HomeMy WebLinkAboutCOUNCIL MINUTES 2012-01-11 38121
MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETY SIXTH
REGULAR MEETING OF JANUARY 11, 2012
On January 11, 2012, 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 8 00 p m Councilmember Robinson led the meeting with the Pledge
of Allegiance, together with Livonia Boy Scout Troop #782
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: Todd Zilincik, City Engineer;
Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City
Attorney; Terry Marecki, City Clerk, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Brosnan, it was
#01-12 RESOLVED, that the Minutes of the 1,695th Regular
Meeting of the Council held December 14, 2011, are hereby approved
as submitted
AYES Brosnan, McCann, Laura, Pastor, and Toy
NAYS None
PRESENT Robinson and Kritzman
The President declared the resolution adopted
Councilmember Brosnan presented a tribute to Livonia Cleveland
Elementary School kindergartner, Kayte Prush, for her great work on behalf of the City
of Livonia Brosnan indicated Ms Prush wrote 100 letters to United States soldiers for
her project at school for the "100 Day Celebration" in honor of her grandfather who
served as a United States Marine
President Toy congratulated Police Chief Curtis Caid and Deputy Police
Chief Ben McDermott on their recent appointments and indicated both men were great
candidates for these positions and commended Mayor Kirksey for making his
selection after careful study of the matter President Toy also congratulated former
Regular Meeting Minutes of January 11, 2012 38122
Councilmember Brian Meakin for his recent appointment by Mayor Kirksey to the
Livonia Civil Service Commission President Toy concluded by thanking Ron Campau
for serving on the Civil Service Commission for the last 32 years and indicated Mr
Campau provided a great service to the City
During Audience Communication, Marguerite Gwizdala, 9870 Seltzer
St., Livonia, addressed Council to express her concerns regarding the installation of
Smart Meters in the Livonia community and indicated the cities of Rochester and
Rochester Hills have recently adopted resolutions imposing a moratorium on the
installation of Smart Meters in their communities Ms Gwizdala indicated her belief
that Smart Meters emitted high levels of radiation and posed significant health
concerns to residents
Donna Wiliams, 7451 Lafayette, Dearborn Heights, addressed Council to
express her concerns regarding the installation of Smart Meters in communities similar
to Livonia and stated eight local communities have adopted moratoriums against the
installation of Smart Meters Ms Williams expressed her belief that Smart Meters emit
significant radiation and research she has read indicated the radiation presented
health concerns to residents
Chaplain Doctor Charlene H Berry, 49615 Linden, Plymouth, addressed
Council to express her concerns regarding the installation of Smart Meters in local
communities Ms Berry stated her belief that Smart Meters posed constitutional
threats to citizens, possible health consequences, and would increase the cost of
electricity rather than decreasing it. Ms Berry encouraged the Council to petition the
government to take action and recommended the Council undertake an independent
study of the health effects relative to the emission of radiation in relation to Smart
Meters
Pauline Holeton, 2392 Barclay Avenue, Shelby Township, addressed
Council and thanked the Boy Scout Troop for leading the meeting with the Pledge of
Allegiance and thanked United States soldiers who are serving to protect citizens'
rights Ms Holeton expressed her concerns regarding the installation of Smart Meters
in communities and stated DTE would then be allowed to remotely shut off residents'
appliances and the installation of the meters posed threats to Livonia residents'
privacy and health
Bernard Moshel, 32674 Myrna, Livonia, addressed Council and indicated
he has been a resident since 1961 and was instrumental in the establishment of
Rotary Park. Mr Moshel expressed his concern for the recent installation of steel
posts at Rotary Park to encompass the athletic field and indicated he felt the park
should be open to all residents to enjoy and asked Council to look into the matter
further
John Holeton, 2392 Barclay Avenue, Shelby Township, addressed
Council to express his concerns regarding the installation of Smart Meters in
communities Mr Holeton expressed several other local communities have recently
adopted Council Resolutions that ban the installation of Smart Meters and felt
Regular Meeting Minutes of January 11, 2012 38123
although those resolutions may not be enforceable, they reflected the rights of the
people those elected to serve represent. Mr Holeton demonstrated to Council how to
use a high frequency meter to measure radiation emissions and expressed his belief
that all people have their own personal tolerance for radiation and how it will affect
their health
A communication from the Office of the Mayor, dated January 5, 2012,
re forwarding the Annual Report for the Fiscal Year 2010-2011, which reflects
activities of the Livonia City Departments, Commissions and Boards, was received
and placed on file for the information of the Council
On a motion by McCann, seconded by Pastor, it was
#02-12 RESOLVED, that having considered a communication from
the City Engineer, dated December 19, 2011, approved for submission
by the Mayor, to which is attached a letter from Rino Soave, on behalf of
Infinity Construction Services, LLC, dated December 5, 2011, requesting
a waiver of the sidewalk requirement in front of the new residences
located at 18239 Gill Road and 18249 Gill Road, in the Southwest 1/4 of
Section 9, the Council does hereby approve this request inasmuch as
omitting the sidewalk on the subject properties 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 these locations in the event that additional sidewalks are
installed in this area at some future date
#03-12 RESOLVED, that having considered a communication from
the City Clerk, dated December 19, 2011, forwarding an application
submitted by Xue Yan Wang, 23240 Brentwood Drive, Brownstown,
Michigan, 48183, 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
A communication from the Office of the City Clerk, dated December 16,
2011, forwarding a communication from the Secretary of the Board of Education re
collection of the 2012 taxes for the Livonia Public School District, was received and
placed on file for the information of the Council
Regular Meeting Minutes of January 11, 2012 38124
A communication from the Office of the City Clerk, dated December 16,
2011, forwarding a communication from the Deputy Superintendent, Administrative
Services, Wayne County Regional Educational Service Agency (RESA), re collection
of intermediate school property taxes to be included with the City's Summer tax
collection, was received and placed on file for the information of the Council
#04-12 RESOLVED, that having considered a communication from
the Acting Chief of Police, 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, the Council does, for and on behalf of the City
of Livonia, accept the Police communications equipment to be obtained
under the 2009 Urban Area Security Initiative (UASI) Grant in the total
amount of $53,809 50, to be used to purchase equipment to enhance
the City's Intelligence Bureau Communications, with no matching funds
required
#05-12 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated December 6,
2011, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and to which is attached a
proposed Animal Sheltering Agreement between the City of Livonia and
The Michigan Humane Society, 30300 Telegraph Road, Suite 220,
Bingham Farms, MI 48025, for a two year period commencing
December 1, 2011, to November 30, 2013, and wherein The Michigan
Humane Society would provide for the sheltering of animals during this
period at a cost of $3,250 00 per month for boarding, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City
of Livonia, to execute the attached agreement; FURTHER, the Council
does hereby authorize the said item without competitive bidding in
accordance with Section 3 04 140 D 2 and D 3 of the Livonia Code of
Ordinances, as amended
#06-12 RESOLVED, that having considered a communication from
the Department of Law, dated December 14, 2011, and approved for
submission by the Mayor, to which is attached an Amendment to the
Frequency Reconfiguration Agreement between the City of Livonia and
Nextel West Corporation, to facilitate compensation for the specialists
employed to serve Livonia's interests in this matter, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City
of Livonia, to execute the attached amended Frequency Reconfiguration
Agreement in the manner and form herein submitted, as well as to do all
things necessary or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
Regular Meeting Minutes of January 11, 2012 38125
AYES Robinson, Brosnan, Kritzman, McCann, Laura, Pastor, and
Toy
NAYS None
A communication from the City Council presenting the Chairpersons and
members of the various Committees for the years 2012-2013, as shown below, was
received and placed on file for the information of the Council (CR 498-05)
Committee of the Whole Laura M.Toy, Chair
All Councilmembers
Capital Improvement, Natural Resources Brandon M. Kritzman, Chair
and Waste Management Joe Laura, Vice Chair
Committee. John R. Pastor
Finance, Budget and Technology Thomas A. Robinson, Chair
Committee. Maureen Miller Brosnan,
Vice Chair
Brandon M. Kritzman
Legislative Affairs Committee. John R. Pastor, Chair
James C McCann, Vice Chair
Thomas A. Robinson
Economic Development, Community Joe Laura, Chair
1wn Outreach and Strategic Brandon M Kritzman, Vice Chair
Planning Committee. Maureen Miller Brosnan
Infrastructure and Community Transit Maureen Miller Brosnan, Chair
Committee. John R Pastor, Vice Chair
James C McCann
Public Safety, Education and James C McCann, Chair
Recreation Committee: Thomas A. Robinson, Vice Chair
Joe Laura
Special Committee- Personnel James C McCann, Chair
Review Committee. Joe Laura, Vice Chair
Maureen Miller Brosnan
On a motion by Laura, seconded by McCann, and unanimously adopted,
it was
#07-12 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4, 2012,
submitted pursuant to Council Resolution 498-05, the Council does
hereby designate Brandon M Kritzman as the City's delegate to the
Southeast Michigan Council of Governments and does hereby designate
Regular Meeting Minutes of January 11, 2012 38126
Thomas A. Robinson as the City's alternate on a continuing basis, or
until further order of this Council by Council Resolution
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#08-12 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4, 2012,
submitted pursuant to Council Resolution 498-05, the Council does
hereby designate Thomas A. Robinson to serve as the Council
representative on the Board of Directors of the Livonia Anniversary
Committee (SPREE) on a continuing basis, or until further order of this
Council by Council Resolution
On a motion by Laura, seconded by McCann, and unanimously adopted,
it was
#09-12 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4, 2012,
submitted pursuant to Council Resolution 498-05, with regard to the
Annual Meeting of the Michigan Municipal Risk Management Authority,
the Council does hereby determine to designate the Director of Finance,
Michael T Slater, as the official representative and voting representative
be. of the City of Livonia and does further designate John R Pastor as the
alternate on a continuing basis, or until further order of this Council by
Council Resolution
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was
#10-12 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4, 2012,
submitted pursuant to Council Resolution 498-05, with regard to the
Retirement Board of Trustees, the Council does hereby determine to
designate Joe Laura as the official representative and voting
representative of the Board of Trustees of the Livonia Employees
Retirement System on a continuing basis, or until further order of this
Council by Council Resolution
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#11-12 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4, 2012,
Regular Meeting Minutes of January 11, 2012 38127
submitted pursuant to Council Resolution 498-05, the Council does
hereby determine to designate James C McCann to serve on the Hearts
of Livonia Board on a continuing basis, or until further order of this
Council by Council Resolution
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 23 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 2011-07-01-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
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.
Pastor took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING CHAPTER 32 (PROPERTY
MAINTENANCE CODE) OF TITLE 15 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
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
Pastor took from the table, for second reading and adoption, the
following Ordinance
Regular Meeting Minutes of January 11, 2012 38128
AN ORDINANCE AMENDING SECTION 26 04(a) OF ARTICLE XXVI
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2011-10-06-
01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Robinson, Brosnan, Katzman, McCann, Laura, Pastor, and
Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by McCann, seconded by Pastor, and unanimously
adopted, it was
#12-12 WHEREAS, the community of Livonia in Wayne County
currently participates in the Federal Emergency Management Agency's
(FEMA's) Flood Insurance Program (NFIP) by complying with the
program's applicable statutory and regulatory requirements for the
purposes of significantly reducing flood hazards to persons, reducing
property damage, and reducing public expenditures, and providing for
the availability of flood insurance and federal funds or loans within its
community, and
WHEREAS, the NFIP requires that floodplain management regulations
must be present and enforced in participating communities, and utilize
the following definitions which also apply for the purposes of this
resolution
1 Flood or flooding means
a A general and temporary condition of partial or complete
inundation of normally dry land areas from (1) the overflow of
inland or tidal waters, (2) the unusual and rapid accumulation or
runoff of surface waters from any sources, (3) mudflows, and
b The collapse or subsidence of land along the shore of a lake or
other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as flash flood or an abnormal
tidal surge, or by some similarly unusual and unforeseeable event
Regular Meeting Minutes of January 11, 2012 38129
which results in flooding, as defined in paragraph (a)(1) of this
definition
2 Flood Hazard Boundary Map (FHBM) means an official map of a
community, as may have been issued by the FEMA, where the
boundaries of the flood, mudslide (i e , mudflow) related erosion
areas having special hazards have been designated as Zone A,
M, and/or E
3 Floodplain means any land area susceptible to being inundated
by water from any source (see definition of flooding)
4 Floodplain management means the operation of an overall
program of corrective and preventive measures for reducing flood
damage, including but not limited to emergency preparedness
plans, flood control works, and floodplain management
regulations
5 Floodplain management regulations means zoning ordinances,
subdivision regulations, building codes, health regulations, special
purpose ordinances (such as a floodplain ordinance, grading
ordinance and erosion control ordinance), and other applications
of police power that provide standards for the purposes of flood
damage prevention and reduction
6 Structure means a walled and roofed building that is principally
above ground, gas or liquid storage facility, as well as a mobile
home or manufactured unit.
WHEREAS, the Stille-Derossett-Hale Single State Construction Code
Act, Act No 230 of the Public Acts of 1972, as amended (Construction
Code Act), along with its authorization of the State Construction Code
composed of the Michigan Residential Code and the Michigan Building
Code [and its Appendices (specifically Appendix G)] contains floodplain
development and management regulations that comply with the FEMA
NFIP minimum floodplain management criteria for flood prone areas, as
detailed in Title 44 of the Code of Federal Regulations (44 CFR), Section
60 3, and
WHEREAS, by the action dates of this document or an existing historical
ordinance adoption action dated March 9, 2011, the community
affirms/accepted the responsibility to administer, apply, and enforce the
provisions of the Construction Code Act and the State Construction
Code, specifically the Michigan Residential Code and the Michigan
Building Code, to all construction within its community boundaries, and
NOW THEREFORE, to maintain eligibility and continued participation in
the NFIP,
Regular Meeting Minutes of January 11, 2012 38130
1 The community directs its Construction Code Act designated
enforcing agency, Director of Inspection, to administer, apply, and
enforce the floodplain management regulations as contained in
the State Construction Code (including Appendix G) and to be
consistent with those regulations by.
a Obtaining, reviewing, and reasonably utilizing flood elevation
data available from federal, state, or other sources pending
receipt of data from the FEMA to identify the flood hazard area
and areas with potential flooding
b Ensuring that all permits necessary for development in
floodplain areas have been issued, including a floodplain
permit, approval, or letter of no authority from the Michigan
Department of Environmental Quality under the floodplain
regulatory provisions of Part 31, "Water Resources
Protection," of the Natural Resources and Environmental
Protection Act, 1994 PA 451, as amended
c Reviewing all permit applications to determine whether the
proposed building sites will be reasonably safe from flooding
Where it is determined that a proposed building will be
located in a flood hazard area or special flood hazard area,
the Construction Code Act enforcing agent shall implement
the following applicable codes according to their terms
1 Floodplain management regulation portions and
referenced codes and standards of the current Michigan
Residential Code
2 Floodplain management regulation portions and
referenced codes and standards of the current Michigan
Building Code
3 Appendix G of the current Michigan Building Code
d Reviewing all proposed subdivisions to determine whether
such proposals are reasonably safe from flooding and to
ensure compliance with all applicable floodplain
management regulations
e Assisting in the delineation of flood hazard areas, providing
information concerning uses and occupancy of the floodplain
or flood-related erosion areas, maintaining floodproofing and
lowest floor construction records, cooperating with other
officials, agencies, and persons for floodplain management.
Regular Meeting Minutes of January 11, 2012 38131
f Advising FEMA of any changes in community boundaries,
including appropriate maps
g Maintaining records of new structures and substantially
improved structures concerning any certificates of
floodproofing, lowest floor elevation, basements,
floodproofing, and elevations to which structures have been
floodproofed
2. The community assures the Federal Insurance Administrator
(Administrator) that it intends to review, on an ongoing basis, all
amended and revised FHBMs and Flood Insurance Rate Maps
(FIRMS) and related supporting data and revisions thereof and
revisions of 44 CFR, Part 60, Criteria for Land Management and
Use, and to make such revisions in its floodplain management
regulations as may be necessary to continue to participate in the
program
3 The community further assures the Administrator that it will adopt
the current effective FEMA Flood Insurance Study (FIS), FHBMs
and/or the FIRMs by reference within its Floodplain Management
Map Adoption Ordinance or similarly binding ordinance
documentation
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDMENT ADDING SECTION 190 OF TITLE 15,
CHAPTER 36 (GRADING AND SOIL EROSION CONTROL) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED, ADDRESSING
FLOODPLAIN MANAGEMENT
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 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 Robinson, Brosnan, Kritzman, McCann, Laura, Pastor,
and Toy
NAYS None
Regular Meeting Minutes of January 11, 2012 38132
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Robinson, seconded by Laura, and unanimously
adopted, it was
#13-12 RESOLVED, that the Council does hereby refer the subject
matter of flood prevention and the related Ordinance to the Infrastructure
and Community Transit Committee for its report and recommendation
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was
#14-12 RESOLVED, that having considered a communication from
the City Clerk, dated December 16, 2011, forwarding an application
submitted by Daihui Yang, 23240 Brentwood Drive, Brownstown,
Michigan 48183, 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
Rick Wong, 37000 Six Mile Road, was present as interpreter for applicant, Daihui
Yang, 23240 Brentwood Drive, Brownstown, and was present to answer any
questions of Council
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#15-12 RESOLVED, that having considered a communication from
the City Clerk, dated December 16, 2011, forwarding an application
submitted by Noel E Carter, 25953 Dartmouth, Inkster, Michigan 48141,
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
Noel Carter, 25953 Dartmouth, Inkster, was present to answer any questions of
Council
During Audience Communication, Marguerite Gwizdala, 9870 Seltzer
St., Livonia, addressed Council to present information concerning how residents can
purchase meters to measure how much radiation is being emitted within their homes
Regular Meeting Minutes of January 11, 2012 38133
John Holeton, 2392 Barclay Avenue, Shelby Township, addressed
Council to express various problems he feels are directly related to Smart Meters and
the possible health concerns they may cause and indicated he was present on behalf
of the citizens of Livonia
On a motion by McCann, seconded by Laura, it was
#16-12 RESOLVED, that having polled the Council members
regarding whether to give Pauline Holeton an additional time limit of
three minutes to speak at the end of the Council meeting under
Audience Communication regarding the subject matter of Smart Meters,
the Council does hereby determine to restrict Ms Holeton from
addressing the Council a second time on the same subject matter
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Kritzman, McCann, Laura, and Pastor
NAYS Brosnan and Toy
The President declared the resolution adopted
On a motion by Robinson, seconded by Brosnan, and unanimously
adopted, it was
#17-12 RESOLVED, that the Council does hereby refer the subject
matter of Smart Meters to the Infrastructure and Community Transit
Committee for its report and recommendation
On a motion by Pastor, seconded by Kritzman, and unanimously
adopted, this 1,696th Regular Meeting of the Council of the City of Livonia was
adjourned at 9:22p m
\(4
Terri-A. Marecki, City Clerk