HomeMy WebLinkAboutCOUNCIL MINUTES 2011-11-02 38056
MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETY SECOND
REGULAR MEETING OF NOVEMBER 2, 2011
On November 2, 2011, 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 Toy led the meeting with an invocation.
Roll was called with the following result: Laura Toy, Maureen Miller
Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, and James
McCann Absent: None
Elected and appointed officials present: Todd Zilincik, City Engineer;
Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City
Attorney; Kevin Roney, Assistant City Engineer; Terry Marecki, City Clerk; and Mayor
Jack Kirksey
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
was
#348-11 RESOLVED, that the Minutes of the 1,691st Regular
Meeting of the Council held October 19, 2011, are hereby approved as
submitted
Mayor Kirksey was pleased to announce that Livonia has become
somewhat of an educational hub and congratulated Madonna University on its recent
75th anniversary celebration Mayor Kirksey also indicated that Schoolcraft College
celebrated its 50th anniversary as well Mayor Kirksey announced on Wednesday,
November 9th, the FCC in conjunction with FEMA will conduct the first nationwide
testing of the Emergency Alert System (EAS) which is expected to last three minutes
in duration via television and radio stations and will interrupt scheduled programs to
test the feasibility and reliability of the system on a nationwide basis Mayor Kirksey
indicated the test will be conducted at 2 00 p m on November 9th
Meakin announced the Livonia Community Foundation will host a
fundraising event at One Under Bar & Grill on Five Mile Road on Thursday, November
3rd from 7 00 p m to 900 p m Guests will be able to taste test various types of beer
and wine made in Michigan and Meakin indicated tickets for the event will be $35 00
per person and will be made available at the door
Regular Meeting Minutes of November 2, 2011 38057
At the direction of the Chair, Agenda Item 18 re proposed Amendment
to Zoning Ordinance No 543 as submitted by SREP Haggerty Road, L.L.0 was
removed from the Agenda. (Petition 2011-08-01-05)
During Audience Communication, Christopher Martin, 12275 Inkster
Road, Livonia, addressed Council to express concern that the Council started its last
Regular meeting late and indicated he felt all discussions should take place in a public
forum in the Auditorium under the Open Meetings Act.
On a motion by Brosnan, seconded by Schwartz, it was
#349-11 RESOLVED, that having considered a communication from
the City Clerk, dated October 11, 2011, forwarding an application
submitted by Victoria Shaw, 5947 Buck, Taylor, Michigan 48180, 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
#350-11 RESOLVED, that having considered a letter from Anne
Doulette, Vice President of Leah's Happy Hearts, dated October 7, 2011,
the Council does hereby take this means to indicate that Leah's Happy
Hearts is recognized as a non-profit organization operating in the
community, and the action herein being taken for the purpose of
affording Leah's Happy Hearts an opportunity to obtain a charitable
gaming license or registration from the State of Michigan in accordance
with provisions of State statute
#351-11 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated August 23, 2011, and a
report and recommendation of the Acting Chief of Police, dated October
10, 2011, in connection therewith, the Council does hereby recommend
approval of the request from Fine Wine Distributors, Inc , to transfer
stock in the 2010 Wholesaler & Outstate Seller of Wine Licenses by
adding new stockholder Michael Francisco through transfer of 538 46
shares from existing stockholder John Czarnecki for a business located
at 30962 Industrial, Livonia, MI 48150, Wayne County, and the City
Clerk is hereby requested to forward a certified copy of this resolution to
the Michigan Liquor Control Commission
#352-11 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated November 8, 2010, and the
report and recommendation of the Acting Chief of Police, dated October
10, 2011, approved for submission by the Mayor, the Council does
hereby approve of the request from American Blue Ribbon Holdings,
LLC (a Delaware Limited Liability Company) to transfer ownership of a
2010 Class C licensed business with Official Permit (Food) from Max &
Regular Meeting Minutes of November 2, 2011 38058
Erma's Restaurants, Inc (a Delaware corporation) for a business located
at 37714 W Six Mile, Laurel Park Plaza, Livonia, MI 48152, Wayne
County, and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Liquor Control Commission
#353-11 RESOLVED, that having considered the letter from the
President of the Livonia Anniversary Committee, Inc , dated October 12,
2011, requesting approval of the following items
1 The issuance of a permit to Wade Shows to conduct carnival
amusement rides at Ford Field and Veterans' Park, as part of this
year's SPREE-62 Celebration, on June 19, 20 and 21, 2012, from
2 00 p m to midnight and on June 22, 23 and 24, 2012, from
12 00 noon to midnight, subject to the City of Livonia, Livonia
Public Schools, the Livonia Hockey Association and the Livonia
Anniversary Committee, Inc , being identified as additional
insured on Wade Shows' general liability insurance policy;
2 Authorization of the Anniversary Committee to conduct a
fireworks display at Veterans' Park to be held on Sunday, June
24, 2012, at approximately 10 15 p m , which display will be
controlled by American Fireworks, Inc , subject to providing
liability insurance for this event and subject to the City of Livonia,
Livonia Public Schools, the Livonia Hockey Association and the
Livonia Anniversary Committee, Inc , being designated as
additional insured on its policy;
3 Authorization of the Livonia Anniversary Committee to use and/or
lease the facilities at Ford Field, Eddie Edgar Arena (subject to
the terms of the existing lease between the Livonia Hockey
Association and the City of Livonia) and Veterans' Park during the
period of the SPREE-62 Celebration in accordance with the
fees/waivers grid for events co-sponsored by the City of Livonia,
and
4 A waiver of all fees prescribed by ordinance or law with respect to
Items 2 and 3 above, as well as a waiver of all vendors' license
fees for community organizations and/or groups authorized to
participate in SPREE-62 by the Anniversary Committee,
the Council does hereby concur in and approve the foregoing requests,
and the City Clerk and all other appropriate City officials and agencies
are hereby requested to do all things necessary or incidental to the full
performance of this resolution
#354-11 RESOLVED, that having considered the letter from the
President of the Livonia Anniversary Committee, Inc , dated October 12,
2011, wherein it is requested that the following City streets be closed to
Regular Meeting Minutes of November 2, 2011 38059
through traffic from 8 00 a m on June 18, 2012, through 12 00 noon on
June 25, 2012 (Monday to Monday)
Stark Road from the Family Y, 14255 Stark, to Lyndon
Lyndon from Farmington Road to Stark Road
the Council does hereby concur in and grant this request in the manner
and form herein submitted, FURTHER, the Council does hereby request
that Farmington Road be closed from the 1-96 overpass to Five Mile
Road on Sunday, June 24, 2012, between the hours of 8 30 p m and
11 30 p m or until the road is returned to normal traffic operation in
connection with the annual SPREE fireworks display, and does hereby
authorize the City of Livonia to assume liability for any damage claims
which may arise as a result of the road closure, and that Sgt. John Gibbs
is hereby designated and authorized to sign the road closure permit on
behalf of the City of Livonia, the action taken herein being made subject
to the approval of the Police Department, Fire Department and Wayne
County; and to the extent possible, SPREE is requested, in conjunction
with the Police Department, to do all things necessary to alleviate traffic
problems for the residents of Stoneleigh Village Subdivision during the
2012 Anniversary Celebration, including signs on the barricades
indicating "local business and residents only "
#355-11 RESOLVED, that having considered the letter from the
President of the Livonia Anniversary Committee, Inc , dated October 12,
2011, the Council does hereby approve of the request from the Livonia
Anniversary Committee, Inc , for permission to display banners
advertising SPREE-62 on Farmington Road and Five Mile Road from
May 24, 2012, through June 27, 2012, and to display 4' X 8' signs at
City Hall and Ford Field from May 24, 2012, through June 27, 2012, at
no additional cost to SPREE, FURTHER, the Council does hereby
permit the Livonia Anniversary Committee, Inc to acknowledge
supporters with banners and signage not to exceed 3' x 5' in size on
Ford Field and the ball diamonds only from June 18, 2012, to June 27,
2012, and the City Clerk and all other appropriate City officials and
agencies are hereby requested to do all things necessary or incidental to
the full performance of this resolution
#356-11 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated September 29, 2011,
which bears the signatures of the City Attorney and the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby authorize the purchase of one (1) marked 2011 Dodge Charger
police vehicle (to replace a 2008 Crown Victoria that was totaled in a
crash) from Snethkamp Lansing Dodge, 6131 S Pennsylvania Avenue,
Lansing, Michigan 48911, in the amount of $22,598 00, FURTHER, the
Council does hereby authorize an expenditure from funds received in an
insurance settlement from MMRMA in the total amount of $11,125 00 for
Regular Meeting Minutes of November 2, 2011 38060
this purpose, FURTHER, the Council does hereby authorize an
expenditure in the amount of $11,473 00 from funds already budgeted in
Account No 401-000-985-000 for this purpose, FURTHER, the Council
does hereby determine to authorize said purchase without competitive
bidding inasmuch as the same is based upon the low State of Michigan
Consortium bid, 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
#357-11 RESOLVED, that having considered the report and
recommendation of the Acting Chief of Police, dated October 17, 2011,
which bears the signatures of the City Attorney and the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby authorize the purchase of one (1) 2011 marked Chevrolet Tahoe
police vehicle (to replace a vehicle that was totaled in a crash) from
Shaheen Chevrolet, 632 American Road, Lansing, MI 48911, in the total
amount of $26,177 67, FURTHER, the Council does hereby authorize an
expenditure from funds received in an insurance settlement from
MMRMA in the total amount of $20,040 00 for this purpose, FURTHER,
the Council does hereby authorize an expenditure in the amount of
$6,137 67 from funds already budgeted in Account No 401-000-985-000
for this purpose, FURTHER, the Council does hereby determine to
authorize said purchase without competitive bidding inasmuch as the
same is based upon the low State of Michigan Consortium bid 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
#358-11 RESOLVED, that having considered a communication from
the Human Resources Director, dated October 13, 2011, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, and which transmits a resolution adopted by the Civil
Service Commission on October 12, 2011, approving the contract
between the City of Livonia and AFSCME Union Local 192 for the period
December 1, 2010, through November 30, 2013, the Council does
hereby approve of and concur in the aforesaid action of the Civil Service
Commission, and the Mayor and City Clerk are hereby requested to affix
their signatures to the said contract, for and on behalf of the City of
Livonia, and to do all other things necessary or incidental to the full
performance of this resolution.
#359-11 RESOLVED, that having considered a communication from
the Human Resources Director, dated October 13, 2011, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, and which transmits a resolution adopted by the Civil
Service Commission on October 12, 2011, and which recommends
certain salary and fringe benefit adjustments for non-represented City of
Livonia employees, for the period December 1, 2010, through November
30, 2013, which are as follows
Regular Meeting Minutes of November 2, 2011 38061
1 Wage rates frozen from December 1, 2010, through November
30, 2013
2 All employees will have six (6) unpaid days in 2012 and 2013
Three (3) of the days each year will be unpaid holidays —
President's Day, Good Friday and the Day after Thanksgiving
Employees will not work and will not receive any pay for the day
If an employee works on an unpaid holiday, the employee will be
paid straight time wages for the first eight (8) hours worked The
other three (3) days will be scheduled around holidays, the Friday
before Memorial Day, the Friday before Labor Day and July 5
The effective wage reduction through the implementation of
unpaid days off is 2 3%
3 Modification of health insurance plan to include the following cost
saving items
a $250 (single) and $500 (two-person/family) deductibles
b 80%/20% Community Blue Plan 3 up to $1,000 per
member or $2,000 per family maximum out of pocket co-
insurance
c Office Visit co-pay $20
d Emergency Room co-pay $100, waived if admitted to the
hospital
e $10 (generic)/$25 (formulary)/$50 (non-formulary) drug
prescription co-pays
4 Employees participating in the Health Retirement Savings
Account (HRSA) will vest in the City's contribution after four (4)
years of service
5 All pay steps will be frozen for employees hired or promoted after
September 8, 2011 The frozen steps will be implemented on
November 30, 2013, at 11 59 p m
6 Increase optical reimbursement from $100 to $150 per family for a
two-year period and increase in dental reimbursement from $650
to $700/family/year
7 Implement state-mandated caps on the amount the City will pay
for current employee health insurance - $5,500 single coverage,
$11,000 two-person coverage, $15,000 family coverage These
caps will be adjusted annually in October by the State Treasurer
based on the consumer price index as set forth in Public Act 152
of 2011
8 Retirees will pay up to $2,400 per year for the base retiree health
insurance Retirees will pay the co-pay in retirement that they
Regular Meeting Minutes of November 2, 2011 38062
paid as an active employee at the time of retirement up to a
maximum of$200/month
Employees electing the optional health plan will pay the difference
in illustrative monthly rates between the Community Blue Plan 3
and the Optional Blue Choice plan in addition to the amount paid
by employees selecting the base plan, if the optional plan is more
expensive
9 Elimination of longevity payments for employees hired after
September 8, 2011
10 Reduction in the number of sick hours from eight (8) hours per
month to six (6) hours per month and reduction in the maximum
number of sick days paid out at retirement from one-hundred
(100) to seventy-five (75) for employees hired after September 8,
2011
11 Reduce the number of days an employee can be absent from five
(5) to four (4) to be eligible for three (3) day vacation bonus and
elimination of bonus sick leave day
12 Accrue vacation on a monthly basis Employees hired after
September 8, 2011, will have a reduced schedule The new
schedules are
a Effective January 1, 2012, employees hired prior to
September 8, 2011, shall accrue vacation at the following
rate for each completed month of service with changes
effective on their anniversary date
Years of Service Hours of Vacation
1-5 Seven (7) hours per month
5-10 Ten and one-half (10 5) hours per month
10-20 Fourteen (14) hours per month
20-25 Fifteen (15) hours per month
25 or more Sixteen (16) hours per month
b Effective January 1, 2012, employees hired after
September 8, 2011, shall accrue vacation at the following
rate for each completed month of service, with changes
1 effective on their anniversary date
ice►
Regular Meeting Minutes of November 2, 2011 38063
Years of Service Hours of Vacation
1-5 Six (6) hours per month
5-10 Nine (9) hours per month
10-20 Eleven (11) hours per month
20 or more Thirteen (13) hours per month
c Vacation for all employees may be accumulated up to 456
hours Any accrued time in excess of 456 hours shall be
lost. The 456 hour maximum accumulation includes any
bonus vacation days earned
d Employees will not earn vacation time while on an unpaid
leave of absence or disciplinary suspension
13 Employees who work or get paid for forty (40) hours in a work
week and work overtime will be paid at 1-1/2 times their hourly rate
for all hours worked Employees will still be able to receive
compensatory time instead of payment. Employees may
accumulate up to sixty (60) hours Employees will be paid for
overtime hours worked if they have sixty (60) hours in their
compensatory time bank
14 Effective January 1, 2012, National and City Elections will no
longer be paid holidays They will be regular workdays
the Council does hereby concur in the recommendation of the Civil
Service Commission and the salary and fringe benefit adjustments set
forth above are hereby approved
#360-11 RESOLVED, that having considered a communication from
the Mayor, dated October 13, 2011, which recommends certain salary
and fringe benefit adjustments for Appointed Department Head
classifications for the period December 1, 2010, through November 30,
2013, which are as follows
1 Wage rates frozen from December 1, 2010, through November
30, 2013
2 All employees will have six (6) unpaid days in 2012 and 2013
Three (3) of the days each year will be unpaid holidays —
President's Day, Good Friday and the Day after Thanksgiving
Employees will not work and will not receive any pay for the day
If an employee works on an unpaid holiday, the employee will be
paid straight time wages for the first eight (8) hours worked The
Regular Meeting Minutes of November 2, 2011 38064
other three (3) days will be scheduled around holidays, the Friday
before Memorial Day, the Friday before Labor Day and July 5
The effective wage reduction through the implementation of
unpaid days off is 2 3%
3 Modification of health insurance plan to include the following cost
saving items
a $250 (single) and $500 (two-person/family) deductibles
b 80%/20% Community Blue Plan 3 up to $1,000 per
member or $2,000 per family maximum out of pocket co-
insurance
c Office Visit co-pay $20
d Emergency Room co-pay $100, waived if admitted to the
hospital
e $10 (genenc)/$25 (formulary)/$50 (non-formulary) drug
prescription co-pays
4 Employees participating in the Health Retirement Savings
Account (HRSA) will vest in the City's contribution after four (4)
years of service
5 All pay steps will be frozen for employees hired or promoted after
September 8, 2011 The frozen steps will be implemented on
November 30, 2013, at 11 59 p m
6 Increase optical reimbursement from $100 to $150 per family for a
two-year period and increase in dental reimbursement from $650
to $700/family/year
7 Implement state-mandated caps on the amount the City will pay
for current employee health insurance - $5,500 single coverage,
$11,000 two-person coverage, $15,000 family coverage These
caps will be adjusted annually in October by the State Treasurer
based on the consumer price index as set forth in Public Act 152
of 2011
8 Retirees will pay up to $2,400 per year for the base retiree health
insurance Retirees will pay the co-pay in retirement that they
paid as an active employee at the time of retirement up to a
maximum of$200/month
Employees electing the optional health plan will pay the difference
in illustrative monthly rates between the Community Blue Plan 3
and the Optional Blue Choice plan in addition to the amount paid
by employees selecting the base plan, if the optional plan is more
expensive
Regular Meeting Minutes of November 2, 2011 38065
9 Elimination of longevity payments for employees hired after
September 8, 2011
10 Reduction in the number of sick hours from eight (8) hours per
month to six (6) hours per month and reduction in the maximum
number of sick days paid out at retirement from one-hundred
(100) to seventy-five (75) for employees hired after September 8,
2011
11 Reduce the number of days an employee can be absent from five
(5) to four (4) to be eligible for three (3) day vacation bonus and
elimination of bonus sick leave day
12 Accrue vacation on a monthly basis Employees hired after
September 8, 2011, will have a reduced schedule The new
schedules are
a Effective January 1, 2012, employees hired prior to
September 8, 2011, shall accrue vacation at the following
rate for each completed month of service with changes
effective on their anniversary date
Years of Service Hours of Vacation
1-5 Seven (7) hours per month
5-10 Ten and one-half (10 5) hours per month
10-20 Fourteen 14 hours •er month
20-25 Fifteen (15) hours per month
25 or more Sixteen (16) hours per month
b Effective January 1, 2012, employees hired after
September 8, 2011, shall accrue vacation at the following
rate for each completed month of service, with changes
effective on their anniversary date
Years of Service Hours of Vacation
1-5 Six (6) hours per month
5-10 Nine (9) hours per month
10-20 Eleven (11) hours per month
Regular Meeting Minutes of November 2, 2011 38066
20 or more Thirteen (13) hours per month
Vacation for all employees may be accumulated up to 456
hours Any accrued time in excess of 456 hours shall be
lost. The 456 hour maximum accumulation includes any
bonus vacation days earned
d Employees will not earn vacation time while on an unpaid
leave of absence or disciplinary suspension.
13 Employees who work or get paid for forty (40) hours in a work
week and work overtime will be paid at 1-1/2 times their hourly rate
for all hours worked Employees will still be able to receive
compensatory time instead of payment. Employees may
accumulate up to sixty (60) hours Employees will be paid for
overtime hours worked if they have sixty (60) hours in their
compensatory time bank.
14 Effective January 1, 2012, National and City Elections will no
longer be paid holidays They will be regular workdays
the Council does hereby concur in the recommendation of the Mayor
and the salary and benefit adjustments set forth above are hereby
approved
#361-11 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service - Operations
and the Director of Public Works, dated October 10, 2011, 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 Fisher Roofing
Company, Inc., 5471 Sylvia St., Dearborn Heights, Michigan 48125, for
completing all work required in connection with the Department of Public
Works Building #13 (Building Maintenance/Sign Shop) Roof Repair
Project in the total amount of $83,825 00, the same having been the
lowest bid received and meets all specifications, FURTHER, the Council
does hereby authorize the expenditure of a sum not to exceed
$83,825 00 from funds already budgeted in Account No 401-000-971-
000 (Capital Projects) for this purpose, and the Director of Public Works
is hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby
authorized to execute a contract for and on behalf of the City of Livonia
with the aforesaid bidder and to do all things necessary or incidental to
the full performance of this resolution
#362-11 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 7, 2011, which transmits
its resolution 10-55-2011, adopted on October 4, 2011, with regard to
Petition 2011-09-08-07, submitted by API - Plan Design Build,
Regular Meeting Minutes of November 2, 2011 38067
requesting site plan approval in connection with a proposal to construct
an addition to the commercial shopping center (KSI Plaza) at 34706-
34730 Plymouth Road, located on the north side of Plymouth Road
between Stark Road and Belden Court in the Southwest 1/4 of Section
28, pursuant to the provisions set forth in Section 18 58 of Ordinance
No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2011-09-08-
07 is hereby approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet 1 of 1 dated August 25,
2011, as revised, prepared by Engineering Services, Inc , is
hereby approved and shall be adhered to,
2 That the Petitioner shall work with the Planning Department
and the Plymouth Road Development Authority (PRDA) to
install additional landscaping along Plymouth Road,
3 That the Exterior Building Elevation Plan marked Sheet A3
dated August 31, 2011, as revised, prepared by API — Plan
Design Build, is hereby approved and shall be adhered to,
4 That the brick used in the construction shall be full face four
(4") inch brick,
5 That all rooftop mechanical equipment shall be concealed
from public view on all sides by screening that shall be of a
compatible character, material and color to other exterior
materials on the building,
6 That this site shall meet the Wayne County Storm Water
Management Ordinance and shall secure the necessary
permits, including storm water management permits and soil
erosion and sedimentation control permits, from Wayne
County and/or the City of Livonia,
7 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient
parking and any conditions related thereto,
8 That only conforming signage is approved with this petition,
and any additional signage shall be separately submitted for
review and approval by the Zoning Board of Appeals,
9 That no LED Iightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
Regular Meeting Minutes of November 2, 2011 38068
10 That the petitioner shall comply with the following stipulation in
the correspondence dated September 8, 2011, from the Police
Department: That a no left turn sign shall be posted in the
right-of-way at the west driveway with any limitation on the
time of such turning movements to be determined by the
Police Department;
11 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,
12 Pursuant to Section 19 10 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
A communication from the Finance Department, dated October 19,
2011, re delinquent water balance in connection with a proposal to remodel the
exterior of a commercial building located at 20292 Middlebelt Road submitted by
Premier Medical Building Associates, LLC, was received and placed on file for the
information of the Council (Petition 2011-09-08-08)
#363-11 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 11, 2011, which transmits
its resolution 10-56-2011, adopted on October 4, 2011, with regard to
Petition 2011-09-08-08, submitted by Premier Medical Building
Associates, LLC, requesting approval of all plans required by Section
18 58 of the City of Livonia Zoning Ordinance No 543, as amended, in
connection with a proposal to remodel the exterior of the existing
commercial building at 20292 Middlebelt Road, located on the east side
of Middlebelt Road between Bretton Road and Eight Mile Road in the
Northwest 'A of Section 1, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2011-09-08-
08 is hereby approved and granted subject to the following conditions
1 That the Site Plan marked SP 1 dated September 14, 2011, as
revised, prepared by GAV Associates, is hereby approved and
shall be adhered to,
2 That the visitor and employee parking spaces shown on the site
plan shall be double striped, including the provision of barrier free
parking, and all regular parking spaces shall be 10' x 20' in size
as required,
Regular Meeting Minutes of November 2, 2011 38069
3 That the Landscape Plan marked Sheet L.1 dated September 14,
2011, as revised, prepared by GAV Associates, is hereby
approved and shall be adhered to,
4 That all conditions imposed by Planning Commission Resolution
#5-88-2001, which granted approval to substitute a greenbelt for
the protective wall along the north and east property lines, as
outlined in Section 18 45 of the Zoning Ordinance, shall remain in
effect to the extent that they are not in conflict with the foregoing
conditions,
5 That after cleaning up the rear of the property, including any
overgrown invasive vegetation, the petitioner shall work with the
Planning and Inspection Departments to add landscaping where
needed to adequately buffer the adjacent residential properties,
6 That the Exterior Building Elevation Plan marked Sheet A.201
dated September 14, 2011, as revised, prepared by GAV
Associates, is hereby approved and shall be adhered to,
7 That the brick used in the construction shall be full face four (4")
inch brick,
8 That the three walls of the existing trash dumpster area shall be
repaired as needed and repainted to match the building finish
color New enclosure gates of either solid panel steel
construction or durable, long-lasting solid panel fiberglass shall be
installed and maintained, and when not in use, closed at all times,
9 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
10 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the
windows,
11 That the issues as outlined in the correspondence dated
September 22, 2011, from the Livonia Fire and Rescue Division
shall be resolved to the satisfaction of the Inspection Department
and/or Engineering Division,
12 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department upon receipt of
the application for the building permits, and
13 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
Regular Meeting Minutes of November 2, 2011 38070
of one year only from the date of approval by the City Council,
and unless a building permit is obtained and construction is
commenced, this approval shall be null and void at the expiration
of said period
#364-11 RESOLVED, that having considered a communication from
Council President James C McCann, dated October 11, 2011, to which
is attached a proposed schedule of Council Study and Regular Meetings
for the period January 1, 2012, through December 31, 2012, the Council
does hereby approve the following dates for City Council meetings for
2012, subject to change with notice
Study Meetings Regular Meetings
JANUARY
Wednesday, January 4 Wednesday, January 11
Wednesday, January 18 Wednesday, January 25
FEBRUARY
Monday, January 30 Wednesday, February 8
Monday, February 13 Wednesday, February 22
MARCH
Wednesday February 29 Wednesday, March 7
Monday, March 12 Wednesday, March 21
APRIL
Monday, March 26 Wednesday, April 4
Monday, April 16 Wednesday, April 25
MAY
Monday, April 30 Wednesday, May 9
Monday, May 14 Wednesday, May 23
JUNE
Wednesday, May 30 Wednesday, June 6
Monday, June 11 Monday, June 18
JULY
Monday, June 25 Monday, July 2
Monday, July 9 Wednesday, July 18
AUGUST
Monday, July 23 Wednesday, August 15
Monday, August 20 Wednesday, August 29
SEPTEMBER
Wednesday, September 5 Wednesday, September 12
Wednesday, September 19 Wednesday, September 26
Regular Meeting Minutes of November 2, 2011 38071
OCTOBER
Monday, October 1 Wednesday, October 10
Monday, October 15 Wednesday, October 24
NOVEMBER
a"' Monday, October 29 Wednesday, November 7
Wednesday, November 14 Wednesday, November 21
DECEMBER
Monday, November 26 Wednesday, December 5
Monday, December 10 Wednesday, December 19
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Toy, Brosnan, Schwartz, Pastor, Meakin, Laura, and
McCann
NAYS None
Toy gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND
PUBLIC GROUND (Petition 2011-08-03-02)
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 Law, dated November 2, 2011,
re incorrect legal description provided in the proposed amendment to Zoning
Ordinance No 543, as submitted by SREP Haggerty Road, L.L.0 for a change of
zoning of property located on the east side of Haggerty Road, between Seven Mile
and Eight Mile Road (19700 and 19860 Haggerty Road), was received and placed on
file for the information of the Council (Petition 2011-08-01-05)
A communication from the Department of Law, dated October 31, 2011,
re proposed amendment to Zoning Ordinance No 543, as submitted by SREP
Regular Meeting Minutes of November 2, 2011 38072
Haggerty Road, L.L.0 for a change of zoning of property located on the east side of
Haggerty Road, between Seven Mile and Eight Mile Road (19700 and 19860
Haggerty Road), was received and placed on file for the information of the Council
(Petition 2011-08-01-05)
A communication from the Department of Finance, dated October 19,
2011, re delinquent false alarm balance for property located at 37595 Seven Mile
Road for Mission Health Livonia, was received and placed on file for the information of
the Council (Petition 2011-08-SN-01)
A communication from the Department of Finance, dated November 2,
2011, re updated information for the delinquent false alarm balance indicating the
balance was paid in full on October 26, 2011, for the property located at 37595 Seven
Mile Road by Mission Health Livonia, was received and placed on file for the
information of Council (Petition 2011-08-SN-01)
On a motion by Pastor, seconded by Laura, it was
#365-11 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 10, 2011, which transmits
its resolution 10-57-2011, adopted on October 4, 2011, with regard to
Petition 2011-08-SN-01, submitted by ASI Signage Innovations,
requesting approval to replace the ground signs of the medical center
(Mission Health Livonia) at 37595 Seven Mile Road, located on the
south side of Seven Mile Road between Newburgh Road and the I-
275/96 Expressway in the Northeast 1/4 of Section 7, which property is
zoned PO, the Council does hereby refer the subject to the Committee of
the Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Meakin, Laura, and McCann
NAYS Toy, Brosnan, and Schwartz.
The President declared the resolution adopted
Regular Meeting Minutes of November 2, 2011 38073
Cheryl Grosscup, Kirco Management, 101 W Big Beaver Road, Suite 200, Troy, was
present on behalf of the Petitioner to answer any questions of Council and indicated to
Council the Petitioner's request is simply to obtain a sign that has more exposure to
the community with a scrolling banner (Petition 2011-08-SN-01)
On a motion by Brosnan, seconded by Toy, and unanimously adopted, it
was
#366-11 RESOLVED, that the Council does hereby refer the subject
of signage for medical facilities to the Legislative Affairs Committee for
its report and recommendation
On a motion by Laura, seconded by Toy, and unanimously adopted, it
was
#367-11 RESOLVED, that the Council does hereby refer the subject
of the City's Sign Ordinance to the Legislative Affairs Committee for its
report and recommendation
There was no Audience Communication at the end of the meeting
Vice President Laura reminded residents the General Election will take
place on Tuesday, November 8th and encouraged residents to read up on the
candidates and vote
Terry Marecki, City Clerk, reminded residents that City Hall will be open
for absentee voting only on Saturday, November 5th from 8 30 a m to 2 00 p m Ms
Marecki reminded residents that during construction at City Hall, they must park in the
west lot near the Senior Center or the east lot near Civic Center Library, and only the
south entrance to the building is open Ms Marecki also mentioned to residents the
red mailbox that is typically in front of City Hall has been moved further north and
absentee ballots can be deposited in that box. Further, Ms Marecki stated all
absentee ballots must be returned to the Clerk's Office by the close of polls on
Tuesday, November 8th at 8 00 p m and any questions can be directed to her office
On a motion by Schwartz, seconded by Toy, and unanimously adopted,
this 1,692nd Regular Meeting of the Council of the City of Livonia was adjourned at
8 34 p m
Terry 1y1arecki, City Clerk
38074
PUBLIC HEARING
REQUEST SUBMITTED BY DANILO JOSIFOSKI
RE PETITION 2011-07-01-04
On Wednesday, November 9, 2011, the above hearing was held at
the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to
order by Council President McCann at 7 00 p m Present' Conrad Schwartz,
John Pastor, Brian Meakin, Joe Laura, Laura Toy, Maureen Miller Brosnan and
James McCann Absent. None
Pursuant to Section 23 06 of Ordinance No 543, the Zoning Ordinance,
the City Clerk has duly published and mailed notices fifteen (15) days prior to the
hearing date to those persons affected by the proposed change and all other
requirements of Ordinance No 543, the Zoning Ordinance have been fulfilled
Council President McCann stated that in accordance with the provisions
set forth in Section 4 of Act 207 of the Public Acts of Michigan 1921, as
amended, the Zoning Act (M S.A Section 5 2934, M C L.A 125 584), as well as
Article XXIII of Ordinance No 543, the Zoning Ordinance of the City of Livonia,
the Council of the City of Livonia is holding a public hearing relevant to the
following rezoning request:
Petition 2011-07-01-04 submitted by Danilo Josifoski to rezone
properties located on north side of Plymouth Road between
Newburgh Road and Chase Boulevard (37600 through 37706
Plymouth Road) in the Southeast 1/4 of Section 30 from RUF to R-9
I (Rural Urban Farm to Housing for Elderly 4 Story) (The City
Planning Commission recommends rezoning this property to R-9 -
Housing for Elderly )
There were twenty-seven (27) individuals present in the audience on this matter
38075
Questions and comments from interested persons were given due
consideration, a transcript of which is on file in the Office of the City Clerk.
The public hearing was suspended at 7 55 p m due to another scheduled
Public Hearing and Council Study Meeting The public hearing reconvened at
9 00 p m immediately following the Council Study Meeting and was declared
closed at 9 40 p m on Wednesday, November 9, 2011
TERRY"A. MARECKI, CITY CLERK
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