Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 2012-02-08 38147 MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETY EIGHTH REGULAR MEETING OF FEBRUARY 8, 2012 On February 8, 2012, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Kritzman led the meeting with the Pledge of Allegiance Roll was called with the following result: Brandon Kritzman, James McCann, Joe Laura, John Pastor, Thomas Robinson, Maureen Miller Brosnan, and Laura Toy Absent: None 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, and Mayor Jack Kirksey On a motion by Pastor, seconded by Robinson, it was #36-12 RESOLVED, that the Minutes of the 1,697th Regular Meeting of the Council held January 25, 2012, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Kritzman, McCann, Laura, Pastor, Robinson, and Brosnan NAYS None PRESENT Toy President Toy declared the resolution adopted Robinson requested a moment of silence to honor the passing of the founder of the Livonia Symphony Orchestra, Frank DiBlasi, who Robinson indicated contributed greatly to the quality of life for Livonia residents Laura wished a Happy 50th Birthday to Vice President Pastor President Toy wished a Happy Birthday to City Attorney, Don Knapp Regular Meeting Minutes of February 8, 2012 38148 Vice President Pastor wished a Happy Birthday to Councilmember Katzman President Toy requested a moment of silence to honor the recent passing of several retirees from the City. Terry McDonald from the Department of Public Works, Patricia Miencier, former Deputy Clerk, and Irene Zahara, retiree from the Clerk's Office President Toy stated all of these retirees served the City well and would be greatly missed Mayor Kirksey introduced Jim Inglis, Director of Housing Commission Mr Inglis announced the Energy Grant the City obtained from DTE resulted in energy surveys being conducted of City-owned buildings The energy audit revealed City Hall was the least energy efficient building, which resulted in numerous energy improvements being conducted at City Hall Mr Inglis reported the energy improvements resulted in energy savings and rebates which would be presented by Consumers Energy and introduced Greg Meyer, representative of Consumers Energy Greg Meyer, Consumers Energy representative, presented an energy savings rebate check in the amount of $27,614 12 to the City of Livonia, together with a plaque honoring the City's commitment to being energy efficient. Mayor Kirksey and Vice President Pastor accepted the rebate check and plaque from Consumers Energy on behalf of Livonia Mayor Kirksey thanked Consumers Energy for recognizing Livonia for its efforts in becoming more energy efficient and for allowing the City to participate in the energy savings program President Toy announced there will be numerous Council Committee meetings scheduled for the near future to discuss varied items that have been referred to the respective Council Committees During Audience Communication, Ron Yarbrough, 33428 Richland Street, Livonia, addressed Council to express his concern for the installation of Smart Meters in the community Mr Yarbrough indicated he had contacted Senator Anderson and Representative Walsh who advised him the best way to proceed would be to have City Council adopt a resolution banning Smart Meters Suzanne Yarbrough, 33428 Richland Street, Livonia, addressed Council to express her concern for the amount of radiation emitted by Smart Meters and the health risks they may cause and encouraged Council to take the necessary steps to prevent them from being installed within the community Marguerite Gwizdala, 9870 Seltzer Street, Livonia, addressed Council to express her concern for the radiation emitted by Smart Meters and requested Council adopt a resolution banning same Regular Meeting Minutes of February 8, 2012 38149 Russell Morphew, 29146 Roycroft Street, Livonia, addressed Council to express his concern for the installation of Smart Meters in the community and requested Council adopt a resolution banning same Chaplain Doctor Charlene H Berry, 49615 Linden, Plymouth, addressed Council to express her concern for the installation of Smart Meters in the community and requested Council adopt a resolution banning same Ms Berry expressed her belief the meters pose serious health problems and encouraged Council to take action Donna Williams, 7451 Lafayette, Dearborn Heights, addressed Council to express her concerns regarding the installation of Smart Meters in the community and requested Council adopt a resolution banning same Ms Williams stated her belief that Smart Meters pose health concerns, fire risks, invasion of privacy and will cause utility bills to be more expensive John Tatar, 16451 Savoie, Livonia, addressed Council and indicated he was employed for 31 years with Livonia Public Schools and served the country in the military Mr Tatar indicated Smart Meters present serious health concerns and violated residents' Fourth Amendment rights and encouraged Council to adopt a resolution banning same A communication from Ron Yarbrough and Suzanne Yarbrough, 33428 Richland Street, Livonia, dated February 8, 2012, and presented to Council during Audience Communication, re expressing opposition to the installation of Smart Meters in Livonia due to potential health and privacy concerns they may pose, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #37-12 RESOLVED, the Council does hereby refer the subject matter of Smart Meters and whether or not the City of Livonia has the authority to opt of same, to the Law Department for its report and recommendation On a motion by Laura, seconded by Robinson, and unanimously adopted, it was #38-12 RESOLVED, the Council does hereby refer the subject matter of how Council meetings are scheduled to the Committee of the Whole for its report and recommendation Regular Meeting Minutes of February 8, 2012 38150 On a motion by Pastor, seconded by Robinson, it was #39-12 RESOLVED, that having considered a letter from Scott Kelley, Project Manager, Fusco, Shaffer & Pappas, Inc , dated January 17, 2012, requesting a waiver of the sidewalk requirement in front of 20298 Hubbard Street, and having further considered the report and recommendation of the City Engineer, dated January 18, 2012, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to the lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date #40-12 RESOLVED, that having considered a communication from the City Clerk, dated January 23, 2012, forwarding an application submitted by Nichole Calme, 12853 Dixie, Redford, Michigan 48239, for a massage apprentice permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #41-12 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated January 17, 2012, the Council does hereby consent to and confirm the reappointment of Jollietta Coleman, 14174 Richfield, Livonia, Michigan 48154, to the Board of Review for a term of three years commencing February 17, 2012, and expiring February 16, 2015 #42-12 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 19, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of eight (8) Toro ZTR, Model 74975 29 H P propane powered Kawasaki mowers with 60" Turbo Force decks through the Michigan Intergovernmental Trade Network (MITN) from Commercial Lawnmower, 32098 Plymouth Road, Livonia, Michigan 48150, for a total price of $85,400 00, the same to be expended from funds already budgeted in Account No 401-000-987-000 (Capital Outlay) for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract Agreement No 07160200329) 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 Regular Meeting Minutes of February 8, 2012 38151 #43-12 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 23, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of three (3) John Deere Gators with three (3) Boss 6'6" v-plows and three (3) Snoway Model 6 salt spreaders from Thesier Equipment Company, 28342 Pontiac Trail, South Lyon, Michigan 48178, for a total price of $65,602 50, the same to be expended from funds already budgeted in Account No 401-000-987-000 (Capital Outlay) for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract Agreement No 071B0200317) 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 #44-12 RESOLVED, that having considered a communication from the Superintendent of Public Works — Operations and the Director of Public Works, dated January 20, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting an additional appropriation and expenditure for the removal of an additional 66 trees and stump grinding under the 2011 Tree and Stump Removal Program, previously authorized in Council Resolution No 44-11, the Council does hereby appropriate and authorize an additional expenditure in an amount not to exceed $10,069 00 from Account No 205-527-818-045 (Municipal Refuse Fund Contractual Services — Forestry), for this purpose, FURTHER, the Council does hereby authorize final payment to be made to Greener Still, Inc , 19119 Schoolcraft, Detroit, Michigan 48223 in the amount of$10,069 00 for this work #45-12 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 19, 2011, and the report and recommendation of the Chief of Police, dated January 27, 2012, approved for submission by the Mayor, the Council does hereby approve of the request from American Multi-Cinema, Inc (a Missouri corporation) to transfer ownership of an escrowed 2011 B Hotel Licensed business with Dance Permit and Official Permit (Food) from Advantage Landscape and Development Company, Inc , as well as the request to transfer classification from a B Hotel License to a Class C License and the request to transfer location (Governmental Unit) (MCL 436 1531(1)) from 31500 Wick, Romulus, MI 48174, Wayne County, for a business located at 19500 Haggerty Road, Livonia, MI 48152, Wayne County, and request for new Official Permit (Movie Theatre), and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolutions with the following result: Regular Meeting Minutes of February 8, 2012 38152 AYES Katzman, McCann, Laura, Pastor, Robinson, Brosnan, and Toy NAYS None On a motion by Brosnan, seconded by Robinson, it was RESOLVED, that having considered a communication from the City Planning Commission, dated December 15, 2011, which transmits its resolution #12-73-2011, adopted on December 13, 2011, with regard to Petition 2011-11-08-13 submitted by Jones Lang LaSalle/Bank of America requesting approval of all plans in connection with a proposal to construct a bank (Bank of America) on Buildable Area "G" within the Livonia Marketplace Shopping Center, located on the north side of Seven Mile Road between Middlebelt Road and Purlingbrook Avenue in the Southeast 1/4 of Section 2, 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 2011-11-08-13 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet No C-1 dated November 18, 2011, prepared by Kraft Engineering & Surveying, Inc , is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet No L-1 dated December 7, 2011, as revised, prepared by Kraft Engineering & Surveying, Inc , is hereby approved and shall be adhered to, 3 That the Exterior Building Elevation Plan as prepared by Nelco Architecture Corporation, marked A09 11A, dated November 22, 2011, as revised, showing brick on the upper part of the south elevation of the building between the cornice and the metal panel system, and as depicted on the color rendering submitted to the City Council at its Study meeting on January 30, 2012, is hereby approved and shall be adhered to, 4 That the revised Exterior Building Elevation Plan, showing three (3) windows along the east (rear) elevation, marked A09 11B dated November 22, 2011, as revised, prepared by Nelson, is hereby approved and shall be adhered to, 5 That the brick used in the construction shall be full face four (4") inch brick, 6 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible Regular Meeting Minutes of February 8, 2012 38153 character, material and color to other exterior materials on the building, 7 That the three walls of the trash dumpster area 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, 8 That this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required 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 Natural Resources and Environment (DNRE), 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 all conditions imposed by Council Resolution #429-08 shall remain in effect to the extent that they are not in conflict with the foregoing conditions, 12 That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 13 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 Following discussion by Council of the proposed resolution, Councilmember Kritzman requested a friendly amendment to the above resolution to add the condition that the material used along the bottom portion of the entire proposed building be of stone material rather than burnished brick. Brosnan accepted Kntzman's friendly amendment to the proposed resolution Regular Meeting Minutes of February 8, 2012 38154 On a motion by Brosnan, seconded by Robinson, and unanimously adopted, it was #46-12 RESOLVED, that having considered a communication from the City Planning Commission, dated December 15, 2011, which transmits its resolution #12-73-2011, adopted on December 13, 2011 with regard to Petition 2011-11-08-13 submitted by Jones Lang LaSalle/Bank of America requesting approval of all plans in connection with a proposal to construct a bank (Bank of America) on Buildable Area "G" within the Livonia Marketplace Shopping Center, located on the north side of Seven Mile Road between Middlebelt Road and Purlingbrook Avenue in the Southeast 1/4 of Section 2, 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 2011-11-08-13 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet No C-1 dated November 18, 2011, prepared by Kraft Engineering & Surveying, Inc , is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet No L-1 dated December 7, 2011, as revised prepared by Kraft Engineering & Surveying, Inc , is hereby approved and shall be adhered to, 3 That the Exterior Building Elevation Plan as prepared by Nelco Architecture Corporation, marked A09 11A, dated November 22, 2011, as revised, showing brick on the upper part of the south elevation of the building between the cornice and the metal panel system, and as depicted on the color rendering submitted to the City Council at its Study Meeting on January 30, 2012, is hereby approved and shall be adhered to, 4 That the revised Exterior Building Elevation Plan, showing three (3) windows along the east (rear) elevation, marked A09 11B dated November 22, 2011, as revised, prepared by Nelson, is hereby approved and shall be adhered to, 5 That the material used along the bottom portion of the entire building shall be of stone material rather than burnished brick, 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 a compatible Regular Meeting Minutes of February 8, 2012 38155 character, material and color to other exterior materials on the building, 8 That the three walls of the trash dumpster area 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 this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required 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 Natural Resources and Environment (DNRE), 10 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, 11 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 12 That all conditions imposed by Council Resolution #429-08 shall remain in effect to the extent that they are not in conflict with the foregoing conditions, 13 That the specific plan 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 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 Jason Wagner, Nelson & Associates, 100 N Broadway, St. Louis, MO, 63102, was present on behalf of the Petitioner to answer any questions of Council On a motion by Brosnan, seconded by Pastor, it was #47-12 RESOLVED, that having considered a communication from the City Planning Commission, dated December 15, 2011, which transmits Petition 2011-11-08-13 submitted by Jones Lang LaSalle/Bank Regular Meeting Minutes of February 8, 2012 38156 of America requesting approval of all plans in connection with a proposal requesting approval to construct a bank (Bank of America) on Buildable Area "G" within the Livonia Marketplace Shopping Center, located on the north side of Seven Mile Road between Middlebelt Road and Purlingbrook Avenue in the Southeast 1/4 of Section 2, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby waive the twelve foot (12') width requirement set forth in Section 11 03(c)(3)d of Zoning Ordinance No 543, as amended, to allow for a minimum nine-foot (9') width for all three drive- up lanes and the bypass lane for drive-thru traffic A roll call vote was taken on the foregoing resolution with the following result: AYES Kritzman, McCann, Laura, Pastor, Robinson, Brosnan, and Toy NAYS None President Toy declared the resolution adopted On a motion by McCann, seconded by Pastor, and unanimously adopted, it was #48-12 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda McCann gave first reading to the following Ordinance AN ORDINANCE AMENDMENT ADDING SECTION 190 OF TITLE 15, CHAPTER 36 (GRADING AND SOIL EROSION CONTROL) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, ADDRESSING FLOODPLAIN MANAGEMENT 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 McCann 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 Kritzman, McCann, Laura, Pastor, Robinson, Brosnan, and Toy NAYS None Regular Meeting Minutes of February 8, 2012 38157 The President declared the foregoing Ordinance duly adopted, and would become effective on publication During Audience Communication, Ron Churchill, 52811 Mound Road, Shelby Township, addressed Council to express concern for protecting Livonia citizens and encouraged Council to adopt a resolution banning the installation of Smart Meters within the community Mr Churchill indicated Council has been elected to serve the public and residents have expressed their concerns and objections to Smart Meters coming in to the community and encouraged Council to protect its residents Pauline Holeton, 2392 Barclay Avenue, Shelby Township, addressed Council to express there are no mandates in place for the installation of Smart Meters Ms Holteon expressed concern for residents because of the health risks involved as a result of the radiation emitted by Smart Meters Ms Holeton asked Council to host a televised meeting with representatives from DTE Energy to answer any questions or concerns of residents and encouraged Council to adopt a resolution to protect the citizens of Livonia John Holeton, 2392 Barclay Avenue, Shelby Township, encouraged Council to explore the medical studies that have been produced illustrating radiation levels are harmful to the health of citizens Mr Holeton stated the amount of radiation emitted by Smart Meters has yet to be determined and they are not mandatory, as he has learned from the Michigan Public Service Commission Mr Holeton urged Council to adopt a resolution to protect Livonia citizens Ron Yarbrough, 33428 Richland Street, Livonia, addressed Council to inquire what differences were made in the 2012 edition of the International Property Maintenance Code book as opposed to the 1997 Code book. Brosnan offered congratulations to City Engineer, Todd Zilincik, and the entire Engineering Department for their dedicated work in obtaining a grant from the Michigan Department of Environmental Quality in the amount of $977,000 for the installation of equipment for televising sewer lines as well as the cleaning of same that took place in April, 2011 Brosnan also congratulated City Planner and Economic Development Director, Mark Taormina, as well as Mayor Kirksey, for their dedicated efforts and assistance in bringing Trinity Health to Livonia Brosnan indicated Trinity Health is scheduled to relocate its corporate offices to Livonia along Victor Parkway in January, 2013, and indicated these endeavors will greatly benefit all of the citizens of Livonia President Toy announced the University of Michigan will be developing a portion of the vacant land located at the Seven Mile and Haggerty Road intersection and will be putting in a large medical facility on that property President Toy thanked all those who help make the Livonia community a great place to live Regular Meeting Minutes of February 8, 2012 38158 Robinson wished a Happy Birthday to his wife, Julie, and wished his grandmother a Happy 99th birthday as well On a motion by McCann, seconded by Laura, and unanimously adopted, this 1,698th Regular Meeting of the Council of the City of Livonia was adjourned at 9 04 p m Terry arecki, City Clerk