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HomeMy WebLinkAboutCOUNCIL MINUTES 2012-12-05 38501 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND EIGHTEENTH REGULAR MEETING OF DECEMBER 5, 2012 On December 5, 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 McCann led the meeting with the Pledge of Allegiance Roll was called with the following result: James McCann, John Pastor, Maureen Miller Brosnan, Brandon Kritzman, and Laura Toy Absent: Joe Laura and Thomas Robinson Elected and appointed officials present: Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Don Knapp, City Attorney; David Varga, Director of Administrative Services, and Terry Marecki, City Clerk. On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #469-12 RESOLVED, that the Minutes of the 1,717th Regular Meeting of the Council held November 21, 2012, are hereby approved as submitted Vice President Pastor reminded residents of the annual Toys for Tots drive hosted to collect toys for needy families in Livonia and surrounding communities Pastor indicated donations can be dropped off at his business located at 34018 Beacon and that applications from families in need can be taken there as well Pastor stated approximately 700 families benefited from this worthy cause last year and encouraged all those interested to participate Pastor also thanked everyone for the well wishes to his son, Ryan, and his new bride, Ashley, who were married last Saturday, December 1st Pastor concluded by wishing his wife, Linda, a Happy Birthday and indicated she will celebrate her birthday on Friday, December 7th McCann wished his wife, Linda, a Happy Birthday and indicated she will celebrate her birthday on Sunday, December 9th McCann also extended Happy Birthday wishes to his nephew, Christopher Nichen, who he indicated turned 30 years old and is a Michigan filmmaker who received an award for his work on the film "Mary's Buttons" Regular Meeting Minutes of December 5, 2012 38502 Kritzman thanked everyone for all their support and well wishes for his 5th daughter who was born on Monday, November 26th at 2 56 p m Kritzman stated his daughter was named Alexandra Cosette and stated both his wife and daughter are doing fine Brosnan thanked Mayor Kirksey and his staff for hosting the "Livonia Cares" event at City Hall last month Brosnan stated it was an extremely beneficial and well run meeting to assess the community needs and was attended by 23 members who included local church officials and elected officials who maintain information for residents on where to obtain needed services within the community President Toy announced a public hearing to be held on Monday, January 7, 2013, at 7-00 p m in the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, Michigan Proposed Amended Boundaries to the Plymouth Road Development Authority to consider the adoption of an Ordinance amending the boundaries of the Plymouth Road Development Authority of the City of Livonia pursuant to Act 197 of the Public Acts of Michigan of 1975, as amended, with the intention being to remove purely residential properties from the Authority District. There was no Audience Communication at the beginning of the meeting On a motion by Brosnan, seconded by Pastor, it was #470-12 RESOLVED, that having considered a request from Bryan Garchar, 36549 Ann Arbor Trail, Livonia, Michigan, the Council does hereby refer the matter of a possible sidewalk extension on the south side of Ann Arbor Trail from Dowling Street to Rosedale Elementary School for safety reasons to the Administration for its report and recommendation #471-12 RESOLVED, that having considered a communication from the City Clerk, dated November 9, 2012, forwarding an application submitted by Charnika Holmes, 1214 Stacy Drive, Building #54, Canton, Michigan 48188, 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 #472-12 RESOLVED, that having considered a communication from the City Clerk, dated November 9, 2012, forwarding an application submitted by Jeffrey Ramseyer, 33331 Oregon, Livonia, Michigan 48150, 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, Regular Meeting Minutes of December 5, 2012 38503 and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #473-12 RESOLVED, that having considered a communication from the City Clerk, dated November 14, 2012, forwarding an application submitted by Amy Jackey, 19936 Poinciana, Redford, Michigan 48240, 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 #474-12 RESOLVED, that having considered a communication from the City Clerk, dated November 14, 2012, forwarding an application submitted by Barbara lovan, 14956 Auburndale, Livonia, Michigan 48154, 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 #475-12 RESOLVED, that having considered a communication from the City Clerk, dated November 14, 2012, forwarding an application submitted by Amy Des Jardins, 624 Reed Court, Northville, Michigan 48167, 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 #476-12 RESOLVED, that having considered a communication from the Superintendent of Public Service - Environment & Utilities, dated November 19, 2012, which bears the signature of the Director of Public Works and the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the quote of Jack Doheny Companies, 777 Doheny Court, Northville, Michigan 48167, for supplying the Public Service Division (Water and Sewer Section) with one (1) 2013 Vactor Model 2115 Combination Sewer Vacuum and High Pressure Rodder with parts and related services for a total price of $398,512 00 from funds already budgeted in the Water and Sewer Capital Outlay Fund (Account No 592-559-142-000), FURTHER, the Council does hereby authorize the purchase of said items without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended, and the purchase is made through the National Intergovernmental Purchasing Alliance (National IPA), FURTHER, the Council does hereby authorize the City's surplus 2004 Vactor to be advertised on MITN and to be sold Regular Meeting Minutes of December 5, 2012 38504 to a bidder through MITN or to Jack Doheny Companies, whichever offers the highest bid #477-12 WHEREAS, the City of Livonia (the "City"), by Ordinance No 2165 adopted April 7, 1993, has established the Plymouth Road Development Authority (the "Authority") as authorized by the provisions of Act 197, Public Acts of Michigan, 1975, as amended ("Act 197"), and WHEREAS, Ordinance No 2165 was amended to revise and extend the boundaries of the Authority district by Ordinance No 2187, adopted July 7, 1993, and WHEREAS, the City Council again desires to amend, with the intention this time being to remove purely residential properties from the Authority district, the boundaries of the Authority district and has caused a proposed Ordinance designating said amended boundaries to be prepared and presented to the City Council, and WHEREAS, Act 197 provides that an amendment to the Authority district shall be accomplished by the same proceedings as are required to establish the Authority; and WHEREAS, it is necessary to conduct a public hearing in connection with the consideration of such proposed ordinance as required by Act 197 NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Council determines that it is necessary for the best interests of the public to amend the boundaries of the Authority district pursuant to Act 197 to eliminate purely residential properties from the Authority district in order to better achieve the objectives of halting property value deterioration and increasing property tax valuation where possible in the Authority district as amended, to eliminate the causes of such deterioration, and to promote economic growth, and the City Council hereby declares its intention to amend the boundaries of the Authority District pursuant to Act 197 2 The territory to be deleted from the Authority district is hereby tentatively designated to be as set forth on Exhibit A hereto 3 There shall be a public hearing on the 7th day of January, 2013, at 7 00 o'clock p m , Eastern Standard Time, in the Council Auditorium in the City Hall to consider adoption by the City Council of an Ordinance amending the Authority district as set forth herein and setting out certain procedures in connection herewith Regular Meeting Minutes of December 5, 2012 38505 4 The City Clerk shall cause notice of said public hearing to be published in the Livonia Observer, a newspaper of general circulation in the City, twice before the public hearing The notice shall be published not less than 20 and not more than 40 days before the date set for the public hearing The notice shall be published as a display advertisement prominent in size The Clerk shall also cause the notice to be mailed by first class mail not less than 20 days prior to the hearing to all property taxpayers of record in the territory proposed to be deleted from the Authority district as shown by the most recent tax roll of the City The Clerk also shall post, or cause the posting of, the notice in at least 20 conspicuous and public places in the territory proposed to be deleted from the Authority district not less than 20 days before the hearing Such notice may be posted in the public right-of-way notwithstanding any provision of law to the contrary, and the Inspection Department is authorized to allow such posting The Clerk shall also cause the notice to be mailed by certified mail not less than 20 days before the hearing to the governing body of each taxing jurisdiction whose taxes would no longer be subject to capture in the territory proposed to be deleted from the Authority district. 5 The notice of the hearing shall be in substantially the following form NOTICE OF PUBLIC HEARING Monday, January 7, 2013 beginning at 7 00 p m CITY OF LIVONIA COUNTY OF WAYNE, MICHIGAN ON AMENDING THE BOUNDARIES OF THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY IN ORDER TO REMOVE RESIDENTIAL PROPERTIES FROM THE DISTRICT TO ALL INTERESTED PERSONS IN THE CITY OF LIVONIA. PLEASE TAKE NOTICE that the City Council of the City of Livonia, Michigan, will hold a public hearing on Monday, January 7, 2013, at 7 00 p m , in the Council Auditorium, Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, to consider the adoption of an ordinance amending the boundaries of the Plymouth Road Development Authority of the City of Livonia pursuant to Act 197 of the Public Acts of Michigan of 1975, as amended, with Regular Meeting Minutes of December 5, 2012 38506 the intention being to remove purely residential properties from the Authority district. PROPOSED AMENDED BOUNDARIES The boundaries of the Authority as proposed to be amended, and within which the Authority shall exercise its powers are as follows (Note See back of notice for a complete list of properties to be removed from the district.) I-.• c +.ua v ISI 'al U , - - --- ienda!e 1, IIit, l' c - ----,, Ili *IT ct-tiLFi . E i lroilF31_1 . 1 �� 1i u- l PIY oulh RoadII> , ' 1. -11111--- "Irl -Ey " ! �[ I (Till '" 1-1, '—7 \ , .74:_ - pH II -.I Mint'aliTTat .i. 1J --' I II _:.Alg 1' .�� _ - - --1--j ir ��1 �,DA rill N i �.�.-•..�-'- .. L ffi !R :till t } 1 [� At the public hearing, all citizens, taxpayers, and property owners of the City of Livonia desiring to address the City Council shall be afforded an opportunity to be heard in regard to the proposed amended boundaries of the Authority FURTHER INFORMATION may be obtained from the City Planning Department. This notice is given by order of the Livonia City Council TERRY MARECKI, Clerk City of Livonia In accordance with Title II of the American with Disabilities Act as it pertains to access to Public Meetings, the Planning Department of the City of Livonia, upon adequate notice,will make reasonable accommodations for persons with special needs. Please call 734-466- 2290 if you need assistance. NOTICE OF PUBLIC HEARING CITY OF LIVONIA COUNTY OF WAYNE,MICHIGAN ON AMENDING THE BOUNDARIES L OF THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY Properties to be removed from the Plymouth Road Development Authority District Regular Meeting Minutes of December 5, 2012 38507 TAX I D ADDRESS CITY STATE ZIP 099990024000 11600 HALLER LIVONIA MI 48150 099990040000 28910 PLYMOUTH LIVONIA MI 48150 099990041000 28910 PLYMOUTH LIVONIA MI 48150 099990048000 28722 PLYMOUTH LIVONIA MI 48150 103990016000 11700 MERRIMAN LIVONIA MI 48150 103990017000 11680 MERRIMAN LIVONIA MI 48150 107990026000 32590 PLYMOUTH LIVONIA MI 48150 108990029000 11735 MERRIMAN LIVONIA MI 48150 108990031000 11885 MERRIMAN LIVONIA MI 48150 108990034000 11975 MERRIMAN LIVONIA MI 48150 112990028000 33720 PLYMOUTH LIVONIA MI 48150 120010001000 38105 PLYMOUTH LIVONIA MI 48150 125070001000 35862 ELMIRA LIVONIA MI 48150 L 125070002000 35850 ELMIRA LIVONIA MI 48150 125070003000 35838 ELMIRA LIVONIA MI 48150 125070004000 35824 ELMIRA LIVONIA MI 48150 125070005000 35810 ELMIRA LIVONIA MI 48150 130010076001 11263 STARK LIVONIA MI 48150 130010076002 11295 STARK LIVONIA MI 48150 130010076003 11315 STARK LIVONIA MI 48150 138990023000 11422 HUBBELL LIVONIA MI 48150 138990024000 11420 HUBBELL LIVONIA MI 48150 10704CONDOS FOUNTAIN PARK CONDOS LIVONIA MI 48150 A roll call vote was taken on the foregoing resolutions with the following result: AYES McCann, Pastor, Brosnan, Kritzman, and Toy NAYS None Regular Meeting Minutes of December 5, 2012 38508 McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE ADDING SECTION 105 TO TITLE 15, CHAPTER 16 (FIRE PREVENTION CODE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES McCann, Pastor, Brosnan, Kritzman, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDMENT ADDING SECTION 155 OF TITLE 15, CHAPTER 36 (PROPERTY MAINTENANCE CODE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES McCann, Pastor, Brosnan, Kritzman, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Kritzman took from the table, for second reading and adoption, the following Ordinance PROPOSED AMENDMENTS TO SECTIONS 030 THROUGH 110 OF TITLE 5, CHAPTER 30 (ENTERTAINMENTS AND AMUSEMENTS) OF THE CITY OF LIVONIA CODE OF ORDINANCES A roll call vote was taken on the foregoing Ordinance with the following result: AYES McCann, Pastor, Brosnan, Kritzman, and Toy Regular Meeting Minutes of December 5, 2012 38509 NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Brosnan, seconded by McCann, and unanimously adopted, it was #478-12 RESOLVED, that having considered a communication from the City Planning Commission, dated September 14, 2012, which sets forth its resolution 09-75-2012, adopted on September 11, 2012, with regard to Petition 2012-03-06-06, submitted by the City Planning Commission, pursuant to Section 23 01(b) of Ordinance No 543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether to amend Section 9 02 and 9 03 of Article IX, OS (Office Services) District Regulations of the Livonia Zoning Ordinance No 543, as amended, 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, and the Council having conducted a public hearing with regard to this matter on Monday, November 26, 2012, the Council does hereby approve Petition 2012-03-06-06 for preparation of the Ordinance for submission to Council, and the Department of Law is requested to prepare an Ordinance amending Ordinance No 543, as amended, in accordance with this resolution On a motion by Brosnan, seconded by McCann, and unanimously adopted, it was #479-12 RESOLVED, that having considered a communication from the City Planning Commission, dated September 14, 2012, which sets forth its resolution 09-76-2012, adopted on September 11, 2012, with regard to Petition 2012-03-06-07, submitted by the City Planning Commission, pursuant to Section 23 01(b) of Ordinance No 543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether to amend Sections 10 02 and 10 03 of Article X, C-1 (Local Business) District Regulations of the Livonia Zoning Ordinance No 543, as amended, 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, and the Council having conducted a public hearing with regard to this matter on Monday, November 26, 2012, the Council does hereby approve Petition 2012-03- 06-07 for preparation of the Ordinance for submission to Council; and Regular Meeting Minutes of December 5, 2012 38510 the Department of Law is requested to prepare an Ordinance amending Ordinance No 543, as amended, in accordance with this resolution On a motion by McCann, seconded by Kritzman, and unanimously adopted, it was #480-12 RESOLVED, that having considered a communication from the City Planning Commission, dated September 14, 2012, which sets forth its resolution 09-77-2012 adopted on September 11, 2012, with regard to Petition 2012-03-06-08 submitted by the City Planning Commission, pursuant to Section 23 01(b) of Ordinance No 543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether to amend Sections 11 02 and 11 03 of Article XI, C-2 (General Business) District Regulations of the Livonia Zoning Ordinance No 543, as amended, 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 serving alcohol, dance halls, pawn shops and open-air businesses, and the Council having conducted a public hearing with regard to this matter on Monday, November 26, 2012, the Council does hereby approve Petition 2012-03-06-08 for preparation of the Ordinance for submission to Council, and the Department of Law is requested to prepare an Ordinance amending Ordinance No 543, as amended, in accordance with this resolution During Audience Communication, Curtis Lipinski, 36555 Ann Arbor Trail, addressed Council to express his concern for sidewalk extension at the south side of Ann Arbor Trail from Dowling Street to Rosedale Elementary for safety reasons Mr Lipinski explained he is concerned on how the installation of a sidewalk would affect the value of his home and stated he would prefer to see the extension of the sidewalk go all the way through to Newburgh Road if it was indeed a safety concern Tony Parrelly, 36543 Ann Arbor Trail, addressed Council to express he too resides in the area in question where a sidewalk extension has been requested of Council and indicated he has extensive landscape work done in the approximate area of where a sidewalk could be installed Mr Parrelly stated he was concerned about the cost of the installation of the sidewalk and how it would negatively impact the landscaping on his property Todd Zilincik, City Engineer, informed Council he was hopeful to have the Engineering Division's final report and recommendation to the Administration by the end of the week regarding the proposed sidewalk extension at the south side of Ann Arbor Trail from Dowling Street to Rosedale Elementary Regular Meeting Minutes of December 5, 2012 38511 President Toy announced she would not be present at next week's Study Meeting on Monday, December 10th and indicated Vice President Pastor would chair that Study meeting in her absence Vice President Pastor wished his cousin, Amy, a Happy Birthday and indicated she would celebrate her birthday tomorrow, December 6th On a motion by Pastor, seconded by McCann, and unanimously adopted, this 1,718th Regular Meeting of the Council of the City of Livonia was adjourned at 8 21 p m Terry . arecki, City Clerk