65 99 feet; thence S 44°59'54" W , 193 95 feet; thence S 89°59'54" W , 132 76 feet to point 'H', thence S 89°59'54" W , 25 50 feet to point 'A', thence from said point `E', N 89°48'32" E , 30 00 feet to a point of ending, thence from said point 'F', S 89°48'32" W , 45 02 feet to a point of ending, thence from said point `G', S 89°48'32" W , 61 64 feet to a point of ending, thence from said point 'H', N 00°03'23" E , 56 88 feet to a point of ending 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 There was no Audience Communication at the end of the meeting On a motion by Toy, seconded by Pastor, and unanimously adopted, this 1,673`d Regular Meeting of the Council of the City of Livonia was adjourned at 840 p m Terry. Marecki, City Clerk