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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