HomeMy WebLinkAboutCOUNCIL MINUTES 2011-03-23 37818
MINUTES OF THE ONE THOUSAND SIX HUNDRED SEVENTY SEVENTH
REGULAR MEETING OF MARCH 23, 2011
On March 23, 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 Pastor led the meeting with
the Pledge of Allegiance
Roll was called with the following result: John Pastor, Brian Meakin,
Joe Laura, Laura Toy, Conrad Schwartz, and James McCann Absent: Maureen
Miller Brosnan
Elected and appointed officials present: Kevin Roney, Assistant City
Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner;
Don Knapp, City Attorney; Terry Marecki, City Clerk; and Mayor Jack Kirksey
On a motion by Pastor, seconded by Schwartz, and unanimously
adopted, it was
#66-11 RESOLVED, that the Minutes of the 1,676th Regular
Meeting of the Council held March 9, 2011, are hereby approved as
submitted
Meakin announced March is "National Reading Month" and indicated
he was happy to read to students yesterday at Webster Elementary and is
scheduled to read to Hoover Elementary students on Friday, March 25, 2011
Mayor Kirksey addressed Council to indicate the United States Census
Bureau's report was recently released which indicated Livonia has experienced a
decline of 3 6% in population, or the loss of approximately 3,600 citizens over the
past decade Mayor Kirksey stated the data showed there are 96,942 residents in
Livonia and stated Livonia has done a good job of retaining its residents Mayor
Kirksey also wanted to take a moment to recognize the owners of Just Baked, Pam
and Todd Turkin, who have been successful in their business endeavors and are in
the process of expanding Mayor Kirksey indicated they are partnering with Garden
Fresh Gourmet to take their products nationwide and have plans to expand within
the community
Regular Meeting Minutes of March 23, 2011 37819
Pam Turkin, co-owner of Just Baked, thanked Council for inviting them
to be present and indicated they began their business two years ago on Seven Mile
Road and have enjoyed much success due to the support of Livonia citizens. Ms
Turkin thanked the Livonia community for its support and indicated their intent to
remain in Livonia and expand into a 10,000-15,000 square foot building
President McCann announced the following Public Hearing to be held
on Wednesday, April 6, 2011, at 6 30 p m in the Auditorium of the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan
Petition 2011-01-01-01 submitted by Robert Semaan requesting to
rezone property located on the north side of Plymouth Road, between
Wayne Road and Stark Road (34800 Plymouth Road), in the
Southwest 1/4 of Section 28 from C-1 to C-2 (Local Business to General
Business)
During Audience Communication, Gary Coin, 32655 Lyndon,
addressed Council to express concern of noise from garbage trucks within his
neighborhood at 5 45 a m. Mr Coin inquired if the garbage trucks should not begin
garbage removal until after 7 00 a m and informed Council he has previously
contacted the City's Inspection Department as well as Waste Management with his
complaint, however, the most recent incident occurred just last week and Mr Coin
inquired what could be done to address the matter for the future
Christopher Martin, 12275 Inkster Road, addressed Council to provide
an update regarding the Zoning Board of Appeals meeting for his request to install a
wrought iron fence around his business located on Inkster Road Mr Martin stated
the only objections raised were made by four of the Zoning Board of Appeals
members which resulted in a loss for him with a 4-3 vote Mr Martin encouraged
Council members to attend some of the Zoning Board of Appeals meetings to watch
and see how appointed members conduct business
Ann Zimmerman, 15135 Garden, addressed Council to express
concern about transportation outside of the Livonia community Ms Zimmerman
indicated she is legally blind and recently obtained employment in Lincoln Park and
stated transportation expenses are very costly for her Ms Zimmerman explained it
is difficult to get transportation through Livonia Transit for her doctors' appointments
because availability is limited and she must schedule same three or four days in
advance Ms Zimmerman stated she finds public transportation for people with
disabilities to be deficient in the Livonia community and inquired what can be done to
help individuals who require same
A communication from the Planning Department dated March 10,
2011, re minor site plan modifications for the Livonia Market Place, was received
Regular Meeting Minutes of March 23, 2011 37820
and placed on file for the information of the Council. (Petition 2008-06-02-20) (CR
378-08, CR 429-08, CR 536-08)
On a motion by Toy, seconded by Pastor, it was
#67-11 RESOLVED, that having considered a letter from Michael
and Carol Stepleton, dated March 4, 2011, which requests permission
to waive Section 8 32 070 (Noise Control) of the Livonia Code of
Ordinances, as amended, to allow a DJ to perform from approximately
5 00 p m until 11 00 p m. at 36139 Roycroft in connection with a
backyard wedding reception scheduled for Friday, June 24, 2011, the
Council does hereby determine to waive Section 8 32 070 (Noise
Control) of the Livonia Code of Ordinances between the hours of 5 00
p m. and 11 00 p m in connection with this event to be held on Friday,
June 24, 2011
#68-11 RESOLVED, that having considered a communication
from the City Clerk, dated March 2, 2011, forwarding an application
submitted by Corrine Maus, 257 Church St., Belleville, Michigan
48111, 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
#69-11 RESOLVED, that having considered a communication
from the Mayor, dated February 23, 2011, wherein he has requested
approval of the reappointment of John Murphy, 32320 Cambridge,
Livonia, Michigan 48154, to the Local Officers Compensation
Commission for a seven-year term expiring April 2, 2018, pursuant to
Section 2 48 020 of the Livonia Code of Ordinances, as amended, and
Act No 197 of the Public Acts of Michigan of 1975, as amended,
the Council does hereby confirm and approve such reappointment.
#70-11 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated February 28, 2011,
approved for submission by the Mayor, to which is attached a list of
recommended final budget adjustments required for the Fiscal Year
2010 Budget, the Council does hereby authorize said budget
adjustments and transfers in the manner and form set forth in the
attachment.
A communication from the Director of Finance, dated February 28,
2011, re the Annual Report for the fiscal year ending November 30, 2010, on the
L
Regular Meeting Minutes of March 23, 2011 37821
investment activity of City Funds, was received and placed on file for the information
of the Council (CR 820-98)
#71-11 RESOLVED, that having considered the report and
recommendation of the Finance Director, dated February 24, 2011,
approved for submission by the Mayor, requesting to review
departmental user fees, the Council does hereby refer this matter to
the Committee of the Whole for its report and recommendation
#72-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 7, 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,
the Council does hereby accept the unit price bid of Hayball Transport,
Inc , 12550 Farmington Road, Livonia, Michigan 48150, for completing
all work required in connection with the 2011 Asphalt Paving
Rehabilitation and Reconstruction Program (Contract 11-A) on various
streets throughout the City of Livonia for the estimated total cost of
$1,543,239 06, based on the Engineering Division's estimate of units of
work involved and subject to final payment based on the actual units of
work 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 an expenditure in an amount not to exceed
$1,543,239 06 for the 2011 Asphalt Paving Rehabilitation and
Reconstruction Program from funds already budgeted in the Road,
Sidewalk and Tree Fund as follows
Account No 204-463-818-110 (Reconstruction) $709,064 83
Account No 204-463-818-112 (Rehabilitation) $736,749 56
Account No 204-463-818-114 (Maintenance) $ 97,424 67
for this purpose, and the City Engineer is hereby authorized to approve
any minor adjustments in the work as it becomes necessary; and the
Mayor and City Clerk are hereby authorized to execute a contract for
and on behalf of the City of Livonia with the aforesaid bidder and to do
all other things necessary or incidental to the full performance of this
resolution
#73-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 7, 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, to
which is attached a summary outlining the final allocation of costs in
connection with the 2010 Sidewalk Program pursuant to Council
Resolution 113-10, the Council does hereby determine as follows
Regular Meeting Minutes of March 23, 2011 37822
1 To establish the final project cost at $804,953 07 of which total
$277,380 24 is to be charged to the Single Lot Assessments
and $468,409 70 is to be charged to the following City funds
$302,987 68 (includes sidewalk work done at Mies Park) to the
Road, Sidewalk and Tree Fund (Account No 204-441-818-104),
$26,869 11 to the Unexpended Fund Balance of the Michigan
Transportation Fund (Major Road Account), $134,447 38 to the
Unexpended Fund Balance of the Michigan Transportation Fund
(Local Road Account) and $3,606 93 to the Unexpended Fund
Balance of the Water and Sewer Fund,
2 To authorize an additional appropriation and expenditure in the
amount of $12,477 94 from the Unexpended Fund Balance of
the Michigan Transportation Fund (Major Road Account) with
the provision that this fund be reimbursed from that portion of
the project which is to be financed by special assessments at
such time as funds are subsequently received from the payment
of bills and assessments by the affected homeowners,
3 To authorize an additional appropriation and expenditure in the
amount of $31,162.21 from the Road, Sidewalk and Tree Fund,
Account No 204-441-818-104 to cover additional slab
replacements related to repairs of sidewalks heaved by tree
roots and sidewalk work done at Mies Park,
4 To authorize an additional appropriation and expenditure of
$13,658 84 from the Unexpended Fund Balance of the Michigan
Transportation Fund (Local Road Account) to cover the costs
related to the construction or reconstruction of additional
handicap ramps at local roads and other City costs and to cover
the administrative costs connected with this work,
5 To authorize invoicing the Livonia Housing Commission in the
amount of$498 60 for work done at City owned housing, and
6 To authorize a final payment of $5,000 00 to Joe Rotondo
Construction Corporation, 38807 Ann Arbor Road, Suite 2,
Livonia, Michigan 48150, upon the final release by the
Engineering Division for work related to Contract 10-G
#74-11 RESOLVED, that having considered a communication
from the City Engineer, dated March 7, 2011, which bears the
signature of the Director of Finance, the Director of Public Works and
the City Attorney, and is approved for submission by the Mayor, in
connection with the construction of a new ring road behind City Hall in
the Northwest 1/4 of Section 22, the Council does wish to vacate Library
Drive between Five Mile Road and Civic Center Drive for a total
vacation length of 1,003 18 feet and does hereby refer the subject of
Regular Meeting Minutes of March 23, 2011 37823
the vacating of Library Drive to the City Planning Commission for
action and recommendation in accordance with provisions of law and
City Ordinance
#75-11 RESOLVED, that having considered a communication
from the City Engineer, dated March 7, 2011, which bears the
signature of the Director of Finance, the Director of Public Works and
the City Attorney, and is approved for submission by the Mayor,
concerning the inclusion in the local street system, for Act 51 revenue
computation purposes, of the following street:
Civic Center Drive (Starting from behind Livonia Civic
(Additional) Center Library and heading south, then
west)
Length 723 42 ft.
Termini Civic Center Drive (Old)
(See Attached Legal Description)
Location N W IA of Section 22
the Council does hereby authorize the City Engineer acting as the
Street Administrator to apply to the Michigan Department of
Transportation for the inclusion of said street in the City's local street
system for purposes of computing the City's share of Act 51 revenues,
AND BE IT FURTHER RESOLVED THAT the said street is an
approved public street and is open for public purposes, and
FURTHER, that said street is accepted into the City's local street
system and is located within a right-of-way under the control of the City
of Livonia and that said street was open to the public as of December
31, 2010
#76-11 RESOLVED, that having considered a letter from Brian
Duggan, Director, Livonia Anniversary Committee, dated March 2,
2011, the Council does hereby take this means to indicate that the
Livonia Anniversary Committee is recognized as a non-profit
organization operating in the community, and the action herein being
taken for the purpose of affording Livonia Anniversary Committee an
opportunity to obtain a charitable gaming license or registration from
the State of Michigan in accordance with provisions of State statute
#77-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 3, 2011, which
transmits its resolution 03-09-2011 adopted on March 1, 2011, with
regard to Petition 2011-02-08-01 submitted by Subu Enterprise,
requesting site plan approval for an outdoor dining patio (seasonal
seating) at the existing full service restaurant (G Subu's Leather
Bottle) on property located on the east side of Farmington Road
Regular Meeting Minutes of March 23, 2011 37824
between Eight Mile Road and Norfolk Road (20300 Farmington Road),
in the Northwest 1/4 of Section 3, pursuant to the provisions set forth in
Section 18 47 of Ordinance No 543, as amended, the Council does
hereby concur in the recommendation made by the Planning
Commission and Petition 2011-02-08-01 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan dated February 23, 2011, is hereby approved
and shall be adhered to,
2 That the maximum number of outside patio seats shall not
exceed a total of 48 seats,
3 That if there are umbrellas on the patio, they not contain any
advertising or signage,
4 That there shall be an emergency egress gate with ramp from
the new dining area as required by the Police Department and
Inspection Department;
5 That the handicapped parking spaces in the northerly parking
area be relocated as close as possible to the building entrance,
subject to the review of the Inspection Department;
6 That no signs, either freestanding or wall mounted, are
approved with this petition All such signage shall be separately
submitted for review and approval;
7 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
8 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
building permits are applied for; and
9 That this approving resolution does not grant approval for the
use of outdoor speakers in connection with the outdoor seating
area
#78-11 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated March 1, 2011,
approved for submission by the Mayor, to which is attached a
proposed Oil and Gas Lease Agreement between the City of Livonia
and West Bay Exploration Company, which grants oil and gas rights
underneath Bluegrass Park and Nature Preserve, as well as areas
underneath South Laurel Park Drive, Newburgh Road, and two (2)
small parcels near Six Mile and Newburgh Roads, and specifies that
Regular Meeting Minutes of March 23, 2011 37825
no operations shall be conducted upon the surface of such land for a
term of three (3) years, with an option to extend for an additional term
of three (3) years on publicly-owned property described as follows
Township 1 South, Range 9 East, City of Livonia
Section 18 The W/2 of Section 18 East of the Expressway 1-96 Parcel
#07099001002 Also, land described as beginning at a point on the
East line of Section 18, said point being S 0°26'10" East 60 00 feet
from the Northeast corner of Section 18, thence S 0°26'10" East along
the East line of Section 18, 150 00 feet to a point; thence S 89°58'
West 183 00 feet to a point; thence N 0°26'10" West 150 00 feet to a
point on the south line of the Six Mile Road (120 ft wide), thence N
89°58' East along said South line 183 00 feet to the point of beginning
Parcel #069990001007
AND
A parcel of land being a part of the Northeast 1/4 of Section 18, T1S-
R9E, City of Livonia, Wayne County, Michigan, more particularly
described as Commencing at the Northeast corner of said Section 18,
T1S-R9E, thence South 89°58' West along the North line of said
Section 18, 1095 73 feet to a point; thence South 00°02' East 90 00
feet to a point on the South line of the Six Mile Road (180 feet wide),
said point being the Northeast corner and the point of beginning of the
parcel herein described, thence South 00°02' East 380 00 feet; thence
South 89°58' West 116 000 feet; thence North 00°02' West 380 00 feet
to a point on the South line of the Six Mile Road, thence North 89°58'
East 116 00 feet to the point of beginning
AND
Part of the Northeast 1/4 of Section 18, T1S-R9E, City of Livonia,
Wayne County, Michigan, more particularly described as Beginning at
a point on the East line of Section 18, said point being South 00°26'10"
East 60 00 feet from the Northeast corner of Section 18, thence South
00°26'10" East along the East line of Section 18, 150 00 feet to a point;
thence South 89°58' West 183 00 feet to a point; thence North
00°26'10" West 150 00 feet to a point on the South line of the Six Mile
Road (120 feet wide), thence North 89°58' East along said South line
183 00 feet to the point of beginning
AND
Commencing at the Northeast corner of Section 18, T1S-R9E, City of
Livonia, Wayne County, Michigan, thence South 00°21'20" East along
the East line of said section 623 01 feet to a point; thence South 89°58'
West 60 00 feet to a point on the West line of Newburgh Road (120
feet wide), said point being the Northeast corner and the place of
Regular Meeting Minutes of March 23, 2011 37826
beginning of the parcel herein described, thence South 00°21'20" East
along the West line of said Newburgh Road, 58 00 feet to a point;
thence South 89°58' West 150 00 feet to a point; thence North
84°19'22" West 70 39 feet to a point; thence North 00°21'20" West
51 00 feet to a point; thence North 89°58' East 220 00 feet to the point
of beginning
AND
The East 60 feet of the Northeast 1/4 of the Northeast % of Section 18,
T1S-R9E, City of Livonia, Wayne County, Michigan, except the North
60 00 fee thereof
Containing 45 667 acres more or less
for a sum of $13,700 10 plus royalty payments, the Council does
hereby approve of the aforesaid Lease Agreement and authorizes the
Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the attached Lease Agreement, as well as to do all other
things necessary or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Pastor, Meakin, Laura, Toy, Schwartz, and McCann
NAYS None
Toy gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 120, 130, 140, 190, AND
220 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
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 gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 030 AND 050 OF TITLE 3,
CHAPTER 06 (COST RECOVERY) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
Regular Meeting Minutes of March 23, 2011 37827
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 REPEALING CHAPTERS 18 (COKE AND COAL),
21 (DRIVE-IN THEATRES) AND 93 (WEIGHTS AND MEASURES) OF
TITLE 5, OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
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
Toy stepped down from the podium at 8 21 p m to avoid a perceived
conflict of interest.
On a motion by Meakin, seconded by Pastor, it was
#79-11 RESOLVED, that having considered a communication
from the City Engineer, dated March 7, 2011, which bears the
signature of the Director of Finance and the Director of Public Works,
approved for submission by the Mayor, and submitted pursuant to
Council Resolution 32-11, and the City Engineer having ascertained
the assessed valuation of all property affected by the proposed
creation of a Special Assessment District for the operation of an
irrigation system along portions of Plymouth Road formerly paid for
utilizing PRDA funds, and such report having indicated the number of
parcels which show tax delinquencies, the number of parcels owned by
public authorities, the number of parcels which are vacant, and having
prepared and caused to be prepared plans and specifications therefore
and an estimate for the cost thereof, and to file the same with the City
Clerk together with his recommendation as to what proportion of the
cost should be paid by special assessment and what part, if any,
should be a general obligation to the City, the number of installments in
which assessments may be paid and the lands which should be
included in the proposed special assessment district, and it appearing
to the Council that all of such information, estimate, plans,
specifications and recommendations have been properly filed by the
City Engineer with the City Clerk under date of March 7, 2011, and that
Regular Meeting Minutes of March 23, 2011 37828
there has been a full compliance with all of the provisions of Section
3 08 060 of the Livonia Code of Ordinances, as amended, the Council
does hereby set Monday, April 18, 2011 at 7 30 pm (or immediately
following the 7 00 p m public hearing) 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Meakin, Laura, Schwartz, and McCann
NAYS None
The President declared the resolution adopted
Toy returned to the podium at 8 23 p m
There was no Audience Communication at the end of the meeting
On a motion by Pastor, seconded by Schwartz, and unanimously
adopted, this 1,677th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 27 p m
g it"(
Terry(A) Marecki, City Clerk