HomeMy WebLinkAboutCOUNCIL MINUTES 2013-07-01 38723
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND THIRTY SECOND
REGULAR MEETING OF JULY 1, 2013
On July 1, 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 McCann led the meeting with an invocation
Roll was called with the following result: James McCann, Joe Laura, John
Pastor, Maureen Miller Brosnan, Brandon Kritzman, and Laura Toy Absent: Thomas
Robinson
Elected and appointed officials present: Scott Miller, Planning Department;
Judy Priebe, Technical Specialist, Todd Zilincik, City Engineer; Terry Marecki, City
Clerk, Don Knapp, City Attorney, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Brosnan, it was
#211-13 RESOLVED, that the Minutes of the 1,731st Regular Meeting
of the Council held June 17, 2013, are hereby approved as submitted
A roll call vote was taken on the foregoing resolution with the following result.
AYES McCann, Pastor, Brosnan, Kritzman, and Toy
NAYS None
PRESENT Laura
The President declared the resolution adopted
President Toy announced the X-item scheduled to be addressed at the
end of the meeting was removed from the Agenda at the request of the District Court
and would be taken up at the Regular Meeting of Council to be held July 15, 2013
President Toy passed the gavel to Vice President Pastor at 7 03 p m to read a
statement on civility
President Toy encouraged all Councilmembers to do their best to avoid
making personal or negative comments and stated they have been elected to serve the
residents of the City and should stick to matters on the Council Agenda President Toy
encouraged Councilmembers to get all the relevant facts before meetings and to leave
Regular Meeting Minutes of July 1, 2013 38724
personal attacks out of Council meetings and indicated it reflects poorly on the City and
those they are elected to serve President Toy concluded the citizens of Livonia will
expect this from Council and will appreciate it as they continue to serve the residents of
the City
President Toy resumed the gavel at 7 06 p m
Laura congratulated the Livonia Anniversary Committee for another
successful Spree this year and indicated the event takes many volunteers to make it top
notch Laura thanked all those who volunteered for their hard work and dedication
Laura concluded he believed the Spree wrapped up on Sunday without incident and
was very proud of such a great event that provides a good time to all who attend
President Toy indicated a recent presentation on human trafficking was
hosted at the Civic Center Library and was well attended noting Mayor Kirksey and City
Clerk Terry Marecki were both in attendance President Toy indicated she appreciated
the media coverage provided by Channel 7 News as the author and speaker at the
event traveled throughout the State of Michigan to tell of her horrible ordeal and shed
light on the subject. President Toy stated the City needs to look at this problem when
making City Ordinances and noted human trafficking is a local problem and not just one
that takes place overseas President Toy thanked the staff of the Library, the members
of the Human Relations Commission who sponsored the event, and City employees
Sandy Teeter and Dawn Borregard, who helped and assisted at the presentation
President Toy announced there would be two (2) public hearings to be
held on Tuesday, July 16, 2013, at 7 00 p m in the Auditorium of City Hall, 33000 Civic
Center Drive, Livonia, Michigan
Petition 2013-04-01-02 submitted by Jeri Dorr, to rezone the property at
29150 Five Mile Road (Wright's Hardware), located on the north side of
Five Mile Road between Middlebelt Road and Harrison Avenue in the
Southwest % of Section 13, from RUF (Rural Urban Farm) to C-2 (General
Business), and
Michael C Beaubien, President, MKOS Real Estate LLC is requesting
approval of a Commercial Rehabilitation Exemption Certificate for the
expansion and rehabilitation of the property located at 36622 Five Mile
Road, Livonia, MI 48154 (Commercial Rehabilitation District #1)
During Audience Communication, Mary Nye, 35946 Summers, addressed
Council to express concern for the proposed increase in water rates and was informed
by President Toy the subject matter is on the Agenda and she could address Council at
that time
Regular Meeting Minutes of July 1, 2013 38725
A communication from the Department of Finance, dated May 20, 2013,
re forwarding various financial statements of the City of Livonia for the month ending
April 30, 2013, was received and placed on file for the information of the Council
A communication from the Department of Finance, dated June 12, 2013,
re forwarding the Quarterly Investment Report for the City of Livonia as of May 31,
2013, was received and placed on file for the information of the Council
On a motion by Pastor, seconded by Katzman, it was
#212-13 RESOLVED, that having considered an application from
Karen Gray, 37718 Sunnydale, dated May 28, 2013, requesting
permission to close Sunnydale and Huff within the cul-de-sac on Saturday,
July 20, 2013, 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.
#213-13 RESOLVED, that having considered an application from
Michael Kinney, 37629 Howell, dated June 3, 2013, requesting
permission to close Howell St. between Blue Skies and Richfield on
Saturday, August 31, 2013, from 12 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 1, 2013, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#214-13 RESOLVED, that having considered Petition 2013-05-03-
01, submitted by Farmington Property LLC, dated May 28, 2013,
wherein a request is submitted for the vacating of a twelve (12) foot
easement for public utilities that runs parallel to Levan Road, crossing
Lots 1 through 6 of Broadmoor Acres Subdivision and parallel to Amrhein
Road across Lot 7 in the Southwest 1/4 of Section 29, the Council does
hereby refer this item to the City Planning Commission for action and
recommendation in accordance with provisions of law and City
Ordinance
#215-13 RESOLVED, that having considered a communication from
the City Clerk, dated May 8, 2013, forwarding an application submitted
by Sherman A. Daniels, 3015 Northwestern, Detroit, Michigan 48206, 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
Regular Meeting Minutes of July 1, 2013 38726
City Clerk is hereby requested to do all things necessary or incidental to
the full performance of this resolution
#216-13 RESOLVED, that having considered a communication from
the City Clerk, dated June 6, 2013, forwarding an application submitted
clist
by Nieta Mata, 43825 Cranford Ave , Canton, Michigan 48187, 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
#217-13 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated May 30, 2013, to which is
attached a letter from The Observer & Eccentric Newspapers, Inc ,
dated April 26, 2013, wherein a quote is submitted for legal advertising
for the City of Livonia, the Council does hereby designate The Observer
& Eccentric Newspapers, Inc , 41304 Concept Drive, Plymouth, Michigan
48170, as the official newspaper of the City of Livonia for the period May
1, 2013, through May 1, 2015, FURTHER, the Council does hereby
approve and authorize the publishing of legal notices in The Observer &
Eccentric Newspaper for the price of $6 80 per column inch, FURTHER,
the Council does hereby authorize the said item without competitive
bidding for the reasons indicated in the aforesaid communication, 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
#218-13 RESOLVED, that having considered a communication from
the Chief of Police, dated June 3, 2013, which bears the signature of the
Director of Finance and the City Attorney and is approved for submission
by the Mayor, the Council does hereby authorize the purchase of 40
replacement in-car video camera systems, a wireless upload solution and
an upgrade to the server to store the data from ICOP, a Safety Vision
Company, 6100 W Sam Houston Parkway North, Houston, Texas
77041, in the amount of $311,293 84, FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $311,293 84
from funds already budgeted in Account No 101-325-987-000 for this
purpose, with the understanding that $50,000 00 will be reimbursed to the
City from federal grant funds, FURTHER, the Council does hereby
authorize the action herein without competitive bidding for the reasons
indicated in the aforesaid communication, and such action is taken in
accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances,
as amended
#219-13 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 7, 2013, approved by
the Director of Public Works, which bears the signature of the Director of
Finance and the City Attorney and is approved for submission by the
Regular Meeting Minutes of July 1, 2013 38727
Mayor, to which is attached a proposed agreement between the City of
Livonia and the Michigan Department of Transportation (MDOT) for the
eastbound and westbound Schoolcraft Road concrete pavement repairs
and pavement marking work from approximately 3,575 feet west of
Newburgh Road to Inkster Road, together with necessary related work,
the Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute the agreement in the manner and
form herein submitted, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $69,900 00 from funds already
budgeted in Account No 202-463-818-125 (Major Street Fund — City
participation in County and MDOT Projects) for this purpose, FURTHER,
the Council does hereby authorize Anderson, Eckstein and Westnck, Inc
to enter into a third party agreement with the Michigan Department of
Transportation for construction engineering services, FURTHER, the
Council does hereby authorize an expenditure in an amount not to exceed
$51,750 00 from funds already budgeted in Account No 202-463-818-125
(Major Street Fund — City Participation in County and MDOT Projects) to
be paid to Anderson, Eckstein & Westnck, Inc , 51301 Schoenherr Road,
Shelby Township, Michigan 48315, for the $230,000 portion provided by
the Michigan Department of Transportation, FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $5,000 00
from funds already budgeted in Account No 204-441-818-102 to be paid
to Northwest Consultants, Inc (NCI), 44978 Ford Road, Suite A, Canton,
Michigan 48187, in the event of a mitigation issue
#220-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 12, 2013, which transmits its
resolution 06-32-2013, adopted on June 11, 2013, with regard to Petition
2013-04-08-04, submitted by ABA Investment, L L.0 requesting site plan
approval to demolish and reconstruct the gas station (Mobil), on property
located on the Southwest corner of Five Mile Road and Middlebelt Road
(29401 Five Mile Road), in the Northeast 1/4 of Section 23, which property
is zoned C-2, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2013-04-08-04 is
hereby approved and granted, subject to the following conditions
1 That the Proposed Site & Landscaping Plan marked Sheet C-
02 dated May 17, 2013, as revised, prepared by Engineering
Services, Inc , is hereby approved and shall be adhered to,
2 That the Elevation Plan marked Sheet No A-02 dated May 17,
2013, as revised, prepared by Engineering Services, Inc , is
hereby approved and shall be adhered to,
3 That the colors of the building materials shall match that of the
color rendering submitted on May 28, 2013, and the brick used in
the construction shall be full face four inch (4") brick,
Regular Meeting Minutes of July 1, 2013 38728
4 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction of the
building or in the event a poured wall is substituted, the wall's
design, texture and color shall match that of the building and the
enclosure gates shall be of solid panel steel construction or
durable, long-lasting solid panel fiberglass and maintained and
when not in use closed at all times,
5 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building,
6 That any illumination of the pump island canopy shall be
restricted to the undercarriage and all light fixtures shall be
recessed and made flush with the established ceiling, provided,
however, that this section shall not apply to those specified signs
which are expressly allowed by the district regulations contained in
the Zoning Ordinance,
7 That this site shall meet either the City of Livonia or the Wayne
County Storm Water Management Ordinance, whichever applies,
and shall secure any required permits, including storm water
management permits, and soil erosion and sedimentation control
permits, from Wayne County, the City of Livonia, and/or the State
of Michigan Department of Natural Resources and Environment
(DNRE),
8 That all light fixtures shall not exceed twenty feet (20') in height
and shall be aimed and shielded so as to minimize stray light
trespassing across property lines and glaring into adjacent
roadway;
9 No outside storage, placement or display of merchandise shall be
permitted at any time on this site, however, the foregoing
prohibition shall not apply to the display, on the pump islands only,
of oil based products as permitted in Section 11 04(a) of the
Zoning Ordinance,
10 That free air shall be provided at all times this station is open for
business The free air shall be dispensed at the point of service
without having to enter the station or the performance of any extra
action in order to obtain the air without charge,
11 That no vehicle vacuum equipment or the outdoor placement of
propane cylinder storage units shall be permitted on the site,
12 That the sale of ice shall be restricted to the inside of the building,
Regular Meeting Minutes of July 1, 2013 38729
13 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
14 That no part of the pump island canopy fascia, with the exception
of signage, shall be illuminated,
15 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the pump island canopy, building
or around the windows,
16 That this approval is subject to the petitioner being granted
variances from the Zoning Board of Appeals for deficient building
setback and deficient number of parking spaces and any
conditions related thereto,
17 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,
18 Pursuant to Section 1910 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 City Council, and
unless a building permit is obtained, this approval shall be null and
void at the expiration of said period
#221-13 RESOLVED, that having considered a communication from
the Department of Law, dated June 5, 2013, approved for submission by
the Mayor, the Council does hereby authorize the Department of Law to
resolve the claim for damages caused by sewer backups on May 25,
2011, and December 21, 2012, on property located at 28521 Terrence in
the amount of $29,195 00, and the Department of Law is hereby
authorized to do a II things necessary or incidental to the full performance
of this resolution
#222-13 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended,
Sam Caramagno, 17441 Merriman, Livonia, Michigan 48152, is hereby
reappointed to the Zoning Board of Appeals for a three-year term expiring
July 12, 2016, with all the authority and duties as set forth in the said
Zoning Ordinance and Act 207
A roll call vote was taken on the foregoing resolutions with the following result.
AYES McCann, Laura, Pastor, Brosnan, Katzman, and Toy
NAYS None
Regular Meeting Minutes of July 1, 2013 38730
A communication from the Water and Sewer Board, dated June 4, 2013,
re new Water and Sewer Consumption Rates, Industrial Surcharge Rate and Industrial
Waste Control Charge effective July 1, 2013, was received and placed on file for the
ear
information of the Council (CR 199-10)
A communication from the Department of Public Service, dated May 29,
2013, re overview of the current rate structure and review of the Water and Sewer Fund
performance for the year of 2012 and the recommended rate adjustments for 2013, was
received and placed on file for the information of the Council (CR 199-10)
Brosnan provided a verbal update on the subject of Water and Sewer
Consumption Rates, Industrial Surcharge Rate and Industrial Waste Control Charge
and indicated the subject matter would remain in the Infrastructure and Community
Transit Committee at this time (CR 199-10)
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08
(WATER SERVICE RATES AND REVENUES) 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
Brosnan involved the Emergency Clause and gave second reading to
the foregoing Ordinance and a roll call vote was taken thereon with the following
result:
AYES McCann, Pastor, Brosnan, and Katzman
NAYS Laura and Toy
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Mary Nye, 35946 Summers, addressed Council to express concern for the proposed
water rate increases and indicated senior citizens on fixed incomes will have a
difficult time paying the added cost
Regular Meeting Minutes of July 1, 2013 38731
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER 20
(LIVONIA SEWAGE DISPOSAL SYSTEM) 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
McCann involved the Emergency Clause and gave second reading to
the foregoing Ordinance and a roll call vote was taken thereon with the following
result
AYES McCann, Pastor, Brosnan, and Kritzman
NAYS Laura and Toy
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28
(INDUSTRIAL WASTE SURCHARGE) 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
McCann involved the Emergency Clause and gave second reading to
the foregoing Ordinance and a roll call vote was taken thereon with the following
result:
AYES McCann, Pastor, Brosnan, and Kritzman
NAYS Laura and Toy
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Regular Meeting Minutes of July 1, 2013 38732
A communication from the Office of the City Clerk, dated June 18, 2013,
re information requested at the Local Officers Compensation Commission meetings of
April 4, 2013, and June 4, 2013, relative to salaries of elected officials for the calendar
years 2014 and 2015, was received and placed on file for the information of the Council
A communication from the Department of Law, dated June 25, 2013, re
analysis regarding the limits of the Council's authority over compensation of elected
officials, was received and placed on file for the information of the Council
A communication from the Office of the City Council, dated July 1, 2013,
re information requested by Councilmember Maureen Miller Brosnan at the Regular
Council meeting held June 17, 2013, was received and placed on file for the information
of the Council
On a motion by McCann, seconded by Pastor, and unanimously adopted,
it was
#223-13 RESOLVED, that the Council does hereby refer to the
Legislative Affairs Committee the subject matter of all elected officials'
salary and compensation packages for its report and recommendation
A communication from the Office of the City Clerk, dated June 7, 2013, re
determination of the Local Officers Compensation Commission for the salaries of
elected officials as adopted at the meeting held by the Local Officers Compensation
Commission on June 4, 2013, for the calendar years of 2014 and 2015, was received
and placed on file for the information of the Council
On a motion by Brosnan, seconded by Laura, it was
RESOLVED, that the Council does hereby deny all
recommendations made by the Local Officers Compensation Commission
as adopted at its regular meeting held June 4, 2013, relative to the
salaries of elected officials for the calendar years of 2014 and 2015
A roll call vote was taken on the foregoing motion with the following result:
Regular Meeting Minutes of July 1, 2013 38733
AYES Laura, Brosnan, and Toy
NAYS McCann, Pastor, and Katzman
it
The President declared the motion failed for lack of support.
At 7 54 p m , Vice President Pastor stepped down to avoid any perceived conflict of
interest.
On a motion by Kritzman, seconded by McCann, it was
#224-13 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended,
Craig S Pastor, 20072 Parker, Livonia, Michigan 48152, is hereby
reappointed to the Zoning Board of Appeals for a three year term expiring
July 12, 2016, with all the authority and duties as set forth in the said
Zoning Ordinance and Act 207
A roll call vote was taken on the foregoing resolution with the following result
AYES McCann, Katzman, and Toy
NAYS Laura and Brosnan
The President declared the resolution adopted
A communication from the Department of Law, dated June 27, 2013, re
proposed Amendment to the Zoning Ordinance for change of zoning of property located
on the west side of Middlebelt Road between CSX railroad right-of-way and Schoolcraft
Road (11301 Middlebelt), as submitted by TSFR Apple Venture, L.L C , was received
and placed on file for the information of the Council (Petition 2013-04-01-01)
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 26 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 2013-04-01-01)
Regular Meeting Minutes of July 1, 2013 38734
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
Vice President Pastor returned to the podium at 8 02 p m
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
it was
#225-13 RESOLVED, that having considered a communication from
the City Librarian, dated May 20, 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 various gifts
and cash donations, in the total amount of $91,565 97, from the sources
indicated therein for use by the Livonia Public Library as indicated in the
aforesaid communication, FURTHER, the Council does hereby
appropriate and credit the amount of $46,940 97 to Account No 702-000-
285-271, $22,300 00 to Account No 702-000-285-272, and $22,325 00 to
Account No 702-000-285-273 for the purposes as designated by the
donors
On a motion by Pastor, seconded by Laura, and unanimously adopted, it
was
#226-13 RESOLVED, that having considered an application from Ron
Bozzi, 18173 Lathers, dated June 18, 2013, requesting permission to
close Curtis between Lathers to the nature trail on Saturday, July 13,
2013, from 12 00 p m to 11 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.
Rebecca Wood, 18173 Lathers, addressed Council to thank them for their time and
cooperation and indicated the block party requested would end at 11 00 p m following
an acoustic guitar performance and sing-along
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#227-13 RESOLVED, that having considered a request from
Councilmember Maureen Miller Brosnan, the Council does hereby refer
the subject of the reasons for the reduction of library hours to the
Administration for its report and recommendation
Regular Meeting Minutes of July 1, 2013 38735
On a motion by Brosnan, seconded by Katzman, and unanimously
adopted, it was
#228-13 RESOLVED, that having considered a request from
Councilmember Maureen Miller Brosnan, the Council does hereby refer
the subject of appointments to the Zoning Board of Appeals by Council
members to the Committee of the Whole for its report and
recommendation
On a motion by Brosnan, seconded by Laura, it was
RESOLVED, that having considered a request from
Councilmember Maureen Miller Brosnan, the Council does hereby
discharge the Committee of the Whole from further consideration of the
Council Resolution 38-12 regarding the subject of the schedule for City
Council meetings and does hereby direct that this matter be taken up for
consideration by the Council at this time
A roll call vote was taken on the foregoing motion with the following result.
AYES Brosnan
NAYS McCann, Laura, Pastor, Kritzman, and Toy
The President declared the motion failed for lack of support.
There was no Audience Communication at the end of the meeting
On a motion by Pastor, seconded by Laura, and unanimously adopted,
this l,732"d Regular Meeting of the City of Livonia was adjourned at 8 12 p m
jel
Term Marecki, City Clerk