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HomeMy WebLinkAboutCOUNCIL MINUTES 2012-06-06 38308 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND SIXTH REGULAR MEETING OF JUNE 6, 2012 On June 6, 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 Vice President Pastor led the meeting with the Pledge of Allegiance Roll was called with the following result: John Pastor, Thomas Robinson, Brandon Kritzman, Joe Laura, and Laura Toy Absent: Maureen Miller Brosnan and James McCann Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Barbara Scherr, Assistant City Attorney; Terry Marecki, City Clerk; and Mayor Jack Kirksey On a motion by Pastor, seconded by Robinson, and unanimously adopted, it was #223-12 RESOLVED, that the Minutes of the 1705th Regular Meeting of the Council held May 23, 2012, are hereby approved as submitted Robinson extended congratulation wishes to the Seedlings Braille Book organization for being awarded $10,000 from Art Van Furniture in their recent on-line charity challenge event. Robinson thanked all those who voted for Seedlings and Art Van Furniture and all others responsible for helping out such a great organization President Toy announced the 62'd Annual Livonia Spree is set to take place on Tuesday, June 19th through Sunday, June 24th and encouraged all residents to attend this festive event. Robinson announced the various Spree events scheduled for June 19th through June 24th and stated the Spree will conclude with an amazing firework display scheduled to take place Sunday, June 24th Robinson indicated the Spree is a huge success due to the large number of volunteers who help with the event and their dedicated efforts to make it run smoothly for all Regular Meeting Minutes of June 6, 2012 38309 Kritzman announced the Livonia Chamber of Commerce will host a luncheon on Thursday, June 14th, starting at 11 30 am at Burton Manor and the featured keynote speaker will be Detroit Mayor Dave Bing Kritzman stated Mayor Bing will be able to share his vision for the City of Detroit and how it will affect surrounding communities Kritzman indicated registration for the event will close on Friday, June 8th, and those interested in attending the Chamber's luncheon can call (734) 427-2122 to register Robinson announced Spree armbands are available at a reduced price, pre-sale, and residents can order them by going to the Spree website at www.livoniaspree.com or by visiting the Spree on Facebook. Mayor Kirksey addressed Council to provide an update on the K2 drug crisis which has impacted many local communities and has been seen in the local headlines Mayor Kirksey indicated a federal law banning the sale and use of synthetic drugs is in the process of being developed, however, many local municipalities have adopted measures to implement the ban as soon as possible Mayor Kirksey indicated that Wayne, Macomb and Oakland counties have adopted measures which ban the sale, distribution, and use of synthetic drugs Mayor Kirksey expressed Wayne and Macomb County have used their Health Departments to formulate a law which states synthetic drugs pose a serious health risk to residents and makes the sale and use of same in violation of the Health Department. Mayor Kirksey announced Livonia will follow the Oakland County model which encouraged local businesses to remove the items from their shelves and stop selling the products and those which do so are presented with a certificate announcing they have stopped selling the items Mayor Kirksey concluded by indicating the Save Our Youth Task Force has scheduled a synthetic drug forum to take place on Tuesday, June 12, 2012, from 6 00 p m to 8 00 p m in the Livonia City Hall Auditorium and encouraged residents to attend President Toy announced Senator Dave Hilldenbrand has sponsored four legislative bills in conjunction with other legislators such as Senator Rick Jones, which are hoped to soon be adopted by the Michigan Senate and stated those Livonia business owners who want certificates to announce they have stopped selling synthetic drugs should contact Dave Varga, Director of Administrative Services, at (734) 466-2203, or the Livonia Police Department. President Toy thanked Mayor Kirksey and the Administration, together with members of the Save Our Youth organization, for being proactive and dealing with this troublesome matter head on rather than waiting for legislation to be passed at the state and federal levels Robinson thanked Mayor Kirksey and all those involved in bringing this subject matter to the attention of Council and for taking measures to ensure public safety Vice President Pastor thanked Mayor Kirksey, the members of the Save Our Youth Task Force and all the legislators, particularly Representative John Walsh, Regular Meeting Minutes of June 6, 2012 38310 for being instrumental in pushing the bills pushed through the Senate in an expeditious manner President Toy announced the following Public Hearings to be held on Monday, June 25, 2012, at 7 00 p m in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Petition 2012-03-06-09 submitted by the City Planning Commission, pursuant to Council Resolution #89-12 and Section 23 01(a) of Ordinance No 543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 4 02 of Article IV, R-1 through R-5 (Single Family Residential) District Regulations, in order to increase the length of time that recreational equipment is allowed to be stored in the front or side driveways of residential properties, and Jeffrey Shimizu, Officer, KTX America, Inc is requesting approval of an Industrial Facilities Exemption Certificate for new equipment for a facility located at 31651 Schoolcraft Road, Livonia, MI 48150 (Industrial Development Overlay District #109) President Toy announced there will be an X-item addressed at the end of the meeting regarding a request from the Department of Law to schedule a closed Committee of the Whole meeting to discuss pending litigation and attorney/client privileged communications re Awrey Bakeries v City of Livonia (MIT) President Toy indicated the second X-item was removed from the Agenda at the request of the petitioner President Toy announced Council has planned to adopt some minor procedural changes for Council proceedings, one of which will require individuals who approach the podium to address Council as "Councilperson" rather than using first and last names of individual Council members President Toy stated this change will help keep Council proceedings less personal during discussions and create a more formal decorum for meetings, similar to how things are conducted in Lansing There was no Audience Communication at the beginning of the meeting A communication from the Department of Finance, date May 21, 2012, re forwarding various financial statements of the City of Livonia for the month ending April 30, 2012, was received and placed on file for the information of the Council On a motion by Robinson, seconded by Pastor, it was #224-12 RESOLVED, that having considered an application from Patricia Holcomb, 12387 Cavell, dated April 27, 2012, requesting permission to close Cavell between Grantland and Capitol on Regular Meeting Minutes of June 6, 2012 38311 Wednesday, July 4, 2012, from 10.00 a.m to 10 00 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #225-12 RESOLVED, that having considered a letter from Jessica Schulte, Event Production Manager, Event 360, Inc., Susan G Komen 3-Day for the Cure, dated April 16, 2012, which requests permission to waive Sections 8 32 070 (Noise Control) and 12.20 080 (Public Lands) of the Livonia Code of Ordinances, as amended, in connection with their Breast Cancer 3-Day Event/Walk, which will take place in Livonia from August 17 through August 19, 2012, to allow the playing of music and announcements via loudspeakers, as well as the erection and use of tents on public land (Greenmead), the Council does hereby grant and approve this request in the manner and form herein submitted, subject to providing the City with evidence of liability insurance coverage and execution of an appropriate Hold Harmless Agreement. #226-12 RESOLVED, that having considered a communication from the City Clerk, dated May 16, 2012, forwarding an application submitted by Allie T Mallad, MG-Livonia LLC d/b/a Massage Green, for a massage establishment license for property located at 29466 W Seven Mile Road, 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 #227-12 RESOLVED, that having considered a communication from the City Clerk, dated May 16, 2012, forwarding an application submitted by Stefana Rat, 37860 Westwood Cir , Apt. 202, Westland, Michigan 48185, 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 #228-12 RESOLVED, that having considered a communication from the City Clerk, dated May 16, 2012, forwarding an application submitted by Marie Gibson, 15716 Indiana St., Detroit, Michigan 48238-1104, 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 #229-12 RESOLVED, that having considered a communication from the City Clerk, dated May 16, 2012, forwarding an application submitted Regular Meeting Minutes of June 6, 2012 38312 by Rhonda Hall, 22240 Swan Rd , Apt. 937, South Lyon, Michigan 48178, 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 #230-12 RESOLVED, that having considered a communication from the City Clerk, dated May 16, 2012, forwarding an application submitted by Tracy Makela, 28734 Burning Tree, Romulus, Michigan 48174, 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 #231-12 RESOLVED, that having considered a communication from the City Clerk, dated May 16, 2012, forwarding an application submitted by Ashley Stephens, 5013 S Hubbard St., Wayne, Michigan 48184, 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 requested to do all things necessary or incidental to the full performance of this resolution #232-12 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 5, 2009, and a report and recommendation of the Chief of Police, dated May 4, 2012, in connection therewith, the Council does hereby recommend approval of the request from Andiamo of Livonia, LLC to transfer interest in 2010 Class C licensed business with Dance-Entertainment Permit and Outdoor Service (1 area) by adding Girolamo Vitale (11%), Gaetano Vitale (11%), Dan Linnen (9%), Joe Serventi (13%), John Vicari (10%), and Michael Nowinski (9%), through transfer of 63% interest from existing member, Joseph P Vicari; and request to add space for a business located at 38703 Seven Mile, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A communication from the Department of Parks & Recreation, dated May 8, 2012, re Administrative Response to CR 165-12 — re policy to allow ability to suspend or cancel memberships at the Livonia Community Recreation Center — was received and placed on file for the information of the Council Regular Meeting Minutes of June 6, 2012 38313 A communication from the Department of Parks & Recreation, dated May 15, 2012, re Administrative Response to CR 165-12 — re supplemental information regarding suspending or cancelling memberships at the Livonia Community Recreation Center, was received and placed on file for the information of the Council. #233-12 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated May 15, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 4400 05/12, the Council does hereby accept the low overall bid of D'Angelo Brothers, Inc , 25543 Ranchwood, Farmington Hills, Michigan 48335, for performing water main taps and service connections, 3/4" to 2", at various locations throughout the City, at the unit prices bid, for a three (3) year period (with an option to renew for an additional two year period under the same terms and conditions at the City's discretion), FURTHER, the Council does hereby approve the withholding of 10% of each invoice submitted by the contractor as retainage, up to an amount not to exceed $25,000 00 annually; FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 592-559-818-000 (Water Maintenance Section) for this purpose, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #234-12 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Operations and the Director of Public Works, dated May 18, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bids of Apac Paper, 4000 Enterprise Dr , Allen Park, Michigan 48101, Hercules & Hercules, 19055 W Davison, Detroit, Michigan 48223, Empire Equipment, 18639 Omira, Detroit, Michigan 48203, and Sun Valley Foods Co , 14401 Dexter Ave , Detroit, Michigan 48238, for supplying the Public Service Division (Building Maintenance Section) with custodial supplies for the period July 1, 2012, through November 30, 2012, the same having been in fact the lowest bids received and meet all specifications, and an amount not to exceed $33,000 00 is hereby authorized to be expended from funds already budgeted in Account No 101-447-777-000 for this purpose #235-12 RESOLVED, that having considered a communication from the City Planning Commission, dated May 14, 2012, which transmits its Regular Meeting Minutes of June 6, 2012 38314 resolution 05-42-2012, adopted on May 8, 2012, with regard to Petition 2012-04-02-08, submitted by Panos II Foods, Inc , requesting waiver use approval to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with an existing full service restaurant (Red Olive) within the Fountain Park Plaza retail center, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue (33326 Plymouth Road), in the Southwest 1/4 of Section 27, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2012-04-02-08 is hereby approved and granted, subject to the following conditions 1 That the use of a Class C license at this location shall be permitted only under the circumstances that the Zoning Ordinance standard set forth in Section 11 03(h)(1) requiring that there be at least a 1,000 foot separation between Class C licensed establishments is waived by the City Council, 2 That no alcoholic beverages shall be served after 10 00 p m , 3 That the petitioner shall not engage in any form of solicitation for business within the public right-of-way of Plymouth Road, 4 That the petitioner shall enter into a conditional agreement limiting this waiver use to this user only, with the provision to extend this waiver use to a new user only upon the approval of the new user by the City Council, and 5 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 FURTHER, the Council does hereby waive the Zoning Ordinance standard set forth in Section 11 03(h)(1) requiring that there be at least a 1,000 foot separation between Class C licensed establishments A communication from the Department of Law, dated May 10, 2012, re Tenth Annual Report of The Board of Ethics, dated May 10, 2012, was received and placed on file for the information of the Council #236-12 RESOLVED, that with respect to Council Resolution 83-09, regarding the subject matter of whether department heads are subject to annual disclosure requirements of the Ethics Ordinance, the Council does hereby determine to take no further action with regard to this matter Regular Meeting Minutes of June 6, 2012 38315 #237-12 RESOLVED, that having considered a communication from the Department of Law, dated May 15, 2012, which bears the signature of the Chief of Police and is approved for submission by the Mayor, to which is attached an Intergovernmental Agreement between the City of Livonia and the City of Westland, to provide reserve officers for assistance with traffic control at the City of Westland's Fourth of July Festival, the Council does hereby approve the proposed Intergovernmental Agreement between the City of Livonia and the City of Westland, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the Intergovernmental Agreement in the manner and form herein submitted #238-12 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Matthew Henzi, 14314 Barbara, Livonia, Michigan 48154, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2015, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 A roll call vote was taken on the foregoing resolutions with the following result: AYES Pastor, Robinson, Kritzman, Laura, and Toy NAYS None A handout titled "Livonia Public Schools Shared Vision" received at the Economic Development, Community Outreach and Strategic Planning Committee meeting of May 22, 2012, was received and placed on file for the information of the Council (CR 35-12) Laura provided a verbal update on the subject matter of the Livonia Public Schools Visioning Process and indicated the matter would remain in the Economic Development, Community Outreach and Strategic Planning Committee at this time (CR 35-12) On a motion by Pastor, seconded by Kritzman, and unanimously adopted, it was #239-12 WHEREAS, the City of Livonia meets the definition of an "Eligible Local Assessing District" under PA 328 of 1998, Section 7(g), by virtue of containing an eligible distressed area as defined by Section 7(f)(i), in accordance with PA 346 of 1966, Section 11, and Regular Meeting Minutes of June 6, 2012 38316 WHEREAS, the City Council of the City of Livonia established Industrial Development Overlay District #111 on February 13, 2008, as required under PA 328 of 1998 after a public hearing held on January 28, 2008, and WHEREAS, the applicant Odyssey Electronics, Inc meets the definition of an "Eligible Business" as defined by PA 328 of 1998 and is engaged primarily in contract manufacturing at the location of 12886 Fairlane, Livonia, Michigan 48150, and WHEREAS, the new personal property was not placed in the facility within the qualified district prior to approval of the exemption by the City Council of the City of Livonia, and WHEREAS, the taxable value of the property proposed to be exempt under PA 328 of 1989 considered together with the aggregate total taxable value of property previously exempt and currently in force under PA 328 of 1998, shall not have the effect of substantially impeding the operation of the City of Livonia or impair the financial soundness of an affected taxing unit; WHEREAS, the applicant Odyssey Electronics, Inc. is not delinquent on any taxes related to the facility, including taxes owed on existing personal property; and WHEREAS, the exemption of new personal property for Odyssey Electronics, Inc shall have the effect of increased employment for the City of Livonia NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livonia, that the applicant Odyssey Electronics, Inc. be and hereby is granted a new personal property exemption for personal property, placed in the facility after this resolution, located in Industrial Development Overlay District #111 at 12886 Fairlane, Livonia, Michigan for a period of 7 years, beginning December 31, 2012, and ending December 30, 2019, pursuant to the provisions of PA 328 of 1998, as amended A communication from the Department of Law, dated May 31, 2012, re proposed Ordinance amendment as requested by Kordoba, L.L.C./Masri Orthodontics to rezone a portion of the property located on the east side of Levan Road between Lyndon Avenue and Five Mile Road (15230 Levan Road), was received and placed on file for the information of the Council (Petition 2012-03-01-02) Kntzman gave first reading to the following Ordinance Regular Meeting Minutes of June 6, 2012 38317 AN ORDINANCE AMENDING SECTION 20 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 2012-03-01-02) 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 Pastor, seconded by Robinson, it was #240-12 RESOLVED, that having considered a communication from the Department of Law, dated May 22, 2012, 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, Wells Fargo Bank, N.A. v City of Livonia (MU) A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Robinson, Kritzman, Laura, and Toy NAYS None The President declared the resolution adopted President Toy introduced Emerson Middle School student, Tyler Hart, member of Boy Scout Troup #732, who was present at the meeting working on obtaining his Citizenship and Community Merit badge and thanked him for attending the Council meeting On a motion by Pastor, seconded by Laura, it was #241-12 RESOLVED, that having considered a communication from the Department of Law, dated May 22, 2012, 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, Meier, Inc v City of Livonia (MU) A roll call vote was taken on the foregoing resolution with the following result: Regular Meeting Minutes of June 6, 2012 38318 AYES Pastor, Robinson, Kritzman, Laura, and Toy NAYS None The President declared the resolution adopted On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #242-12 RESOLVED, that having considered a communication from the Department of Law, dated May 24, 2012, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Kleinfeldt Properties, LLC, in connection with the development of a new water main for the property located at 33400 Six Mile Road in the Southeast 1/4 of Section 9, more particularly described as (New 12-foot Wide Water Main Easement) Part of the Southeast '/4 of Section 9, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as the South 12 feet of the following described parcel the South 360 feet of the East 360 feet of the Southeast '/4 of said Section 9, except the South 185 feet of the East 185 feet, also except the East 60 feet as deeded for Farmington Road and the South 60 feet deeded for Six Mile Road 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 On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #243-12 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda On a motion by Pastor, seconded by Laura, it was #244-12 RESOLVED, that having considered a communication from the Department of Law, dated June 1, 2012, 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 Regular Meeting Minutes of June 6, 2012 38319 privileged communications in connection with pending litigation, Awrey Bakeries v City of Livonia (MU) A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Robinson, Kritzman, Laura, and Toy NAYS None The President declared the resolution adopted There was no Audience Communication at the end of the meeting Robinson wished his sister, Janet Roberts, a Happy Birthday and indicated she will celebrate her birthday on June 7th Laura recognized the 68th anniversary of "D-Day" and expressed gratitude to all the World War II veterans for their service and for changing the course of history during that historical battle On a motion by Robinson, seconded by Pastor, and unanimously adopted, this 1,706th Regular Meeting of the Council of the City of Livonia was adjourned at 8 40 p m 6011-1t-t-Ce-k Terry Marecki, City Clerk