HomeMy WebLinkAboutCOUNCIL MINUTES 2013-04-22 38640
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND TWENTY SEVENTH
REGULAR MEETING OF APRIL 22, 2013
On April 22, 2013, 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 7 00 p m 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: Mark Taormina, City Planner;
Judy Priebe, Technical Specialist, Todd Zilincik, City Engineer; Terry Marecki, City
Clerk, Don Knapp, City Attorney; and Mayor Jack Kirksey
On a motion by Robinson, seconded by Brosnan, it was
#110-13 RESOLVED, that the Minutes of the 1,726th Regular
Meeting of the Council held April 8, 2013, are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES McCann, Pastor, Robinson, Brosnan, Katzman, and
Toy
NAYS None
ABSTAIN Laura *
*Laura abstained from voting, which is recorded as a "yes" vote under the provisions
of Section 2 04 190B of the Livonia Code of Ordinances
President Toy declared the resolution adopted
Katzman wished everyone a "Happy Earth Day" and soke of the
importance of being a community that takes a green initiative and contributes to its
sustainability Kritzman introduced Joe Neussendorfer, Mary Wade, Pat Drost, and
Frank Kalinski, who he has appointed as members to the recently formed ad hoc
"Commission on Sustainability" for the Livonia community Kritzman indicated the
Regular Meeting Minutes of April 22, 2013 38641
appointed volunteers to this Commission will utilize their respective skill set and
expertise and would report directly to the Administration
On a motion by Katzman, seconded by McCann, and unanimously
adopted, it was
#111-13 RESOLVED, that at the request of Councilmember
Brandon Katzman, the Council does hereby refer the subject matter of
the ad hoc "Commission of Sustainability" to the Capital Improvement,
Natural Resources and Waste Management Committee for its report and
recommendation
Brosnan reminded Council and residents Arbor Day will be celebrated on
Friday, April 26, 2013, at 1 15 p m at Roosevelt Elementary School Brosnan
indicated Livonia has long been recognized as a "Tree Community" and supports the
planting of trees throughout the City Brosnan invited all Livonia residents to
participate in this fun-filled event.
Vice President Pastor presented a commendation to Ken Abramczyk,
reporter for the Observer & Eccentric newspaper, on behalf of City Council, Mayor
Kirksey, and all City officials Vice President Pastor indicated Mr Abramczyk will soon
be leaving Michigan to relocate to Arizona and thanked him for his dedicated work
with the Observer and wished him much success in all future endeavors
Ken Abramczyk thanked Council for the commendation presented to him
and indicated he has looked forward to moving west for years and has enjoyed writing
stories that involve the Livonia community and appreciated the input from elected
officials as well as residents
President Toy announced there would be two (2) public hearings to be
held on Monday, May 13, 2013, at 7 00 p m in the Auditorium of City Hall, 33000 Civic
Center Drive, Livonia, Michigan
Appeal of the denial of the Water and Sewer Board regarding Apple
Ridge Apartments submitted by S D Schubiner, Member, General
Properties Company, L.L.0 requesting to appeal the outstanding water
bills on properties located at 31165 Morlock, Building 5, 31001 Morlock,
Building 7, 30884 Morlock, Building 10, and 30841 Morlock, Building 11,
in the Northeast 1/4 of Section 2, and
Proposed Special Assessment District for Levan Road Sanitary Sewer
Project— to determine Necessity located on the east side of Levan Road
(15160, 15200 and 15230 Levan Road), in the Northwest 1/4 of Section
20 (CR 448-12, CR 107-13)
Vice President Pastor presented a commendation on behalf of City
Council and Mayor Kirksey to Stevenson High School swimmer Nick Arakelian, who
Regular Meeting Minutes of April 22, 2013 38642
was the State Champion for the 500 Yard Division I Freestyle competition Vice
President Pastor indicated Mr Arakelian also holds school records in six different
events at Stevenson
Nick Arakelian thanked Council for the commendation presented to him
and pointed out the entire Stevenson Swim Team did exceptionally well at the State
Championship and took 31d place overall Mr Arakelian also offered congratulations to
the Stevenson Hockey Team for their successful season and State Champion win
Mr Arakelian concluded by thanking his parents, friends, team members and coaches
for their support and indicated his father serves the City as a Police Officer and was
most grateful for the love, support and sacrifices made by his family
Brosnan presented a commendation on behalf of City Council and Mayor
Kirksey to Stevenson High School Varsity Hockey Coach David Mitchell and
Stevenson High School Principal James Gibbons, and recognized their time,
dedication and efforts to achieve much success during the hockey season
Coach David Mitchell thanked Council for their recognition and indicated
it was an honor to be present. Coach Mitchell offered congratulations to Nick
Arakelian and all other members of the Stevenson swim team who had an outstanding
season and all Stevenson athletics for their dedication Coach Mitchell indicated
Stevenson High School was the first high school to win a State title in hockey and
thanked all for their support during their season Coach Mitchell also recognized the
hard work and dedication of the Stevenson Athletic Director, Lori Hyman, and thanked
her for her support and assistance
Principal James Gibbons, Stevenson High School, thanked Council for
the honor and recognition and indicated he was proud of all students at Stevenson,
including all athletes, especially the members of the hockey and swim teams present
at the meeting
Councilmembers presented individual members of Stevenson High
School Hockey team with a commendation and tribute on behalf of City Council and
Mayor Kirksey and offered their individual congratulations to the team members for
their accomplishment of winning the Division II State Championship
Robinson requested a moment of silence in honor of the recent tragedy
in Boston, to honor the lives lost in the bombing attacks and the M I T Police Officer
who lost his life in pursuit of the bombing suspects
During Audience Communication, Christopher Martin, 12275 Inkster
Road, addressed Council to express his displeasure with house materials not being
recycled at the recent demolition of the home located on Lyons, just South of Five Mile
Road Mr Martin also expressed his hope to obtain a favorable ruling from Judge
Kavanagh at his hearing scheduled in reference to building code violations he had
been cited for in connection with the fence on his property
Regular Meeting Minutes of April 22, 2013 38643
A communication from the Department of Finance, dated March 22,
2013, re forwarding various financial statements of the City of Livonia for the month
ending January 31, 2013, was received and placed on file for the information of the
Council
A communication from Wade Shows, Inc , dated April 19, 2013, re
signage request in connection with carnival sponsored by Rotary Club of Livonia to be
held May 23, 2013, through May 27, 2013, on the property located on the Northwest
corner of Seven Mile Road and Middlebelt Road (29500 Seven Mile Road), was
received and placed on file for the information of the Council (Petition 2013-02-02-
05)
On a motion by Pastor, seconded by Kritzman, it was
#112-13 RESOLVED, that having considered a letter from Fred E
Sackllah, Festival Chair Person, The Basilica of St. Mary Antiochian
Orthodox Church, dated March 29, 2013, regarding their Fifth Annual
Michigan Fest scheduled for Thursday, May 30, 2013, through Sunday,
June 2, 2013, the Council does hereby determine to waive Section
8 32 070 (Noise Control) of the Livonia Code of Ordinances between the
hours of 4 00 p m and 11 00 p m on Thursday and Friday, 12 00 p m
and 12 00 a.m on Saturday, and 12 00 p m and 10 00 p m on Sunday
in connection with this event to be held Thursday, May 30, 2013, through
Sunday, June 2, 2013, at Bryant Park located at 18000 Merriman Road,
and that the appropriate level of amplified music will be controlled by a
church-appointed "sound engineer" who will have total control of the
sound system at all times and that the speakers inside the tent will be
pointed north (toward the church) and away from neighboring houses in
connection with this event; FURTHER, the Council does hereby grant
and approve one (1) 4' x 4' sign to be placed on St. Mary's property no
earlier than Thursday, May 16, 2013, and removed no later than
Wednesday, June 5, 2013
#113-13 RESOLVED, that having considered a communication from
the City Clerk, dated March 21, 2013, forwarding an application
submitted by Natalie M Scroi, 1563 Edwin, Westland, Michigan 48186,
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
Regular Meeting Minutes of April 22, 2013 38644
City Clerk is hereby requested to do all things necessary or incidental to
the full performance of this resolution
A communication from the Civil Service Department, dated March 18,
2013, re transmitting a copy of Resolution No 13-32 adopted by the Civil Service
Commission on March 13, 2013, regarding the City of Livonia and Livonia Fire
Fighters Association MERC Act 312 Arbitration award, was received and placed on file
for the information of the Council
#114-13 RESOLVED, that having considered a communication from
the Mayor, dated March 25, 2013, the Council does hereby consent to
and confirm the reappointment of Mr Greg Meyer to the Plymouth Road
Development Authority as a representative of the Business/Property
owner in the District for a four-year term which shall expire on May 16,
2017
#115-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 20, 2013, which sets forth
its resolution 03-11-2013 adopted on March 19, 2013, with regard to
Petition 2013-02-02-05 submitted by Wade Shows, Inc requesting
waiver use approval to conduct a carnival sponsored by the Livonia
Rotary Club consisting of amusement rides, games and food
concessions to be held from May 23 through May 27, 2013, inclusive, in
the parking lot of Sears, located at 29500 Seven Mile Road, at the
Northwest corner of Seven Mile Road and Middlebelt Road in the
Southeast 1/4 of Section 2, which property is zoned C-2, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 2013-02-02-05 is hereby approved and
granted, subject to the following conditions
1 That the carnival shall be limited to the dates as specified by
Wade Shows, Inc , which are May 23, 2013, through May 27,
2013, inclusive,
2 That the proposed carnival operation shall be confined to the area
as illustrated on the site plan as received by the Planning
Commission on February 20, 2013,
3 That all rides, food concessions, booths and all other equipment
and apparatus relating to the operation of the carnival shall be
located at least 60 feet distant from the Seven Mile and Middlebelt
Roads right-of-way lines,
Regular Meeting Minutes of April 22, 2013 38645
4 That all trucks and other transportation equipment shall be parked
or stored within the extreme northerly portion of the Sears parking
lot, but no closer than 60 feet from St. Martins Avenue and
Middlebelt Road right-of-way lines,
5 That the hours of operation of the carnival shall be limited to the
following Thursday, May 23 through Friday, May 24, from 4 00
p m to 11 00 p m , Saturday, May 25 through Monday, May 27,
from 1200pm to1100pm , and
6 That access to fire hydrants is provided for the Fire Department
#116-13 RESOLVED, that having considered the report and
recommendation of the Planning Commission, dated March 26, 2013,
which transmits its resolution 03-13-2013, adopted on March 19, 2013,
with regard to Petition 2013-02-08-03 submitted by Jay Feldman,
requesting site plan approval in connection with a proposal to demolish a
portion of an existing building and construct additions to the existing auto
dealership (Tennyson Chevrolet) at 32570 Plymouth Road, located on
the north side of Plymouth Road between Farmington Road and
Hubbard Avenue in the Southwest 1/4 of Section 27, 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 2013-02-08-03 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked C-1 dated February 18, 2013, prepared
by Alpine Engineering, Inc , is hereby approved and shall be
adhered to,
2 That the Landscape Plan marked L-1 dated February 18, 2013,
prepared by Allen Design, is hereby approved and shall be
adhered to,
3 That the landscaping and other streetscape improvements (i e ,
brick piers and fencing) along Plymouth Road shall be installed to
the satisfaction of the Plymouth Road Development Authority
(PRDA) and Inspection Department;
4 That the Elevations Plans marked A5 0 and A5 1 both dated
February 19, 2013, prepared by Designhaus, are hereby
approved and shall be adhered to,
5 That the signage, as shown on the approved plans, is hereby
approved and shall be adhered to, except as modified below,
subject to the review and approval by the Zoning Board of
Appeals,
Regular Meeting Minutes of April 22, 2013 38646
6 That the variable electronic message sign shall be in the form of a
monument sign and shall conform to Section 18 50(H)(o) of the
Zoning Ordinance No 543, as amended, with respect to height,
area, message duration and transition limitations, and level of
intensity/illumination,
7 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
building permits are applied for; and,
8 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
#117-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 21, 2013, which transmits
its resolution 03-14-2013, adopted on March 19, 2013, with regard to
Petition 2013-02-SN-01, submitted by Townsend Sign Company,
requesting approval for two (2) additional wall signs and a ground-
mounted sign pursuant to Section 18 47 of the City of Livonia Zoning
Ordinance No 543, as amended, for the four-story office building (Laurel
Office Park II) at 17187 Laurel Park Drive, located on the west side of
Laurel Park Drive between Six Mile Road and University Drive in the
Southeast 'A of Section 7, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2013-02-SN-
01 is hereby approved and granted, subject to the following conditions
1 That the wall signs shall be installed in accordance with the Sign
Plan submitted by Townsend Sign, as received by the Planning
Commission on March 19, 2013,
2 That the freestanding sign shown in the approved Sign Plan is not
approved at this time The Petitioner shall reappear before the
Planning Commission when more information is available,
including the exact location, height, area, and layout of the sign,
3 That this approval is subject to the petitioner being granted
variances from the Zoning Board of Appeals for excessive
number of signs and sign area and any conditions related thereto,
and,
4 That the Petitioner shall obtain a sign permit from the Inspection
Department for any real estate sign in accordance with Section
18 50D(j) of the City of Livonia Zoning Ordinance No 543, as
amended
Regular Meeting Minutes of April 22, 2013 38647
#118-13 RESOLVED, that having considered a communication from
the Acting Chief of Police, dated April 4, 2013, which bears the signature
of the Director of Finance and the City Attorney, and is approved for
submission by the Mayor, the Council hereby accepts the bid of AS C
Security Systems, 12137 Merriman Road, Livonia, Michigan 48150, for
the CCTV system upgrade, in an amount not to exceed $124,815 68,
FURTHER, the Council hereby authorizes an expenditure in the amount
of $124,815 68 from funds budgeted in Account No 401-000-971-000
for this purpose with the understanding that $50,000 00 of the cost will
be reimbursed by M M R M.A. through a Risk Avoidance Program Grant.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES McCann, Laura, Pastor, Robinson, Brosnan, Katzman, and
Toy
NAYS None
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 4 04 (SCHEDULE OF
MINIMUM LOT SIZES IN R-1 THROUGH R-5 DISTRICTS) OF
ARTICLE IV OF ORDINANCE NO 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition
2002-02-06-01)
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
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 5 04 (SCHEDULE OF
MINIMUM LOT SIZES IN RUF DISTRICT) OF ARTICLE V OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE " (Petition 2002-02-06-01)
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
Regular Meeting Minutes of April 22, 2013 38648
Katzman stepped down from the podium at 7 43 p m to avoid any
perceived conflict of interest.
On a motion by Pastor, seconded by McCann, it was
#119-13 RESOLVED, that having considered a letter from Brian
Tominna, One Under Bar & Grill, dated January 17, 2013, which
requests permission to waive Section 8 32 070 (Noise Control) of the
Livonia Code of Ordinances, in connection with their Second Annual
Cinco De Mayo Festival on Saturday, May 4, 2013, from 6 00 p m until
midnight, to be held at One Under Bar & Grill, 35780 Five Mile Road,
Livonia, Michigan, the Council does hereby grant and approve this
request with the understanding that One Under Bar & Grill shall fully
repair and restore any damage to any parking lot and provide valet
parking services for attendees of this event.
A roll call vote was taken on the foregoing resolution with the following result:
AYES McCann, Laura, Pastor, Robinson, Brosnan, and Toy
NAYS None
The President declared the resolution adopted
Brian Tominna, One Under Bar & Grill, 35780 Five Mile Road, was present to answer
any questions of Council and thanked them for their time and cooperation
Kritzman returned to the podium at 7 45 p m
On a motion by Robinson, seconded by Kritzman, it was
#120-13 RESOLVED, that having considered a communication from
the Department of Law, dated April 1, 2013, the Council does hereby, by
a two-thirds roll call vote in accordance with Section 7(1) of the Open
Meetings Act, direct that a closed Committee of the Whole meeting be
held for the purposes of discussing litigation matters and attorney/client
privileged communications in connection with pending litigation, Robert
Domino v City of Livonia and Auto Club Group Insurance Co. v City of
Livonia, et al
A roll call vote was taken on the foregoing resolution with the following result:
AYES McCann, Laura, Pastor, Robinson, Brosnan, Katzman, and
Toy
NAYS None
irâ–º The President declared the resolution adopted
Regular Meeting Minutes of April 22, 2013 38649
There was no Audience Communication at the end of the meeting
On a motion by Pastor, seconded by Kntzman, and unanimously
adopted, this 1,727th Regular Meeting of the City of Livonia was adjourned at 7 48
pm
Terry IJarecki, City Clerk