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HomeMy WebLinkAboutSYNOPSIS - 2012-12-19 th SYNOPSIS OF THE MINUTES OF THE 1,719 REGULAR MEETING LIVONIA CITY COUNCIL – DECEMBER 19, 2012 Meeting was called to order at 8:00 p.m. Present: Joe Laura, John Pastor, Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, James McCann, and Laura Toy. Absent: None. th MAD #481-12 Resolution by Pastor and Kritzman, approving the minutes of the 1,718 FAT Regular Meeting of the Council held December 5, 2012. A roll call vote was taken on the foregoing resolution: AYES: Pastor, Brosnan, Kritzman, McCann, and Toy. NAYS: None. ABSTAIN: Laura and Robinson. Laura congratulated Barbara Scherr, Assistant City Attorney, on her retirement and presented her with a commendation recognizing her 17 years of dedicated service to the City. th Brosnan wished her daughter, Marie, a Happy 18 Birthday and Council President Laura Toy a Happy Birthday on December 22, 2012. Vice-President Pastor wished his nephew, Adam, a Happy Birthday. He reminded everyone about the Toys for Tots program. There are several drop-off locations including his office at 34018 Beacon; anyone wishing to nominate a family can call his office at (734) 522-3800. President Toy congratulated Patt Kirksey on her retirement from Jackson Center after 36 years of dedicated service. President Toy recognized Dianne Laura, Julie Robinson, and Brian Meakin in the audience this evening. President Toy announced there is new data on Items #23, #24, #25, #26, #27, #28 and #29; also, there are two (2) X-Items that will be discussed following tonight’s Agenda. Mayor Kirksey expressed his grief over the massacre at Sandy Hook Elementary to the residents of Newtown, Connecticut, on behalf of the City of Livonia. Contributions to the families of the victims can send it to My Sandy Hook Family Fund, c/o Wells Fargo Bank, 26 Churchill Road, Newtown, CT 06470. Police Chief Curtis Caid has spoken with the Superintendents from Livonia Public School District and Clarenceville School District and is in close alliance with the schools. th SYNOPSIS OF THE MINUTES OF THE 1,719 REGULAR MEETING 2 LIVONIA CITY COUNCIL – December 19, 2012 President Toy asked for a moment of silence for the Sandy Hook Elementary Massacre victims. AUDIENCE COMMUNICATION: None. The following items were received and filed: Communication from the Department of Finance, dated November 20, 2012, re: forwarding various financial statements of the City of Livonia for the month ending October 31, 2012. Communication via email from John B. Carlin, Jr., Carlin Edwards Brown PLLC, dated December 13, 2012, re: Dave & Buster’s parking at the new location and their Utica restaurant. Communication from Department of Law, dated December 17, 2012, re: Dave & Buster’s liquor license and letter of understanding. Communication from Jennifer Irvine, dated December 18, 2012, re: verification of employment of Nathaniel R. Kearns. Communication from Department of Law, dated December 17, 2012, re: VIP Lazeez extended hours of operation for food and dance. Communication from the Office of the Treasurer, dated December 12, 2012, re: the payment of back taxes and water bills for 28500 Schoolcraft Road. Communication from the Public Service Division, dated December 18, 2012, re: answers to questions asked by Council at the Study Meeting of December 10, 2012, pertaining to a proposed propane fueling station. Communication from the Public Service Division, dated December 18, 2012, re: answers to questions asked by Council at the Study Meeting of December 10, 2012, pertaining to a three (3) year contract to purchase Water Meters and Supplies. Communication from the Public Service Division, dated December 18, 2012, re: answers to questions asked by Council at the Study Meeting of December 10, 2012, pertaining to the Pilot Footing Drain Disconnection Program. Communication from the Engineering Division, dated December 10, 2012, re: Water and Sewer Board Resolution #4513. The following resolutions were offered by Pastor and Robinson: MAD FAT #482-12 Approving a request submitted by Ashley Blizzard, 1551 Heatherwood OrdEnf Drive, Inkster, MI 48141, for a massage apprentice permit. Police th SYNOPSIS OF THE MINUTES OF THE 1,719 REGULAR MEETING 3 LIVONIA CITY COUNCIL – December 19, 2012 MAD #483-12 Approving a request submitted by Matthew Klar, 21900 Farmington Road, FAT OrdEnf Apt. #306, Farmington, MI 48336-4447, for a massage therapist permit. Police #484-12 Accepting the unit price bids meeting all specifications of Allgraphics, Mr. MAD Frank Alspector, 28960 E. King William Dr., Farmington Hills, MI 48331, for nine (9) FAT items of clothing; Image Impressions, Inc., Carolyn Wright-Thomas, 24151 Telegraph P&R Road, Suite 180, Southfield, MI 48033, for nine (9) items of clothing; All American Embroidery, Sandeep Narang, 31600 Plymouth Road, Livonia, MI 48150, for two (2) items of clothing; and Plan Ahead Events, Kathryn Gorowski, 5840 E. Dunbar Road, #15, Monroe, MI 48161, for one (1) item of clothing to supply Parks and Recreation Department for the 2013 Fiscal Year from budgeted funds. #485-12 Accepting the proposal submitted by BS&A Software, 14965 Abbey Lane, MAD FAT Bath, MI 48808, for an upgrade to the BS&A Dot Net System in the amount of Assessr $27,280.00 with an amount of $5,000.00 authorized to be expended from funds available and the balance of $22,280.00 to be expended from budgeted funds in the Assessment Department 2013-2014 Fiscal Year Budget. MAD #486-12 Approving a revised 457 Retirement Plan offered through Community FAT Choice Credit Union to reflect changes in IRS provisions governing 457 Deferred CivSvc Compensation Plans. MAD #487-12 Approving the tentative agreement to be entered into by and between the FAT City of Livonia and the Livonia Police Lieutenants and Sergeants Association for the Police period December 1, 2012 through November 30, 2013. CivSvc MAD #488-12 Approving the extension of medical benefits as provided in the 2010-2013 FAT Livonia Police Officers Association Agreement for the Police Captains, the Deputy Police Police Chief and the Police Chief, effective December 1, 2012. CivSvc #489-12 Accepting the unit price bid of Boon Development, LLC d/b/a/ Sod MAD FAT Solutions, 14382 Sunbury, Livonia, MI 48154, for the City’s 2013-2015 Right of Way Street Tree Trimming/Emergency Response Program subject to final payment based upon the actual units completed; FURTHER, approving an expenditure of $450,000.00 from budgeted funds; FURTHER, authorizing Branch Tree Service, 24195 Mound Road, Warren, MI 48309, to provide routine tree maintenance and emergency tree services in the event the low bidder is unable to provide timely response, at the unit prices bid. #490-12 Accepting the unit price bids of APAC Paper, 4000 Enterprise Drive, Allen MAD FAT Park, MI 48101, HP Products Corporation, 8652 Haggerty Road, Suite 200, Belleville, MI 48111, and Empire Equipment, 18639 Omira Street, Detroit, MI 48203, for supplying the Public Service Division (Building Maintenance Section) with custodial supplies for the period January 1, 2013 through December 31, 2013, and an amount not to exceed $65,000.00 is hereby authorized to be expended from funds already budgeted. th SYNOPSIS OF THE MINUTES OF THE 1,719 REGULAR MEETING 4 LIVONIA CITY COUNCIL – December 19, 2012 #491-12 Approving the proposed Agreement between the City of Livonia and MAD FAT County of Wayne for the resurfacing of Middlebelt Rd from Seven Mile Rd to Base Line Eng Rd. MAD #492-12 Approving a one-year extension of the existing contract with R.S. FAT Contracting, Inc., 9276 Marine City Highway, Casco, MI 48064, for the 2013 Lane Line Eng Marking Program, subject to final payment based on the actual units of work completed; and the Council does hereby authorize an expenditure in the amount of $95,000.00 from funds budgeted. (CR 154-12) MAD #493-12 Authorizing an additional expenditure in an amount not to exceed FAT $47,637.52 to Imperial Landscaping, Inc., 10001 Blackburn, Livonia, MI 48150, from Police budgeted funds for work required in connection with the Livonia Police Station Entrance Improvements (Contract 12-E). (CR 386-12) MAD #494-12 Approving Petition 2012-10-02-26 submitted by MN Express Inc., to FAT Planning construct and operate a truck terminal located on the east side of Merriman Rd between Insp Industrial Rd and Schoolcraft Rd (13520 Merriman Road) subject to conditions. Eng MAD #495-12 Approving Petition 2012-10-02-27 submitted by MN Express Inc., to FAT expand the existing RV storage yard located on the east side of Merriman Rd between Planning Industrial Rd and Schoolcraft Rd (13520 Merriman Road), subject to conditions. Insp Eng #496-12 Waiving the requirement that the entire lot or parcel be hard surfaced with MAD concrete or a plant-mixed bituminous material in connection with the approval of Waiver FAT Use Petition 2012-10-02-27 (13520 Merriman Road), subject to conditions. Planning Insp Eng #497-12 Approving Petition 2012-10-08-06 submitted by Yaroch Senior Services MAD Company, d/b/a/ Home Instead Senior Care, in connection with a proposal to construct FAT an addition to the existing building located on the west side of Middlebelt Rd between Planning Puritan Ave and Six Mile Rd (16013 Middlebelt Road), subject to conditions. Insp Eng #498-12 Approving the request submitted by Enrico E. Soave, Esq., Kucyk, Soave MAD & Fernandes, PLLC, for a waiver of the sidewalk requirement in front of a newly- FAT constructed home located at 15451 Woodring Street; FURTHER, reserving the right to Planning require sidewalks at this location in the event that additional sidewalks are installed in Insp Eng this area at some future date. MAD #499-12 Determining to revoke Industrial Facilities Exemption Certificate #2007- FAT 130, relative to Majeske Machine Inc., formerly located at 34410 Rosati Ave, due to the Assessr fact that the building was vacated in 2012 (IDD No. 100) and no application to transfer Planning the existing Industrial Facilities Exemption Certificate has been filed. A roll call vote was taken on the foregoing resolutions: AYES: Laura, Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy. NAYS: None. th SYNOPSIS OF THE MINUTES OF THE 1,719 REGULAR MEETING 5 LIVONIA CITY COUNCIL – December 19, 2012 McCann gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 9.02 OF ARTICLE IX OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE.” (Petition 2012-03-06-06) McCann gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 9.03 OF ARTICLE IX OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE.” (Petition 2012-03-06-06) Brosnan gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 10.02 OF ARTICLE X OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE.” (Petition 2012-03-06-07) Brosnan gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 10.03 OF ARTICLE X OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE.” (Petition 2012-03-06-07) McCann gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 11.02 OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE.” (Petition 2012-03-06-08) McCann gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 11.03 OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE.” (Petition 2012-03-06-08) McCann gave SECOND READING to the following Ordinance: th SYNOPSIS OF THE MINUTES OF THE 1,719 REGULAR MEETING 6 LIVONIA CITY COUNCIL – December 19, 2012 AN ORDINANCE AMENDING SECTION 6 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 2012-08-01-04) A roll call vote was taken on the foregoing Ordinance: AYES: Laura, Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy. NAYS: None. McCann gave SECOND READING to the following Ordinance: PROPOSED AMENDMENTS TO SECTION 2.10(16) OF ARTICLE II (DEFINITION OF MISCELLANEOUS TERMS): MECHANICAL AMUSEMENT DEVICES OF THE CITY OF LIVONIA ZONING ORDINANCE. (Petition 2012-08-06-10) A roll call vote was taken on the foregoing Ordinance: AYES: Laura, Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy. NAYS: None. #500-12 Resolution by Robinson and Brosnan, unanimously adopted, approving MAD Petition 2012-10-02-28 submitted by Dave & Buster’s Inc., to construct and operate a FAT Planning full service restaurant (Dave & Buster’s) with mechanical amusement devices located Insp on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue Eng (19375 Victor Parkway) subject to conditions. MAD FAT #501-12 Resolution by Robinson and Laura, unanimously adopted, waiving the Planning requirement that there be no more than a total of thirty-five (35) such mechanical Insp amusement devices in the establishment in connection with the approval of Waiver Use Eng Petition 2012-10-02-28 for the new Dave & Buster’s Restaurant (19375 Victor Parkway). MAD #502-12 Resolution by Brosnan and Robinson, unanimously adopted, waiving the FAT requirement that the facility be located within a shopping center of at least 500,000 Planning Insp square feet of gross leasable floor area in connection with the approval of Waiver Use Eng Petition 2012-10-02-28 for the new Dave & Buster’s Restaurant (19375 Victor Parkway). MAD #503-12 Resolution by Brosnan and Kritzman, unanimously adopted, waiving the FAT requirement that there be no sale or consumption of food or beverages on the premises Planning in connection with the approval of Waiver Use Petition 2012-10-02-28 for the new Dave Insp & Buster’s Restaurant (19375 Victor Parkway). Eng MAD #504-12 Resolution by Brosnan and McCann, unanimously adopted, waiving the FAT requirement that the operation cease on or before 9:00 PM in connection with the Planning approval of Waiver Use Petition 2012-10-02-28 for the new Dave & Buster’s Restaurant Insp (19375 Victor Parkway). Eng th SYNOPSIS OF THE MINUTES OF THE 1,719 REGULAR MEETING 7 LIVONIA CITY COUNCIL – December 19, 2012 #505-12 Resolution by Pastor and Kritzman, unanimously adopted, approving MAD Petition 2012-10-02-29 submitted by Dave & Buster’s, Inc., requesting waiver use FAT Planning approval to utilize a Class C liquor license (sale of beer, wine and spirits for Insp consumption on the premises) in connection with a full service restaurant (Dave & Police Buster’s) at 19375 Victor Parkway, subject to conditions; FURTHER, waiving the Zoning Fire Ordinance requirement that there be at least a 1,000 foot separation between Class C licensed establishments. MAD #506-12 Resolution by Brosnan and McCann, unanimously adopted, approving a FAT request submitted by Nathaniel R. Kearns, 15344 Bainbridge, Livonia, MI 48154, for a OrdEnf massage apprentice permit. Police #507-12 Resolution by Brosnan and Laura, unanimously adopted, denying the MAD FAT request from VIP Lazeez, LLC for transfer of ownership of a 2011 Class C Licensed Planning Business with Dance Permit and Official Permit (Food) from Compton Village Cocktail Insp Lounge, Inc., (Step II), for a business located at 28500 Schoolcraft Road, Livonia, MI Police 48150 and for a New Official Permit (Dance) for weekdays, 2:30 AM – 7:00 AM and Fire Sundays, 2:30 AM to 12:00 PM. #508-12 Resolution by Pastor and Laura, approving the proposed agreement with MAD Amerigas Propane, LP, 4000 Leah Lane, Flat Rock, MI 48134, for supplying the Public FAT Service Division with a fueling station and propane for a period of five (5) years with the option of purchasing the fueling station at the end of the five (5) year period for $10,000.00, with the funds for such agreement to be expended from budgeted funds. A roll call vote was taken on the foregoing Resolution: AYES: Laura, Pastor, Brosnan, Kritzman, McCann, and Toy. NAYS: Robinson. #509-12 Resolution by Pastor and Kritzman, approving the purchase of Water MAD nd Meters and supplies from Etna Supply Company, 529 32 Street SE, Grand Rapids, MI FAT 48548, at the unit prices quoted for a three (3) year period for the estimated total cost of $165,000.00. A roll call vote was taken on the foregoing Resolution: AYES: Laura, Pastor, Brosnan, Kritzman, McCann, and Toy. NAYS: Robinson. #510-12 Resolution by McCann and Kritzman, unanimously adopted, authorizing MAD the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract FAT Eng amendment between the City of Livonia and Orchard, Hiltz & McCliment, Inc., 34000 Plymouth Road, Livonia, MI 48150, to provide design and construction engineering services for the Pilot Footing Drain Disconnect Program (City District 16) Project RXIA- 05, in an amount not to exceed $45,000.00 from budgeted funds. th SYNOPSIS OF THE MINUTES OF THE 1,719 REGULAR MEETING 8 LIVONIA CITY COUNCIL – December 19, 2012 MAD #511-12 Resolution by McCann and Laura, unanimously adopted, approving FAT Petition 2012-10-08-07 submitted by Dorchen/Martin Associates, Inc., on behalf of Planning McDonald’s Corporation, in connection with a proposal to remodel the exterior of the Insp existing restaurant located at 15399 Middlebelt Road, subject to conditions. Eng #512-12 Resolution by Laura and Pastor, approving the proposed 2013 City MAD FAT Council Meeting Schedule for Council Study and Regular Meetings (same night meetings – Regular Meetings will start at 7:00 P.M. and Study Meetings will start at 8:00 P.M. or immediately following the Regular Meeting) for the period January 1, 2013 through December 31, 2013, subject to change with notice. A roll call vote was taken on the foregoing Resolution: AYES: Laura, Pastor, Robinson, Brosnan, and Toy. NAYS: Kritzman and McCann. MAD #513-12 Resolution by Pastor and Laura, unanimously adopted, accepting a cash FAT donation in the amount of $500.00 from Mr. & Mrs. William Gravel, 19439 Whitby, Fire Livonia, Michigan 48152 for the purposes as designated by the donor. MAD #514-12 Resolution by Pastor and Laura, unanimously adopted, accepting a Grant FAT Assessr of Easement from Leo Soave Building, Inc., in connection with a new sanitary sewer at Eng Churchill Place Condominiums located in the SW ¼ of Section 32. MAD #515-12 Resolution by Pastor and McCann, unanimously adopted, suspending the FAT rules for procedure as outlined in CR 574-82 in order to permit consideration of items that do not appear on the agenda. MAD #516-12 Resolution by Pastor and Laura, directing that a Closed Committee of the FAT Whole meeting be held to discuss litigation matters and attorney/client privileged communications in connection with pending litigation, Judith Setser, as Guardian of Dale Setser v City of Livonia. A roll call vote was taken on the foregoing Resolution: AYES: Laura, Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy. NAYS: None. #517-12 Resolution by McCann and Laura, unanimously adopted, approving the MAD th appointment of Barbara Joyce Scherr as Magistrate of the 16 District Court effective FAT 16thDstCt January 1, 2013; FURTHER, approving a per annum compensation of $62,000.00 per CivSvc year for the magistrate with the same benefits as extended to other full-time employees with the exception being that she shall receive fifteen (15) vacation days and no health insurance. AUDIENCE COMMUNICATION: None. th SYNOPSIS OF THE MINUTES OF THE 1,719 REGULAR MEETING 9 LIVONIA CITY COUNCIL – December 19, 2012 Vice-Present Pastor reminded everyone about the Toys for Tots program and he wished everyone a Merry Christmas and a Happy New Year. McCann mentioned this year marked his 25 years of combined service working on the Planning Commission and City Council; he said he is very proud to serve Livonia. The City Council wished everyone a Merry Christmas. th By Pastor and Robinson, unanimously adopted, adjourning this 1,719 Regular Meeting of the Council of the City of Livonia at 9:23 p.m. on December 19, 2012. TERRY A. MARECKI CITY CLERK *The foregoing is a summary of the Council’s proceedings in synopsis form as authorized by CR 1158-68. The full text of the official minutes of this meeting is on file in the Office of the City Clerk and is available to the public upon request.