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HomeMy WebLinkAboutSYNOPSIS - 2012-11-07 th SYNOPSIS OF THE MINUTES OF THE 1,716 REGULAR MEETING LIVONIA CITY COUNCIL – NOVEMBER 7, 2012 Meeting was called to order at 8:00 p.m. Present: Maureen Miller Brosnan, Brandon Kritzman, James McCann, Joe Laura, John Pastor, and Laura Toy. Absent: Thomas Robinson. President Toy announced that Councilmember Thomas Robinson made it through his surgery today successfully; she said thoughts and prayers go out to him and his family and wished him a speedy recovery. th MAD #435-12 Resolution by Brosnan and Kritzman, approving the minutes of the 1,715 FAT Regular Meeting of the Council held October 24, 2012. A roll call vote was taken on the foregoing resolution: AYES: Brosnan, Kritzman, McCann, and Toy. NAYS: None. PRESENT: Pastor. ABSTAIN: Laura. Councilmember McCann along with Mayor Kirksey presented Tim Klisz, Vice President, th Livonia Bar Association, with a tribute for their 50 Anniversary and congratulated them. Tim Klisz accepted the tribute on behalf of the Livonia Bar Association. He said they th had a wonderful 50 Anniversary celebration. He thanked the Mayor and Council for the recognition on behalf of the Livonia Bar Association. President Toy thanked Terry Marecki, City Clerk, and her staff for all their hard work on the election. Terry Marecki, City Clerk, thanked her staff for all of their hard work. She said this was a major event, she hired around 500 employees to work on the election, she noted that some of the people hired were high school students and said she received a very favorable report on their hard work from the veteran poll workers. Laura said he was here last night until 11:30 p.m. and saw first-hand how efficiently the City Clerk and her staff worked on the election. He said it was very impressive, especially the next morning when some of the people he works with were looking for the election results from their communities and had difficulty finding results; he said he was able to just print off the results from the City of Livonia’s website at 9:00 a.m. and that impressed him. President Toy wished Mary Carter, former Livonia resident, a Happy Birthday; she is 100 years old. She now resides in Florida but still has many friends and family in the community. th SYNOPSIS OF THE MINUTES OF THE 1,716 REGULAR MEETING 2 LIVONIA CITY COUNCIL – November 7, 2012 th President Toy also wished her sister Carol a Happy 55 Birthday. President Toy thanked all the Veterans for their service to our country, she reminded everyone that Veteran’s Day is Sunday, November 11, 2012 and is being observed on Monday, November 12, 2012, to honor them; City offices will be closed. President Toy announced that City offices will also be closed Thursday, November 22, 2012 and Friday, November 23, 2012, for the Thanksgiving holiday. President Toy announced there is new data on Items #13, #15, #16, #17 and #19. Item #19 was removed from the Agenda and there is an X-Item that will be discussed following tonight’s Agenda. Vice-President Pastor announced three (3) Public Hearings to be held Monday, November 26, 2012, at 6:45 p.m., in the Auditorium of Livonia City Hall, 33000 Civic Center Drive, Livonia, MI for the following items: Petition 2012-03-06-06 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 9.02 and 9.03 of Article IX, OS (Office Services) District Regulations, in order to modify the types of permitted and waiver uses including, but not limited to, real estate and insurance offices, offices of fraternal or religious organizations, and offices of clubs and lodges. Petition 2012-03-06-07 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 10.02 and 10.03 of Article X, C-1 (Local Business) District Regulations, in order to clarify and make certain changes to the types of permitted and waiver uses including, but not limited to, various retail stores, personal service establishments, office businesses, veterinary clinics, SDD licensed establishments, and restaurants. Petition 2012-03-06-08 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 11.02 and 11.03 of Article XI, C-2 (General Business) District Regulations, in order to make changes to certain types of permitted and waiver uses including, but not limited to, various retail sales and retail service establishments, wholesale business uses, gasoline service stations, animal care facilities, restaurants, auto-wash establishments, establishments service alcohol, dance halls, pawn shops, and open-air businesses. President Toy congratulated all the winners in the election held yesterday. th SYNOPSIS OF THE MINUTES OF THE 1,716 REGULAR MEETING 3 LIVONIA CITY COUNCIL – November 7, 2012 AUDIENCE COMMUNICATION: None. The following items were received and filed: Correspondence received from the Law Department, dated November 1, 2012, re: the amendment to the Zoning Ordinance for Petition 2012-08-01-04. An email communication from the Engineering Division, dated November 7, 2012, re: clarification and correct address information for the proposed Special Assessment District to install a ten (10) inch public sanitary sewer main at 15230, 15200 and 15160 Levan Road. A communication from the Engineering Division, dated November 5, 2012, re: additional information on the 2013 Road Repair Program to coincide with the extension of the contracts for Design and Construction Engineering Services. (CRS 206-10, 379-10 and 336-11) An email communication from attorney Tyler Tennent, from the law firm of Dawda, Mann, Mulcahy & Sadler, PLC, dated November 5, 2012, re: requesting to withdraw waiver petition as submitted on behalf of the Kohl’s Department Store located at Livonia Marketplace o amend previously approved Council Resolution #429-08 to extend the hours of the store for the Friday following Thanksgiving. (Petition 2012-09-02-21) The following resolutions were offered by McCann and Brosnan: MAD #436-12 Approving a request submitted by Zhihong Liu, 3846 Shannon Drive, FAT Warren, MI 48091, for a massage therapist permit in accordance with Chapter 5.49 of OrdEnf the Livonia Code of Ordinances, as amended. Police MAD #437-12 Approving a request submitted by Jie Wu, 45169 Horse Shoe Circle, FAT Canton, MI 48187, for a massage apprentice permit in accordance with Chapter 5.49 of OrdEnf the Livonia Code of Ordinances, as amended. Police MAD #438-12 Approving a request submitted by Luxia Yang, 2804 S. 2675 W., FAT Syracuse, UT 84075, for a massage therapist permit in accordance with Chapter 5.49 of OrdEnf the Livonia Code of Ordinances, as amended. Police MAD #439-12 Approving the proposed lot split and combination of Tax Item Nos. 46-014- FAT 01-0015-002 and 46-014-01-0016-003, into two parcels, for the property located on the Planning West side of Gill Road, just South of Eight Mile Road (20557 & 20551 Gill Road) and Assessr waiving the property depth-to-width ratio for these properties. Eng #440-12 Accepting the bid of Bell Equipment Company, 78 Northpointe Drive, Lake MAD Orion, MI 48359, for supplying the Public Service Division with one (1) four ton, propane FAT fired asphalt hauling trailer (hot patcher) for the total amount of $21,300.00 from Eng budgeted funds. th SYNOPSIS OF THE MINUTES OF THE 1,716 REGULAR MEETING 4 LIVONIA CITY COUNCIL – November 7, 2012 #441-12 Approving a Change Order to the 2012 Asphalt Road Program (Contract MAD 12-A) in the amount of $30,220.10 to add a parallel parking area on the south side of FAT Eng Orangelawn, east of Fairfield; remove and replace deteriorated sections of concrete sidewalk, construct new ADA ramps on the south side of Orangelawn, provide concrete pads at the benches, place and compact additional stone on the south side of Orangelawn (south of Hubbard Road) and provide any additional necessary restoration at Kleinert Park in connection with the existing contract between the City of Livonia and Nagle Paving Company. (CR 152-12) #442-12 Approving a Change Order to the 2012 Asphalt Road Program (Contract MAD 12-A) in the amount of $52,518.00 for paving of a new walking path of approximately FAT Eng 1,700 lineal feet in length, along with earthwork for the winter ice rink, storm sewer work and any additional necessary restoration at Dooley Park in connection with the existing contract between the City of Livonia and Nagle Paving Company. (CRS 152-12 and 262-12) MAD #443-12 Denying Petition 2012-09-02-18 submitted by Target Corporation FAT requesting to amend Council Resolution #557-05 adopted on November 30, 2005, in Planning order to extend the Target store operating hours at Wonderland Village (Store #2230) Insp located on the south side of Plymouth Road between Middlebelt Road and Milburn Eng Avenue (29451 Plymouth Road) in the Northeast ¼ of Section 35, from 12:00 a.m. midnight through 6:00 a.m. on Friday, November 23, 2012 (the day after Thanksgiving), and for each subsequent year beginning at midnight of Thanksgiving Day. (CR 557-05) #444-12 Determining to refer to and request that the City Planning Commission MAD FAT conduct a Public Hearing on the question of whether a proposed amendment to Section Planning 18.42A (Wireless Communications Facilities) of the Zoning Ordinance to allow for Insp antennas, transmitters, receivers, base stations, equipment shelters and the like to be Eng collocated on existing towers as a matter of right unless the tower or support structure will be significantly altered in terms of height or width or unless the existing equipment compound area will be increased to more than 2,500 square feet, should be made, and thereafter submit a report and recommendation to Council. MAD #445-12 Approving a request submitted by Janet Larson, 44777 North Hills Dr., FAT Apt. #N119, Northville, MI 48167, for a massage therapist permit in accordance with OrdEnf Chapter 5.49 of the Livonia Code of Ordinances, as amended. Police MAD #446-12 Approving and granting, Petition 2012-09-02-24 submitted by Agustin FAT Ochoa, to expand the existing full service restaurant (Las Palapas) and add seating, Planning located on the north side of Plymouth Road between Farmington Road and Mayfield Insp Avenue within the Fountain Park shopping center (33308 Plymouth Road), subject to Eng conditions. th SYNOPSIS OF THE MINUTES OF THE 1,716 REGULAR MEETING 5 LIVONIA CITY COUNCIL – November 7, 2012 #447-12 Approving and granting, Petition 2012-09-02-25 submitted by Agustin MAD FAT Ochoa, to expand the Class C liquor license (sale of beer, wine and spirits for Planning consumption on the premises) of the existing full service restaurant (Las Palapas), Insp located on the north side of Plymouth Road between Farmington Road and Mayfield Eng Avenue within the Fountain Park shopping center (33308 Plymouth Road), subject to conditions. A roll call vote was taken on the foregoing resolutions: AYES: Brosnan, Kritzman, McCann, Laura, Pastor, and Toy. NAYS: None. McCann gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING III OF ORDINANCE NO. 543 , AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIAT ZONING ORDINANCE” BY ADDING SECTION 3.____ THERETO. (Petition: 2012-08-06-10) McCann gave FIRST READING to the following Ordinance: PROPOSED AMENDMENTS TO SECTION 2.10(16) OF ARTICLE II (DEFINITION OF MISCELLANEOUS TERMS): MECHANICAL AMUSEMENT DEVICES OF THE CITY OF LIVONIA ZONING ORDINANCE. (Petition 2012-08-06-10) MAD #448-12 Resolution by McCann and Brosnan, unanimously adopted, requesting FAT that the City Engineer ascertain the assessed valuation of all property affected by the Assessr proposed installation of a ten (10) inch public sanitary sewer main to service the Eng properties of 15230, 15200 and 15160 Levan Road. MAD #449-12 Resolution by McCann and Pastor, unanimously adopted, approving the FAT 2013 Road Repair Program; FURTHER, authorizing the Mayor and City Clerk, for and Planning on behalf of the City of Livonia, to execute the QBS Contract Amendments between the Insp City of Livonia and Orchard, Hiltz & McCliment, Inc., to provide design services and Eng construction engineering services for the 2013 Asphalt Road Program in an amount not to exceed $437,500.00 and between the City of Livonia and Anderson, Eckstein and Westrick, Inc., to provide design services and construction engineering services for the 2013 Concrete Road Program in an amount not to exceed $101,750.00; FURTHER, authorizing an expenditure in an amount not to exceed $539,250.00 from budgeted funds and the City Engineer is hereby authorized to approve minor adjustments in the work, as it becomes necessary. (CRS 260-10, 379-10 and 336-11) th SYNOPSIS OF THE MINUTES OF THE 1,716 REGULAR MEETING 6 LIVONIA CITY COUNCIL – November 7, 2012 #450-12 Resolution by Kritzman and Brosnan, unanimously adopted, approving MAD FAT and granting Petition 2012-09-02-19 submitted by Landplan Engineering, P.A., on Planning behalf of The Kroger Company, to construct a gas station on a portion of the Northridge Insp Commons shopping center located on the south side of Eight Mile Road between Eng Farmington Road and Gill Road (33523 Eight Mile Road) subject to conditions. MAD #451-12 Resolution by Pastor and McCann, unanimously adopted, suspending the FAT rules for procedure as outlined in Council Resolution 574-82 in order to permit consideration of items that do not appear on the Agenda. MAD #452-12 Resolution by McCann and Pastor, directing that a Closed Committee of FAT the Whole meeting be held to discuss litigation matters and attorney/client privileged communications in connection with pending litigation, Susan Wilson and Donald Wilson v City of Livonia. A roll call vote was taken on the foregoing resolution: AYES: Brosnan, Kritzman, McCann, Laura, Pastor, and Toy. NAYS: None. AUDIENCE COMMUNICATION: None. th By McCann and Kritzman, unanimously adopted, adjourning this 1,716 Regular Meeting of the Council of the City of Livonia at 8:29 p.m. on November 7, 2012. 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.