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HomeMy WebLinkAboutCOUNCIL MINUTES 2012-02-22 38160 MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETY NINTH REGULAR MEETING OF FEBRUARY 22, 2012 L. On February 22, 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 McCann led the meeting with the Pledge of Allegiance Roll was called with the following result: James McCann, Joe Laura, John Pastor, Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, and Laura Toy Absent: None Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City Attorney; Terry Marecki, City Clerk, Alex Bishop, Director of Inspection, Mike Slater, Director of Finance, Jim Inglis, Executive Director of Housing Commission, and Mayor Jack Kirksey On a motion by Robinson, seconded by Pastor, and unanimously adopted, it was. #49-12 RESOLVED, that the Minutes of the 1,698th Regular Meeting of the Council held February 8, 2012, are hereby approved as submitted On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #50-12 RESOLVED, at the request of Council Vice President John Pastor, and upon discussion of Council, the Council does hereby refer the subject matter of the Spree trailer and obtaining a permanent home for same to the Committee of the Whole for its report and recommendation Brosnan announced the Infrastructure and Community Transit Committee will meet on Monday, March 19, 2012, at 7 00 p.m in Council Chambers Regular Meeting Minutes of February 22, 2012 38161 on the Second Floor of City Hall to discuss the issue of Smart Meters Brosnan indicated representatives from DTE Energy and the Michigan Public Service Commission have been invited to participate in the meeting, although the Michigan Public Service Commission will not be attending, and encouraged residents to attend the meeting to ask any questions they may have President Toy requested a moment of silence and offered condolences to the Raymond family following the sudden, recent passing of Justine Raymond, wife of Jerry Raymond President Toy indicated Ms Raymond was an active community member who did extensive volunteer work to make the Livonia community a better place to live and would be missed by all Vice President Pastor requested a moment of silence in honor of the passing of Mayor Kirksey's sister-in-law, Marie Young, and offered condolences to the Kirksey family for their loss Mayor Kirksey introduced Jim Butler, CEO of Marycrest Manor Heights, and presented Mr Butler with the Community Enhancement Award on behalf of the Chamber of Commerce Jim Butler, CEO of Marycrest Manor Heights, thanked Mayor Kirksey and the Chamber of Commerce for their award and indicated recent construction completed at Marycrest now offers 60 apartments with many amenities for senior residents including a heated underground parking garage, weekly and monthly activities, media room, barber shop, beauty salon and most units feature a patio or balcony Mr Butler thanked the Franciscan sisters for all of their dedicated help as well as the countless volunteers who have assisted to make Marycrest Manor such a huge success Mr Butler indicated they will celebrate their 50th year on September 12th and their community will have many activities scheduled throughout the year to honor same Mayor Kirksey announced the City's Spring 2012 Newsletter will include an article addressing the expiration of the Road Millage adopted in 2002. Mayor Kirksey indicated the Road Millage adopted by voters was for a ten year period and will expire at the end of this year Mayor Kirksey expressed his intent to address the matter before Council at their Study meeting of March 26th and vote on the matter at their Regular Meeting of April 4th in order to decide if the Road Millage will be put on the August ballot for voters to decide Todd Zilincik, City Engineer, announced the City will host a meeting to discuss the Michigan Department of Transportation's Road Reconstruction Project scheduled to begin in 2013 for the 1-96 Expressway, from Newburgh Road to Telegraph Road Mr Zilincik indicated the meeting will take place on Thursday, March 1, 2012, from 5 30 to 7 30 pm on the Fifth Floor of City Hall and encouraged residents and business owners to attend the meeting to provide their input. Regular Meeting Minutes of February 22, 2012 38162 President Toy announced the following six (6) Public Hearings to be held on Monday, March 12, 2012, at 7 00 p m in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 4iimo Petition 2011-11-06-03 submitted by the City Planning Commission, pursuant to Section 23 01(B) of the Livonia Zoning Ordinance No 543, as amended, proposing to amend Section 2 11 of Article II, Flood Plain Terms, and Sections 28 01, 28 02, 28 03 and 28 04 of Article XXVIII, Special Flood Hazard Area Regulations so as to adopt new regulations listed in the Federal Government's Code of Federal Regulations, Petition 2012-01-06-01 submitted by the City Planning Commission, pursuant to Section 23 01(B) of the Livonia Zoning Ordinance No 543, as amended, proposing to amend Section 1 04 of Article I, Enabling Authority, in order to make proper reference to the State of Michigan's current Planning and Zoning Enabling Acts, Petition 2012-01-06-02 submitted by the City Planning Commission, pursuant to Section 23 01(B) of the Livonia Zoning Ordinance No 543, as amended, proposing to amend Section 2 02, 2 03, 2 06, 2 07, 2 08 and 2 10 of Article II, Definitions, in, order to make revisions to the Definitions of General Zoning Terms, Definitions Pertaining to Rights-of- Way and Public Utilities, Definitions Pertaining to Lots and Areas, Definitions Pertaining to Types of Dwellings, Definitions of Terms Relating to Commercial Buildings and Uses, and Definitions of Miscellaneous Terms, Petition 2012-01-06-03 submitted by the City Planning Commission, pursuant to Section 23 01(B) of the Livonia Zoning Ordinance No 543, as amended, proposing to amend Section 3 02, 3 04 and 3 05 of Article III, Zoning Districts, in connection with Adoption of the Zoning Map, Sections of the Zoning Map, and Amendments of the Zoning Map, Petition 2012-01-06-04 submitted by the City Planning Commission, pursuant to Section 23 01(B) of the Livonia Zoning Ordinance No 543, as amended, proposing to amend Sections 4 02 and 4 08 of Article IV, R-1 Through R-5 District Regulations, in order to eliminate the three quarter (3/4) ton weight restriction for vehicles that can be housed in a private garage, make proper citation to Michigan Compiled Laws in connection with family day care homes, and increase the allowable lot coverage, and Petition 2012-01-06-05 submitted by the City Planning Commission, pursuant to Section 23 01(B) of the Livonia Zoning Ordinance No 543, as amended, proposing to amend Sections 5 02 and 5 11 of Article V, R- U-F District Regulations, in order to eliminate redundant and conflicting language with respect to certain accessory buildings or structures and uses, and to increase the allowable lot coverage Regular Meeting Minutes of February 22, 2012 38163 President Toy indicated the Council received a letter from Leapers, Inc. informing them they have recently hired 14 new employees, increasing their staff from 39 to 53 employees President Toy wished Leapers, Inc. much success in all of their business endeavors and congratulated them on their increased business During Audience Communication, the following individuals spoke in opposition to the installation of Smart Meters in Livonia Marguerite Gwizdala, 9870 Seltzer Street, Livonia, Chaplain Doctor Charlene H Berry, 49615 Linden St., Plymouth, Russell Morphew, 29146 Roycroft, Livonia, Donna Williams, 7451 Lafayette, Dearborn Heights, Pauline Holeton, 2392 Barclay Avenue, Shelby Township, Suzanne Yarbrough, 33428 Richland Street, Livonia, John Holeton, 2392 Barclay Avenue, Shelby Township, and John Tatar, 16451 Savoie, Livonia A communication from the Planning Department, dated February 9, 2012, re minor site plan modifications for the Livonia Market Place, was received and placed on file for the information of the Council (Petition 2008-06-02-20) (CR 378-08, CR 429-08, and CR 536-08) On a motion by Brosnan, seconded by McCann, and unanimously adopted, it was #51-12 RESOLVED, that having considered a letter from Mike Horback, President, Michelle Horback Palgut Memorial Fund, dated January 31, 2012, with the accompanying information, the Council does hereby take this means to indicate that the Michelle Horback Palgut Memorial Fund is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording the Michelle Horback Palgut Memorial Fund an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute #52-12 RESOLVED, that having considered a communication from the City Clerk, dated January 27, 2012, forwarding an application submitted by Jennifer Lei Hunter, 33074 Benson Drive, Westland, Michigan 48185, 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 Regular Meeting Minutes of February 22, 2012 38164 #53-12 RESOLVED, that having considered a communication from the Mayor, dated February 2, 2012, concerning the reappointment of Jacob Ghannam to the Board of Ethics, and pursuant to Section 2 200 070 of the Livonia Code of Ordinances, as amended, the Council does hereby consent to and confirm the reappointment of Jacob Ghannam, 35202 Curtis, Livonia, Michigan 48152, to the Board of Ethics for a three year term commencing March 1, 2012, and expiring March 1, 2015 #54-12 RESOLVED, that having considered a communication from the Mayor, dated February 2, 2012, concerning the reappointment of Audrey Greenleaf to the Board of Ethics, and pursuant to Section 2.200 070 of the Livonia Code of Ordinances, as amended, the Council does hereby consent to and confirm the reappointment of Audrey Greenleaf, 37721 Bristol, Livonia, Michigan 48154, to the Board of Ethics for a three year term commencing March 1, 2012, and expiring March 1, 2015 #55-12 RESOLVED, that having considered the report and recommendation of the Interim Superintendent of Parks and Recreation, dated February 1, 2012, 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 Corporate Dining Concepts, 1645 W Hamlin Road, Rochester Hills, MI 48309, to supply the Parks and Recreation Department with beverage and snack vending service at the Livonia Community Recreation Center for a three-year term commencing on May 1, 2012, through April 30, 2015, with Corporate Dining Concepts to pay the City a portion of their revenue from such vending machines as detailed in their proposal, the same having been the most advantageous bid received by the City for this item, and the Mayor and City Clerk are hereby authorized to execute an agreement for and on behalf of the City of Livonia with the aforesaid bidder, subject to approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution #56-12 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated January 30, 2012, which is approved for submission by the Mayor, and which indicates that the Housing Commission has recommended adjustments in the admission income limits for Silver Village, Newburgh Village and City-owned homes, the Council does hereby concur and approve of the recommended action with respect to admission income limits and does hereby approve the following adjustments. ADMISSION Present Income LimitsRevised Income Limits Regular Meeting Minutes of February 22, 2012 38165 One Person $37,200 $36,600 Two Persons $42,500 $41,800 Three Persons $47,800 Four Persons $53,100 $52,250 Five Persons $57,350 $47,050 $56,450 Six Persons $61,600 $60,650 #57-12 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 one (1) 4-wheel drive tractor with a 200CX Loader attachment, a 46 Backhoe attachment and Enviro-Rim tires from Thesier Equipment Company, 28342 Pontiac Trail, South Lyon, Michigan 48178, for a total price of $21,963 87, 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 #58-12 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated January 19, 2012, approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system to be constructed by the owner of the property, at their expense, as part of the development of the property located on the south side of Five Mile Road, west of Inkster Road in the Northeast 1/4 of Section 24, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans, and further that the City will accept jurisdiction and maintenance (at no expense to the County) of the entire on- site storm sewer collection system within the property located on the south side of Five Mile Road, west of Inkster Road in the Northeast 1/4 of Section 24 (see attached letter from the owner, Leo Soave Building Company, 20592 Chestnut Circle, Livonia, Michigan 48152, indicating its willingness to reimburse the City for any such maintenance that may become necessary), 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction, Regular Meeting Minutes of February 22, 2012 38166 3 To authorize the Mayor to execute the storm water facilities maintenance agreement on behalf of the City #59-12 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 13, 2011, and the report and recommendation of the Chief of Police, dated February 8, 2012, approved for submission by the Mayor, the Council does hereby approve of the request from KIMJ, Inc. for transfer of ownership of a 2011 SDD and SDM licensed business from Newburgh Group, Inc., for the business located at 15365 Newburgh, Livonia, Michigan 48154, Wayne County, inasmuch as the same would meet all local statutory and ordinance requirements, 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: AYES McCann, Laura, Pastor, Robinson, Brosnan, Kritzman, and Toy NAYS None Vice President Pastor provided a verbal update on the request to replace the ground signs of the medical center located at 37595 Seven Mile Road, as submitted by ASI Signage Innovations, and indicated the Petitioner would submit a new signage proposal in the future and the item would remain in the Committee of the Whole at this time (Petition 2011-08-SN-01) Vice President Pastor provided a verbal update on the change of zoning of property located on the Southeast 1/4 of Section 30, as submitted by Danilo Josifoski, from RUF to R-9 1 and indicated it was the report and recommendation of the Committee of the Whole the matter be discharged On a motion by Pastor, seconded by McCann, and unanimously adopted, it was #60-12 RESOLVED, that having received the report and recommendation of the Committee of the Whole, 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 1, is hereby discharged from the Committee of the Whole Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 50D OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE. (Petition 2011-10-06-02) Regular Meeting Minutes of February 22, 2012 38167 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 Finance, dated February 15, 2012, re additional information on the request to amend the Credit Card Policy, was received and placed on file for the information of the Council (CR 161-05) On a motion by Brosnan, seconded by Robinson, and unanimously adopted, it was. #61-12 RESOLVED, that having considered a communication from the Director of Finance, dated February 1, 2012, approved for submission by the Mayor, requesting an amendment to the Credit Card Policy, as set forth in CR 161-05, adopted on April 13, 2005, regulating credit card transactions and a subsequent communication from the Director of Finance, dated February 15, 2012, approved for submission by the Mayor, the Council does hereby concur and approve of the requested amendment and the Credit Card Policy is hereby amended to add a new item 11, which shall read as follows. "Notwithstanding the limitations set forth in paragraph 9, purchases made pursuant to a corporate rewards program through a credit card maintained in Accounts Payable shall not be restricted by credit limitations Furthermore, the rebate credits earned pursuant to a corporate rewards program shall be deposited into the fund from which the corresponding purchase was made " On a motion by Pastor, seconded by Kritzman, and unanimously adopted, it was #62-12 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 1, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a report containing an explanation of the proposed 2012-2013 Community Development Block Grant (CDBG) Program and tentative Budget, the Council does hereby take this means to indicate its informal approval of the proposed program and tentative budget and does further authorize Regular Meeting Minutes of February 22, 2012 38168 the Housing Commission to conduct a second public hearing on this matter for public comment and to thereafter prepare a final program and Budget for submission to the City Council. A communication from the Inspection Department, dated February 16, 2012, re assessed property value of property located at 18305 Melvin, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #63-12 RESOLVED, that having considered a communication from the Hearing Officer, dated January 9, 2012, submitted by the Director of Inspection and approved for submission by the Mayor, with regard to a request to demolish the residential structures and detached garage located at 18305 Melvin, Livonia, Michigan, the legal description of which is as follows Northerly 100 feet of Lot 15, part of lot 4 of the Northeast 1/4 of Section 11, Town 1 South, Range 9 East, Livonia Township, Wayne County, Michigan as recorded in Liber 1337 of Deeds, Page 473, more particularly described as the Southerly 100 feet of the Northerly 2100 feet of the following described parcel i e , beginning at a point in the East and West 1/4 line of Section 11, distant South 89 degrees, 00 minutes West, 1784 46 feet from the East 1/4 post of Section 11, thence North 0 degrees, 50 minutes East, 2400 8 feet; thence North 89 degrees, 00 minutes east, 215 feet; thence South 0 degrees, 50 minutes West, 2400 6 feet to the East and West 1/4 line, thence South 89 degrees, 00 minutes West, 215 feet along the East and West % line to the point of beginning, except the Southerly 10 feet thereof deeded to the Board of County Road Commissioners, Tax ID No 46-041-99-0059-000 and the Council having conducted a public hearing with regard to this matter on February 13, 2012, and based upon the testimony and evidence presented, and having reviewed the file and the order for demolition of the Hearing Officer, the Council does hereby determine, in accordance with the provisions set forth in Chapter 15 52 (Dangerous Buildings) of the Livonia Code of Ordinances, as amended, to concur in and approve the order of demolition of the Hearing Officer; FURTHER, the Director of Inspection is hereby authorized to do all things necessary to accomplish the demolition of the said structures on or after March 8, 2012, in accordance with provisions of City Ordinance and law, the cost of which is to be borne by the owner(s) of the said property in accordance with Section 15 52 180 of the Livonia Code of Ordinances. Regular Meeting Minutes of February 22, 2012 38169 On a motion by Brosnan, seconded by Kritzman, and unanimously adopted, it was. #64-12 RESOLVED, that having considered a communication from the Interim Superintendent of Parks and Recreation, dated February 1, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations, in the total amount of $8,423 00, from the sources indicated therein for use by the Department of Parks and Recreation as indicated in the aforesaid communication; FURTHER, the Council does hereby appropriate and credit the amount of $1,205 00 to Account No 208-000-690-010 and $7,218 00 to Account No 702-285-125 for the purposes as designated by the donors During Audience Communication, Ron Yarbrough, 33428 Richland Street, addressed Council to express his opposition to the installation of Smart Meters pursuant to House Bill 5411 Frank Anooma, 17490 Edgewood, addressed Council to inquire if the City has researched installing additional LED lighting throughout the community in an effort to help conserve energy and save money On a motion by McCann, seconded by Pastor, and unanimously adopted, this 1,699th Regular Meeting of the Council of the City of Livonia was adjourned at 9 25 p m A \ A 1L Lott_e Terry(A). Marecki, City Clerk