HomeMy WebLinkAboutCOUNCIL MINUTES 2014-08-1839139
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FIFTY-NINTH
REGULAR MEETING OF AUGUST 18, 2014
On August 18, 2014, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by President Brosnan at
7:00 p.m. Council Vice President Brian Meakin gave the Invocation.
Roll was called with the following result: Brian Meakin, Laura Toy, Lynda
Scheel, Susan Nash, Brandon Kritzman, John Pastor and Maureen Miller Brosnan.
Absent: None.
Elected and appointed officials present: Mark Taormina, City Planner, Todd
Zilincik, City Engineer; Jackie Higham, Secretary II; Terry Marecki, City Clerk; and Don
Knapp, City Attorney.
On a motion by Pastor, seconded by Scheel, it was:
#242-14 RESOLVED, that the Minutes of the 1,758tn Regular Meeting
of the Council held August 6, 2014, are hereby approved as submitted.
A roll call vote was taken with the following result.-
AYES:
esult:
AYES: Meakin, Toy, Scheel, Nash, Pastor, Brosnan
NAYS: None
PRESENT: Kritzman
Councilperson Pastor wished State Representative John Walsh a happy
birthday.
Councilperson Kritzman sent birthday greetings to daughters Jacqueline
and Anna, and wife Rebecca.
Vice President Meakin also sent his daughter Kelly Ann and City Clerk Terry
Marecki birthday greetings for both of their birthdays coming up on Sunday, August 24tH
President Brosnan indicated there was 1X item on the agenda and that
there is new data on Items #4 and #11.
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President Brosnan announced two Public Hearings to be heard in the
Auditorium of City Hall, 33000 Civic Center Drive, Livonia, Michigan for the following items
on September 8, 2014 at 7:00 p.m.:
Proposed Revised Special Assessment District hearing of necessity for the
Levan Road Sanitary Sewer Project, for a 10 -inch sanitary sewer main to
service properties located at 15160, 15200 and 15230 Levan Road, in the
Clty of Livonia, Wayne County, Michigan, pursuant to Chapter 08 of Title 3
of the Livonia Code of Ordinances, as amended, entitled "Special
Assessment Procedure Ordinance." (CR 448-12, CR 107-13, CR 178-13,
CR 342-13, CR 190-14, and CR 236-14)
2. Petition 2014-07-06-01 submitted by the City Planning Commission,
pursuant to Council Resolution 174-14 and Section 23.01(a) of the Livonia
Zoning Ordinance No. 543, as amended, proposing to amend Section
11.03(p) of Article XI to require as a condition of the granting of any waiver
for a retail building or space of thirty thousand (30,000) square feet or more
intended to be a single unit, a statement that the building as proposed will
be attractive to other tenants in the event the initial tenant ceases its
occupancy of the building, including a description of the features of the
building which will make it attractive to prospective replacement tenants.
There was no Audience Communication at the beginning of the meeting.
At the direction of the Chair, per the request of Vice President Meakin,
Agenda Item #7 was removed from the Consent Portion of the Agenda and would be
addressed during the Regular portion of the Agenda.
An e-mail communication was received from the Department of Law dated
August 18, 2014, re: removing the second resolution prepared under Item #4 since
property located at 27560 Joy Road (Parcel #144-99-0161-000) was addressed and
resolved by the Planning Commission at its September 17, 2013 meeting
per Planning Commission Resolution #09-53-2013, was received and placed on file for
the information of the Council.
A communication from the Department of Finance, dated July 24, 2014,
re: forwarding various financial statements of the City of Livonia for the month ending
May 31, 2014 was received and placed on file for the information of the Council.
On a motion by Toy, seconded by Scheel, and unanimously adopted, it was:
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39141
#243-14 RESOLVED, that having considered an application from Karen
Shatter, 15642 Sussex, dated July 15, 2014, requesting permission to close
Sussex Street between Fitzgerald and Sherwood on Saturday, September
6, 2014, from 1:00 p.m. to 10:00 p.m. for the purpose of conducting a block
party, the Council does hereby grant permission as requested, including
therein permission to conduct the said affair on Sunday, September 7, 2014,
in the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
#244-14 RESOLVED, that having considered an application from
Robert Telep, 37562 Southampton Street, dated July 20, 2014, requesting
permission to close Sunnydale Street at the cul-de-sac intersection
between Richfield and Huff on Saturday, September 27, 2014, from 2:00
p.m. to 8:00 p.m. for the purpose of conducting a block party, the Council
does hereby grant permission as requested, the action taken herein being
made subject to the approval of the Police Department.
#245-14 RESOLVED, that having considered an application from
Sharlene Dostal, 9614 Woodring, dated July 22, 2014, requesting
permission to close Woodring between West Chicago and Orangelawn on
Saturday, September 6, 2014, from 3:00 p.m. to 10:00 p.m. for the purpose
of conducting a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the approval of
the Police Department.
#246-14 RESOLVED, that having considered a communication from
Dale R. Donahue, dated July 15, 2014, requesting to purchase City -owned
property located at 27560 Joy Road (Parcel #144-99-0161-000), in order to
erect a garage and maintain the property, the Council does hereby refer this
matter to the administration for its report and recommendation.
#247-14 RESOLVED, that having considered a communication from
Claude Poynter, Superior Development Inc., received in the office of the
City Clerk on July 18, 2014, requesting a waiver of the sidewalk requirement
for 20180 Mayfield, and having further considered the report and
recommendation of the City Engineer, dated July 21, 2014, 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 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.
#248-14 RESOLVED, that having considered an email communication
from Steven Johnson, dated July 22, 2014, which requests permission to
waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances,
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016.1 E YJ
as amended, to allow a band to play music from 2:00 p.m. to 10:00 p.m. at
18240 Sunset Street, in connection with a marriage celebration scheduled
for Sunday, September 7, 2014, the Council does hereby grant permission
as requested.
#249-14 RESOLVED, that having considered a communication from
the Superintendent of Public Service -Environment & Utilities and the
Director of Public Works, dated July 3, 2014, 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 two (2) single axle cab and
chassis dump trucks through the Rochester Hills Co-op Award Agreement,
for the Public Service Division to use as replacement vehicles, from
Wolverine Freightliner, 107 S. Groesbeck, Mt. Clemens, Michigan 48043,
in the total amount of $175,056.00, and to use Truck and Trailer Specialties,
6727 Hanna Lake, Dutton, Michigan 49316, as the outfitter to outfit the
trucks, in the total amount of $173,012.00, for a total cost of $348,068.00,
the same having been in fact the lowest bid received and meets all
specifications. FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $348,068.00 from funds budgeted
in Account No. 401-000-985-010 (Capital Outlay Budget -Roads
Maintenance Section) for this purpose.
#250-14 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director, of Public Works,
dated July 24, 2014, with regard to the City's request to approve a Change
Order to Contract 14-A with Nagle Paving Company, the Council does
hereby approve a change order to Contract 14-A with Nagle Paving
Company, 36780 Amrhein, Livonia, Michigan 48150, in order to make
miscellaneous repairs to the City's existing catch basins, replacing some
selective deteriorated sections of concrete sidewalk, and performing
asphalt parking lot repairs during the scheduled shut down of the Livonia
Community Recreation Center from August 25, 2014 through August 29,
2014; FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $20,000.00 from funds already budgeted in Account
No: 208-755-974-000 for this purpose; and the City Engineer is hereby
authorized to approve minor adjustments in the work as it becomes
necessary.
A roll call was taken on the foregoing resolutions with the following result:
AYES: Meakin, Toy, Scheel, Nash, Kritzman, Pastor, Brosnan
NAYS: None.
A presentation from Asset Strategies, dated August 6, 2014, was received
and placed on file for the information of the Council.
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On a motion by Meakin, supported by Scheel, and unanimously adopted, it was:
#251-14 RESOLVED, that having considered a communication from
the Human Resources Director and Secretary to Livonia Employees
Retirement, dated July 16, 2014, forwarding a request from Asset Strategies
to prepare a custom service proposal for a full due diligence review of the
City's Defined Contribution Plan and the Deferred Compensation Plans, in
order to determine whether the City and its employees are receiving the
best possible programs currently available, the Council does hereby deem
that no further action be taken on this item.
A communication from Councilmember Laura Toy, dated July 23, 2014, re:
history and background information on the fireworks issue, was received and placed on
file for the information of the Council.
A communication from the Department of Law, dated July 25, 2014, re: the
Status of current fireworks ordinances, was received and placed on file for the information
of the Council.
An email communication from K.J. Bartlett, dated July 7, 2014, re:
annoyance of fireworks, was received and placed on file for the information of the Council.
An email communication from Luann Towne, dated July 7, 2014, re:
changing the time that fireworks should end, was received and placed on file for the
information of the Council.
On a motion by Toy, supported by Meakin, and unanimously adopted, it was:
WHEREAS, the Michigan Fireworks Safety Act was adopted in 2011 as a
well-meaning attempt to boost Michigan business and generate additional
sales tax revenue; and
WHEREAS, tragic incidents of injury and death demonstrate that the
increased availability of dangerous fireworks legalized by the Michigan
Fireworks Safety Act is a threat to the health and safety of citizens of Livonia
and other Michigan communities; and
WHEREAS, during the July 4th holiday, more than 300 calls to police in
Livonia alone complaining about inappropriate firework use and the
attendant noise demonstrate that the Michigan Fireworks Safety Act in its
current form constitutes a threat to the welfare of citizens of Livonia and
other Michigan communities; and
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WHEREAS, local communities should have authority to regulate fireworks
discharge especially in densely populated areas; and
WHEREAS, the additional business/revenue generated by the Michigan
Fireworks Safety Act has not been sufficient to compensate residents for
the threat to their health, safety, and welfare, nor to compensate
communities for the loss of local control in these matters; and
WHEREAS, previous efforts to amend the Michigan Fireworks Safety Act
have failed to resolve these problems;
#252-14 RESOLVED, that the City Council of the City of Livonia does
hereby take this means to indicate its support for repeal or revision of the
Michigan Fireworks Safety Act; does hereby direct that copies of this
resolution be forwarded to Governor Rick Snyder, State Representative
John Walsh, State Representative Phil Cavanagh, State Senator Glenn
Anderson, and the Michigan Municipal League State and Federal Affairs
Division, and does hereby authorize and direct the Mayor to seek repeal or
appropriate revisions of the Michigan Fireworks Safety Act.
A roll call vote was taken thereon with the following result:
AYES: Meakin, Toy, Scheel, Nash, Kritzman, Pastor, Brosnan
NAYS: None.
A communication from Councilmember Laura Toy, dated August 14, 2014,
re: placing the proposed amendment to Code of Ordinances relating to dogs in a
committee for the Council to review closer.
A communication from City Clerk Terry Marecki, dated August 18, 2014,
re: three year dog licenses was received and placed on file for the information of the
Council.
Steven G. Cohen, 30833 Northwestern Highway, Suite 205A, Farmington
Hills, addressed the broadness of the term "kennels" in the ordinance language.
Dr. Betty Jean Harper, 9525 Wayne, addressed the Council concerning
new definitions being established for the language in the ordinance.
Dr. Denise Bollin, 19066 Farmington Road, Allen Animal Hospital, also
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expressed concern over the language of the ordinance, pointing out the distinction
between housing and hospitalized.
On a motion by Toy, supported by Meakin, and unanimously adopted, it was:
#253-14 RESOLVED, that the Council does here refer the subject of
the proposed amendment to the Livonia Code of Ordinances, re: Section
260 of Title 6, Chapter 04 (Dogs) to the Legislative Committee for its report
and recommendation.
Toy gave first reading to the following Ordinance:
An Ordinance amending Sections 040, 120, 130,
180, 230, 261, 270, and 280, of Title 6, Chapter 04
(DOGS) of the Livonia Code of Ordinances, as
amended.
At 7:34 p.m. Kritzman stepped down from the podium to avoid any perceived conflict of
interest.
On a motion by Toy, supported by Scheel, it was -
#254 -14 RESOLVED, that having considered a communication from the
City Engineer, dated July 21, 2014, which bears the signatures of the
Director of Finance and the City Attorney, is approved by the Director of
Public Works and approved for submission by the Mayor, the Council does
hereby authorize the Mayor and the City Clerk to execute an amendment to
the engineering contract with Anderson, Eckstein & Westrick, Inc., 51301
Schoenherr Road, Shelby Township, Michigan 48315, as the designated
consultant to provide the engineering services for the Sears Drive
reconstruction project from Plymouth Road north to the end in an amount
not to exceed $99,100.00; FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $99,100.00 from the
unexpended fund balance of the Major Road Fund (202); and the City
Engineer to make minor adjustments to the work, as needed.
A roll call vote was taken with the following result.-
AYES:
esult:
AYES: Meakin, Toy, Scheel, Nash, Pastor, Brosnan
NAYS: None.
Kritzman returned to the podium at 7:36 p.m.
Pastor gave first reading to the following Ordinance:
An Ordinance amending Section 090 to Title 9,
Regular Meeting Minutes of August 18, 2014
Chapter 30 (Narcotic and Dangerous Substances)
of the Livonia Code of Ordinances, as amended.
39146
Pastor invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon on the following result:
AYES: Meakin, Toy, Scheel, Nash, Kritzman, Pastor, Brosnan
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
On a motion by Pastor, supported by Meakin, it was:
#255-14 RESOLVED, that having considered a communication from the
Department of Law, dated July 24, 2014, 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, Deborah Mato v City
of I ivnnin
A roll call was taken thereon with the following result:
AYES: Meakin, Toy, Scheel, Nash, Kritzman, Pastor, Brosnan
NAYS: None.
On a motion by Pastor, supported by Kritzman, it was:
#256-14 RESOLVED, that having considered a communication from
the Department of Law, dated July 24, 2014, 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,
International Outdoor, Inc. v Citv of Livonia.
A roll call was taken thereon with the following result:
AYES: Meakin, Toy, Scheel, Nash, Kritzman, Pastor, Brosnan
NAYS: None.
On a motion by Pastor, supported by Toy, and unanimously adopted, it was:
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#257-14 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.
A communication from Brad Squire, 9900 Berwick Street, dated August 12,
2014 re: waiver of Noise Ordinance for Old Rosedale Gardens Homeowners Assocation,
Friday, August 22, 2014, with rain date of August 23, 2014 or September 5, 2014 for
family friendly movie night was received and placed on file for the information of the
Council.
An e-mail communication from Lyle Trudell, Superintendent of Parks and
Recreation, dated August 18, 2014, re: waiver of 10:00 p.m. curfew for Old Rosedale
Gardens Homeowners Association was placed on file for the information of the Council.
On a motion by Toy, supported by Nash, and unanimously adopted, it was:
#258-14 RESOLVED, that having considered a communication from
Brad Squire, Old Rosedale Gardens Homeowners Association, dated
August 12, 2014, which requests permission to waive Section 8.32.070
(Noise Control) of the Livonia Code of Ordinances, as amended, to show
family friendly movies beginning at dusk until the end of the movie, on
August 22, 2014 (with rain dates of August 23, 2014 or September 5, 2014)
and September 19, 2014 (with rain dates of September 20, 2014 or
September 26, 2014), at Rudolf Kleinert Park, the Council does hereby
grant permission as requested conditioned upon approval by the
Superintendent of Parks and Recreation.
During Audience Communication Tom Berry, 9971 Hambelton, Christopher
Martin, 12275 Inkster Road, and Loyd Romick, 33437 Michelle Court, expressed their
concerns about political signage on school property.
On a motion by Meakin, seconded by Scheel, and unanimously
adopted, this 1,759th Regular Meeting of the Council of the City of Livonia was
adjourned at 7:52 p.m.
Terry arecki, City Clerk