HomeMy WebLinkAboutCOUNCIL MINUTES 2013-08-26 38783
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND THIRTY FIFTH
REGULAR MEETING OF AUGUST 26, 2013
On August 26, 2013, 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 7 00 p m Robinson led the meeting with an invocation
Roll was called with the following result: Thomas Robinson, Maureen
Miller Brosnan, Brandon Kritzman, James McCann, Joe Laura, John Pastor, and Laura
Toy Absent: None
Elected and appointed officials present: Mark Taormina, City Planner;
Judy Priebe, Technical Specialist; Kevin Maillard, Director of Public Works, Terry
Marecki, City Clerk, Don Knapp, City Attorney; and Mayor Jack Kirksey
On a motion by Pastor, seconded by Robinson, it was
#263-13 RESOLVED, that the Minutes of the 1,734th Regular Meeting
of the Council held August 12, 2013, are hereby approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Brosnan, McCann, Laura, Pastor, and Toy
NAYS None
PRESENT Kritzman
President Toy declared the resolution adopted
President Toy wished a Happy Birthday to Councilmember Joe Laura,
who celebrated his birthday on August 15 h and to City Clerk Terry Marecki, who
celebrated her birthday on August 24t
Vice President Pastor wished a Happy Birthday to his daughter-in-law,
Ashley, and to a former colleague in Lansing, Heather Lomvardini Vice President
Pastor indicated State Representative John Walsh also celebrated his birthday earlier in
the month and extended Happy Birthday wishes to him as well
Katzman extended Happy Birthday wishes to his daughters Anna and
Jackie and to his wife, Rebecca, whose birthday was on August 16th
Regular Meeting Minutes of August 26, 2013 38784
Brosnan wished her son, Rory, a Happy 16th Birthday and indicated he will
soon be a licensed driver in the Livonia community
During Audience Communication, Suzanne Yarborough, 33428 Richland
Street, addressed Council to express concern for health issues she felt are directly
associated with exposure to radiation as the result of Smart meters being installed in the
community Ms Yarborough stated Smart meters were a violation of citizens' Fourth
Amendment rights and inquired what Council would do for residents adversely affected
by Smart meters
Ron Yarborough, 33428 Richland Street, addressed Council to express
concern for the installation of Smart meters and indicated he felt it was a matter outlined
on the United Nations' Agenda 22 relative to sustainable energy and the redistribution of
energy
Wayne County Commissioner Diane Webb addressed Council to express
gratitude to Parks & Recreation Superintendent Lyle Trudell for looking to Wayne
County to invest grant funding in the community to provide much needed improvements
to the Clements Circle Pool for a durable liner to be installed Commissioner Webb
offered "kudos" to Mr Trudell for his outreach to the neighbors of that subdivision and
stated it was a pleasure working with him on the project.
Christopher Martin, 12275 Inkster Road, expressed concern Council was
not following its own rules by allowing Wayne County Commissioner Webbto speak
about a matter that was on the Agenda and stated he felt all people should be treated
the same
On a motion by Pastor, seconded by Brosnan, it was
#264-13 RESOLVED, that having considered an application from
Robert H Genik, 18376 Whitby, dated June 30, 2013, requesting
permission to close Pickford, between Whitby and Stanford, between
11 30 a m and 8 00 p m , on Saturday, October 12, 2013, 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.
#265-13 RESOLVED, that having considered an application from
Karen L. Werden, 19651 Flamingo, dated July 22, 2013, requesting
permission to close Flamingo between St. Martins and Bretton on
Saturday, September 7, 2013, between 2 00 p m and 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 8, 2013, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department
61.0
Regular Meeting Minutes of August 26, 2013 38785
#266-13 RESOLVED, that having considered an application from
Michael Johnson, 32611 Hees, requesting permission to close Hees
between Georgia and Hubbard on Saturday, September 14, 2013,
between 1 00 p m and 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 Saturday,
September 21, 2013, in the event of inclement weather, the action taken
herein being made subject to the approval of the Police Department.
#267-13 RESOLVED, that having considered a letter from Paul
Manoian, Blue Cross Blue Shield of Michigan, dated June 21, 2013,
which requests permission to hold a Divisional Team Building Annual
Meeting, which is scheduled to be held at Rotary Park on Friday,
September 13, 2013, from 8 00 a m to 2 00 p m , and includes the use
of a low volume sound system, the Council does hereby grant and
approve this request in the manner and form herein submitted
#268-13 RESOLVED, that having considered an application from
Tina Schiller, Valassis, dated July 15, 2013, requesting permission to
barricade Victor Parkway between Seven and Eight Mile and Pembroke
off of Newburgh on Saturday, October 5, 2013, between 7 30 a m and
10 30 a m , for the purpose of conducting a 5K Fun/Run/Walk Wellness
Challenge, the Council does hereby grant permission to barricade
one-half of Victor Parkway, including therein permission to conduct the
said affair on Sunday, October 6, 2013, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#269-13 RESOLVED, that having received a letter dated July 19,
2013, from Ali Albo, requesting to purchase the City-owned lot located at
27560 Joy Road, the Council does hereby refer this item to the City
Planning Commission for report and recommendation in accordance with
provisions of law and City Ordinance
#270-13 RESOLVED, that having considered a communication
from the City Clerk, dated July 16, 2013, forwarding an application
submitted by Kimberly Griffin, 14364 Bentler Street, Detroit, Michigan
48223, 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
#271-13 RESOLVED, that having considered a communication
from the City Clerk, dated July 30, 2013, forwarding an application
submitted by Beverly Osentoski, 15097 Inkster, Livonia, Michigan
48154, for a massage apprentice permit and in accordance with Chapter
5 49 of the Livonia Code of Ordinances, as amended, the Council does
Regular Meeting Minutes of August 26, 2013 38786
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
#272-13 RESOLVED, that having considered a communication
from the City Clerk, dated July 23, 2013, to which is attached an
audit fee proposal from Mr Frank W Audio, CPA and Mr Brian J
Camiller, CPA, Plante & Moran, LLP, dated July 19, 2013, the Council
does hereby accept the proposal of Plante & Moran, LLP, 27400
Northwestern Highway, P 0 Box 307, Southfield, Michigan 48037-0307,
for performing the annual independent audit of the accounts of the City
of Livonia for the years ending November 30, 2013, through November
30, 2017, as required by the City Charter and in accordance with the
guidelines set forth in the State Uniform Budgeting and Accounting Act
1968 PA 2 for a base fee not to exceed $73,000 00 for the first and
second years, and an annual base fee increase of 3% or the
percentage allowed for property taxes under Proposal A (whichever is
less) for the next three years, FURTHER, the Council does hereby
approve additional payments to Plante & Moran, LLP for recurring audit
procedures as mandated by law for GASB 34 in the amount of
$15,400 00 for each of the years 2013-2017, to be expended from funds
already budgeted in Account No 101-232-808-000 (Audit and Accounting
Service Expense) for this purpose, FURTHER, the Council does hereby
authorize the said item without competitive bidding in accordance with
Section 3 04 140 D 2 of the Livonia Code of Ordinances, as amended
A communication from the Office of the City Clerk, dated July 17, 2013, re
tax rate for the Livonia Public Schools for the 2013-2014 school year, as approved by
the Board of Education on June 17, 2013, was received and placed on file for the
information of the Council
A communication from the Office of the City Clerk, dated July 17, 2013, re
tax rate for the Clarenceville School District for the 2013-2014 school year, as approved
by the Board of Education on June 27, 2013, was received and placed on file for the
information of the Council
A communication from the Office of the City Clerk, dated July 17, 2013, re
tax rate for the Wayne County Regional Educational Service Agency (RESA) for the
2013-2014 school year, as approved by the Board of Education of the Wayne County
Regular Meeting Minutes of August 26, 2013 38787
Regional Educational Service Agency on June 12, 2013, and requesting the City of
Livonia collect same as a summer tax, was received and placed on file for the
information of the Council
A communication from the Office of the City Clerk, dated July 17, 2013, re
tax rate for Schoolcraft College for the 2013-2014 school year, as approved by the
Board of Trustees of the Schoolcraft Community College District on May 22, 2013, and
requesting the City of Livonia collect same as a summer tax, was received and placed
on file for the information of the Council
A communication from the Office of the City Clerk, dated July 17, 2013, re
tax rate for the Oakland Schools Intermediate School District for the 2013-2014 school
year, as approved by the Oakland County Board of Commissioners on June 10, 2013,
and requesting the City of Livonia collect same as a summer tax, was received and
placed on file for the information of the Council
A communication from the Office of the City Clerk, dated July 17, 2013, re
tax rate for the State Education Tax, as submitted by the State Treasurer on April 23,
2013, and requesting the City of Livonia collect same as a summer tax, was received
and placed on file for the information of the Council
A communication from the Office of the City Clerk, dated July 17, 2013, re
tax rate for Wayne County and requesting that 5 6483 Charter authorized mills be
collected by the City of Livonia as part of the summer tax and the remainder be
collected as part of the winter tax collection, was received and placed on file for the
information of the Council
A communication from the Office of the City Clerk, dated July 17, 2013, re
tax rate for the Plymouth Road Development Authority as approved on May 13, 2013,
Regular Meeting Minutes of August 26, 2013 38788
and requesting the City of Livonia collect same as a summer tax, was received and
placed on file for the information of the Council
#273-13 RESOLVED, that having considered a communication from
the Director of Community Resources, dated July 10, 2013, 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 a grant in the amount of $238,594 00 from the Federal Transit
Administration for Livonia Community Transit to update and build out
the City's Call Center; FURTHER, the Council does hereby appropriate
and credit the amount of $238,594 00 to Account No 218-889-986-010
(Capital Outlay) for the purposes as designated by the grantor
#274-13 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated July 1, 2013, which bears
the signature of the Director of Finance, is approved as to form by the
City Attorney and approved for submission by the Mayor, the Council
does hereby authorize another contract between the City of Livonia
and Livonia Towing, Inc , 12955 Levan, Livonia, Michigan 48150, for
police towing and storage services for a period of two (2) years, with the
contract fees to remain the same as the existing agreement, previously
authorized in Council Resolutions 106-09 and 116-11, with a clause to
extend the contact for an additional year subject to a satisfactory
performance, FURTHER, Livonia Towing, Inc shall abide by the towing
and storage rates and fees established in Section 10 21 240 of the
Livonia Code of Ordinances, as amended, FURTHER, the Council does
hereby waive the performance bond requirement for the reasons that
said requirement was waived in Council Resolution 116-11, and the
Mayor and City Clerk are hereby authorized to execute a contract, for
and on behalf of the City of Livonia, with Livonia Towing, Inc provided
same is approved as to form by the Department of Law; FURTHER, the
Council does hereby authorize the action herein without competitive
bidding, in accordance with the provisions set forth in Section
3 04 140 04 of the Livonia Code of Ordinances, as amended
#275-13 RESOLVED, that having considered the communication of
the Director of Human Resources, dated July 19, 2013, which bears
the signature of the Director of Finance, and is approved for submission
by the Mayor, to which is attached a letter from Rob Domenzain,
President, Livonia Fire Fighters Union Local 1164, dated July 1, 2013,
regarding a change to the City's Deferred Compensation Plan
administered by Nationwide Retirement Solutions, the Council does
hereby approve updating the Nationwide Retirement Solutions Plan to
permit participant loans in accordance with applicable I R S
regulations, and the Mayor and City Clerk are hereby authorized to
sign an agreement, for and on behalf of the City of Livonia, with
Nationwide Retirement Solutions, provided same is approved as to form
Regular Meeting Minutes of August 26, 2013 38789
by the Department of Law
#276-13 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated July 29, 2013, which bears the signature of the Director of Finance, is
approved as to form by the City Attorney and is approved for submission by
the Mayor, to which is attached a proposed agreement between the
Michigan Department of Transportation (MDOT) and the City of Livonia
for temporary widening work on the left-turn lane of the ramp connecting
southbound Highway 1-275/1-96 to Six Mile Road in order to accommodate
future reconstruction work on Highway 1-96, together with necessary
related work, located within the corporate limits of the City, the Council
does hereby authorize the Mayor and City Clerk, for and on behalf of the
City of Livonia, to execute this agreement in the manner and form herein
submitted, FURTHER, the Council does hereby appropriate and
authorize the expenditure of a sum not to exceed $2,600 00 for this
project from the Unexpended Fund Balance of the Major Road Fund in
the amount of$2,600 00 for this project be approved
#277-13 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 10, 2013, which
transmits its resolution 07-39-2013, adopted on July 9, 2013, with
regard to Petition 2013-05-03-01, submitted by Farmington Property
L L.0 , requesting the partial vacating of property situated in the
Broadmoor Acres Subdivision in the Southwest 1/4 of Section 29, the
Council does hereby concur in the recommendation of the City Planning
Commission and does grant and approve the said petition, and the
Department of Law is hereby requested to prepare the necessary
Vacating Ordinance in accordance with this resolution
AYES Robinson, Brosnan, Kritzman, McCann, Laura, Pastor, and
Toy
NAYS None
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 13 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 2013-04-01-02)
A roll call vote was taken on the foregoing Ordinance with the following result:
Regular Meeting Minutes of August 26, 2013 38790
AYES Robinson, Brosnan, Kritzman, McCann, Laura, Pastor, and
Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
A communication from Jill Johnson, 11824 Cardwell Avenue, received in
the Office of the City Clerk on August 23, 2013,- re providing signatures of neighboring
residents on Cardwell Avenue who oppose the proposed lot split submitted by Marco
Cervi for property at 11683 Cardwell Avenue, was received and placed on file for the
information of the Council
On a motion by Robinson, seconded by Brosnan, and unanimously
adopted, it was
#278-13 RESOLVED, that having considered a communication
from the Assistant Assessor, dated July 10, 2 01 3 , forwarding an
application submitted by Marco Cervi, 12419 Stark Road, Livonia,
Michigan 48150, for a lot split of Tax Item No 46-100-01-0384-001,
located on the west side of Cardwell Avenue between Plymouth Road
and Wadsworth Avenue, 11683 Cardwell Avenue, the Council does
hereby deny this request because the request, if granted, would create
two lots that do not meet the minimum lot size dimensions of 60 feet in
lot width by 120 feet in lot depth set forth in Section 4 04 of Zoning
Ordinance No 543, as amended
Jill Johnson, 11824 Cardwell Avenue, was present to express concern and opposition
to the proposed lot split as submitted for the property at 11683 Cardwell Avenue and
indicated most of the surrounding neighbors were opposed to what was requested
Ms Johnson thanked Council for their time and consideration
On a motion by Brosnan, seconded by Kritzman, and unanimously
adopted, it was
#279-13 RESOLVED, that having considered a communication
from the Superintendent of Parks and Recreation, dated July 22, 2013,
which bears the signature of the City Attorney and the Director of Finance
and is approved for submission by the Mayor, to which is attached an
Intergovernmental Agreement between the County of Wayne and the
Regular Meeting Minutes of August 26, 2013 38791
City of Livonia for the purchase of a heavy duty vinyl liner for Clements
Circle Pool utilizing grant funds of $33,000 00, the Council does hereby
approve the proposed Intergovernmental Agreement between the County
of Wayne and the City of Livonia, and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia, to execute the
Intergovernmental Agreement in the manner and form herein
submitted, FURTHER, the Council does hereby, for and on behalf of the
City of Livonia, accept the Wayne County Park Millage funded grant in
the amount of $33,000 00 to be used to purchase a heavy duty vinyl liner
for Clements Circle Pool
On a motion by Laura, seconded by Brosnan, it was
RESOLVED, that having considered a letter from Elena
Herrera, 29840 Mason Street, Livonia, Michigan 48154, dated August 7,
2013, which requests permission to waive the Noise Ordinance to allow a
DJ to play music in connection with a family reunion, which is scheduled
to be held on Saturday, August 13, 2013, from 1 00 p m to 10 30 p m ,
and includes the playing of music by a DJ, the Council does hereby deny
this request.
Following discussion by Council, Laura and Brosnan then withdrew their motions
On a motion by Pastor, seconded by Kritzman, and unanimously adopted,
it was
#280-13 RESOLVED, that having considered a letter from Elena
Herrera, 29840 Mason Street, Livonia, Michigan 48154, dated August 7,
2013, which requests permission to waive the Noise Ordinance to allow a
DJ to play music in connection with a family reunion, which is scheduled to
be held on Saturday, August 31, 2013, from 1 00 p m to 10 30 p m , and
includes the playing of music by a DJ, the Council does hereby grant and
approve this request in the manner and form herein submitted
There was no Audience Communication at the end of the meeting
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
this 1,735th Regular Meeting of the Council of the City of Livonia was adjourned at 7 30
pm
1 Ter Marecki, City Clerk