HomeMy WebLinkAboutCOUNCIL MINUTES 2011-11-16 38078
MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETY THIRD
REGULAR MEETING OF NOVEMBER 16, 2011
On November 16, 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 Schwartz led the meeting with the Pledge
of Allegiance
Roll was called with the following result: Conrad Schwartz, John Pastor,
Brian Meakin, Joe Laura, Laura Toy, and James McCann Absent: Maureen Miller
Brosnan
Elected and appointed officials present: Todd Zilincik, City Engineer;
Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City
Attorney; Terry Marecki, City Clerk, Brandon Kritzman, Councilmember Elect, and
Mayor Jack Kirksey
On a motion by Pastor, seconded by Toy, and unanimously adopted, it
was
#368-11 RESOLVED, that the Minutes of the 1,692nd Regular
Meeting of the Council held November 2, 2011, are hereby approved as
submitted
President McCann announced the following Public Hearing to be held on
Monday, December 5, 2011, at 7 00 p m in the Auditorium of the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan
Petition 2011-10-06-01 submitted by the City Planning Commission,
pursuant to Section 23 01(a) of the Livonia Zoning Ordinance No 543,
as amended, proposing to amend Subsection (a) of Section 26 04
(Permitted Uses) of Article XXVI of the Zoning Ordinance to waive the
minimum three (3) story building height requirement in PO, High Rise
Professional Office Districts
During Audience Communication, Marguerite Gwizdala presented an
informational packet to Council on behalf of Clara Zerbo Adams, Livonia resident,
Regular Meeting Minutes of November 16, 2011 38079
expressing her concern for the implementation of Smart Meters in the Livonia
community
Mayor Kirksey addressed Council to indicate the Administration has
researched Smart Meters and as a point of reference for Council to consider the
Administration has been advised there are no active Smart Meters in the City
Pauline Holeton, 2392 Barclay Avenue, Shelby Township, presented an
informational CD outlining the implications of Smart Meters and expressed she has
visited many communities throughout the State and many are concerned with the
issues surrounding the new meters Ms Holeton stated the Smart Meters will cause
the cost of energy to rise and the meters are designed to emit more energy which
adds to the amount of EMF radiation and can cause significant health problems for
residents Ms Holeton concluded by stating Smart Meters pose a threat to citizens'
privacy and can be utilized by the utility companies to control appliances and energy
consumption and urged Council to adopt a resolution to protect Livonia residents
John Holeton, 2392 Barclay Avenue, Shelby Township, addressed
Council to present a formal legal notice concerning the hazards of Smart Meters and
to indicate his opinion that Smart Meters pose serious health consequences Mr
Holeton stated the legal notice presented would hold Council members individually
responsible should any health issues arise for citizens of Livonia as a result of the
meters being utilized
A communication from the Department of Finance, dated October 20,
2011, re forwarding various financial statements of the City of Livonia for the month
ending September 30, 2011, was received and placed on file for the information of the
Council
On a motion by Meakin, seconded by Pastor, it was
#369-11 RESOLVED, that having considered a communication from
the City Treasurer, dated July 15, 2011, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, with
regard to the proposed cancellation of delinquent personal property
taxes for tax years 2003 through 2005, the Council does hereby
authorize the City Treasurer to petition the Circuit Court for the County of
Wayne to cancel the attached 2003 through 2005 personal property
taxes in accordance with provisions of State statute, and the Department
of Law is hereby requested to institute the aforesaid litigation in the
manner and form herein authorized
#370-11 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 26, 2011, which
bears the signature of the Director of Finance and the City Attorney and
Regular Meeting Minutes of November 16, 2011 38080
is approved for submission by the Mayor, to which is attached a
proposed Fiscal Year 2012 Municipal Credit Contract between SMART
and the City of Livonia for the period July 1, 2011, to June 30, 2012, the
Council does hereby authorize the Mayor and City Clerk to execute a
Municipal Credit 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
#371-11 RESOLVED, that having considered the report and
recommendation of the Interim Superintendent of Parks and Recreation,
dated September 16, 2011, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, to which is
attached a communication from B & B Pools and Spas, dated
September 8, 2011, wherein it is indicated that B & B Pools and Spas
has offered to extend their current contract price through November 30,
2012, the Council does hereby authorize the purchase of 300 buckets of
pulsar briquettes from B & B Pools and Spas, 29440 Six Mile Road,
Livonia, Michigan 48152, for a price of $105 00 per bucket for a total
price of $31 ,500 00 for use at the Community Recreation Center,
Botsford, Clements Circle and Shelden Pools, with the understanding
that such price per bucket will remain in place through November 30,
2012, FURTHER, the Council does hereby authorize an expenditure in
the amount of $31,500 00 ($18,900 00 from Account No 208-755-743-
000 — Community Center; $5,040 00 from Account No 208-720-743-000
— Botsford, $5,040 00 from Account No 208-721-743-000 — Clements
Circle, and $2,520 00 from Account No 208-722-743-000 — Shelden)
from funds already budgeted for this purpose, FURTHER, the Council
does hereby authorize the said purchase without competitive bidding for
the reasons indicated in the aforesaid communication, 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
#372-11 RESOLVED, that having considered a communication from
the Interim Superintendent of Parks and Recreation, dated October 24,
2011, 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 the following companies for supplying the Parks
and Recreation Department with clothing for the 2012 fiscal year as
indicated on the attachment to the aforesaid communication, the same
having been the lowest bid submitted for each item listed and meets all
specifications
1 Allqraphics Corporation, Frank Alspector, 28960 E. King William
Dr , Farmington Hills, MI 48331
Item No. Size Amount
1 Ad M-XL $3 75
Regular Meeting Minutes of November 16, 2011 38081
2 Ad M-XL $9 54
8 Ad Sm-XL $3 70
10A Yth M-L $3 00
Ad Sm-M $2 98
Ad L-XL $2 98
411`
1 0 B $3 58
11 Yth Sm-M $5 62
Ad Sm-XL $5 62
Ad 2XL-3XL $6 74
13 Ad M-XL $3 48
Ad 2XL $5 69
Ad 3 X $5 69
14A Yth M-LG $3 20
Ad Sm-M $2 98
14B Ad Sm-L $3 95
16 Ad Sm-XL (Light) $3 00
Ad Sm-XL (Dark) $3 50
Ad 2XL (Dark) $6 40
17 Yth Caps $2 70 (Capanella)
Ad Caps $2 70
2 Kelqraphics, Charles Kelly, 110 W River Street, Cadillac, MI
49601
Item No Size Amount
3 Ad L-XXL $10.25
4 Ad Sm-XL $6 75
5 Ad Sm-XL $6 75
7 Ad Sm-XL $10.25
12 Yth Sm-L $3 50
Ad Sm-XL $3 50
Ad 2XL $4 50
15 Ad M-XL $4 00
Ad 2XL $5 00
18A Ad Sm-XL $21 50
18B Ad Sm-XL $24 50
3 Active Embroidery & Silkscreen, Cathy Pawloske, 19643 Prince
Drive, Macomb, MI 48044
Item No Size Amount
6 Ad Sm-XL $4 75
4 World of Promotions, Layla Rosenfield, 1310 Louis Ave , Elk Grove
Village, IL 60007
Regular Meeting Minutes of November 16, 2011 38082
Item No Size Amount
9 Yth Sm-M $3 09
Ad Sm-L $3 09
FURTHER, the Council does hereby authorize such purchases from
funds already budgeted in the Department of Parks and Recreation and
Community Center Account Nos 208-755-768-000, 208-717-764-000,
101-711-766-000, 101-707-764-000 and 208-755-776-040 for this
purpose, FURTHER, the Council does hereby authorize purchases for
Items 18A and 18B from Account No 702-285-125 for employees who
wish to purchase additional work apparel with the understanding that the
payment from employees will be deposited back into such account.
#373-11 RESOLVED, that having considered the report and
recommendation of the Interim Superintendent of Parks and Recreation,
dated October 26, 2011 , which bears the signature of the Director of
Finance and is approved for submission by the Mayor, and which sets
forth Parks and Recreation Commission Resolution 3256-11, adopted on
September 7, 2011, wherein revisions in greens fees at Fox Creek,
Whispering Willows and Idyl Wyld Golf Courses are recommended, the
Council does hereby concur in the recommendation of the Parks and
Recreation Commission and such revisions in greens fees shall be as
follows
RESIDENTS - IDYL WYLD
Current New
WEEKDAYS Rate Rate
9 holes — Before 4pm $13 00 $13 50
18 holes $19 00 $19 50
Senior Citizens (ages 62 & up with valid ID)
9 holes (day/time restricted) $7 75 $8 25
18 holes (day/time restricted) $12 00 $12 50
Juniors (ages 9-17 with valid ID)
9 holes (day/time restricted) $7 75 $8 25
18 holes (day/time restricted) $12 00 $12 50
Twilight (time tbd based on time of year) $10 00 $10 50
WEEKENDS (Saturday/Sunday/Holidays)
9 holes $13 00 $13 50
18 holes $19 00 $19 50
Senior Citizens (ages 62 & up with valid ID)
9 holes (day/time restricted) $7 75 $8 25
18 holes (day/time restricted) $12 00 $12 50
Juniors (ages 9-17 with valid ID)
9 holes (day/time restricted) $7 75 $8 25
18 holes (day/time restricted) $12 00 $12 50
Twilight (time tbd based on time of year) $10 00 $10 50
Regular Meeting Minutes of November 16, 2011 38083
NON-RESIDENTS - IDYL WYLD
Current New
Rate Rate
WEEKDAYS
9 holes — Before 4pm $14 00 $15 00
18 holes $20 00 $21 00
Senior Citizens (ages 62 & up with valid ID)
9 holes (day/time restricted) $8 50 $9 50
18 holes (day/time restricted) $13 00 $14 00
Juniors (ages 9-17 with valid ID)
9 holes (day/time restricted) $8 50 $9 50
18 holes (day/time restricted) $13 00 $14 00
Twilight (time tbd based on time of year) $11 00 $12 00
WEEKENDS (Saturday/Sunday/Holidays)
9 holes $14 00 $15 00
18 holes $20 00 $21 00
Senior Citizens (ages 62 & up with valid ID)
9 holes $8 50 $9 50
18 holes $13 00 $14 00
Juniors (ages 9-17 with valid ID)
9 holes $8 50 $9 50
18 holes $13 00 $14 00
Twilight (time tbd based on time of year) $11 00 $12 00
Weekend Special $16 00 $16 50
League Rate $17 50 $17 50
RESIDENTS - FOX CREEK AND WHISPERING WILLOWS
Current New
Rate Rate
WEEKDAYS
9 holes $15 50 $16 00
18 holes $21 00 $22 00
Senior Citizens (ages 62 & up with valid ID)
9 holes (day/time restricted) $8 00 $8 50
18 holes (day/time restricted) $13 00 $14 00
Juniors (ages 9-17 with valid ID)
9 holes (day/time restricted) $8 00 $8 50
18 holes (day/time restricted) $13 00 $14 00
Twilight (time tbd based on time of year) $11 00 $11 50
WEEKENDS (Saturday/Sunday/Holidays)
9 holes $16 50 $17 00
18 holes $23 50 $24 00
Senior Citizens (ages 62 & up with valid ID)
9 holes (day/time restricted) $8 00 $8 50
18 holes (day/time restricted) $13 00 $14 00
Regular Meeting Minutes of November 16, 2011 38084
Juniors (ages 9-17 with valid ID)
9 holes (day/time restricted) $8 00 $8 50
18 holes (day/time restricted) $13 00 $14 00
Twilight (time tbd based on time of year) $11 00 $11 50
NON-RESIDENTS - FOX CREEK AND WHISPERING WILLOWS
Current New
Rate Rate
WEEKDAYS
9 holes $19 00 $19 00
18 holes $25 00 $26 00
Senior Citizens (ages 62 & up with valid ID)
9 holes (day/time restricted) $12 00 $12.50
18 holes (day/time restricted) $19 00 $19 50
Juniors (ages 9-17 with valid ID)
9 holes (day/time restricted) $12 00 $12 50
18 holes (day/time restricted) $19 00 $19 00
Twilight (time tbd based on time of year) $14 00 $14 50
WEEKENDS (Saturday/Sunday/Holidays)
9 holes $20 00 $20 50
18 holes $29 00 $30 00
Senior Citizens (ages 62 & up with valid ID)
9 holes $12 00 $12 50
18 holes $19 00 $19 50
Juniors (ages 9-17 with valid ID)
9 holes $12 00 $12 50
18 holes $19 00 $19 50
Twilight (time tbd based on time of year) $14 00 $14 00
Weekend Special $19 50 $20 00
League Rate $18 75 $19 00
#374-11 RESOLVED, that having considered a communication from
the Interim Superintendent of Parks and Recreation, dated October 28,
2011, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, which transmits Resolution
#3259-11 adopted by the Parks and Recreation Commission on
September 7, 2011, the Council does hereby approve the recommended
increase in outdoor swim lesson fees from $4 75 to $5 75 for Livonia
residents and from $5 50 to $6 50 for non-residents in order to help
defray the cost of maintaining the pool and the minimum wage increase
#375-11 RESOLVED, that having considered a request from
Councilmember John Pastor, the Council does hereby refer the subject
of Title 15, Chapter 51 (Vacant and Abandoned Structures) of the
Livonia Code of Ordinances to the Committee of the Whole for its report
and recommendation
Regular Meeting Minutes of November 16, 2011 38085
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Schwartz, Pastor, Meakin, Laura, Toy, and McCann
NAYS None
Toy took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND
PUBLIC GROUND (Petition 2011-08-03-02)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Schwartz, Pastor, Meakin, Laura, Toy, and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
A communication from the Department of Law, dated November 4, 2011,
re proposed amendment to Zoning Ordinance No 543, as amended, submitted by
SREP Haggerty Road, L L.0 to rezone properties located at 19700 and 19860
Haggerty Road, was received and placed on file for the information of the Council
(Petition 2011-08-01-05)
Meakin gave first reading to the following Ordinance
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 2011-08-01-05)
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
Regular Meeting Minutes of November 16, 2011 38086
A communication from the Department of Law, dated November 10,
2011 , re proposed Ordinance Amendment to the Zoning Ordinance as submitted by
Northern Equities Group for property located on the west side of Victor Parkway
(19401 Victor Parkway), was received and placed on file for the information of the
Council (Petition 2011-10-01-07)
Pastor gave first reading to the following Ordinance
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 2011-10-01-07)
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
Pastor invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon with the following result:
AYES Schwartz, Pastor, Meakin, Laura, Toy, and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Meakin, seconded by Schwartz, and unanimously
adopted, it was
#376-11 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 27, 2011, which transmits
its resolution 10-65-2011, adopted on October 25, 2011, with regard to
Petition 2011-10-08-09 submitted by Northern Equities Group, on behalf
of Infineon Technologies, requesting site plan approval in connection
with a proposal to construct an office building on a portion of the property
at 19401 Victor Parkway, located on the west side of Victor Parkway
between Seven Mile Road and Pembroke Avenue in the South 1/2 of
Section 6, pursuant to the provisions set forth in Section 18 58 of
Regular Meeting Minutes of November 16, 2011 38087
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2011-10-08-
09 is hereby approved and granted, subject to the following conditions
1 That the Site Plan marked Drawing Number P-4 dated October 7,
2011, prepared by Professional Engineering Associates is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Drawing Number L-1 dated
October 7, 2011, prepared by Professional Engineering
Associates is hereby approved and shall be adhered to, except
that changes to meet LEED certification shall be permitted,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition, except that
changes to meet LEED certification shall be permitted,
5 That the Exterior Building Elevation Plan marked Sheet Number
PE-1 dated October 13, 2011, prepared by Faudie Architecture,
are hereby approved and shall be adhered to,
6 That the brick used in the construction shall be full face four (4")
inch brick;
7 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of compatible
character, material and color to other exterior materials on the
building,
8 That the three walls of the trash dumpster areas shall be
constructed out of the same brick used in the construction of the
building or in the event a poured wall is substituted, the wall's
design, texture and color shall match that of the building and the
enclosure gates shall be of solid panel steel construction or
durable, long-lasting solid panel fiberglass and maintained and
when not in use closed at all times,
9 That the petitioner shall secure the necessary permits, including
storm water management permits, wetlands permits and soil
erosion and sedimentation control permits, from Wayne County,
the City of Livonia, and/or the State of Michigan Department of
Environmental Quality,
Regular Meeting Minutes of November 16, 2011 38088
10 That all light fixtures shall not exceed twenty (20') feet in height as
measured from the finish grade at the base of the structure to the
top of the light fixture, and such fixtures shall be aimed and
shielded so as to minimize stray light trespassing across property
lines and glaring into adjacent roadway;
11 That the issues as outlined in the correspondence dated October
17, 2011, from the Livonia Fire and Rescue Division shall be
resolved to the satisfaction of the Inspection Department and/or
Engineering Department;
12 That the signage as depicted in the aforementioned plans is
hereby approved subject to approval by the Zoning Board of
Appeals,
13 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,
14 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
On a motion by Pastor, seconded by Toy, it was
#377-11 RESOLVED, that having considered the report and
recommendation of the Interim Superintendent of Parks and Recreation,
dated October 4, 2011, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, and which sets
forth Parks and Recreation Commission Resolution 3257-11, adopted on
September 7, 2011, wherein revisions in membership fees for the
Livonia Community Recreation Center are recommended, the Council
does hereby concur in the recommendation of the Parks and Recreation
Commission as set forth in its Resolution 3257-11, adopted on
September 7, 2011, and does hereby approve the fee increases for
Annual Passes, Summer Passes and EFT Membership Fees for the
Livonia Community Recreation Center as set forth in the attachment to
Parks and Recreation Commission Resolution 3257-11, which is
incorporated by reference as though specifically set forth herein
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Meakin, Laura, Toy, and McCann
NAYS Schwartz.
Regular Meeting Minutes of November 16, 2011 38089
The President declared the resolution adopted
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#378-11 RESOLVED, that having considered the report and
recommendation of the Interim Superintendent of Parks and Recreation,
dated October 4, 2011, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, and which sets
forth Parks and Recreation Commission Resolution 3257-11, adopted on
September 7, 2011, wherein revisions in Membership Fees for the
Livonia Community Recreation Center are recommended, the Council
does hereby refer the subject of Livonia Community Recreation Center
Membership Fee increases to the Public Safety, Education and
Recreation Committee for its report and recommendation
A communication from the Department of Law, dated November 14,
2011, re additional information requested by Council regarding the latest time a movie
can start at the AMC Livonia 20 located at 19500 Haggerty Road, was received and
placed on file for the information of the Council (Petition 2011-08-02-12)
An e-mail communication from Rich Gabbei, dated November 13, 2011,
re waiver use approval submitted by American Multi-Cinema, Inc for theater located
at 19500 Haggerty Road, was received and placed on file for the information of the
Council (Petition 2011-08-02-12)
On a motion by Meakin, seconded by Schwartz, it was
#379-11 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 28, 2011, which transmits
its resolution 10-62-2011, adopted on October 25, 2011, with regard to
Petition 2011-08-02-12 submitted by American Multi-Cinema, 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 a multi-screen movie theatre (AMC Livonia 20) on property located
on the east side of Haggerty Road between Seven Mile Road and Eight
Mile Road (19500 Haggerty Road) in the Southwest '/4 of Section 6,
which property is zoned C-2, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2011-08-02-
12 is hereby approved and granted, subject to the following conditions
Regular Meeting Minutes of November 16, 2011 38090
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 the hours of operation for the bar area shall be limited to
4 00 p m to 12 00 a m Monday through Friday, and 12 00 p m to
12 00 a m on Saturdays, Sundays and holidays,
3 That wristbands shall be used to identify individuals who have
purchased alcoholic beverages,
4 That no alcoholic beverages shall be permitted outside the theatre
building, and
5 That no alcoholic beverages shall be permitted at events that
target youth audiences
FURTHER, the Council does hereby waive the 1,000 foot separation
requirement set forth in Section 11 03(h)(1) of the Zoning Ordinance
A roll call vote was taken on the foregoing resolution with the following result:
AYES Schwartz, Pastor, Meakin, Laura, and McCann
NAYS Toy
The President declared the resolution adopted
A communication from the Planning Commission, dated November 3,
2011, re additional information requested by Council concerning other potentially
buildable lots similar to the Petitioner's property located on the west side of Henry Ruff
Road between Lyndon Avenue to the north and Schoolcraft Road to the South, was
received and placed on file for the information of the Council (Petition 2011-07-01-
03)
On a motion by Schwartz, seconded by Meakin, and unanimously
adopted, it was
#380-11 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 29, 2011, which transmits
Regular Meeting Minutes of November 16, 2011 38091
its resolution 08-44-2011, adopted on August 23, 2011, with regard to
Petition 2011-07-01-03 submitted by Kucyk, Soave and Fernandes,
P L.L.0 , for a change of zoning of property located on the west side of
Henry Ruff Road between Schoolcraft Road and Lyndon Avenue,
(14341 Henry Ruff), in the Southwest 1/4 of Section 23 from RUF to R-3,
and the Council having conducted a public hearing with regard to this
matter on Monday, October 10, 2011, the Council does hereby approve
Petition 2011-07-01-03 for preparation of the Ordinance for submission
to Council, and the City Planner is hereby instructed to cause the
necessary map for publication to be prepared indicating the zoning
change herein approved and to furnish the same to the Department of
Law and, upon receipt of such map, the Department of Law is requested
to prepare an Ordinance amending Ordinance No 543, as amended, in
accordance with this resolution
A petition signed by numerous Livonia residents, received in the Office
of the City Clerk on November 9, 2011, re in support of the proposed senior housing
facility at 37630 Plymouth Road as submitted by Danilo Josifoski, was received and
placed on file for the information of the Council (Petition 2011-07-01-04)
A communication from Patricia and Gary Seleski, 11778 Roselinda,
Livonia, dated November 9, 2011, re stating objections to the proposed senior
housing facility at 37630 Plymouth Road as submitted by Danilo Josifoski, was
received and placed on file for the information of the Council (Petition 2011-07-01-
04)
A letter from numerous Livonia residents, dated October 16, 2011, re in
opposition to the proposed senior housing facility at 37630 Plymouth Road as
submitted by Danilo Josifoski, was received and placed on file for the information of
the Council (Petition 2011-07-01-04)
A communication from the Planning Commission, dated November 10,
2011, re indicating that a valid protest exists with regard to the proposed rezoning of
various properties as submitted by Danilo Josifoski, was received and placed on file
for the information of the Council (Petition 2011-07-01-04)
Regular Meeting Minutes of November 16, 2011 38092
An e-mail communication from Jorgo Stojanov, 19400 Sunset, Livonia,
dated November 12, 2011, re in support of the proposed senior housing facility at
37630 Plymouth Road as submitted by Danilo Josifoski, was received and placed on
file for the information of the Council (Petition 2011-07-01-04)
A communication from Patricia and Gary Seleski, 11778 Roselinda,
dated November 16, 2011, re in opposition to the proposed senior housing facility at
37630 Plymouth Road as submitted by Danilo Josifoski, was received and placed on
file for the information of the Council (Petition 2011-07-01-04)
An e-mail communication from Jason McMahan, 33395 Fargo St.,
Livonia, dated November 14, 2011, re in support of the proposed senior housing
facility at 37630 Plymouth Road as submitted by Danilo Josifoski, was received and
placed on file for the information of the Council (Petition 2011-07-01-04)
On a motion by Pastor, seconded by Meakin, it was
#381-11 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 27, 2011, which sets
forth its resolution 09-49-2011 adopted on September 20, 2011, with
regard to Petition 2011-07-01-04, submitted by Danilo Josifoski for a
change of zoning of property located on the Southeast 1/4 of Section 30,
from RUF to R-9 I, and the Council having conducted a public hearing
with regard to this matter on November 9, 2011, the Council does hereby
approve Petition 2011-07-01-04, as amended so as to rezone the
property to R-9, for preparation of the Ordinance for submission to
Council, and the City Planner is hereby instructed to cause the
necessary map for publication to be prepared indicating the zoning
change herein approved and to furnish the same to the Department of
Law and, upon receipt of such map, the Department of Law is requested
to prepare an Ordinance amending Ordinance No 543, as amended, in
accordance with this resolution
Richard Thomas, resident of Silver Village, addressed Council to express his support
of the proposed use of the properties located along Plymouth Road in the proposed
rezoning Petition as submitted by Danilo Josifoski and felt it would be a good tax base
for the community with low environmental damage (Petition 2011-07-01-04)
Regular Meeting Minutes of November 16, 2011 38093
Jeff Lytle, 11891 Newburgh Road, addressed Council to speak in opposition to the
proposed rezoning Petition submitted by Danilo Josifoski and indicated the letters
submitted to Council in support of the rezoning Petition were not written by
neighboring residents and the only valid protest was submitted by himself and a
neighboring property owner, Ron Carozzo Mr Lytle urged the Council to investigate
possible EPA violations relative to the subject property and to investigate whether
additional security and a traffic study would be necessary for the area in question
(Petition 2011-07-01-04)
Nick Evanoff, 11755 Hunters Park Court, stated he moved to Livonia because of its
strong family values and family neighborhoods and stated it would not be in the City's
best long-term interest to make use of the land as proposed by Danilo Josifoski as he
felt the proposed rezoning would destabilize the region and would drive out working
families from the Livonia community (Petition 2011-07-01-04)
Dave Christensen, 11735 Roselinda Drive, indicated he lives in close proximity to the
proposed rezoning submitted by Danilo Josifoski and would rather see single family
homes be built at the subject property rather than senior housing Further, Mr
Christensen expressed concern for the safety of school children at bus stops in that
area as many vehicles pass the busses, even with their lights on, and indicated he
was opposed to a four way traffic light being installed (Petition 2011-07-01-04)
Azure Christensen, 11735 Roselinda Drive, stated she is a student whose bus stop is
in the immediate area and feels unsafe at the bus stop because vehicles pass the bus
even when the bus has its lights on and was opposed to a four way traffic light being
installed (Petition 2011-07-01-04)
George Hudock, 11783 Hunters Park Court, stated his home is in the immediate area
and agreed with the concerns raised by the Christensens for the safety of school
children and indicated he has witnessed two accidents since school started and
suggested the matter be looked into by the Police Department. Further, Mr Hudock
expressed his opposition to the rezoning of the properties as submitted by Danilo
Josifoski and felt the community would be better served by appealing to future
generations of Livonia by rezoning the subject property for single family homes
(Petition 2011-07-01-04)
Don Orlandoni, 39448 Spring Water Drive, Northville, indicated he was present as
attorney on behalf of the Petitioner, Danilo Josifoski Mr Orlandoni stated he felt it
was a good idea to move forward with the subject petition by putting the matter into a
committee for further discussion and indicated his client agreed to step away from
rezoning the property R9-1 to R-9 as a compromise (Petition 2011-07-01-04)
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Meakin, Toy, and McCann
NAYS Schwartz and Laura
Regular Meeting Minutes of November 16, 2011 38094
The President declared the resolution adopted
On a motion by Pastor, seconded by Toy, and unanimously adopted, it
was
#382-11 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 27, 2011, which sets
forth its resolution 09-49-2011 adopted on September 20, 2011, with
regard to Petition 2011-07-01-04, submitted by Danilo Josifoski for a
change of zoning of property located on the Southeast 1/4 of Section 30,
from RUF to R-9 I, and the Council having conducted a public hearing
with regard to this matter on November 9, 2011, the Council does hereby
refer this matter to the Committee of the Whole for its report and
recommendation
On a motion by Pastor, seconded by Toy, it was
#383-11 RESOLVED, that having considered a communication from
the Department of Law, dated November 7, 2011, 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, 20255 Development Assoc , LLC v City of Livonia and 20555
Development Assoc , LLC v City of Livonia (MU)
A roll call vote was taken on the foregoing resolution with the following result:
AYES Schwartz, Pastor, Meakin, Laura, Toy, and McCann
NAYS None
The President declared the resolution adopted
On a motion by Pastor, seconded by Schwartz, it was
#384-11 RESOLVED, that having considered a communication from
the Department of Law, dated November 4, 2011, 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, Wertman v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Schwartz, Pastor, Meakin, Laura, Toy, and McCann
Regular Meeting Minutes of November 16, 2011 38095
NAYS None
The President declared the resolution adopted
During Audience Communication, Pauline Holeton, 2392 Barclay
Avenue, Shelby Township, addressed Council to express her opinion that all people
should be allowed to speak at Council meetings pursuant to the Open Meetings Act
and stated she felt Ms Adams' letter should have be read into the record
Jeff Lytle, 11891 Newburgh Road, addressed Council to inquire where
the statistics concerning senior housing as discussed earlier in the meeting could be
obtained and thanked Council for their assistance and cooperation
John Holeton, 2392 Barclay Avenue, Shelby Township, addressed
Council to express his concern regarding the time constraints for audience members
to address Council and indicated he felt the matter concerning Smart Meters was
critical and should be addressed in more depth and at length given the hazards to
citizens
On a motion by Meakin, seconded by Schwartz, and unanimously
adopted, this 1,693`d Regular Meeting of the Council of the City of Livonia was
adjourned at 9 20 p m
Terry Marecki, City Clerk