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Home My WebLink AboutSYNOPSIS - 2011-11-16 rd SYNOPSIS OF THE MINUTES OF THE 1,693 REGULAR MEETING LIVONIA CITY COUNCIL – NOVEMBER 16, 2011 Meeting was called to order at 8:00 p.m. Present: Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, Laura Toy, and James McCann. Absent: Maureen Miller Brosnan. #368-11 Resolution by Pastor and Toy, unanimously adopted, approving the MAD nd minutes of the 1,692 Regular Meeting of the Council held November 2, 2011. FAT President McCann announced there will be a Public Hearing for the following item to be held in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI: Monday, December 5, 2011 at 7:00 p.m. 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. President McCann announced there are several Agenda Items with new data and the Chair will receive and file them at the appropriate time. AUDIENCE COMMUNICATION: Marguerite Gwizdala was present on behalf of Clara Adams, 9938 Stark Road, she distributed a handout to Council on the topic of Smart Meters. Mayor Kirksey responded by stating there are no active Smart Meters in Livonia. Pauline Holeton, 2392 Barclay, Shelby Township, expressed her concerns regarding Smart Meters and her wish to not have them in Livonia. She distributed a CD to Council on the subject and asked Council to adopt a resolution prohibiting Smart Meters in Livonia. John Holeton, 2392 Barclay, Shelby Township, read and distributed a formal legal notice of liability to Council regarding Smart Meters in Livonia. The following items were received and filed: 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. rd SYNOPSIS OF THE MINUTES OF THE 1,693 REGULAR MEETING 2 LIVONIA CITY COUNCIL – November 16, 2011 Communication from the Department of Law, dated November 4, 2011, re: Petition 2011-08-01-05 to rezone properties located at 19700 and 19860 Haggerty Road. Communication from the Department of Law, dated November 10, 2011, re: Petition 2011-10-01-07 to rezone property located at 19401 Victor Parkway. Communication from the Department of Law, dated November 14, 2011, re: the latest time a movie shall start at the AMC Theater. (Petition 2011-08-02-12) Communication from Rich Gabbel, dated November 13, 2011, re: Petition 2011-08-02- 12 for waiver use approval to utilize a Class C liquor license at 19500 Haggerty Road. Communication from the Planning Commission, dated November 3, 2011, re: Petition 2011-07-01-03 to rezone property located at 14341 Henry Ruff. Petition for Senior Housing at 37630 Plymouth Road received in the office of City Clerk on November 9, 2011, re: Petition 2011-07-01-04. Communication from Patricia and Gary Seleski, dated November 9, 2011, re: Petition 2011-07-01-04. Letter of opposition from various individuals, dated October 16, 2011, re: Petition 2011- 07-01-04. Communication from the Planning Commission, dated November 10, 2011, re: indicating that a valid protest exists. (Petition 20-11-07-01-04) Communication from Jorgo Stojanov, dated November 12, 2011, re: Petition 2011-07- 01-04. Communication from Patricia and Gary Seleski, dated November 16, 2011, re: Petition 2011-07-01-04. Communication from Jason McMahan, dated November 14, 2011, re: Petition 2011-07- 01-04. The following resolutions were offered by Meakin and Pastor: MAD #369-11 Authorizing the City Treasurer to petition the Circuit Court for the County FAT of Wayne to cancel delinquent personal property taxes that the City has deemed as being unable to collect after five years; in accordance with provisions of State Statute. #370-11 Authorizing the Mayor and City Clerk for and on behalf of the City of MAD Livonia, to execute the Fiscal Year 2012 Municipal Credit Contract between SMART FAT and the City of Livonia for the period July 1, 2011 to June 30, 2012, with all Credits to ComRes be used for the Livonia Community Transit Program. rd SYNOPSIS OF THE MINUTES OF THE 1,693 REGULAR MEETING 3 LIVONIA CITY COUNCIL – November 16, 2011 #371-11 Authorizing the purchase of 300 buckets of Pulsar Briquettes from B & B MAD FAT Pools and Spas, 29440 Six Mile Road, Livonia, MI 48152, for a price of $105.00 per P&R bucket for a total price of $31,500.00 through November 30, 2012, for use at the Community Recreation Center, Botsford, Clements Circle and Shelden Pools; FURTHER, authorizing an expenditure of $31,500.00. (CR 316-10) #372-11 Accepting the unit price bids meeting all specifications of Allgraphics MAD Corporation, 28960 E. King William Dr., Farmington Hills, MI 48331, for 11 items of FAT clothing; and Kelgraphics, 110 W. River St., Cadillac, MI 49601, for 8 items of clothing; P&R and Active Embroidery & Silkscreen, 19643 Prince Dr., Macomb, MI 48044, for 1 item of clothing; and World of Promotions, 1310 Louis Ave., Elk Grove Village, IL 60007, for 1 item of clothing, to supply Parks and Recreation Department for the 2012 Fiscal Year; FURTHER, authorizing the purchases from budgeted funds. MAD #373-11 Approving an increase in Greens Fees for Fox Creek, Idyl Wyld and FAT P&R Whispering Willows Golf Courses, effective December 1, 2011. MAD #374-11 Approving an increase in Outdoor Swim Lesson Fees, effective December FAT 1, 2011. P&R #375-11 Referring the subject of Title 15, Chapter 51 (Vacant and Abandoned MAD Structures) of the Livonia Code of Ordinances to the Committee of the Whole for its FAT Insp report and recommendation. OrdEnf A roll call vote was taken on the foregoing resolutions: AYES: Schwartz, Pastor, Meakin, Laura, Toy, and McCann. NAYS: None. Toy gave SECOND READING to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (CRS 289-11, 337-11 and Petition 2011-08-03-02) A roll call vote was taken on the foregoing Ordinance: AYES: Schwartz, Pastor, Meakin, Laura, Toy, and McCann. NAYS: None. 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) rd SYNOPSIS OF THE MINUTES OF THE 1,693 REGULAR MEETING 4 LIVONIA CITY COUNCIL – November 16, 2011 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) Pastor invoked the EMERGENCY CLAUSE and gave SECOND READING to the foregoing Ordinance, and a roll call vote was taken: AYES: Schwartz, Pastor, Meakin, Laura, Toy, and McCann. NAYS: None. MAD #376-11 Resolution by Meakin and Schwartz, unanimously adopted, approving FAT plans submitted by Northern Equities Group on behalf of Infineon Technologies in Planning connection with Petition 2011-10-08-09, to construct an office building at 19401 Victor Insp Eng Parkway, subject to conditions. MAD #377-11 Resolution by Pastor and Toy, approving an increase in membership fees FAT for the Livonia Community Recreation Center effective December 1, 2011. P&R A roll call vote was taken on the foregoing resolution: AYES: Pastor, Meakin, Laura, Toy, and McCann. NAYS: Schwartz. MAD #378-11 Resolution by Pastor and Meakin, unanimously adopted, referring the FAT subject of Livonia Community Recreation Center membership fee increases to the P&R Public Safety, Education and Recreation Committee for its report and recommendation. MAD #379-11 Resolution by Meakin and Schwartz, approving Petition 2011-08-02-12, FAT waiving the 1,000 foot separation requirement to utilize a Class C liquor license in Planning connection with a multi-screen movie theatre (AMC Livonia 20), located at 19500 Insp Haggerty Road, subject to conditions. Police Fire A roll call vote was taken on the foregoing resolution: AYES: Schwartz, Pastor, Meakin, Laura, and McCann. NAYS: Toy. MAD FAT #380-11 Resolution by Schwartz and Meakin, unanimously adopted, approving Planning Petition 2011-07-01-03, submitted by Kucyk, Soave and Fernandes, P.L.L.C., for a Insp change of zoning of property located at 14341 Henry Ruff. Eng #381-11 Resolution by Pastor and Meakin, approving a change of zoning of MAD FAT property located on the SE ¼ of Sec. 30, from RUF to R-9, in connection with Petition Planning 2011-07-01-04; FURTHER, instructing the City Planner to cause the necessary map for Insp publication to be prepared indicating the zoning change and provide same to the Eng Department of Law for their preparation of an ordinance amending Ordinance 543. rd SYNOPSIS OF THE MINUTES OF THE 1,693 REGULAR MEETING 5 LIVONIA CITY COUNCIL – November 16, 2011 A roll call vote was taken on the foregoing resolution: AYES: Pastor, Meakin, Toy and McCann. NAYS: Schwartz and Laura. MAD FAT Planning #382-11 Resolution by Pastor and Toy, unanimously adopted, referring Petition Insp 2011-07-01-04 to the Committee of the Whole for its report and recommendation. Eng #383-11 Resolution by Pastor and Toy, directing that a closed Committee of the MAD Whole meeting be held for the purposes of discussing pending litigation matters and FAT attorney/client privileged communications with respect to 20255 and 20555 Development Assoc., LLC 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. NAYS: None. #384-11 Resolution by Pastor and Schwartz, directing that a closed Committee of MAD the Whole meeting be held for the purposes of discussing pending litigation matters and FAT attorney/client privileged communications with respect to 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. NAYS: None. AUDIENCE COMMUNICATION: Pauline Holeton, 2392 Barclay, Shelby Twp., said people should be allowed their time to speak and Ms. Adams letter should have been read into the record. Jeff Lytle, 11891 Newburgh Road, asked where he could obtain occupancy statistics for the Livonia Senior Housing. President McCann told Lytle to contact the Council Office. John Holeton, 2392 Barclay, Shelby Twp., expressed his concern regarding time constraints for audience members to address Council. He feels Smart Meters should be addressed in more depth and at length. President McCann stated he has been more than fair allowing members of the audience to have their time to speak. rd By Meakin and Schwartz, unanimously adopted, adjourning this 1,693 Regular Meeting of the Council of the City of Livonia at 9:20 p.m. on November 16, 2011. TERRY A. MARECKI CITY CLERK *The foregoing is a summary of the Council’s proceedings in synopsis form as authorized by CR 1158-68. The full text of the official minutes of this meeting is on file in the Office of the City Clerk and is available to the public upon request.