HomeMy WebLinkAboutCOUNCIL MINUTES 2012-02-08 38147
MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETY EIGHTH
REGULAR MEETING OF FEBRUARY 8, 2012
On February 8, 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 Councilmember Kritzman led the meeting with the Pledge
of Allegiance
Roll was called with the following result: Brandon Kritzman, James
McCann, Joe Laura, John Pastor, Thomas Robinson, Maureen Miller Brosnan, and
Laura Toy Absent: None
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, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Robinson, it was
#36-12 RESOLVED, that the Minutes of the 1,697th Regular
Meeting of the Council held January 25, 2012, are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Kritzman, McCann, Laura, Pastor, Robinson, and Brosnan
NAYS None
PRESENT Toy
President Toy declared the resolution adopted
Robinson requested a moment of silence to honor the passing of the
founder of the Livonia Symphony Orchestra, Frank DiBlasi, who Robinson indicated
contributed greatly to the quality of life for Livonia residents
Laura wished a Happy 50th Birthday to Vice President Pastor
President Toy wished a Happy Birthday to City Attorney, Don Knapp
Regular Meeting Minutes of February 8, 2012 38148
Vice President Pastor wished a Happy Birthday to Councilmember
Katzman
President Toy requested a moment of silence to honor the recent
passing of several retirees from the City. Terry McDonald from the Department of
Public Works, Patricia Miencier, former Deputy Clerk, and Irene Zahara, retiree from
the Clerk's Office President Toy stated all of these retirees served the City well and
would be greatly missed
Mayor Kirksey introduced Jim Inglis, Director of Housing Commission
Mr Inglis announced the Energy Grant the City obtained from DTE resulted in energy
surveys being conducted of City-owned buildings The energy audit revealed City Hall
was the least energy efficient building, which resulted in numerous energy
improvements being conducted at City Hall Mr Inglis reported the energy
improvements resulted in energy savings and rebates which would be presented by
Consumers Energy and introduced Greg Meyer, representative of Consumers Energy
Greg Meyer, Consumers Energy representative, presented an energy
savings rebate check in the amount of $27,614 12 to the City of Livonia, together with
a plaque honoring the City's commitment to being energy efficient. Mayor Kirksey and
Vice President Pastor accepted the rebate check and plaque from Consumers Energy
on behalf of Livonia
Mayor Kirksey thanked Consumers Energy for recognizing Livonia for its
efforts in becoming more energy efficient and for allowing the City to participate in the
energy savings program
President Toy announced there will be numerous Council Committee
meetings scheduled for the near future to discuss varied items that have been referred
to the respective Council Committees
During Audience Communication, Ron Yarbrough, 33428 Richland
Street, Livonia, addressed Council to express his concern for the installation of Smart
Meters in the community Mr Yarbrough indicated he had contacted Senator
Anderson and Representative Walsh who advised him the best way to proceed would
be to have City Council adopt a resolution banning Smart Meters
Suzanne Yarbrough, 33428 Richland Street, Livonia, addressed Council
to express her concern for the amount of radiation emitted by Smart Meters and the
health risks they may cause and encouraged Council to take the necessary steps to
prevent them from being installed within the community
Marguerite Gwizdala, 9870 Seltzer Street, Livonia, addressed Council to
express her concern for the radiation emitted by Smart Meters and requested Council
adopt a resolution banning same
Regular Meeting Minutes of February 8, 2012 38149
Russell Morphew, 29146 Roycroft Street, Livonia, addressed Council to
express his concern for the installation of Smart Meters in the community and
requested Council adopt a resolution banning same
Chaplain Doctor Charlene H Berry, 49615 Linden, Plymouth, addressed
Council to express her concern for the installation of Smart Meters in the community
and requested Council adopt a resolution banning same Ms Berry expressed her
belief the meters pose serious health problems and encouraged Council to take
action
Donna Williams, 7451 Lafayette, Dearborn Heights, addressed Council
to express her concerns regarding the installation of Smart Meters in the community
and requested Council adopt a resolution banning same Ms Williams stated her
belief that Smart Meters pose health concerns, fire risks, invasion of privacy and will
cause utility bills to be more expensive
John Tatar, 16451 Savoie, Livonia, addressed Council and indicated he
was employed for 31 years with Livonia Public Schools and served the country in the
military Mr Tatar indicated Smart Meters present serious health concerns and
violated residents' Fourth Amendment rights and encouraged Council to adopt a
resolution banning same
A communication from Ron Yarbrough and Suzanne Yarbrough, 33428
Richland Street, Livonia, dated February 8, 2012, and presented to Council during
Audience Communication, re expressing opposition to the installation of Smart Meters
in Livonia due to potential health and privacy concerns they may pose, was received
and placed on file for the information of the Council
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#37-12 RESOLVED, the Council does hereby refer the subject
matter of Smart Meters and whether or not the City of Livonia has the
authority to opt of same, to the Law Department for its report and
recommendation
On a motion by Laura, seconded by Robinson, and unanimously
adopted, it was
#38-12 RESOLVED, the Council does hereby refer the subject
matter of how Council meetings are scheduled to the Committee of the
Whole for its report and recommendation
Regular Meeting Minutes of February 8, 2012 38150
On a motion by Pastor, seconded by Robinson, it was
#39-12 RESOLVED, that having considered a letter from Scott
Kelley, Project Manager, Fusco, Shaffer & Pappas, Inc , dated January
17, 2012, requesting a waiver of the sidewalk requirement in front of
20298 Hubbard Street, and having further considered the report and
recommendation of the City Engineer, dated January 18, 2012,
approved for submission by the Mayor, the Council does hereby approve
this request inasmuch as omitting the sidewalk on the subject property
would have no detrimental effect upon the neighboring properties at this
time due to the lack of any other public sidewalks existing within the
neighboring area, FURTHER, the Council does hereby reserve the right
to require sidewalks at this location in the event that additional sidewalks
are installed in this area at some future date
#40-12 RESOLVED, that having considered a communication from
the City Clerk, dated January 23, 2012, forwarding an application
submitted by Nichole Calme, 12853 Dixie, Redford, Michigan 48239, 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
#41-12 RESOLVED, that pursuant to the provisions of Section 5,
Chapter VIII of the Charter of the City of Livonia, and based upon the
appointment of the Mayor, dated January 17, 2012, the Council does
hereby consent to and confirm the reappointment of Jollietta Coleman,
14174 Richfield, Livonia, Michigan 48154, to the Board of Review for a
term of three years commencing February 17, 2012, and expiring
February 16, 2015
#42-12 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 19,
2012, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
authorize the purchase of eight (8) Toro ZTR, Model 74975 29 H P
propane powered Kawasaki mowers with 60" Turbo Force decks through
the Michigan Intergovernmental Trade Network (MITN) from Commercial
Lawnmower, 32098 Plymouth Road, Livonia, Michigan 48150, for a total
price of $85,400 00, the same to be expended from funds already
budgeted in Account No 401-000-987-000 (Capital Outlay) for this
purpose, FURTHER, the Council does hereby determine to authorize the
said purchase without competitive bidding inasmuch as the same is
based upon the low State of Michigan bid price (under Contract
Agreement No 07160200329) 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
Regular Meeting Minutes of February 8, 2012 38151
#43-12 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 23,
2012, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
authorize the purchase of three (3) John Deere Gators with three (3)
Boss 6'6" v-plows and three (3) Snoway Model 6 salt spreaders from
Thesier Equipment Company, 28342 Pontiac Trail, South Lyon,
Michigan 48178, for a total price of $65,602 50, the same to be
expended from funds already budgeted in Account No 401-000-987-000
(Capital Outlay) for this purpose, FURTHER, the Council does hereby
determine to authorize the said purchase without competitive bidding
inasmuch as the same is based upon the low State of Michigan bid price
(under Contract Agreement No 071B0200317) 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
#44-12 RESOLVED, that having considered a communication from
the Superintendent of Public Works — Operations and the Director of
Public Works, dated January 20, 2012, which bears the signature of the
Director of Finance and is approved for submission by the Mayor,
requesting an additional appropriation and expenditure for the removal of
an additional 66 trees and stump grinding under the 2011 Tree and
Stump Removal Program, previously authorized in Council Resolution
No 44-11, the Council does hereby appropriate and authorize an
additional expenditure in an amount not to exceed $10,069 00 from
Account No 205-527-818-045 (Municipal Refuse Fund Contractual
Services — Forestry), for this purpose, FURTHER, the Council does
hereby authorize final payment to be made to Greener Still, Inc , 19119
Schoolcraft, Detroit, Michigan 48223 in the amount of$10,069 00 for this
work
#45-12 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated September 19, 2011, and
the report and recommendation of the Chief of Police, dated January 27,
2012, approved for submission by the Mayor, the Council does hereby
approve of the request from American Multi-Cinema, Inc (a Missouri
corporation) to transfer ownership of an escrowed 2011 B Hotel
Licensed business with Dance Permit and Official Permit (Food) from
Advantage Landscape and Development Company, Inc , as well as the
request to transfer classification from a B Hotel License to a Class C
License and the request to transfer location (Governmental Unit) (MCL
436 1531(1)) from 31500 Wick, Romulus, MI 48174, Wayne County, for
a business located at 19500 Haggerty Road, Livonia, MI 48152, Wayne
County, and request for new Official Permit (Movie Theatre), and the
City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
A roll call vote was taken on the foregoing resolutions with the following result:
Regular Meeting Minutes of February 8, 2012 38152
AYES Katzman, McCann, Laura, Pastor, Robinson, Brosnan, and
Toy
NAYS None
On a motion by Brosnan, seconded by Robinson, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated December 15, 2011, which
transmits its resolution #12-73-2011, adopted on December 13, 2011,
with regard to Petition 2011-11-08-13 submitted by Jones Lang
LaSalle/Bank of America requesting approval of all plans in connection
with a proposal to construct a bank (Bank of America) on Buildable Area
"G" within the Livonia Marketplace Shopping Center, located on the
north side of Seven Mile Road between Middlebelt Road and
Purlingbrook Avenue in the Southeast 1/4 of Section 2, pursuant to the
provisions set forth in Section 18 58 of Ordinance No 543, as amended,
the Council does hereby concur in the recommendation made by the
Planning Commission and Petition 2011-11-08-13 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet No C-1 dated November 18,
2011, prepared by Kraft Engineering & Surveying, Inc , is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet No L-1 dated December
7, 2011, as revised, prepared by Kraft Engineering & Surveying,
Inc , is hereby approved and shall be adhered to,
3 That the Exterior Building Elevation Plan as prepared by Nelco
Architecture Corporation, marked A09 11A, dated November 22,
2011, as revised, showing brick on the upper part of the south
elevation of the building between the cornice and the metal panel
system, and as depicted on the color rendering submitted to the
City Council at its Study meeting on January 30, 2012, is hereby
approved and shall be adhered to,
4 That the revised Exterior Building Elevation Plan, showing three
(3) windows along the east (rear) elevation, marked A09 11B
dated November 22, 2011, as revised, prepared by Nelson, is
hereby approved and shall be adhered to,
5 That the brick used in the construction shall be full face four (4")
inch brick,
6 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
Regular Meeting Minutes of February 8, 2012 38153
character, material and color to other exterior materials on the
building,
7 That the three walls of the trash dumpster area 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,
8 That this site shall meet either the City of Livonia or the Wayne
County Storm Water Management Ordinance, whichever applies,
and shall secure any required 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 Natural
Resources and Environment (DNRE),
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 all conditions imposed by Council Resolution #429-08 shall
remain in effect to the extent that they are not in conflict with the
foregoing conditions,
12 That the specific plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for; and,
13 Pursuant to Section 1910 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
Following discussion by Council of the proposed resolution,
Councilmember Kritzman requested a friendly amendment to the above resolution to
add the condition that the material used along the bottom portion of the entire
proposed building be of stone material rather than burnished brick.
Brosnan accepted Kntzman's friendly amendment to the proposed
resolution
Regular Meeting Minutes of February 8, 2012 38154
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was
#46-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 15, 2011, which
transmits its resolution #12-73-2011, adopted on December 13, 2011
with regard to Petition 2011-11-08-13 submitted by Jones Lang
LaSalle/Bank of America requesting approval of all plans in connection
with a proposal to construct a bank (Bank of America) on Buildable Area
"G" within the Livonia Marketplace Shopping Center, located on the
north side of Seven Mile Road between Middlebelt Road and
Purlingbrook Avenue in the Southeast 1/4 of Section 2, pursuant to the
provisions set forth in Section 18 58 of Ordinance No 543, as amended,
the Council does hereby concur in the recommendation made by the
Planning Commission and Petition 2011-11-08-13 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet No C-1 dated November 18,
2011, prepared by Kraft Engineering & Surveying, Inc , is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet No L-1 dated December
7, 2011, as revised prepared by Kraft Engineering & Surveying,
Inc , is hereby approved and shall be adhered to,
3 That the Exterior Building Elevation Plan as prepared by Nelco
Architecture Corporation, marked A09 11A, dated November 22,
2011, as revised, showing brick on the upper part of the south
elevation of the building between the cornice and the metal panel
system, and as depicted on the color rendering submitted to the
City Council at its Study Meeting on January 30, 2012, is hereby
approved and shall be adhered to,
4 That the revised Exterior Building Elevation Plan, showing three
(3) windows along the east (rear) elevation, marked A09 11B
dated November 22, 2011, as revised, prepared by Nelson, is
hereby approved and shall be adhered to,
5 That the material used along the bottom portion of the entire
building shall be of stone material rather than burnished brick,
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 a compatible
Regular Meeting Minutes of February 8, 2012 38155
character, material and color to other exterior materials on the
building,
8 That the three walls of the trash dumpster area 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 this site shall meet either the City of Livonia or the Wayne
County Storm Water Management Ordinance, whichever applies,
and shall secure any required 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 Natural
Resources and Environment (DNRE),
10 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,
11 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the
windows,
12 That all conditions imposed by Council Resolution #429-08 shall
remain in effect to the extent that they are not in conflict with the
foregoing conditions,
13 That the specific plan 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 1910 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
Jason Wagner, Nelson & Associates, 100 N Broadway, St. Louis, MO, 63102, was
present on behalf of the Petitioner to answer any questions of Council
On a motion by Brosnan, seconded by Pastor, it was
#47-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 15, 2011, which
transmits Petition 2011-11-08-13 submitted by Jones Lang LaSalle/Bank
Regular Meeting Minutes of February 8, 2012 38156
of America requesting approval of all plans in connection with a proposal
requesting approval to construct a bank (Bank of America) on Buildable
Area "G" within the Livonia Marketplace Shopping Center, located on the
north side of Seven Mile Road between Middlebelt Road and
Purlingbrook Avenue in the Southeast 1/4 of Section 2, pursuant to the
provisions set forth in Section 18 58 of Ordinance No 543, as amended,
the Council does hereby waive the twelve foot (12') width requirement
set forth in Section 11 03(c)(3)d of Zoning Ordinance No 543, as
amended, to allow for a minimum nine-foot (9') width for all three drive-
up lanes and the bypass lane for drive-thru traffic
A roll call vote was taken on the foregoing resolution with the following result:
AYES Kritzman, McCann, Laura, Pastor, Robinson, Brosnan, and
Toy
NAYS None
President Toy declared the resolution adopted
On a motion by McCann, seconded by Pastor, and unanimously
adopted, it was
#48-12 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
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDMENT ADDING SECTION 190 OF TITLE 15,
CHAPTER 36 (GRADING AND SOIL EROSION CONTROL) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED, ADDRESSING
FLOODPLAIN MANAGEMENT
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
McCann 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 Kritzman, McCann, Laura, Pastor, Robinson, Brosnan, and
Toy
NAYS None
Regular Meeting Minutes of February 8, 2012 38157
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
During Audience Communication, Ron Churchill, 52811 Mound Road,
Shelby Township, addressed Council to express concern for protecting Livonia
citizens and encouraged Council to adopt a resolution banning the installation of
Smart Meters within the community Mr Churchill indicated Council has been elected
to serve the public and residents have expressed their concerns and objections to
Smart Meters coming in to the community and encouraged Council to protect its
residents
Pauline Holeton, 2392 Barclay Avenue, Shelby Township, addressed
Council to express there are no mandates in place for the installation of Smart Meters
Ms Holteon expressed concern for residents because of the health risks involved as a
result of the radiation emitted by Smart Meters Ms Holeton asked Council to host a
televised meeting with representatives from DTE Energy to answer any questions or
concerns of residents and encouraged Council to adopt a resolution to protect the
citizens of Livonia
John Holeton, 2392 Barclay Avenue, Shelby Township, encouraged
Council to explore the medical studies that have been produced illustrating radiation
levels are harmful to the health of citizens Mr Holeton stated the amount of radiation
emitted by Smart Meters has yet to be determined and they are not mandatory, as he
has learned from the Michigan Public Service Commission Mr Holeton urged
Council to adopt a resolution to protect Livonia citizens
Ron Yarbrough, 33428 Richland Street, Livonia, addressed Council to
inquire what differences were made in the 2012 edition of the International Property
Maintenance Code book as opposed to the 1997 Code book.
Brosnan offered congratulations to City Engineer, Todd Zilincik, and the
entire Engineering Department for their dedicated work in obtaining a grant from the
Michigan Department of Environmental Quality in the amount of $977,000 for the
installation of equipment for televising sewer lines as well as the cleaning of same that
took place in April, 2011 Brosnan also congratulated City Planner and Economic
Development Director, Mark Taormina, as well as Mayor Kirksey, for their dedicated
efforts and assistance in bringing Trinity Health to Livonia Brosnan indicated Trinity
Health is scheduled to relocate its corporate offices to Livonia along Victor Parkway in
January, 2013, and indicated these endeavors will greatly benefit all of the citizens of
Livonia
President Toy announced the University of Michigan will be developing a
portion of the vacant land located at the Seven Mile and Haggerty Road intersection
and will be putting in a large medical facility on that property President Toy thanked
all those who help make the Livonia community a great place to live
Regular Meeting Minutes of February 8, 2012 38158
Robinson wished a Happy Birthday to his wife, Julie, and wished his
grandmother a Happy 99th birthday as well
On a motion by McCann, seconded by Laura, and unanimously adopted,
this 1,698th Regular Meeting of the Council of the City of Livonia was adjourned at
9 04 p m
Terry arecki, City Clerk