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HomeMy WebLinkAboutCOUNCIL MINUTES 2011-11-02 38056 MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETY SECOND REGULAR MEETING OF NOVEMBER 2, 2011 On November 2, 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 Toy led the meeting with an invocation. Roll was called with the following result: Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, and James McCann Absent: None Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City Attorney; Kevin Roney, Assistant City Engineer; Terry Marecki, City Clerk; and Mayor Jack Kirksey On a motion by Toy, seconded by Pastor, and unanimously adopted, it was #348-11 RESOLVED, that the Minutes of the 1,691st Regular Meeting of the Council held October 19, 2011, are hereby approved as submitted Mayor Kirksey was pleased to announce that Livonia has become somewhat of an educational hub and congratulated Madonna University on its recent 75th anniversary celebration Mayor Kirksey also indicated that Schoolcraft College celebrated its 50th anniversary as well Mayor Kirksey announced on Wednesday, November 9th, the FCC in conjunction with FEMA will conduct the first nationwide testing of the Emergency Alert System (EAS) which is expected to last three minutes in duration via television and radio stations and will interrupt scheduled programs to test the feasibility and reliability of the system on a nationwide basis Mayor Kirksey indicated the test will be conducted at 2 00 p m on November 9th Meakin announced the Livonia Community Foundation will host a fundraising event at One Under Bar & Grill on Five Mile Road on Thursday, November 3rd from 7 00 p m to 900 p m Guests will be able to taste test various types of beer and wine made in Michigan and Meakin indicated tickets for the event will be $35 00 per person and will be made available at the door Regular Meeting Minutes of November 2, 2011 38057 At the direction of the Chair, Agenda Item 18 re proposed Amendment to Zoning Ordinance No 543 as submitted by SREP Haggerty Road, L.L.0 was removed from the Agenda. (Petition 2011-08-01-05) During Audience Communication, Christopher Martin, 12275 Inkster Road, Livonia, addressed Council to express concern that the Council started its last Regular meeting late and indicated he felt all discussions should take place in a public forum in the Auditorium under the Open Meetings Act. On a motion by Brosnan, seconded by Schwartz, it was #349-11 RESOLVED, that having considered a communication from the City Clerk, dated October 11, 2011, forwarding an application submitted by Victoria Shaw, 5947 Buck, Taylor, Michigan 48180, 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 #350-11 RESOLVED, that having considered a letter from Anne Doulette, Vice President of Leah's Happy Hearts, dated October 7, 2011, the Council does hereby take this means to indicate that Leah's Happy Hearts is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording Leah's Happy Hearts an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute #351-11 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 23, 2011, and a report and recommendation of the Acting Chief of Police, dated October 10, 2011, in connection therewith, the Council does hereby recommend approval of the request from Fine Wine Distributors, Inc , to transfer stock in the 2010 Wholesaler & Outstate Seller of Wine Licenses by adding new stockholder Michael Francisco through transfer of 538 46 shares from existing stockholder John Czarnecki for a business located at 30962 Industrial, Livonia, MI 48150, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #352-11 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 8, 2010, and the report and recommendation of the Acting Chief of Police, dated October 10, 2011, approved for submission by the Mayor, the Council does hereby approve of the request from American Blue Ribbon Holdings, LLC (a Delaware Limited Liability Company) to transfer ownership of a 2010 Class C licensed business with Official Permit (Food) from Max & Regular Meeting Minutes of November 2, 2011 38058 Erma's Restaurants, Inc (a Delaware corporation) for a business located at 37714 W Six Mile, Laurel Park Plaza, Livonia, MI 48152, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #353-11 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc , dated October 12, 2011, requesting approval of the following items 1 The issuance of a permit to Wade Shows to conduct carnival amusement rides at Ford Field and Veterans' Park, as part of this year's SPREE-62 Celebration, on June 19, 20 and 21, 2012, from 2 00 p m to midnight and on June 22, 23 and 24, 2012, from 12 00 noon to midnight, subject to the City of Livonia, Livonia Public Schools, the Livonia Hockey Association and the Livonia Anniversary Committee, Inc , being identified as additional insured on Wade Shows' general liability insurance policy; 2 Authorization of the Anniversary Committee to conduct a fireworks display at Veterans' Park to be held on Sunday, June 24, 2012, at approximately 10 15 p m , which display will be controlled by American Fireworks, Inc , subject to providing liability insurance for this event and subject to the City of Livonia, Livonia Public Schools, the Livonia Hockey Association and the Livonia Anniversary Committee, Inc , being designated as additional insured on its policy; 3 Authorization of the Livonia Anniversary Committee to use and/or lease the facilities at Ford Field, Eddie Edgar Arena (subject to the terms of the existing lease between the Livonia Hockey Association and the City of Livonia) and Veterans' Park during the period of the SPREE-62 Celebration in accordance with the fees/waivers grid for events co-sponsored by the City of Livonia, and 4 A waiver of all fees prescribed by ordinance or law with respect to Items 2 and 3 above, as well as a waiver of all vendors' license fees for community organizations and/or groups authorized to participate in SPREE-62 by the Anniversary Committee, the Council does hereby concur in and approve the foregoing requests, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution #354-11 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc , dated October 12, 2011, wherein it is requested that the following City streets be closed to Regular Meeting Minutes of November 2, 2011 38059 through traffic from 8 00 a m on June 18, 2012, through 12 00 noon on June 25, 2012 (Monday to Monday) Stark Road from the Family Y, 14255 Stark, to Lyndon Lyndon from Farmington Road to Stark Road the Council does hereby concur in and grant this request in the manner and form herein submitted, FURTHER, the Council does hereby request that Farmington Road be closed from the 1-96 overpass to Five Mile Road on Sunday, June 24, 2012, between the hours of 8 30 p m and 11 30 p m or until the road is returned to normal traffic operation in connection with the annual SPREE fireworks display, and does hereby authorize the City of Livonia to assume liability for any damage claims which may arise as a result of the road closure, and that Sgt. John Gibbs is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia, the action taken herein being made subject to the approval of the Police Department, Fire Department and Wayne County; and to the extent possible, SPREE is requested, in conjunction with the Police Department, to do all things necessary to alleviate traffic problems for the residents of Stoneleigh Village Subdivision during the 2012 Anniversary Celebration, including signs on the barricades indicating "local business and residents only " #355-11 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc , dated October 12, 2011, the Council does hereby approve of the request from the Livonia Anniversary Committee, Inc , for permission to display banners advertising SPREE-62 on Farmington Road and Five Mile Road from May 24, 2012, through June 27, 2012, and to display 4' X 8' signs at City Hall and Ford Field from May 24, 2012, through June 27, 2012, at no additional cost to SPREE, FURTHER, the Council does hereby permit the Livonia Anniversary Committee, Inc to acknowledge supporters with banners and signage not to exceed 3' x 5' in size on Ford Field and the ball diamonds only from June 18, 2012, to June 27, 2012, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution #356-11 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated September 29, 2011, which bears the signatures of the City Attorney and the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) marked 2011 Dodge Charger police vehicle (to replace a 2008 Crown Victoria that was totaled in a crash) from Snethkamp Lansing Dodge, 6131 S Pennsylvania Avenue, Lansing, Michigan 48911, in the amount of $22,598 00, FURTHER, the Council does hereby authorize an expenditure from funds received in an insurance settlement from MMRMA in the total amount of $11,125 00 for Regular Meeting Minutes of November 2, 2011 38060 this purpose, FURTHER, the Council does hereby authorize an expenditure in the amount of $11,473 00 from funds already budgeted in Account No 401-000-985-000 for this purpose, FURTHER, the Council does hereby determine to authorize said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan Consortium bid, and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #357-11 RESOLVED, that having considered the report and recommendation of the Acting Chief of Police, dated October 17, 2011, which bears the signatures of the City Attorney and the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 2011 marked Chevrolet Tahoe police vehicle (to replace a vehicle that was totaled in a crash) from Shaheen Chevrolet, 632 American Road, Lansing, MI 48911, in the total amount of $26,177 67, FURTHER, the Council does hereby authorize an expenditure from funds received in an insurance settlement from MMRMA in the total amount of $20,040 00 for this purpose, FURTHER, the Council does hereby authorize an expenditure in the amount of $6,137 67 from funds already budgeted in Account No 401-000-985-000 for this purpose, FURTHER, the Council does hereby determine to authorize said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan Consortium bid and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #358-11 RESOLVED, that having considered a communication from the Human Resources Director, dated October 13, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on October 12, 2011, approving the contract between the City of Livonia and AFSCME Union Local 192 for the period December 1, 2010, through November 30, 2013, the Council does hereby approve of and concur in the aforesaid action of the Civil Service Commission, and the Mayor and City Clerk are hereby requested to affix their signatures to the said contract, for and on behalf of the City of Livonia, and to do all other things necessary or incidental to the full performance of this resolution. #359-11 RESOLVED, that having considered a communication from the Human Resources Director, dated October 13, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on October 12, 2011, and which recommends certain salary and fringe benefit adjustments for non-represented City of Livonia employees, for the period December 1, 2010, through November 30, 2013, which are as follows Regular Meeting Minutes of November 2, 2011 38061 1 Wage rates frozen from December 1, 2010, through November 30, 2013 2 All employees will have six (6) unpaid days in 2012 and 2013 Three (3) of the days each year will be unpaid holidays — President's Day, Good Friday and the Day after Thanksgiving Employees will not work and will not receive any pay for the day If an employee works on an unpaid holiday, the employee will be paid straight time wages for the first eight (8) hours worked The other three (3) days will be scheduled around holidays, the Friday before Memorial Day, the Friday before Labor Day and July 5 The effective wage reduction through the implementation of unpaid days off is 2 3% 3 Modification of health insurance plan to include the following cost saving items a $250 (single) and $500 (two-person/family) deductibles b 80%/20% Community Blue Plan 3 up to $1,000 per member or $2,000 per family maximum out of pocket co- insurance c Office Visit co-pay $20 d Emergency Room co-pay $100, waived if admitted to the hospital e $10 (generic)/$25 (formulary)/$50 (non-formulary) drug prescription co-pays 4 Employees participating in the Health Retirement Savings Account (HRSA) will vest in the City's contribution after four (4) years of service 5 All pay steps will be frozen for employees hired or promoted after September 8, 2011 The frozen steps will be implemented on November 30, 2013, at 11 59 p m 6 Increase optical reimbursement from $100 to $150 per family for a two-year period and increase in dental reimbursement from $650 to $700/family/year 7 Implement state-mandated caps on the amount the City will pay for current employee health insurance - $5,500 single coverage, $11,000 two-person coverage, $15,000 family coverage These caps will be adjusted annually in October by the State Treasurer based on the consumer price index as set forth in Public Act 152 of 2011 8 Retirees will pay up to $2,400 per year for the base retiree health insurance Retirees will pay the co-pay in retirement that they Regular Meeting Minutes of November 2, 2011 38062 paid as an active employee at the time of retirement up to a maximum of$200/month Employees electing the optional health plan will pay the difference in illustrative monthly rates between the Community Blue Plan 3 and the Optional Blue Choice plan in addition to the amount paid by employees selecting the base plan, if the optional plan is more expensive 9 Elimination of longevity payments for employees hired after September 8, 2011 10 Reduction in the number of sick hours from eight (8) hours per month to six (6) hours per month and reduction in the maximum number of sick days paid out at retirement from one-hundred (100) to seventy-five (75) for employees hired after September 8, 2011 11 Reduce the number of days an employee can be absent from five (5) to four (4) to be eligible for three (3) day vacation bonus and elimination of bonus sick leave day 12 Accrue vacation on a monthly basis Employees hired after September 8, 2011, will have a reduced schedule The new schedules are a Effective January 1, 2012, employees hired prior to September 8, 2011, shall accrue vacation at the following rate for each completed month of service with changes effective on their anniversary date Years of Service Hours of Vacation 1-5 Seven (7) hours per month 5-10 Ten and one-half (10 5) hours per month 10-20 Fourteen (14) hours per month 20-25 Fifteen (15) hours per month 25 or more Sixteen (16) hours per month b Effective January 1, 2012, employees hired after September 8, 2011, shall accrue vacation at the following rate for each completed month of service, with changes 1 effective on their anniversary date ice► Regular Meeting Minutes of November 2, 2011 38063 Years of Service Hours of Vacation 1-5 Six (6) hours per month 5-10 Nine (9) hours per month 10-20 Eleven (11) hours per month 20 or more Thirteen (13) hours per month c Vacation for all employees may be accumulated up to 456 hours Any accrued time in excess of 456 hours shall be lost. The 456 hour maximum accumulation includes any bonus vacation days earned d Employees will not earn vacation time while on an unpaid leave of absence or disciplinary suspension 13 Employees who work or get paid for forty (40) hours in a work week and work overtime will be paid at 1-1/2 times their hourly rate for all hours worked Employees will still be able to receive compensatory time instead of payment. Employees may accumulate up to sixty (60) hours Employees will be paid for overtime hours worked if they have sixty (60) hours in their compensatory time bank 14 Effective January 1, 2012, National and City Elections will no longer be paid holidays They will be regular workdays the Council does hereby concur in the recommendation of the Civil Service Commission and the salary and fringe benefit adjustments set forth above are hereby approved #360-11 RESOLVED, that having considered a communication from the Mayor, dated October 13, 2011, which recommends certain salary and fringe benefit adjustments for Appointed Department Head classifications for the period December 1, 2010, through November 30, 2013, which are as follows 1 Wage rates frozen from December 1, 2010, through November 30, 2013 2 All employees will have six (6) unpaid days in 2012 and 2013 Three (3) of the days each year will be unpaid holidays — President's Day, Good Friday and the Day after Thanksgiving Employees will not work and will not receive any pay for the day If an employee works on an unpaid holiday, the employee will be paid straight time wages for the first eight (8) hours worked The Regular Meeting Minutes of November 2, 2011 38064 other three (3) days will be scheduled around holidays, the Friday before Memorial Day, the Friday before Labor Day and July 5 The effective wage reduction through the implementation of unpaid days off is 2 3% 3 Modification of health insurance plan to include the following cost saving items a $250 (single) and $500 (two-person/family) deductibles b 80%/20% Community Blue Plan 3 up to $1,000 per member or $2,000 per family maximum out of pocket co- insurance c Office Visit co-pay $20 d Emergency Room co-pay $100, waived if admitted to the hospital e $10 (genenc)/$25 (formulary)/$50 (non-formulary) drug prescription co-pays 4 Employees participating in the Health Retirement Savings Account (HRSA) will vest in the City's contribution after four (4) years of service 5 All pay steps will be frozen for employees hired or promoted after September 8, 2011 The frozen steps will be implemented on November 30, 2013, at 11 59 p m 6 Increase optical reimbursement from $100 to $150 per family for a two-year period and increase in dental reimbursement from $650 to $700/family/year 7 Implement state-mandated caps on the amount the City will pay for current employee health insurance - $5,500 single coverage, $11,000 two-person coverage, $15,000 family coverage These caps will be adjusted annually in October by the State Treasurer based on the consumer price index as set forth in Public Act 152 of 2011 8 Retirees will pay up to $2,400 per year for the base retiree health insurance Retirees will pay the co-pay in retirement that they paid as an active employee at the time of retirement up to a maximum of$200/month Employees electing the optional health plan will pay the difference in illustrative monthly rates between the Community Blue Plan 3 and the Optional Blue Choice plan in addition to the amount paid by employees selecting the base plan, if the optional plan is more expensive Regular Meeting Minutes of November 2, 2011 38065 9 Elimination of longevity payments for employees hired after September 8, 2011 10 Reduction in the number of sick hours from eight (8) hours per month to six (6) hours per month and reduction in the maximum number of sick days paid out at retirement from one-hundred (100) to seventy-five (75) for employees hired after September 8, 2011 11 Reduce the number of days an employee can be absent from five (5) to four (4) to be eligible for three (3) day vacation bonus and elimination of bonus sick leave day 12 Accrue vacation on a monthly basis Employees hired after September 8, 2011, will have a reduced schedule The new schedules are a Effective January 1, 2012, employees hired prior to September 8, 2011, shall accrue vacation at the following rate for each completed month of service with changes effective on their anniversary date Years of Service Hours of Vacation 1-5 Seven (7) hours per month 5-10 Ten and one-half (10 5) hours per month 10-20 Fourteen 14 hours •er month 20-25 Fifteen (15) hours per month 25 or more Sixteen (16) hours per month b Effective January 1, 2012, employees hired after September 8, 2011, shall accrue vacation at the following rate for each completed month of service, with changes effective on their anniversary date Years of Service Hours of Vacation 1-5 Six (6) hours per month 5-10 Nine (9) hours per month 10-20 Eleven (11) hours per month Regular Meeting Minutes of November 2, 2011 38066 20 or more Thirteen (13) hours per month Vacation for all employees may be accumulated up to 456 hours Any accrued time in excess of 456 hours shall be lost. The 456 hour maximum accumulation includes any bonus vacation days earned d Employees will not earn vacation time while on an unpaid leave of absence or disciplinary suspension. 13 Employees who work or get paid for forty (40) hours in a work week and work overtime will be paid at 1-1/2 times their hourly rate for all hours worked Employees will still be able to receive compensatory time instead of payment. Employees may accumulate up to sixty (60) hours Employees will be paid for overtime hours worked if they have sixty (60) hours in their compensatory time bank. 14 Effective January 1, 2012, National and City Elections will no longer be paid holidays They will be regular workdays the Council does hereby concur in the recommendation of the Mayor and the salary and benefit adjustments set forth above are hereby approved #361-11 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Operations and the Director of Public Works, dated October 10, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Fisher Roofing Company, Inc., 5471 Sylvia St., Dearborn Heights, Michigan 48125, for completing all work required in connection with the Department of Public Works Building #13 (Building Maintenance/Sign Shop) Roof Repair Project in the total amount of $83,825 00, the same having been the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $83,825 00 from funds already budgeted in Account No 401-000-971- 000 (Capital Projects) for this purpose, and the Director of Public Works is hereby authorized to approve 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 things necessary or incidental to the full performance of this resolution #362-11 RESOLVED, that having considered a communication from the City Planning Commission, dated October 7, 2011, which transmits its resolution 10-55-2011, adopted on October 4, 2011, with regard to Petition 2011-09-08-07, submitted by API - Plan Design Build, Regular Meeting Minutes of November 2, 2011 38067 requesting site plan approval in connection with a proposal to construct an addition to the commercial shopping center (KSI Plaza) at 34706- 34730 Plymouth Road, located on the north side of Plymouth Road between Stark Road and Belden Court in the Southwest 1/4 of Section 28, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2011-09-08- 07 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 of 1 dated August 25, 2011, as revised, prepared by Engineering Services, Inc , is hereby approved and shall be adhered to, 2 That the Petitioner shall work with the Planning Department and the Plymouth Road Development Authority (PRDA) to install additional landscaping along Plymouth Road, 3 That the Exterior Building Elevation Plan marked Sheet A3 dated August 31, 2011, as revised, prepared by API — Plan Design Build, is hereby approved and shall be adhered to, 4 That the brick used in the construction shall be full face four (4") inch brick, 5 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 6 That this site shall meet the Wayne County Storm Water Management Ordinance and shall secure the necessary permits, including storm water management permits and soil erosion and sedimentation control permits, from Wayne County and/or the City of Livonia, 7 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto, 8 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 9 That no LED Iightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, Regular Meeting Minutes of November 2, 2011 38068 10 That the petitioner shall comply with the following stipulation in the correspondence dated September 8, 2011, from the Police Department: That a no left turn sign shall be posted in the right-of-way at the west driveway with any limitation on the time of such turning movements to be determined by the Police Department; 11 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, 12 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period A communication from the Finance Department, dated October 19, 2011, re delinquent water balance in connection with a proposal to remodel the exterior of a commercial building located at 20292 Middlebelt Road submitted by Premier Medical Building Associates, LLC, was received and placed on file for the information of the Council (Petition 2011-09-08-08) #363-11 RESOLVED, that having considered a communication from the City Planning Commission, dated October 11, 2011, which transmits its resolution 10-56-2011, adopted on October 4, 2011, with regard to Petition 2011-09-08-08, submitted by Premier Medical Building Associates, LLC, requesting approval of all plans required by Section 18 58 of the City of Livonia Zoning Ordinance No 543, as amended, in connection with a proposal to remodel the exterior of the existing commercial building at 20292 Middlebelt Road, located on the east side of Middlebelt Road between Bretton Road and Eight Mile Road in the Northwest 'A of Section 1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2011-09-08- 08 is hereby approved and granted subject to the following conditions 1 That the Site Plan marked SP 1 dated September 14, 2011, as revised, prepared by GAV Associates, is hereby approved and shall be adhered to, 2 That the visitor and employee parking spaces shown on the site plan shall be double striped, including the provision of barrier free parking, and all regular parking spaces shall be 10' x 20' in size as required, Regular Meeting Minutes of November 2, 2011 38069 3 That the Landscape Plan marked Sheet L.1 dated September 14, 2011, as revised, prepared by GAV Associates, is hereby approved and shall be adhered to, 4 That all conditions imposed by Planning Commission Resolution #5-88-2001, which granted approval to substitute a greenbelt for the protective wall along the north and east property lines, as outlined in Section 18 45 of the Zoning Ordinance, shall remain in effect to the extent that they are not in conflict with the foregoing conditions, 5 That after cleaning up the rear of the property, including any overgrown invasive vegetation, the petitioner shall work with the Planning and Inspection Departments to add landscaping where needed to adequately buffer the adjacent residential properties, 6 That the Exterior Building Elevation Plan marked Sheet A.201 dated September 14, 2011, as revised, prepared by GAV Associates, is hereby approved and shall be adhered to, 7 That the brick used in the construction shall be full face four (4") inch brick, 8 That the three walls of the existing trash dumpster area shall be repaired as needed and repainted to match the building finish color New enclosure gates of either solid panel steel construction or durable, long-lasting solid panel fiberglass shall be installed and maintained, and when not in use, closed at all times, 9 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 10 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 11 That the issues as outlined in the correspondence dated September 22, 2011, from the Livonia Fire and Rescue Division shall be resolved to the satisfaction of the Inspection Department and/or Engineering Division, 12 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department upon receipt of the application for the building permits, and 13 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period Regular Meeting Minutes of November 2, 2011 38070 of one year only from the date of approval by the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period #364-11 RESOLVED, that having considered a communication from Council President James C McCann, dated October 11, 2011, to which is attached a proposed schedule of Council Study and Regular Meetings for the period January 1, 2012, through December 31, 2012, the Council does hereby approve the following dates for City Council meetings for 2012, subject to change with notice Study Meetings Regular Meetings JANUARY Wednesday, January 4 Wednesday, January 11 Wednesday, January 18 Wednesday, January 25 FEBRUARY Monday, January 30 Wednesday, February 8 Monday, February 13 Wednesday, February 22 MARCH Wednesday February 29 Wednesday, March 7 Monday, March 12 Wednesday, March 21 APRIL Monday, March 26 Wednesday, April 4 Monday, April 16 Wednesday, April 25 MAY Monday, April 30 Wednesday, May 9 Monday, May 14 Wednesday, May 23 JUNE Wednesday, May 30 Wednesday, June 6 Monday, June 11 Monday, June 18 JULY Monday, June 25 Monday, July 2 Monday, July 9 Wednesday, July 18 AUGUST Monday, July 23 Wednesday, August 15 Monday, August 20 Wednesday, August 29 SEPTEMBER Wednesday, September 5 Wednesday, September 12 Wednesday, September 19 Wednesday, September 26 Regular Meeting Minutes of November 2, 2011 38071 OCTOBER Monday, October 1 Wednesday, October 10 Monday, October 15 Wednesday, October 24 NOVEMBER a"' Monday, October 29 Wednesday, November 7 Wednesday, November 14 Wednesday, November 21 DECEMBER Monday, November 26 Wednesday, December 5 Monday, December 10 Wednesday, December 19 A roll call vote was taken on the foregoing resolutions with the following result: AYES Toy, Brosnan, Schwartz, Pastor, Meakin, Laura, and McCann NAYS None Toy gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2011-08-03-02) 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 A communication from the Department of Law, dated November 2, 2011, re incorrect legal description provided in the proposed amendment to Zoning Ordinance No 543, as submitted by SREP Haggerty Road, L.L.0 for a change of zoning of property located on the east side of Haggerty Road, between Seven Mile and Eight Mile Road (19700 and 19860 Haggerty Road), was received and placed on file for the information of the Council (Petition 2011-08-01-05) A communication from the Department of Law, dated October 31, 2011, re proposed amendment to Zoning Ordinance No 543, as submitted by SREP Regular Meeting Minutes of November 2, 2011 38072 Haggerty Road, L.L.0 for a change of zoning of property located on the east side of Haggerty Road, between Seven Mile and Eight Mile Road (19700 and 19860 Haggerty Road), was received and placed on file for the information of the Council (Petition 2011-08-01-05) A communication from the Department of Finance, dated October 19, 2011, re delinquent false alarm balance for property located at 37595 Seven Mile Road for Mission Health Livonia, was received and placed on file for the information of the Council (Petition 2011-08-SN-01) A communication from the Department of Finance, dated November 2, 2011, re updated information for the delinquent false alarm balance indicating the balance was paid in full on October 26, 2011, for the property located at 37595 Seven Mile Road by Mission Health Livonia, was received and placed on file for the information of Council (Petition 2011-08-SN-01) On a motion by Pastor, seconded by Laura, it was #365-11 RESOLVED, that having considered a communication from the City Planning Commission, dated October 10, 2011, which transmits its resolution 10-57-2011, adopted on October 4, 2011, with regard to Petition 2011-08-SN-01, submitted by ASI Signage Innovations, requesting approval to replace the ground signs of the medical center (Mission Health Livonia) at 37595 Seven Mile Road, located on the south side of Seven Mile Road between Newburgh Road and the I- 275/96 Expressway in the Northeast 1/4 of Section 7, which property is zoned PO, the Council does hereby refer the subject to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Laura, and McCann NAYS Toy, Brosnan, and Schwartz. The President declared the resolution adopted Regular Meeting Minutes of November 2, 2011 38073 Cheryl Grosscup, Kirco Management, 101 W Big Beaver Road, Suite 200, Troy, was present on behalf of the Petitioner to answer any questions of Council and indicated to Council the Petitioner's request is simply to obtain a sign that has more exposure to the community with a scrolling banner (Petition 2011-08-SN-01) On a motion by Brosnan, seconded by Toy, and unanimously adopted, it was #366-11 RESOLVED, that the Council does hereby refer the subject of signage for medical facilities to the Legislative Affairs Committee for its report and recommendation On a motion by Laura, seconded by Toy, and unanimously adopted, it was #367-11 RESOLVED, that the Council does hereby refer the subject of the City's Sign Ordinance to the Legislative Affairs Committee for its report and recommendation There was no Audience Communication at the end of the meeting Vice President Laura reminded residents the General Election will take place on Tuesday, November 8th and encouraged residents to read up on the candidates and vote Terry Marecki, City Clerk, reminded residents that City Hall will be open for absentee voting only on Saturday, November 5th from 8 30 a m to 2 00 p m Ms Marecki reminded residents that during construction at City Hall, they must park in the west lot near the Senior Center or the east lot near Civic Center Library, and only the south entrance to the building is open Ms Marecki also mentioned to residents the red mailbox that is typically in front of City Hall has been moved further north and absentee ballots can be deposited in that box. Further, Ms Marecki stated all absentee ballots must be returned to the Clerk's Office by the close of polls on Tuesday, November 8th at 8 00 p m and any questions can be directed to her office On a motion by Schwartz, seconded by Toy, and unanimously adopted, this 1,692nd Regular Meeting of the Council of the City of Livonia was adjourned at 8 34 p m Terry 1y1arecki, City Clerk 38074 PUBLIC HEARING REQUEST SUBMITTED BY DANILO JOSIFOSKI RE PETITION 2011-07-01-04 On Wednesday, November 9, 2011, the above hearing was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by Council President McCann at 7 00 p m Present' Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, Laura Toy, Maureen Miller Brosnan and James McCann Absent. None Pursuant to Section 23 06 of Ordinance No 543, the Zoning Ordinance, the City Clerk has duly published and mailed notices fifteen (15) days prior to the hearing date to those persons affected by the proposed change and all other requirements of Ordinance No 543, the Zoning Ordinance have been fulfilled Council President McCann stated that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan 1921, as amended, the Zoning Act (M S.A Section 5 2934, M C L.A 125 584), as well as Article XXIII of Ordinance No 543, the Zoning Ordinance of the City of Livonia, the Council of the City of Livonia is holding a public hearing relevant to the following rezoning request: Petition 2011-07-01-04 submitted by Danilo Josifoski to rezone properties located on north side of Plymouth Road between Newburgh Road and Chase Boulevard (37600 through 37706 Plymouth Road) in the Southeast 1/4 of Section 30 from RUF to R-9 I (Rural Urban Farm to Housing for Elderly 4 Story) (The City Planning Commission recommends rezoning this property to R-9 - Housing for Elderly ) There were twenty-seven (27) individuals present in the audience on this matter 38075 Questions and comments from interested persons were given due consideration, a transcript of which is on file in the Office of the City Clerk. The public hearing was suspended at 7 55 p m due to another scheduled Public Hearing and Council Study Meeting The public hearing reconvened at 9 00 p m immediately following the Council Study Meeting and was declared closed at 9 40 p m on Wednesday, November 9, 2011 TERRY"A. MARECKI, CITY CLERK tto