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HomeMy WebLinkAboutCOUNCIL MINUTES 2011-11-16 38078 MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETY THIRD REGULAR MEETING OF NOVEMBER 16, 2011 On November 16, 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 Schwartz led the meeting with the Pledge of Allegiance Roll was called with the following result: Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, Laura Toy, and James McCann Absent: Maureen Miller Brosnan Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City Attorney; Terry Marecki, City Clerk, Brandon Kritzman, Councilmember Elect, and Mayor Jack Kirksey On a motion by Pastor, seconded by Toy, and unanimously adopted, it was #368-11 RESOLVED, that the Minutes of the 1,692nd Regular Meeting of the Council held November 2, 2011, are hereby approved as submitted President McCann announced the following Public Hearing to be held on Monday, December 5, 2011, at 7 00 p m in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Petition 2011-10-06-01 submitted by the City Planning Commission, pursuant to Section 23 01(a) of the Livonia Zoning Ordinance No 543, as amended, proposing to amend Subsection (a) of Section 26 04 (Permitted Uses) of Article XXVI of the Zoning Ordinance to waive the minimum three (3) story building height requirement in PO, High Rise Professional Office Districts During Audience Communication, Marguerite Gwizdala presented an informational packet to Council on behalf of Clara Zerbo Adams, Livonia resident, Regular Meeting Minutes of November 16, 2011 38079 expressing her concern for the implementation of Smart Meters in the Livonia community Mayor Kirksey addressed Council to indicate the Administration has researched Smart Meters and as a point of reference for Council to consider the Administration has been advised there are no active Smart Meters in the City Pauline Holeton, 2392 Barclay Avenue, Shelby Township, presented an informational CD outlining the implications of Smart Meters and expressed she has visited many communities throughout the State and many are concerned with the issues surrounding the new meters Ms Holeton stated the Smart Meters will cause the cost of energy to rise and the meters are designed to emit more energy which adds to the amount of EMF radiation and can cause significant health problems for residents Ms Holeton concluded by stating Smart Meters pose a threat to citizens' privacy and can be utilized by the utility companies to control appliances and energy consumption and urged Council to adopt a resolution to protect Livonia residents John Holeton, 2392 Barclay Avenue, Shelby Township, addressed Council to present a formal legal notice concerning the hazards of Smart Meters and to indicate his opinion that Smart Meters pose serious health consequences Mr Holeton stated the legal notice presented would hold Council members individually responsible should any health issues arise for citizens of Livonia as a result of the meters being utilized A communication from the Department of Finance, dated October 20, 2011, re forwarding various financial statements of the City of Livonia for the month ending September 30, 2011, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Pastor, it was #369-11 RESOLVED, that having considered a communication from the City Treasurer, dated July 15, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the proposed cancellation of delinquent personal property taxes for tax years 2003 through 2005, the Council does hereby authorize the City Treasurer to petition the Circuit Court for the County of Wayne to cancel the attached 2003 through 2005 personal property taxes in accordance with provisions of State statute, and the Department of Law is hereby requested to institute the aforesaid litigation in the manner and form herein authorized #370-11 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 26, 2011, which bears the signature of the Director of Finance and the City Attorney and Regular Meeting Minutes of November 16, 2011 38080 is approved for submission by the Mayor, to which is attached a proposed Fiscal Year 2012 Municipal Credit Contract between SMART and the City of Livonia for the period July 1, 2011, to June 30, 2012, the Council does hereby authorize the Mayor and City Clerk to execute a Municipal Credit 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 #371-11 RESOLVED, that having considered the report and recommendation of the Interim Superintendent of Parks and Recreation, dated September 16, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a communication from B & B Pools and Spas, dated September 8, 2011, wherein it is indicated that B & B Pools and Spas has offered to extend their current contract price through November 30, 2012, the Council does hereby authorize the purchase of 300 buckets of pulsar briquettes from B & B Pools and Spas, 29440 Six Mile Road, Livonia, Michigan 48152, for a price of $105 00 per bucket for a total price of $31 ,500 00 for use at the Community Recreation Center, Botsford, Clements Circle and Shelden Pools, with the understanding that such price per bucket will remain in place through November 30, 2012, FURTHER, the Council does hereby authorize an expenditure in the amount of $31,500 00 ($18,900 00 from Account No 208-755-743- 000 — Community Center; $5,040 00 from Account No 208-720-743-000 — Botsford, $5,040 00 from Account No 208-721-743-000 — Clements Circle, and $2,520 00 from Account No 208-722-743-000 — Shelden) from funds already budgeted for this purpose, FURTHER, the Council does hereby authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, 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 #372-11 RESOLVED, that having considered a communication from the Interim Superintendent of Parks and Recreation, dated October 24, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bids of the following companies for supplying the Parks and Recreation Department with clothing for the 2012 fiscal year as indicated on the attachment to the aforesaid communication, the same having been the lowest bid submitted for each item listed and meets all specifications 1 Allqraphics Corporation, Frank Alspector, 28960 E. King William Dr , Farmington Hills, MI 48331 Item No. Size Amount 1 Ad M-XL $3 75 Regular Meeting Minutes of November 16, 2011 38081 2 Ad M-XL $9 54 8 Ad Sm-XL $3 70 10A Yth M-L $3 00 Ad Sm-M $2 98 Ad L-XL $2 98 411` 1 0 B $3 58 11 Yth Sm-M $5 62 Ad Sm-XL $5 62 Ad 2XL-3XL $6 74 13 Ad M-XL $3 48 Ad 2XL $5 69 Ad 3 X $5 69 14A Yth M-LG $3 20 Ad Sm-M $2 98 14B Ad Sm-L $3 95 16 Ad Sm-XL (Light) $3 00 Ad Sm-XL (Dark) $3 50 Ad 2XL (Dark) $6 40 17 Yth Caps $2 70 (Capanella) Ad Caps $2 70 2 Kelqraphics, Charles Kelly, 110 W River Street, Cadillac, MI 49601 Item No Size Amount 3 Ad L-XXL $10.25 4 Ad Sm-XL $6 75 5 Ad Sm-XL $6 75 7 Ad Sm-XL $10.25 12 Yth Sm-L $3 50 Ad Sm-XL $3 50 Ad 2XL $4 50 15 Ad M-XL $4 00 Ad 2XL $5 00 18A Ad Sm-XL $21 50 18B Ad Sm-XL $24 50 3 Active Embroidery & Silkscreen, Cathy Pawloske, 19643 Prince Drive, Macomb, MI 48044 Item No Size Amount 6 Ad Sm-XL $4 75 4 World of Promotions, Layla Rosenfield, 1310 Louis Ave , Elk Grove Village, IL 60007 Regular Meeting Minutes of November 16, 2011 38082 Item No Size Amount 9 Yth Sm-M $3 09 Ad Sm-L $3 09 FURTHER, the Council does hereby authorize such purchases from funds already budgeted in the Department of Parks and Recreation and Community Center Account Nos 208-755-768-000, 208-717-764-000, 101-711-766-000, 101-707-764-000 and 208-755-776-040 for this purpose, FURTHER, the Council does hereby authorize purchases for Items 18A and 18B from Account No 702-285-125 for employees who wish to purchase additional work apparel with the understanding that the payment from employees will be deposited back into such account. #373-11 RESOLVED, that having considered the report and recommendation of the Interim Superintendent of Parks and Recreation, dated October 26, 2011 , which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission Resolution 3256-11, adopted on September 7, 2011, wherein revisions in greens fees at Fox Creek, Whispering Willows and Idyl Wyld Golf Courses are recommended, the Council does hereby concur in the recommendation of the Parks and Recreation Commission and such revisions in greens fees shall be as follows RESIDENTS - IDYL WYLD Current New WEEKDAYS Rate Rate 9 holes — Before 4pm $13 00 $13 50 18 holes $19 00 $19 50 Senior Citizens (ages 62 & up with valid ID) 9 holes (day/time restricted) $7 75 $8 25 18 holes (day/time restricted) $12 00 $12 50 Juniors (ages 9-17 with valid ID) 9 holes (day/time restricted) $7 75 $8 25 18 holes (day/time restricted) $12 00 $12 50 Twilight (time tbd based on time of year) $10 00 $10 50 WEEKENDS (Saturday/Sunday/Holidays) 9 holes $13 00 $13 50 18 holes $19 00 $19 50 Senior Citizens (ages 62 & up with valid ID) 9 holes (day/time restricted) $7 75 $8 25 18 holes (day/time restricted) $12 00 $12 50 Juniors (ages 9-17 with valid ID) 9 holes (day/time restricted) $7 75 $8 25 18 holes (day/time restricted) $12 00 $12 50 Twilight (time tbd based on time of year) $10 00 $10 50 Regular Meeting Minutes of November 16, 2011 38083 NON-RESIDENTS - IDYL WYLD Current New Rate Rate WEEKDAYS 9 holes — Before 4pm $14 00 $15 00 18 holes $20 00 $21 00 Senior Citizens (ages 62 & up with valid ID) 9 holes (day/time restricted) $8 50 $9 50 18 holes (day/time restricted) $13 00 $14 00 Juniors (ages 9-17 with valid ID) 9 holes (day/time restricted) $8 50 $9 50 18 holes (day/time restricted) $13 00 $14 00 Twilight (time tbd based on time of year) $11 00 $12 00 WEEKENDS (Saturday/Sunday/Holidays) 9 holes $14 00 $15 00 18 holes $20 00 $21 00 Senior Citizens (ages 62 & up with valid ID) 9 holes $8 50 $9 50 18 holes $13 00 $14 00 Juniors (ages 9-17 with valid ID) 9 holes $8 50 $9 50 18 holes $13 00 $14 00 Twilight (time tbd based on time of year) $11 00 $12 00 Weekend Special $16 00 $16 50 League Rate $17 50 $17 50 RESIDENTS - FOX CREEK AND WHISPERING WILLOWS Current New Rate Rate WEEKDAYS 9 holes $15 50 $16 00 18 holes $21 00 $22 00 Senior Citizens (ages 62 & up with valid ID) 9 holes (day/time restricted) $8 00 $8 50 18 holes (day/time restricted) $13 00 $14 00 Juniors (ages 9-17 with valid ID) 9 holes (day/time restricted) $8 00 $8 50 18 holes (day/time restricted) $13 00 $14 00 Twilight (time tbd based on time of year) $11 00 $11 50 WEEKENDS (Saturday/Sunday/Holidays) 9 holes $16 50 $17 00 18 holes $23 50 $24 00 Senior Citizens (ages 62 & up with valid ID) 9 holes (day/time restricted) $8 00 $8 50 18 holes (day/time restricted) $13 00 $14 00 Regular Meeting Minutes of November 16, 2011 38084 Juniors (ages 9-17 with valid ID) 9 holes (day/time restricted) $8 00 $8 50 18 holes (day/time restricted) $13 00 $14 00 Twilight (time tbd based on time of year) $11 00 $11 50 NON-RESIDENTS - FOX CREEK AND WHISPERING WILLOWS Current New Rate Rate WEEKDAYS 9 holes $19 00 $19 00 18 holes $25 00 $26 00 Senior Citizens (ages 62 & up with valid ID) 9 holes (day/time restricted) $12 00 $12.50 18 holes (day/time restricted) $19 00 $19 50 Juniors (ages 9-17 with valid ID) 9 holes (day/time restricted) $12 00 $12 50 18 holes (day/time restricted) $19 00 $19 00 Twilight (time tbd based on time of year) $14 00 $14 50 WEEKENDS (Saturday/Sunday/Holidays) 9 holes $20 00 $20 50 18 holes $29 00 $30 00 Senior Citizens (ages 62 & up with valid ID) 9 holes $12 00 $12 50 18 holes $19 00 $19 50 Juniors (ages 9-17 with valid ID) 9 holes $12 00 $12 50 18 holes $19 00 $19 50 Twilight (time tbd based on time of year) $14 00 $14 00 Weekend Special $19 50 $20 00 League Rate $18 75 $19 00 #374-11 RESOLVED, that having considered a communication from the Interim Superintendent of Parks and Recreation, dated October 28, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits Resolution #3259-11 adopted by the Parks and Recreation Commission on September 7, 2011, the Council does hereby approve the recommended increase in outdoor swim lesson fees from $4 75 to $5 75 for Livonia residents and from $5 50 to $6 50 for non-residents in order to help defray the cost of maintaining the pool and the minimum wage increase #375-11 RESOLVED, that having considered a request from Councilmember John Pastor, the Council does hereby refer the subject of Title 15, Chapter 51 (Vacant and Abandoned Structures) of the Livonia Code of Ordinances to the Committee of the Whole for its report and recommendation Regular Meeting Minutes of November 16, 2011 38085 A roll call vote was taken on the foregoing resolutions with the following result: AYES Schwartz, Pastor, Meakin, Laura, Toy, and McCann NAYS None Toy took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2011-08-03-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Schwartz, Pastor, Meakin, Laura, Toy, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Department of Law, dated November 4, 2011, re proposed amendment to Zoning Ordinance No 543, as amended, submitted by SREP Haggerty Road, L L.0 to rezone properties located at 19700 and 19860 Haggerty Road, was received and placed on file for the information of the Council (Petition 2011-08-01-05) Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2011-08-01-05) 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 November 16, 2011 38086 A communication from the Department of Law, dated November 10, 2011 , re proposed Ordinance Amendment to the Zoning Ordinance as submitted by Northern Equities Group for property located on the west side of Victor Parkway (19401 Victor Parkway), was received and placed on file for the information of the Council (Petition 2011-10-01-07) Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2011-10-01-07) 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 Pastor invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Schwartz, Pastor, Meakin, Laura, Toy, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Meakin, seconded by Schwartz, and unanimously adopted, it was #376-11 RESOLVED, that having considered a communication from the City Planning Commission, dated October 27, 2011, which transmits its resolution 10-65-2011, adopted on October 25, 2011, with regard to Petition 2011-10-08-09 submitted by Northern Equities Group, on behalf of Infineon Technologies, requesting site plan approval in connection with a proposal to construct an office building on a portion of the property at 19401 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the South 1/2 of Section 6, pursuant to the provisions set forth in Section 18 58 of Regular Meeting Minutes of November 16, 2011 38087 Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2011-10-08- 09 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Drawing Number P-4 dated October 7, 2011, prepared by Professional Engineering Associates is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Drawing Number L-1 dated October 7, 2011, prepared by Professional Engineering Associates is hereby approved and shall be adhered to, except that changes to meet LEED certification shall be permitted, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, except that changes to meet LEED certification shall be permitted, 5 That the Exterior Building Elevation Plan marked Sheet Number PE-1 dated October 13, 2011, prepared by Faudie Architecture, are hereby approved and shall be adhered to, 6 That the brick used in the construction shall be full face four (4") inch brick; 7 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of compatible character, material and color to other exterior materials on the building, 8 That the three walls of the trash dumpster areas shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use closed at all times, 9 That the petitioner shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality, Regular Meeting Minutes of November 16, 2011 38088 10 That all light fixtures shall not exceed twenty (20') feet in height as measured from the finish grade at the base of the structure to the top of the light fixture, and such fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 11 That the issues as outlined in the correspondence dated October 17, 2011, from the Livonia Fire and Rescue Division shall be resolved to the satisfaction of the Inspection Department and/or Engineering Department; 12 That the signage as depicted in the aforementioned plans is hereby approved subject to approval by the Zoning Board of Appeals, 13 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, 14 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 On a motion by Pastor, seconded by Toy, it was #377-11 RESOLVED, that having considered the report and recommendation of the Interim Superintendent of Parks and Recreation, dated October 4, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission Resolution 3257-11, adopted on September 7, 2011, wherein revisions in membership fees for the Livonia Community Recreation Center are recommended, the Council does hereby concur in the recommendation of the Parks and Recreation Commission as set forth in its Resolution 3257-11, adopted on September 7, 2011, and does hereby approve the fee increases for Annual Passes, Summer Passes and EFT Membership Fees for the Livonia Community Recreation Center as set forth in the attachment to Parks and Recreation Commission Resolution 3257-11, which is incorporated by reference as though specifically set forth herein A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Laura, Toy, and McCann NAYS Schwartz. Regular Meeting Minutes of November 16, 2011 38089 The President declared the resolution adopted On a motion by Pastor, seconded by Meakin, and unanimously adopted, it was #378-11 RESOLVED, that having considered the report and recommendation of the Interim Superintendent of Parks and Recreation, dated October 4, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission Resolution 3257-11, adopted on September 7, 2011, wherein revisions in Membership Fees for the Livonia Community Recreation Center are recommended, the Council does hereby refer the subject of Livonia Community Recreation Center Membership Fee increases to the Public Safety, Education and Recreation Committee for its report and recommendation A communication from the Department of Law, dated November 14, 2011, re additional information requested by Council regarding the latest time a movie can start at the AMC Livonia 20 located at 19500 Haggerty Road, was received and placed on file for the information of the Council (Petition 2011-08-02-12) An e-mail communication from Rich Gabbei, dated November 13, 2011, re waiver use approval submitted by American Multi-Cinema, Inc for theater located at 19500 Haggerty Road, was received and placed on file for the information of the Council (Petition 2011-08-02-12) On a motion by Meakin, seconded by Schwartz, it was #379-11 RESOLVED, that having considered a communication from the City Planning Commission, dated October 28, 2011, which transmits its resolution 10-62-2011, adopted on October 25, 2011, with regard to Petition 2011-08-02-12 submitted by American Multi-Cinema, Inc requesting waiver use approval to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with a multi-screen movie theatre (AMC Livonia 20) on property located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road (19500 Haggerty Road) in the Southwest '/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2011-08-02- 12 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of November 16, 2011 38090 1 That the use of a Class C license at this location shall be permitted only under the circumstances that the Zoning Ordinance standard set forth in Section 11 03(h)(1) requiring that there be at least a 1,000 foot separation between Class C licensed establishments is waived by the City Council 2 That the hours of operation for the bar area shall be limited to 4 00 p m to 12 00 a m Monday through Friday, and 12 00 p m to 12 00 a m on Saturdays, Sundays and holidays, 3 That wristbands shall be used to identify individuals who have purchased alcoholic beverages, 4 That no alcoholic beverages shall be permitted outside the theatre building, and 5 That no alcoholic beverages shall be permitted at events that target youth audiences FURTHER, the Council does hereby waive the 1,000 foot separation requirement set forth in Section 11 03(h)(1) of the Zoning Ordinance A roll call vote was taken on the foregoing resolution with the following result: AYES Schwartz, Pastor, Meakin, Laura, and McCann NAYS Toy The President declared the resolution adopted A communication from the Planning Commission, dated November 3, 2011, re additional information requested by Council concerning other potentially buildable lots similar to the Petitioner's property located on the west side of Henry Ruff Road between Lyndon Avenue to the north and Schoolcraft Road to the South, was received and placed on file for the information of the Council (Petition 2011-07-01- 03) On a motion by Schwartz, seconded by Meakin, and unanimously adopted, it was #380-11 RESOLVED, that having considered a communication from the City Planning Commission, dated August 29, 2011, which transmits Regular Meeting Minutes of November 16, 2011 38091 its resolution 08-44-2011, adopted on August 23, 2011, with regard to Petition 2011-07-01-03 submitted by Kucyk, Soave and Fernandes, P L.L.0 , for a change of zoning of property located on the west side of Henry Ruff Road between Schoolcraft Road and Lyndon Avenue, (14341 Henry Ruff), in the Southwest 1/4 of Section 23 from RUF to R-3, and the Council having conducted a public hearing with regard to this matter on Monday, October 10, 2011, the Council does hereby approve Petition 2011-07-01-03 for preparation of the Ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an Ordinance amending Ordinance No 543, as amended, in accordance with this resolution A petition signed by numerous Livonia residents, received in the Office of the City Clerk on November 9, 2011, re in support of the proposed senior housing facility at 37630 Plymouth Road as submitted by Danilo Josifoski, was received and placed on file for the information of the Council (Petition 2011-07-01-04) A communication from Patricia and Gary Seleski, 11778 Roselinda, Livonia, dated November 9, 2011, re stating objections to the proposed senior housing facility at 37630 Plymouth Road as submitted by Danilo Josifoski, was received and placed on file for the information of the Council (Petition 2011-07-01- 04) A letter from numerous Livonia residents, dated October 16, 2011, re in opposition to the proposed senior housing facility at 37630 Plymouth Road as submitted by Danilo Josifoski, was received and placed on file for the information of the Council (Petition 2011-07-01-04) A communication from the Planning Commission, dated November 10, 2011, re indicating that a valid protest exists with regard to the proposed rezoning of various properties as submitted by Danilo Josifoski, was received and placed on file for the information of the Council (Petition 2011-07-01-04) Regular Meeting Minutes of November 16, 2011 38092 An e-mail communication from Jorgo Stojanov, 19400 Sunset, Livonia, dated November 12, 2011, re in support of the proposed senior housing facility at 37630 Plymouth Road as submitted by Danilo Josifoski, was received and placed on file for the information of the Council (Petition 2011-07-01-04) A communication from Patricia and Gary Seleski, 11778 Roselinda, dated November 16, 2011, re in opposition to the proposed senior housing facility at 37630 Plymouth Road as submitted by Danilo Josifoski, was received and placed on file for the information of the Council (Petition 2011-07-01-04) An e-mail communication from Jason McMahan, 33395 Fargo St., Livonia, dated November 14, 2011, re in support of the proposed senior housing facility at 37630 Plymouth Road as submitted by Danilo Josifoski, was received and placed on file for the information of the Council (Petition 2011-07-01-04) On a motion by Pastor, seconded by Meakin, it was #381-11 RESOLVED, that having considered a communication from the City Planning Commission, dated September 27, 2011, which sets forth its resolution 09-49-2011 adopted on September 20, 2011, with regard to Petition 2011-07-01-04, submitted by Danilo Josifoski for a change of zoning of property located on the Southeast 1/4 of Section 30, from RUF to R-9 I, and the Council having conducted a public hearing with regard to this matter on November 9, 2011, the Council does hereby approve Petition 2011-07-01-04, as amended so as to rezone the property to R-9, for preparation of the Ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an Ordinance amending Ordinance No 543, as amended, in accordance with this resolution Richard Thomas, resident of Silver Village, addressed Council to express his support of the proposed use of the properties located along Plymouth Road in the proposed rezoning Petition as submitted by Danilo Josifoski and felt it would be a good tax base for the community with low environmental damage (Petition 2011-07-01-04) Regular Meeting Minutes of November 16, 2011 38093 Jeff Lytle, 11891 Newburgh Road, addressed Council to speak in opposition to the proposed rezoning Petition submitted by Danilo Josifoski and indicated the letters submitted to Council in support of the rezoning Petition were not written by neighboring residents and the only valid protest was submitted by himself and a neighboring property owner, Ron Carozzo Mr Lytle urged the Council to investigate possible EPA violations relative to the subject property and to investigate whether additional security and a traffic study would be necessary for the area in question (Petition 2011-07-01-04) Nick Evanoff, 11755 Hunters Park Court, stated he moved to Livonia because of its strong family values and family neighborhoods and stated it would not be in the City's best long-term interest to make use of the land as proposed by Danilo Josifoski as he felt the proposed rezoning would destabilize the region and would drive out working families from the Livonia community (Petition 2011-07-01-04) Dave Christensen, 11735 Roselinda Drive, indicated he lives in close proximity to the proposed rezoning submitted by Danilo Josifoski and would rather see single family homes be built at the subject property rather than senior housing Further, Mr Christensen expressed concern for the safety of school children at bus stops in that area as many vehicles pass the busses, even with their lights on, and indicated he was opposed to a four way traffic light being installed (Petition 2011-07-01-04) Azure Christensen, 11735 Roselinda Drive, stated she is a student whose bus stop is in the immediate area and feels unsafe at the bus stop because vehicles pass the bus even when the bus has its lights on and was opposed to a four way traffic light being installed (Petition 2011-07-01-04) George Hudock, 11783 Hunters Park Court, stated his home is in the immediate area and agreed with the concerns raised by the Christensens for the safety of school children and indicated he has witnessed two accidents since school started and suggested the matter be looked into by the Police Department. Further, Mr Hudock expressed his opposition to the rezoning of the properties as submitted by Danilo Josifoski and felt the community would be better served by appealing to future generations of Livonia by rezoning the subject property for single family homes (Petition 2011-07-01-04) Don Orlandoni, 39448 Spring Water Drive, Northville, indicated he was present as attorney on behalf of the Petitioner, Danilo Josifoski Mr Orlandoni stated he felt it was a good idea to move forward with the subject petition by putting the matter into a committee for further discussion and indicated his client agreed to step away from rezoning the property R9-1 to R-9 as a compromise (Petition 2011-07-01-04) A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Toy, and McCann NAYS Schwartz and Laura Regular Meeting Minutes of November 16, 2011 38094 The President declared the resolution adopted On a motion by Pastor, seconded by Toy, and unanimously adopted, it was #382-11 RESOLVED, that having considered a communication from the City Planning Commission, dated September 27, 2011, which sets forth its resolution 09-49-2011 adopted on September 20, 2011, with regard to Petition 2011-07-01-04, submitted by Danilo Josifoski for a change of zoning of property located on the Southeast 1/4 of Section 30, from RUF to R-9 I, and the Council having conducted a public hearing with regard to this matter on November 9, 2011, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation On a motion by Pastor, seconded by Toy, it was #383-11 RESOLVED, that having considered a communication from the Department of Law, dated November 7, 2011, 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, 20255 Development Assoc , LLC v City of Livonia and 20555 Development Assoc , LLC v City of Livonia (MU) A roll call vote was taken on the foregoing resolution with the following result: AYES Schwartz, Pastor, Meakin, Laura, Toy, and McCann NAYS None The President declared the resolution adopted On a motion by Pastor, seconded by Schwartz, it was #384-11 RESOLVED, that having considered a communication from the Department of Law, dated November 4, 2011, 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, Wertman v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Schwartz, Pastor, Meakin, Laura, Toy, and McCann Regular Meeting Minutes of November 16, 2011 38095 NAYS None The President declared the resolution adopted During Audience Communication, Pauline Holeton, 2392 Barclay Avenue, Shelby Township, addressed Council to express her opinion that all people should be allowed to speak at Council meetings pursuant to the Open Meetings Act and stated she felt Ms Adams' letter should have be read into the record Jeff Lytle, 11891 Newburgh Road, addressed Council to inquire where the statistics concerning senior housing as discussed earlier in the meeting could be obtained and thanked Council for their assistance and cooperation John Holeton, 2392 Barclay Avenue, Shelby Township, addressed Council to express his concern regarding the time constraints for audience members to address Council and indicated he felt the matter concerning Smart Meters was critical and should be addressed in more depth and at length given the hazards to citizens On a motion by Meakin, seconded by Schwartz, and unanimously adopted, this 1,693`d Regular Meeting of the Council of the City of Livonia was adjourned at 9 20 p m Terry Marecki, City Clerk