HomeMy WebLinkAboutCOUNCIL MINUTES 2012-12-05 38501
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND EIGHTEENTH
REGULAR MEETING OF DECEMBER 5, 2012
On December 5, 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 McCann led the meeting with the Pledge of Allegiance
Roll was called with the following result: James McCann, John Pastor,
Maureen Miller Brosnan, Brandon Kritzman, and Laura Toy Absent: Joe Laura and
Thomas Robinson
Elected and appointed officials present: Mark Taormina, City Planner;
Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Don Knapp, City
Attorney; David Varga, Director of Administrative Services, and Terry Marecki, City
Clerk.
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#469-12 RESOLVED, that the Minutes of the 1,717th Regular
Meeting of the Council held November 21, 2012, are hereby approved
as submitted
Vice President Pastor reminded residents of the annual Toys for Tots
drive hosted to collect toys for needy families in Livonia and surrounding communities
Pastor indicated donations can be dropped off at his business located at 34018
Beacon and that applications from families in need can be taken there as well Pastor
stated approximately 700 families benefited from this worthy cause last year and
encouraged all those interested to participate Pastor also thanked everyone for the
well wishes to his son, Ryan, and his new bride, Ashley, who were married last
Saturday, December 1st Pastor concluded by wishing his wife, Linda, a Happy
Birthday and indicated she will celebrate her birthday on Friday, December 7th
McCann wished his wife, Linda, a Happy Birthday and indicated she will
celebrate her birthday on Sunday, December 9th McCann also extended Happy
Birthday wishes to his nephew, Christopher Nichen, who he indicated turned 30 years
old and is a Michigan filmmaker who received an award for his work on the film
"Mary's Buttons"
Regular Meeting Minutes of December 5, 2012 38502
Kritzman thanked everyone for all their support and well wishes for his
5th daughter who was born on Monday, November 26th at 2 56 p m Kritzman stated
his daughter was named Alexandra Cosette and stated both his wife and daughter are
doing fine
Brosnan thanked Mayor Kirksey and his staff for hosting the "Livonia
Cares" event at City Hall last month Brosnan stated it was an extremely beneficial
and well run meeting to assess the community needs and was attended by 23
members who included local church officials and elected officials who maintain
information for residents on where to obtain needed services within the community
President Toy announced a public hearing to be held on Monday,
January 7, 2013, at 7-00 p m in the Auditorium of City Hall, 33000 Civic Center Drive,
Livonia, Michigan
Proposed Amended Boundaries to the Plymouth Road Development
Authority to consider the adoption of an Ordinance amending the
boundaries of the Plymouth Road Development Authority of the City of
Livonia pursuant to Act 197 of the Public Acts of Michigan of 1975, as
amended, with the intention being to remove purely residential properties
from the Authority District.
There was no Audience Communication at the beginning of the meeting
On a motion by Brosnan, seconded by Pastor, it was
#470-12 RESOLVED, that having considered a request from Bryan
Garchar, 36549 Ann Arbor Trail, Livonia, Michigan, the Council does
hereby refer the matter of a possible sidewalk extension on the south
side of Ann Arbor Trail from Dowling Street to Rosedale Elementary
School for safety reasons to the Administration for its report and
recommendation
#471-12 RESOLVED, that having considered a communication from
the City Clerk, dated November 9, 2012, forwarding an application
submitted by Charnika Holmes, 1214 Stacy Drive, Building #54, Canton,
Michigan 48188, 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
#472-12 RESOLVED, that having considered a communication from
the City Clerk, dated November 9, 2012, forwarding an application
submitted by Jeffrey Ramseyer, 33331 Oregon, Livonia, Michigan
48150, 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,
Regular Meeting Minutes of December 5, 2012 38503
and the City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
#473-12 RESOLVED, that having considered a communication from
the City Clerk, dated November 14, 2012, forwarding an application
submitted by Amy Jackey, 19936 Poinciana, Redford, Michigan 48240,
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
#474-12 RESOLVED, that having considered a communication from
the City Clerk, dated November 14, 2012, forwarding an application
submitted by Barbara lovan, 14956 Auburndale, Livonia, Michigan
48154, 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
#475-12 RESOLVED, that having considered a communication from
the City Clerk, dated November 14, 2012, forwarding an application
submitted by Amy Des Jardins, 624 Reed Court, Northville, Michigan
48167, 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
#476-12 RESOLVED, that having considered a communication from
the Superintendent of Public Service - Environment & Utilities, dated
November 19, 2012, which bears the signature of the Director of Public
Works and the Finance Director and is approved for submission by the
Mayor, the Council does hereby accept the quote of Jack Doheny
Companies, 777 Doheny Court, Northville, Michigan 48167, for
supplying the Public Service Division (Water and Sewer Section) with
one (1) 2013 Vactor Model 2115 Combination Sewer Vacuum and High
Pressure Rodder with parts and related services for a total price of
$398,512 00 from funds already budgeted in the Water and Sewer
Capital Outlay Fund (Account No 592-559-142-000), FURTHER, the
Council does hereby authorize the purchase of said items without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with Section
3 04 140 D 4 of the Livonia Code of Ordinances, as amended, and the
purchase is made through the National Intergovernmental Purchasing
Alliance (National IPA), FURTHER, the Council does hereby authorize
the City's surplus 2004 Vactor to be advertised on MITN and to be sold
Regular Meeting Minutes of December 5, 2012 38504
to a bidder through MITN or to Jack Doheny Companies, whichever
offers the highest bid
#477-12 WHEREAS, the City of Livonia (the "City"), by Ordinance
No 2165 adopted April 7, 1993, has established the Plymouth Road
Development Authority (the "Authority") as authorized by the provisions
of Act 197, Public Acts of Michigan, 1975, as amended ("Act 197"), and
WHEREAS, Ordinance No 2165 was amended to revise and extend the
boundaries of the Authority district by Ordinance No 2187, adopted July
7, 1993, and
WHEREAS, the City Council again desires to amend, with the intention
this time being to remove purely residential properties from the Authority
district, the boundaries of the Authority district and has caused a
proposed Ordinance designating said amended boundaries to be
prepared and presented to the City Council, and
WHEREAS, Act 197 provides that an amendment to the Authority district
shall be accomplished by the same proceedings as are required to
establish the Authority; and
WHEREAS, it is necessary to conduct a public hearing in connection
with the consideration of such proposed ordinance as required by Act
197
NOW, THEREFORE, BE IT RESOLVED THAT
1 The City Council determines that it is necessary for the best
interests of the public to amend the boundaries of the Authority
district pursuant to Act 197 to eliminate purely residential
properties from the Authority district in order to better achieve the
objectives of halting property value deterioration and increasing
property tax valuation where possible in the Authority district as
amended, to eliminate the causes of such deterioration, and to
promote economic growth, and the City Council hereby declares
its intention to amend the boundaries of the Authority District
pursuant to Act 197
2 The territory to be deleted from the Authority district is hereby
tentatively designated to be as set forth on Exhibit A hereto
3 There shall be a public hearing on the 7th day of January, 2013, at
7 00 o'clock p m , Eastern Standard Time, in the Council
Auditorium in the City Hall to consider adoption by the City
Council of an Ordinance amending the Authority district as set
forth herein and setting out certain procedures in connection
herewith
Regular Meeting Minutes of December 5, 2012 38505
4 The City Clerk shall cause notice of said public hearing to be
published in the Livonia Observer, a newspaper of general
circulation in the City, twice before the public hearing The notice
shall be published not less than 20 and not more than 40 days
before the date set for the public hearing The notice shall be
published as a display advertisement prominent in size The
Clerk shall also cause the notice to be mailed by first class mail
not less than 20 days prior to the hearing to all property taxpayers
of record in the territory proposed to be deleted from the Authority
district as shown by the most recent tax roll of the City The Clerk
also shall post, or cause the posting of, the notice in at least 20
conspicuous and public places in the territory proposed to be
deleted from the Authority district not less than 20 days before the
hearing Such notice may be posted in the public right-of-way
notwithstanding any provision of law to the contrary, and the
Inspection Department is authorized to allow such posting The
Clerk shall also cause the notice to be mailed by certified mail not
less than 20 days before the hearing to the governing body of
each taxing jurisdiction whose taxes would no longer be subject to
capture in the territory proposed to be deleted from the Authority
district.
5 The notice of the hearing shall be in substantially the following
form
NOTICE OF PUBLIC HEARING
Monday, January 7, 2013 beginning at 7 00 p m
CITY OF LIVONIA
COUNTY OF WAYNE, MICHIGAN
ON AMENDING THE BOUNDARIES OF THE
PLYMOUTH ROAD DEVELOPMENT AUTHORITY
IN ORDER TO REMOVE RESIDENTIAL PROPERTIES
FROM THE DISTRICT
TO ALL INTERESTED PERSONS IN THE
CITY OF LIVONIA.
PLEASE TAKE NOTICE that the City Council of the
City of Livonia, Michigan, will hold a public hearing on
Monday, January 7, 2013, at 7 00 p m , in the Council
Auditorium, Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan, to consider the adoption of an ordinance
amending the boundaries of the Plymouth Road
Development Authority of the City of Livonia pursuant to Act
197 of the Public Acts of Michigan of 1975, as amended, with
Regular Meeting Minutes of December 5, 2012 38506
the intention being to remove purely residential properties
from the Authority district.
PROPOSED AMENDED BOUNDARIES
The boundaries of the Authority as proposed to be amended, and within which
the Authority shall exercise its powers are as follows (Note See back of notice for
a complete list of properties to be removed from the district.)
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At the public hearing, all citizens, taxpayers, and property owners of the City of
Livonia desiring to address the City Council shall be afforded an opportunity to be
heard in regard to the proposed amended boundaries of the Authority
FURTHER INFORMATION may be obtained from the City Planning Department.
This notice is given by order of the Livonia City Council TERRY MARECKI, Clerk
City of Livonia
In accordance with Title II of the American with Disabilities Act as it pertains to access to
Public Meetings, the Planning Department of the City of Livonia, upon adequate notice,will
make reasonable accommodations for persons with special needs. Please call 734-466-
2290 if you need assistance.
NOTICE OF PUBLIC HEARING
CITY OF LIVONIA
COUNTY OF WAYNE,MICHIGAN
ON AMENDING THE BOUNDARIES
L OF THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY
Properties to be removed from the Plymouth Road Development
Authority District
Regular Meeting Minutes of December 5, 2012 38507
TAX I D ADDRESS CITY STATE ZIP
099990024000 11600 HALLER LIVONIA MI 48150
099990040000 28910 PLYMOUTH LIVONIA MI 48150
099990041000 28910 PLYMOUTH LIVONIA MI 48150
099990048000 28722 PLYMOUTH LIVONIA MI 48150
103990016000 11700 MERRIMAN LIVONIA MI 48150
103990017000 11680 MERRIMAN LIVONIA MI 48150
107990026000 32590 PLYMOUTH LIVONIA MI 48150
108990029000 11735 MERRIMAN LIVONIA MI 48150
108990031000 11885 MERRIMAN LIVONIA MI 48150
108990034000 11975 MERRIMAN LIVONIA MI 48150
112990028000 33720 PLYMOUTH LIVONIA MI 48150
120010001000 38105 PLYMOUTH LIVONIA MI 48150
125070001000 35862 ELMIRA LIVONIA MI 48150
L 125070002000 35850 ELMIRA LIVONIA MI 48150
125070003000 35838 ELMIRA LIVONIA MI 48150
125070004000 35824 ELMIRA LIVONIA MI 48150
125070005000 35810 ELMIRA LIVONIA MI 48150
130010076001 11263 STARK LIVONIA MI 48150
130010076002 11295 STARK LIVONIA MI 48150
130010076003 11315 STARK LIVONIA MI 48150
138990023000 11422 HUBBELL LIVONIA MI 48150
138990024000 11420 HUBBELL LIVONIA MI 48150
10704CONDOS FOUNTAIN PARK CONDOS LIVONIA MI 48150
A roll call vote was taken on the foregoing resolutions with the following result:
AYES McCann, Pastor, Brosnan, Kritzman, and Toy
NAYS None
Regular Meeting Minutes of December 5, 2012 38508
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE ADDING SECTION 105 TO TITLE 15, CHAPTER 16
(FIRE PREVENTION CODE) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McCann, Pastor, Brosnan, Kritzman, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDMENT ADDING SECTION 155 OF TITLE 15,
CHAPTER 36 (PROPERTY MAINTENANCE CODE) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McCann, Pastor, Brosnan, Kritzman, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Kritzman took from the table, for second reading and adoption, the
following Ordinance
PROPOSED AMENDMENTS TO SECTIONS 030 THROUGH 110 OF
TITLE 5, CHAPTER 30 (ENTERTAINMENTS AND AMUSEMENTS) OF
THE CITY OF LIVONIA CODE OF ORDINANCES
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McCann, Pastor, Brosnan, Kritzman, and Toy
Regular Meeting Minutes of December 5, 2012 38509
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Brosnan, seconded by McCann, and unanimously
adopted, it was
#478-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 14, 2012, which sets
forth its resolution 09-75-2012, adopted on September 11, 2012, with
regard to Petition 2012-03-06-06, submitted by the City Planning
Commission, pursuant to Section 23 01(b) of Ordinance No 543, the
Zoning Ordinance of the City of Livonia, as amended, to determine
whether to amend Section 9 02 and 9 03 of Article IX, OS (Office
Services) District Regulations of the Livonia Zoning Ordinance No 543,
as amended, in order to modify the types of permitted and waiver uses
including, but not limited to, real estate and insurance offices, offices of
fraternal or religious organizations, and offices of clubs and lodges, and
the Council having conducted a public hearing with regard to this matter
on Monday, November 26, 2012, the Council does hereby approve
Petition 2012-03-06-06 for preparation of the Ordinance for submission
to Council, and the Department of Law is requested to prepare an
Ordinance amending Ordinance No 543, as amended, in accordance
with this resolution
On a motion by Brosnan, seconded by McCann, and unanimously
adopted, it was
#479-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 14, 2012, which sets
forth its resolution 09-76-2012, adopted on September 11, 2012, with
regard to Petition 2012-03-06-07, submitted by the City Planning
Commission, pursuant to Section 23 01(b) of Ordinance No 543, the
Zoning Ordinance of the City of Livonia, as amended, to determine
whether to amend Sections 10 02 and 10 03 of Article X, C-1 (Local
Business) District Regulations of the Livonia Zoning Ordinance No 543,
as amended, in order to clarify and make certain changes to the types of
permitted and waiver uses including, but not limited to, various retail
stores, personal service establishments, office businesses, veterinary
clinics, SDD licensed establishments, and restaurants, and the Council
having conducted a public hearing with regard to this matter on Monday,
November 26, 2012, the Council does hereby approve Petition 2012-03-
06-07 for preparation of the Ordinance for submission to Council; and
Regular Meeting Minutes of December 5, 2012 38510
the Department of Law is requested to prepare an Ordinance amending
Ordinance No 543, as amended, in accordance with this resolution
On a motion by McCann, seconded by Kritzman, and unanimously
adopted, it was
#480-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 14, 2012, which sets
forth its resolution 09-77-2012 adopted on September 11, 2012, with
regard to Petition 2012-03-06-08 submitted by the City Planning
Commission, pursuant to Section 23 01(b) of Ordinance No 543, the
Zoning Ordinance of the City of Livonia, as amended, to determine
whether to amend Sections 11 02 and 11 03 of Article XI, C-2 (General
Business) District Regulations of the Livonia Zoning Ordinance No 543,
as amended, in order to make changes to certain types of permitted and
waiver uses including, but not limited to, various retail sales and retail
service establishments, wholesale business uses, gasoline service
stations, animal care facilities, restaurants, auto-wash establishments,
establishments serving alcohol, dance halls, pawn shops and open-air
businesses, and the Council having conducted a public hearing with
regard to this matter on Monday, November 26, 2012, the Council does
hereby approve Petition 2012-03-06-08 for preparation of the Ordinance
for submission to Council, and the Department of Law is requested to
prepare an Ordinance amending Ordinance No 543, as amended, in
accordance with this resolution
During Audience Communication, Curtis Lipinski, 36555 Ann Arbor Trail,
addressed Council to express his concern for sidewalk extension at the south side of
Ann Arbor Trail from Dowling Street to Rosedale Elementary for safety reasons Mr
Lipinski explained he is concerned on how the installation of a sidewalk would affect
the value of his home and stated he would prefer to see the extension of the sidewalk
go all the way through to Newburgh Road if it was indeed a safety concern
Tony Parrelly, 36543 Ann Arbor Trail, addressed Council to express he
too resides in the area in question where a sidewalk extension has been requested of
Council and indicated he has extensive landscape work done in the approximate area
of where a sidewalk could be installed Mr Parrelly stated he was concerned about
the cost of the installation of the sidewalk and how it would negatively impact the
landscaping on his property
Todd Zilincik, City Engineer, informed Council he was hopeful to have
the Engineering Division's final report and recommendation to the Administration by
the end of the week regarding the proposed sidewalk extension at the south side of
Ann Arbor Trail from Dowling Street to Rosedale Elementary
Regular Meeting Minutes of December 5, 2012 38511
President Toy announced she would not be present at next week's
Study Meeting on Monday, December 10th and indicated Vice President Pastor would
chair that Study meeting in her absence
Vice President Pastor wished his cousin, Amy, a Happy Birthday and
indicated she would celebrate her birthday tomorrow, December 6th
On a motion by Pastor, seconded by McCann, and unanimously
adopted, this 1,718th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 21 p m
Terry . arecki, City Clerk