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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. Regular Meeting Minutes of August 18, 2014 39140 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: Regular Meeting Minutes of August 18, 2014 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, Regular Meeting Minutes of August 18, 2014 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. Regular Meeting Minutes of August 18, 2014 39143 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 Regular Meeting Minutes of August 18, 2014 39144 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 Regular Meeting Minutes of August 18, 2014 39145 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: Regular Meeting Minutes of August 18, 2014 39147 #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