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HomeMy WebLinkAboutCOUNCIL MINUTES 2015-12-14 39617 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND NINETY-FIRST REGULAR MEETING OF DECEMBER 14, 2015 On December 14, 2015 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. Councilmember Scheel introduced Boy Scout Troop 271 from St. Michael's and Troop 782 from Holy Trinity Church who assisted her in leading the Pledge. Roll was called with the following result: Lynda Scheel, Susan Nash, Brandon Kritzman, John Pastor, Brian Meakin, Laura Toy and Maureen Miller Brosnan. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Economic Development and Planning; Todd Zilincik, Director of Engineering; Don Knapp, Adriane D. Spencer, Deputy City Clerk; Judy Priebe, Director of Legislative Affairs; Mayor Elect Dennis Wright and Mayor Jack Kirksey. On a motion by Nash, supported by Scheel, it was- #385-15 RESOLVED, that the Minutes of the 1,790th Regular Meeting of the Council held December 2, 2015 are hereby approved as submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Scheel, Nash, Kritzman, Pastor, Meakin and Brosnan NAYS: None PRESENT: Toy 39618 Regular Meeting Minutes of December 14, 2015 Councilman Kritzman presented Councilwoman Lynda Scheel with a plaque commemorating her service to the City. Scheel thanked the Council for the honor and expressed her eagerness to continue her service as Treasurer for the City of Livonia. Councilwoman Toy presented Councilwoman Nash with a plaque also acknowledging her service to the City. Nash thanked her colleagues on Council as well as Mayor Kirksey for his guidance throughout her tenure. She stated she is anxious to begin her term as City Clerk and expressed gratitude to Adriane Spencer who is serving as Deputy Clerk as well as the entire staff of the Clerk's office for their assistance during the transition. Councilwoman Scheel presented Councilman Pastor with a plaque detailing his service to the City. Pastor thanked his fellow Councilmembers as well as the many department heads and Mayor Kirksey for their hard work. Councilwoman Nash presented Councilwoman Toy with a plaque outlining the various roles she had played during her tenure with the City. Toy spoke about her history with the City, moving here in 1954 and serving in different capacities for the past thirty-four years. She thanked the Administration, the various department heads and the Mayor and the citizens of Livonia. Vice-President Meakin presented Mayor Kirksey with a plaque in honor of his leadership and dedication to the City. Mayor Kirksey graciously accepted the recognition and brought his wife Pat and daughter Amy to the podium to accept it. Mayor Kirksey presented a Certificate of Recognition to Miss Michigan USA, Susie Leica, who had appeared at the recent Tree Lighting at City Hall. Ms. Leica accepted the recognition and stated she was proud to represent her hometown of Livonia as Miss Michigan USA. President Brosnan recognized the Department Heads that were present at the meeting, Dan Putnam, Shadd Whitehead, Alex Bishop, Ted Davis, Dave Varga, and Linda McCann and Toni LaPorte and thanked them for their dedication to the City. She then acknowledged the presence of Kathleen McIntyre and Cathy White, new council members, and Mayor Elect Dennis Wright as well as former council members John Walsh and Jim McCann. President Brosnan announced there will be one (1) Public Hearing being held at the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, on Wednesday, January 6, 2015 at 7:00 p.m.: PETITION 2015-09-01-09 submitted by 15983 Middlebelt, L.L.C., to rezone the property located on the west side of Middlebelt Road between Five Mile Road and Puritan Avenue, (15983 Middlebelt Road) in the Southeast 1/4 of Section 14, from OS (Office Services) to C-1 (Local Business). 39619 Regular Meeting Minutes of December 14, 2015 President Brosnan stated there will be two X-items that will be taken up at the end of the meeting and that there is new data on Item 12 and also on one of the X- items. During Audience Communication Kathleen McIntyre, 14455 Fairway, addressed Council and stated how fortunate the City has been served with the outstanding members of Council and she thanked them for their service. She then stated she had attended a very informative meeting put on by Jim Baringhaus and the Greenleaf Commission on Sustainability which talked about recycling and indicated she would like to see it put on again so more people could be in attendance. John Grzebik spoke about Mayor Kirksey and his tremendous contribution to the City and our country and thanked the departing members of Council for all they have done. Michael Elinsky, 9331 California, addressed Council about a proposal concerning a traffic safety issue on Joy Road within the Franklin High School corridor and gave some statistics garnered from their study. He stated he is looking for support from Council as they continue their study. On a motion by Meakin, supported by Toy, and unanimously adopted, it was: #386-15 RESOLVED, that the matter of the traffic safety issue on Joy Road within the Franklin High School corridor be referred to the Traffic Commission for their report and recommendation. Zilincik responded by to Elinsky's comments by detailing what had been done thus far on the subject. A communication from the Department of Finance, dated November 20, 2015, re: forwarding various financial statements of the City of Livonia for the month ending October 31, 2015, was received and placed on file for the information of the Council. A communication from the Planning Commission dated December 1, 2015, re: the status of the property located at 12275 Inkster Road, better known as Martin's Yard Accents, was received and placed on file for the information of the Council. 39620 Regular Meeting Minutes of December 14, 2015 Christopher Martin, 12275 Inkster Road, spoke on the above issue and asked to be placed on an upcoming study agenda. On a motion by Toy, supported by Pastor, it was- #387-15 RESOLVED, that having considered a communication from the City Engineer, dated November 13, 2015, approved for submission by the Mayor, to which is attached a letter from Alex and Gina Ali, dated November 13, 2015, received by the Office of the City Clerk on November 13, 2015, requesting a waiver of the sidewalk requirement in front of the new residence located at 32555 Greenland Court, in the NW '/4 of Section 15, 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. #388-15 RESOLVED, that having considered the letter from Rich Skaggs, President, Livonia Anniversary Committee, Inc., dated November 167 2015, requesting approval of the following items- 1. tems:1. The issuance of a permit to Wade Shows to conduct carnival amusement rides at Ford Field and John Stymelski Veterans' Park, as part of the SPREE-66 Celebration, on June 21, 22, and 23, 20167 from 2:00 p.m. to midnight and on June 24, 25, and 26, 2016, from 12:00 noon to midnight, subject to the City of Livonia, Livonia Public Schools, the Livonia Civic Arenas, Inc. and the Livonia Anniversary Committee, Inc. being identified as additional insureds on Wade Shows' general liability insurance policy; 2. Authorization of the Anniversary Committee to conduct a fireworks display at John Stymelski Veterans' Park to be held on Sunday, June 267 2016, at approximately 10:15 p.m., which display will be controlled by American Fireworks, Inc., subject to providing liability insurance for this event and subject to the City of Livonia, Livonia Public Schools, the Livonia Civic Arenas, Inc. and the Livonia Anniversary Committee, Inc., being designated as additional insureds on its policy; 3. Authorization of the Livonia Anniversary Committee to use and/or lease the facilities at Ford Field, Eddie Edgar Arena (subject to the terms of the existing lease between the Livonia Civic Arenas, Inc. and the City of Livonia) and John Stymelski Veterans' Park during the period of the SPREE-66 Celebration in accordance with the fees/waivers grid for events co-sponsored by the City of Livonia; and 39621 Regular Meeting Minutes of December 14, 2015 4. A waiver of all fees prescribed by ordinance or law with respect to Items 2 and 3 above, as well as a waiver of all vendors' license fees for community organizations and/or groups authorized to participate in SPREE-66 by the Anniversary Committee. The Council does hereby concur in and approve the foregoing requests; and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution. #389-15 RESOLVED, that having considered the letter from Rich Skaggs, President, Livonia Anniversary Committee, Inc., dated November 167 2015, wherein it is requested that the following City streets be closed to through traffic from 8:00 a.m. on June 20, 2016, through 12:00 noon on June 27, 2016 (Monday to Monday): Stark Road from the Family Y, 14255 Stark, to Lyndon Lyndon from Farmington Road to Stark Road The Council does hereby concur in and grant this request in the manner and form herein submitted; FURTHER, the Council does hereby request that Farmington Road be closed from the 1-96 overpass to Five Mile Road on Sunday, June 26, 2016, between the hours of 6:30 p.m. and 11:30 p.m. or until the road is returned to normal traffic operation in connection with the annual SPREE fireworks display, and does hereby authorize the City of Livonia to assume liability for any damage claims which may arise as a result of the road closure, and that Sgt. Joe Boitos is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia, the action taken herein being made subject to the approval of the Police Department, Fire Department and Wayne County; and to the extent possible, SPREE is requested, in conjunction with the Police Department, to do all things necessary to alleviate traffic problems for the residents of Stoneleigh Village Subdivision during the 2016 Anniversary Celebration, including signs on the barricades indicating "local business and residents only." #390-15 RESOLVED, that having considered the letter from Rich Skaggs, President, Livonia Anniversary Committee, Inc., dated November 167 2015, the Council does hereby approve of the request from the Livonia Anniversary Committee, Inc., for permission to display banners advertising SPREE-66 on Farmington Road and Five Mile Road from May 25, 2016 through June 26, 2016, and to display 4' X 8' signs at City Hall and Ford Field from May 25, 2016 through June 26, 2016, at no additional cost to SPREE; FURTHER, the Council does hereby permit the Livonia Anniversary Committee, Inc. to acknowledge supporters with banners and signage not to exceed 3' x 5' in size on Ford Field and the ball diamonds from May 25, 2016 to June 26, 2016; and the City Clerk and all other 39622 Regular Meeting Minutes of December 14, 2015 appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution. A communication from the Office of the City Clerk, dated November 17, 2015, re: the salaries of elected officials for the calendar years 2016 and 2017, in accordance with Section 2.8.030 of Chapter 2.48 of the Livonia Code of Ordinances, as amended, was received and placed on file for the information of the Council. #391-15 RESOLVED, that having considered a communication from the Information Systems Director, dated November 18, 2015, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quote of DSS Corporation, 18311 W. Ten Mile Road, Suite 200, Southfield, MI 48075, forthe purchase of the Laserfiche Standard Public Portal, with the first year maintenance, installation and training in the amount of $31,166.00; FURTHER, the Council does here hereby authorize an expenditure in the amount not to exceed $31,166.00 from funds budgeted in account no. 101-915-986-010 from the 2015-2016 budget year for this purpose; FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3.04.140D3 of the Livonia Code of Ordinances, as amended; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #392-15 RESOLVED, that having considered a communication from the Hon. Sean P. Kavanagh and the Hon. Kathleen J. McCann, dated November 10, 2015, regarding a request for consideration of an amendment to the City of Livonia Retiree Health and Disability Benefits Plan (V.E.B.A.) to incorporate language to ensure that all employees and Judges of the 16th District Court are included in the City's V.E.B.A. Plan, the Council does hereby refer this matter to the Administration for its report and recommendation. #393-15 RESOLVED, that having considered a communication from the City Planning Commission, dated November 19, 2015, which transmits its resolution #11-85-2015, adopted on November 17, 2015, with regard to Petition 2015-10-08-16, submitted by MGM Properties, Inc., in connection with a proposal to remodel the exterior of the existing restaurant located on the north side of Plymouth Road between Farmington and Stark Roads (34110 Plymouth Road), in the Southeast 1/4 of Section 28, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2015-10-08-16 is hereby approved and granted, subject to the following conditions: 39623 Regular Meeting Minutes of December 14, 2015 1. That the Site Plan marked SP-1 dated October 12, 2015, prepared by J.M.I. Associates, is hereby approved and shall be adhered to; 2. That the Elevation Plan marked A-2 dated October 12, 20157 prepared by J.M.I. Associates, is hereby approved and shall be adhered to; 3. That all rooftop mechanical equipment shall be concealed from public view on all sides by either the parapet wall or screening that shall be of a compatible character, material and color to other exterior materials on the building; 4. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 5. That the issues as outlined in the correspondence dated November 107 2015, from the Inspection Department shall be resolved to the satisfaction of the Inspection Department; 6. 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 7. 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 the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period. #394-15 RESOLVED, that having considered the request of Councilmember Brandon Kritzman at the Study Meeting held on December 27 2015, with regard to a resolution to hold a committee meeting in the event a vacancy occurs in an elected position, the Council does hereby refer the subject matter of elected official vacancies to the Committee of the Whole. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Scheel, Nash, Kritzman, Pastor, Meakin, Toy and Brosnan NAYS: None 39624 Regular Meeting Minutes of December 14, 2015 On a motion by Scheel, supported by Toy, and unanimously adopted, it was- #395-15 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated November 18, 2015, pursuant to Council Resolution No. 322-15, regarding the subject of appropriating funds for education of rat control, the Council does hereby request from the Administration a report regarding the manner that other local municipalities prevent and abate vermin problems; FURTHER, this item will remain in Committee. Vice President Meakin gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 25 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 5437 AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. THERETO. (Petition 2015-09-01-08) 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. Councilwoman Nash stepped down from the podium at 7:50 p.m. to avoid any perceived conflict of interest. A communication from Brenda Bartlett, dated December 3, 2015, re- request to establish a Special Assessment District (SAD), and a communication from Todd Zilincik, City Engineer, dated December 3, 2015, re: response thereto, was received and placed on file for the information of the Council. On a motion by Toy, supported by Pastor, it was- #396-15 RESOLVED, that having considered a communication from the Board of Directors, Laurel Woods Condominium Association, dated November 16, 2015, regarding consideration and approval for the installation of street lights on University Park Drive, the Council does hereby refer this matter to the Infrastructure and Community Transit Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: 39625 Regular Meeting Minutes of December 14, 2015 AYES: Scheel, Kritzman, Pastor, Meakin, Toy and Brosnan NAYS: None On a motion by Toy, supported by Pastor, it was- #397-15 RESOLVED, that having considered a communication from the Board of Directors, Laurel Woods Condominium Association, dated November 16, 2015, regarding consideration and approval for the installation of street lights on University Park Drive, the Council does hereby refer this matter to the Administration for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Scheel, Kritzman, Pastor, Meakin, Toy and Brosnan NAYS: None Nash returned to the podium at 7:51 p.m. A communication from the Office of the City Clerk, dated November 23, 2015, re: forwarding a communication from Lisa Abbey, Director of Business Services, dated November 18, 2015, correcting date of the election from the Non- Homestead Millage and the Sinking Fund Millage to August 2014, was received and placed on file for the information of the Council. On a motion by Pastor, supported by Toy, it was- #398-15 RESOLVED, that having considered a communication from the Department of Law, dated November 20, 2015, 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 purpose of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Gregory Perttunen and Shelley Holloway v City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Scheel, Nash, Kritzman, Pastor, Meakin, Toy and Brosnan NAYS: None 39626 Regular Meeting Minutes of December 14, 2015 On a motion by Scheel, supported by Pastor, it was- #399-15 RESOLVED, that having considered a communication from the Department of Law, dated December 2, 2015, 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 purpose of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, John Nolan_v City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Scheel, Nash, Kritzman, Pastor, Meakin, Toy and Brosnan NAYS: None On a motion by Pastor, seconded by Scheel, and unanimously adopted, it was: #400-15 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. On a motion by Toy, seconded by Scheel, and unanimously adopted, it was- #401-15 RESOLVED, that having considered a communication from the Mayor, dated December 4, 2015, the Council does hereby approve of and concur in the appointment of Glen W. Long, Jr., 16186 Edgewood Drive, Livonia, MI 48154, to the City Planning Commission to fill the unexpired term of office of Lynda Scheel, which will expire on June 9, 2017, provided that Mr. Long takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. On a motion by Toy, seconded by Meakin, it was- #402-15 RESOLVED, that having considered a communication from the Department of Law, dated December 10, 2015, 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 purpose of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, City of Livonia v Discount Pool & Spas, Inc. and Home-Owners Insurance Company v Discount Pool & Spas, Inc., et al. 39627 Regular Meeting Minutes of December 14, 2015 A roll call vote was taken on the foregoing resolution with the following result: AYES: Scheel, Nash, Kritzman, Pastor, Meakin, Toy and Brosnan NAYS: None President Brosnan passed the gavel at 7:56 p.m. to Vice President Meakin. Brosnan indicated that the family of former Mayor Bennett had been asked to attend this evening's meeting. She cited the many contributions that Mayor Bennett and his wife Janet had made to the City and therefore City Council had requested to rename the Civic Center Library in their honor. She read the commendation into the record and presented it to Janet Bennett. Brosnan resumed the gavel at 8:02 p.m. Pastor then commented on the contributions that Mayor Jack Kirksey had made to Livonia and stated that the City Council had requested to rename the Livonia Recreation Center to the Jack E. Kirksey Recreation Center in his honor. Mayor Kirksey spoke to the honor and stated he was humbled by it. Pastor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 020 OF TITLE 12, CHAPTER 18 (NAMING OF PUBLIC PLACES AND BUILDINGS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 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: Scheel, Nash, Kritzman, Pastor, Meakin, Toy and Brosnan NAYS: None 39628 Regular Meeting Minutes of December 14, 2015 The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Pastor wished a happy birthday to Leila, Aidan and Taylor and thanked his family for their support during his tenure in public service. Toy wished a belated happy birthday to Vice President Meakin and Happy Birthday to Mayor Elect Wright and wished everyone Happy Holidays and Happy New Year. Nash wished Toy a Happy Birthday and her son Logan who was born on Christmas Day fifteen years ago. She then wished everyone a safe and Happy Holiday and New Year. Vice President Meakin presented President Brosnan with her own personal gavel in honor of her tenure as Council President. Brosnan thanked the Council, the community, Mayor Kirksey, and all of the families who have members in public service for the sacrifices they make. There was no Audience Communication at the end of the meeting. On a motion by Toy, supported by Scheel, and unanimously adopted, this 1,791 st Regular Meeting of the Council of the City of Livonia was adjourned at 8:20 p.m. on December 14, 2015. Adriane D. Spencer Deputy City Clerk