HomeMy WebLinkAboutCOUNCIL MINUTES 2012-02-22 38160
MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETY NINTH
REGULAR MEETING OF FEBRUARY 22, 2012
L. On February 22, 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 McCann led the meeting with the Pledge
of Allegiance
Roll was called with the following result: James McCann, Joe Laura,
John Pastor, Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, 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, Alex Bishop, Director of Inspection, Mike Slater,
Director of Finance, Jim Inglis, Executive Director of Housing Commission, and Mayor
Jack Kirksey
On a motion by Robinson, seconded by Pastor, and unanimously
adopted, it was.
#49-12 RESOLVED, that the Minutes of the 1,698th Regular
Meeting of the Council held February 8, 2012, are hereby approved as
submitted
On a motion by Pastor, seconded by Laura, and unanimously adopted, it
was
#50-12 RESOLVED, at the request of Council Vice President John
Pastor, and upon discussion of Council, the Council does hereby refer
the subject matter of the Spree trailer and obtaining a permanent home
for same to the Committee of the Whole for its report and
recommendation
Brosnan announced the Infrastructure and Community Transit
Committee will meet on Monday, March 19, 2012, at 7 00 p.m in Council Chambers
Regular Meeting Minutes of February 22, 2012 38161
on the Second Floor of City Hall to discuss the issue of Smart Meters Brosnan
indicated representatives from DTE Energy and the Michigan Public Service
Commission have been invited to participate in the meeting, although the Michigan
Public Service Commission will not be attending, and encouraged residents to attend
the meeting to ask any questions they may have
President Toy requested a moment of silence and offered condolences
to the Raymond family following the sudden, recent passing of Justine Raymond, wife
of Jerry Raymond President Toy indicated Ms Raymond was an active community
member who did extensive volunteer work to make the Livonia community a better
place to live and would be missed by all
Vice President Pastor requested a moment of silence in honor of the
passing of Mayor Kirksey's sister-in-law, Marie Young, and offered condolences to the
Kirksey family for their loss
Mayor Kirksey introduced Jim Butler, CEO of Marycrest Manor Heights,
and presented Mr Butler with the Community Enhancement Award on behalf of the
Chamber of Commerce
Jim Butler, CEO of Marycrest Manor Heights, thanked Mayor Kirksey
and the Chamber of Commerce for their award and indicated recent construction
completed at Marycrest now offers 60 apartments with many amenities for senior
residents including a heated underground parking garage, weekly and monthly
activities, media room, barber shop, beauty salon and most units feature a patio or
balcony Mr Butler thanked the Franciscan sisters for all of their dedicated help as
well as the countless volunteers who have assisted to make Marycrest Manor such a
huge success Mr Butler indicated they will celebrate their 50th year on September
12th and their community will have many activities scheduled throughout the year to
honor same
Mayor Kirksey announced the City's Spring 2012 Newsletter will include
an article addressing the expiration of the Road Millage adopted in 2002. Mayor
Kirksey indicated the Road Millage adopted by voters was for a ten year period and
will expire at the end of this year Mayor Kirksey expressed his intent to address the
matter before Council at their Study meeting of March 26th and vote on the matter at
their Regular Meeting of April 4th in order to decide if the Road Millage will be put on
the August ballot for voters to decide
Todd Zilincik, City Engineer, announced the City will host a meeting to
discuss the Michigan Department of Transportation's Road Reconstruction Project
scheduled to begin in 2013 for the 1-96 Expressway, from Newburgh Road to
Telegraph Road Mr Zilincik indicated the meeting will take place on Thursday, March
1, 2012, from 5 30 to 7 30 pm on the Fifth Floor of City Hall and encouraged
residents and business owners to attend the meeting to provide their input.
Regular Meeting Minutes of February 22, 2012 38162
President Toy announced the following six (6) Public Hearings to be held
on Monday, March 12, 2012, at 7 00 p m in the Auditorium of the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan
4iimo Petition 2011-11-06-03 submitted by the City Planning Commission,
pursuant to Section 23 01(B) of the Livonia Zoning Ordinance No 543,
as amended, proposing to amend Section 2 11 of Article II, Flood Plain
Terms, and Sections 28 01, 28 02, 28 03 and 28 04 of Article XXVIII,
Special Flood Hazard Area Regulations so as to adopt new regulations
listed in the Federal Government's Code of Federal Regulations,
Petition 2012-01-06-01 submitted by the City Planning Commission,
pursuant to Section 23 01(B) of the Livonia Zoning Ordinance No 543,
as amended, proposing to amend Section 1 04 of Article I, Enabling
Authority, in order to make proper reference to the State of Michigan's
current Planning and Zoning Enabling Acts,
Petition 2012-01-06-02 submitted by the City Planning Commission,
pursuant to Section 23 01(B) of the Livonia Zoning Ordinance No 543,
as amended, proposing to amend Section 2 02, 2 03, 2 06, 2 07, 2 08
and 2 10 of Article II, Definitions, in, order to make revisions to the
Definitions of General Zoning Terms, Definitions Pertaining to Rights-of-
Way and Public Utilities, Definitions Pertaining to Lots and Areas,
Definitions Pertaining to Types of Dwellings, Definitions of Terms
Relating to Commercial Buildings and Uses, and Definitions of
Miscellaneous Terms,
Petition 2012-01-06-03 submitted by the City Planning Commission,
pursuant to Section 23 01(B) of the Livonia Zoning Ordinance No 543,
as amended, proposing to amend Section 3 02, 3 04 and 3 05 of Article
III, Zoning Districts, in connection with Adoption of the Zoning Map,
Sections of the Zoning Map, and Amendments of the Zoning Map,
Petition 2012-01-06-04 submitted by the City Planning Commission,
pursuant to Section 23 01(B) of the Livonia Zoning Ordinance No 543,
as amended, proposing to amend Sections 4 02 and 4 08 of Article IV,
R-1 Through R-5 District Regulations, in order to eliminate the three
quarter (3/4) ton weight restriction for vehicles that can be housed in a
private garage, make proper citation to Michigan Compiled Laws in
connection with family day care homes, and increase the allowable lot
coverage, and
Petition 2012-01-06-05 submitted by the City Planning Commission,
pursuant to Section 23 01(B) of the Livonia Zoning Ordinance No 543,
as amended, proposing to amend Sections 5 02 and 5 11 of Article V, R-
U-F District Regulations, in order to eliminate redundant and conflicting
language with respect to certain accessory buildings or structures and
uses, and to increase the allowable lot coverage
Regular Meeting Minutes of February 22, 2012 38163
President Toy indicated the Council received a letter from Leapers, Inc.
informing them they have recently hired 14 new employees, increasing their staff from
39 to 53 employees President Toy wished Leapers, Inc. much success in all of their
business endeavors and congratulated them on their increased business
During Audience Communication, the following individuals spoke in
opposition to the installation of Smart Meters in Livonia
Marguerite Gwizdala, 9870 Seltzer Street, Livonia,
Chaplain Doctor Charlene H Berry, 49615 Linden St., Plymouth,
Russell Morphew, 29146 Roycroft, Livonia,
Donna Williams, 7451 Lafayette, Dearborn Heights,
Pauline Holeton, 2392 Barclay Avenue, Shelby Township,
Suzanne Yarbrough, 33428 Richland Street, Livonia,
John Holeton, 2392 Barclay Avenue, Shelby Township, and
John Tatar, 16451 Savoie, Livonia
A communication from the Planning Department, dated February 9,
2012, re minor site plan modifications for the Livonia Market Place, was received and
placed on file for the information of the Council (Petition 2008-06-02-20) (CR 378-08,
CR 429-08, and CR 536-08)
On a motion by Brosnan, seconded by McCann, and unanimously
adopted, it was
#51-12 RESOLVED, that having considered a letter from Mike
Horback, President, Michelle Horback Palgut Memorial Fund, dated
January 31, 2012, with the accompanying information, the Council does
hereby take this means to indicate that the Michelle Horback Palgut
Memorial Fund is recognized as a non-profit organization operating in
the community, and the action herein being taken for the purpose of
affording the Michelle Horback Palgut Memorial Fund an opportunity to
obtain a charitable gaming license or registration from the State of
Michigan in accordance with provisions of State statute
#52-12 RESOLVED, that having considered a communication from
the City Clerk, dated January 27, 2012, forwarding an application
submitted by Jennifer Lei Hunter, 33074 Benson Drive, Westland,
Michigan 48185, for a massage therapist permit and in accordance with
Chapter 5 49 of the Livonia Code of Ordinances, as amended, the
Council does hereby approve this request in the manner and form herein
submitted, and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
Regular Meeting Minutes of February 22, 2012 38164
#53-12 RESOLVED, that having considered a communication from
the Mayor, dated February 2, 2012, concerning the reappointment of
Jacob Ghannam to the Board of Ethics, and pursuant to Section
2 200 070 of the Livonia Code of Ordinances, as amended, the Council
does hereby consent to and confirm the reappointment of Jacob
Ghannam, 35202 Curtis, Livonia, Michigan 48152, to the Board of Ethics
for a three year term commencing March 1, 2012, and expiring March 1,
2015
#54-12 RESOLVED, that having considered a communication from
the Mayor, dated February 2, 2012, concerning the reappointment of
Audrey Greenleaf to the Board of Ethics, and pursuant to Section
2.200 070 of the Livonia Code of Ordinances, as amended, the Council
does hereby consent to and confirm the reappointment of Audrey
Greenleaf, 37721 Bristol, Livonia, Michigan 48154, to the Board of Ethics
for a three year term commencing March 1, 2012, and expiring March 1,
2015
#55-12 RESOLVED, that having considered the report and
recommendation of the Interim Superintendent of Parks and Recreation,
dated February 1, 2012, 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 Corporate Dining Concepts, 1645 W Hamlin
Road, Rochester Hills, MI 48309, to supply the Parks and Recreation
Department with beverage and snack vending service at the Livonia
Community Recreation Center for a three-year term commencing on
May 1, 2012, through April 30, 2015, with Corporate Dining Concepts to
pay the City a portion of their revenue from such vending machines as
detailed in their proposal, the same having been the most advantageous
bid received by the City for this item, and the Mayor and City Clerk are
hereby authorized to execute an agreement for and on behalf of the City
of Livonia with the aforesaid bidder, subject to approval as to form by the
Department of Law, and to do all other things necessary or incidental to
the full performance of this resolution
#56-12 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated January 30, 2012, which is approved for submission by the Mayor,
and which indicates that the Housing Commission has recommended
adjustments in the admission income limits for Silver Village, Newburgh
Village and City-owned homes, the Council does hereby concur and
approve of the recommended action with respect to admission income
limits and does hereby approve the following adjustments.
ADMISSION
Present Income LimitsRevised Income Limits
Regular Meeting Minutes of February 22, 2012 38165
One Person $37,200 $36,600
Two Persons $42,500 $41,800
Three Persons $47,800
Four Persons $53,100 $52,250
Five Persons $57,350 $47,050
$56,450
Six Persons $61,600 $60,650
#57-12 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 one (1) 4-wheel drive tractor with a 200CX
Loader attachment, a 46 Backhoe attachment and Enviro-Rim tires from
Thesier Equipment Company, 28342 Pontiac Trail, South Lyon,
Michigan 48178, for a total price of $21,963 87, 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
#58-12 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated January 19, 2012, approved for submission by the Mayor, with
regard to a request from the Wayne County Department of Public
Services that the City take jurisdiction and control of the entire on-site
storm sewer collection system to be constructed by the owner of the
property, at their expense, as part of the development of the property
located on the south side of Five Mile Road, west of Inkster Road in the
Northeast 1/4 of Section 24, the Council does hereby determine as
follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans, and further that the City will accept jurisdiction
and maintenance (at no expense to the County) of the entire on-
site storm sewer collection system within the property located on
the south side of Five Mile Road, west of Inkster Road in the
Northeast 1/4 of Section 24 (see attached letter from the owner,
Leo Soave Building Company, 20592 Chestnut Circle, Livonia,
Michigan 48152, indicating its willingness to reimburse the City for
any such maintenance that may become necessary),
2 To authorize the City Engineer to execute a Wayne County permit
on behalf of the City of Livonia in connection with the above storm
sewer construction,
Regular Meeting Minutes of February 22, 2012 38166
3 To authorize the Mayor to execute the storm water facilities
maintenance agreement on behalf of the City
#59-12 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 13, 2011, and
the report and recommendation of the Chief of Police, dated February 8,
2012, approved for submission by the Mayor, the Council does hereby
approve of the request from KIMJ, Inc. for transfer of ownership of a
2011 SDD and SDM licensed business from Newburgh Group, Inc., for
the business located at 15365 Newburgh, Livonia, Michigan 48154,
Wayne County, inasmuch as the same would meet all local statutory and
ordinance requirements, 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:
AYES McCann, Laura, Pastor, Robinson, Brosnan, Kritzman, and
Toy
NAYS None
Vice President Pastor provided a verbal update on the request to replace
the ground signs of the medical center located at 37595 Seven Mile Road, as
submitted by ASI Signage Innovations, and indicated the Petitioner would submit a
new signage proposal in the future and the item would remain in the Committee of the
Whole at this time (Petition 2011-08-SN-01)
Vice President Pastor provided a verbal update on the change of zoning
of property located on the Southeast 1/4 of Section 30, as submitted by Danilo
Josifoski, from RUF to R-9 1 and indicated it was the report and recommendation of
the Committee of the Whole the matter be discharged
On a motion by Pastor, seconded by McCann, and unanimously
adopted, it was
#60-12 RESOLVED, that having received the report and
recommendation of the Committee of the Whole, 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 1, is hereby
discharged from the Committee of the Whole
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 50D OF ARTICLE XVIII OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE. (Petition 2011-10-06-02)
Regular Meeting Minutes of February 22, 2012 38167
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 Finance, dated February 15,
2012, re additional information on the request to amend the Credit Card Policy, was
received and placed on file for the information of the Council (CR 161-05)
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was.
#61-12 RESOLVED, that having considered a communication from
the Director of Finance, dated February 1, 2012, approved for
submission by the Mayor, requesting an amendment to the Credit Card
Policy, as set forth in CR 161-05, adopted on April 13, 2005, regulating
credit card transactions and a subsequent communication from the
Director of Finance, dated February 15, 2012, approved for submission
by the Mayor, the Council does hereby concur and approve of the
requested amendment and the Credit Card Policy is hereby amended to
add a new item 11, which shall read as follows.
"Notwithstanding the limitations set forth in paragraph 9,
purchases made pursuant to a corporate rewards program
through a credit card maintained in Accounts Payable shall not be
restricted by credit limitations Furthermore, the rebate credits
earned pursuant to a corporate rewards program shall be
deposited into the fund from which the corresponding purchase
was made "
On a motion by Pastor, seconded by Kritzman, and unanimously
adopted, it was
#62-12 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
February 1, 2012, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and to which is attached a
report containing an explanation of the proposed 2012-2013 Community
Development Block Grant (CDBG) Program and tentative Budget, the
Council does hereby take this means to indicate its informal approval of
the proposed program and tentative budget and does further authorize
Regular Meeting Minutes of February 22, 2012 38168
the Housing Commission to conduct a second public hearing on this
matter for public comment and to thereafter prepare a final program and
Budget for submission to the City Council.
A communication from the Inspection Department, dated February 16,
2012, re assessed property value of property located at 18305 Melvin, was received
and placed on file for the information of the Council
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#63-12 RESOLVED, that having considered a communication from
the Hearing Officer, dated January 9, 2012, submitted by the Director of
Inspection and approved for submission by the Mayor, with regard to a
request to demolish the residential structures and detached garage
located at 18305 Melvin, Livonia, Michigan, the legal description of which
is as follows
Northerly 100 feet of Lot 15, part of lot 4 of the Northeast 1/4 of Section
11, Town 1 South, Range 9 East, Livonia Township, Wayne County,
Michigan as recorded in Liber 1337 of Deeds, Page 473, more
particularly described as the Southerly 100 feet of the Northerly 2100
feet of the following described parcel i e , beginning at a point in the East
and West 1/4 line of Section 11, distant South 89 degrees, 00 minutes
West, 1784 46 feet from the East 1/4 post of Section 11, thence North 0
degrees, 50 minutes East, 2400 8 feet; thence North 89 degrees, 00
minutes east, 215 feet; thence South 0 degrees, 50 minutes West,
2400 6 feet to the East and West 1/4 line, thence South 89 degrees, 00
minutes West, 215 feet along the East and West % line to the point of
beginning, except the Southerly 10 feet thereof deeded to the Board of
County Road Commissioners, Tax ID No 46-041-99-0059-000
and the Council having conducted a public hearing with regard to this
matter on February 13, 2012, and based upon the testimony and
evidence presented, and having reviewed the file and the order for
demolition of the Hearing Officer, the Council does hereby determine, in
accordance with the provisions set forth in Chapter 15 52 (Dangerous
Buildings) of the Livonia Code of Ordinances, as amended, to concur in
and approve the order of demolition of the Hearing Officer; FURTHER,
the Director of Inspection is hereby authorized to do all things necessary
to accomplish the demolition of the said structures on or after March 8,
2012, in accordance with provisions of City Ordinance and law, the cost
of which is to be borne by the owner(s) of the said property in
accordance with Section 15 52 180 of the Livonia Code of Ordinances.
Regular Meeting Minutes of February 22, 2012 38169
On a motion by Brosnan, seconded by Kritzman, and unanimously
adopted, it was.
#64-12 RESOLVED, that having considered a communication from
the Interim Superintendent of Parks and Recreation, dated February 1,
2012, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does, for and on
behalf of the City of Livonia, accept various gifts and cash donations, in
the total amount of $8,423 00, from the sources indicated therein for use
by the Department of Parks and Recreation as indicated in the aforesaid
communication; FURTHER, the Council does hereby appropriate and
credit the amount of $1,205 00 to Account No 208-000-690-010 and
$7,218 00 to Account No 702-285-125 for the purposes as designated
by the donors
During Audience Communication, Ron Yarbrough, 33428 Richland
Street, addressed Council to express his opposition to the installation of Smart Meters
pursuant to House Bill 5411
Frank Anooma, 17490 Edgewood, addressed Council to inquire if the
City has researched installing additional LED lighting throughout the community in an
effort to help conserve energy and save money
On a motion by McCann, seconded by Pastor, and unanimously
adopted, this 1,699th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 25 p m
A \ A 1L Lott_e
Terry(A). Marecki, City Clerk