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HomeMy WebLinkAboutSYNOPSIS - 2014-08-18 th SYNOPSIS OF THE MINUTES OF THE 1,759 REGULAR MEETING LIVONIA CITY COUNCIL – AUGUST 18, 2014 Meeting was called to order at 7:00 p.m. by President Brosnan. Present: Brian Meakin, Laura Toy, Lynda Scheel, Susan Nash, Brandon Kritzman, John Pastor, and Maureen Miller Brosnan. Absent: None. th #242-14 Resolution by Pastor and Scheel, approving the minutes of the 1,758 MAD FAT Regular Meeting of the Council held August 6, 2014. A roll call vote was taken on the foregoing Resolutions: AYES: Meakin, Toy, Scheel, Nash, Pastor, and Brosnan. NAYS: None. PRESENT: Kritzman. Pastor wished a Happy Birthday to State Representative, John Walsh. Kritzman wished a Happy Birthday to his daughters, Jacqueline and Anna, and his wife, Rebecca. Meakin wished a Happy Birthday to his daughter, Kelly Ann, and City Clerk, Terry th Marecki; both on August 24. President Brosnan announced there is new data on Items #4, #11; also, there will be an X-Item at the end of the meeting. President Brosnan announced there will be two (2) Public Hearings held 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.: 1. Proposed Revised Special Assessment District for Levan Road Sanitary Sewer Project – to determine Necessity located on the east side of Levan Road (15160, 15200 and 15230 Levan Road), in the Northeast ¼ of Section 20. (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 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. (CR 174-14) th SYNOPSIS OF THE MINUTES OF THE 1,759 REGULAR MEETING 2 LIVONIA CITY COUNCIL – August 18, 2014 AUDIENCE COMMUNICATION: None. The following items were received and filed: 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. Communication 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. Presentation from Asset Strategies, dated August 6, 2014, re: whether or not the City and its employees are receiving the best possible programs currently available. Communication from Councilmember Laura Toy, dated July 23, 2014, re: history and background information on the fireworks issue. (CR 185-14) Communication from the Department of Law, dated July 25, 2014, re: the fireworks statutes and ordinances. E-mail communication from K. J. Bartlett, dated July 7, 2014, re: complaining about the annoyance of the fireworks. E-mail communication from Luann Towne, dated July 7, 2014, re: changing the time that fireworks should end. Correspondence 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. Communication from City Clerk Terry Marecki, dated August 18, 2014, re: three year dog licenses. Communication from Brad Squire, 9900 Berwick Street, dated August 12, 2014, re: waiver of Noise Ordinance for Old Rosedale Gardens Homeowners Association, for family friendly movie night to be held on Friday, August 22, 2014, with rain date of August 23, 2014 or September 5, 2014. 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. th SYNOPSIS OF THE MINUTES OF THE 1,759 REGULAR MEETING 3 LIVONIA CITY COUNCIL – August 18, 2014 At the direction of the Chair, per the request of Vice-President Meakin, Item #7 was removed from the Consent Agenda and will be discussed following the Consent Agenda. The following resolutions were offered by Toy and Scheel: #243-14 Approving the request of Caren Shatter, 15642 Sussex, to close Sussex MAD FAT Street between Fitzgerald and Sherwood on Saturday, September 6, 2014, from 1:00 Police p.m. to 10:00 p.m. for the purpose of conducting a block party, with a rain date of Sunday, September 7, 2014, subject to the approval of the Police Department. #244-14 Approving the request of Robert Telep, 37562 Southampton Street, dated MAD FAT July 20, 2014, to close Sunnydale Street at the cul-de-sac intersection between Police 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, subject to the approval of the Police Department. #245-14 Approving the request of Sharlene Dostal, 9614 Woodring, dated July 22, MAD FAT 2014, to close Woodring between West Chicago and Orangelawn on Saturday, Police September 6, 2014, from 3:00 p.m. to 10:00 p.m. for the purpose of conducting a block party, with no rain date scheduled, subject to the approval of the Police Department. MAD #246-14 Referring the matter of whether or not to sell City-owned property located FAT at 27560 Joy Road (Parcel #144-99-0161-000) to Dale R. Donahue, per his request of Insp July 15, 2014, in order to erect a garage and maintain the property, to the Planning Administration for its Report and Recommendation. Eng MAD #247-14 Approving the request from Claude Poynter waiving the sidewalk FAT requirement for 20180 Mayfield; FURTHER, the Council does hereby reserve the right Eng to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date. #248-14 Approving the request of Steven Johnson, to waive Section 8.32.070 MAD FAT (Noise Control) of the Livonia Code of Ordinances, in connection with a marriage Police celebration with a live band and recorded music, being held on Sunday, September 7, 2014, from 2:00 p.m. to 10:00 p.m., at 18240 Sunset Street. #249-14 Authorizing the purchase of two (2) single axle cab and chassis dump MAD trucks through the Rochester Hills Co-Op Award Agreement, for the Public Service FAT 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. th SYNOPSIS OF THE MINUTES OF THE 1,759 REGULAR MEETING 4 LIVONIA CITY COUNCIL – August 18, 2014 #250-14 Approving a change order to Contract 14-A with Nagle Paving Company, MAD 36780 Amrhein, Livonia, Michigan 48150, in order to make miscellaneous repairs to the FAT Eng existing catch basins, deteriorated sections of concrete sidewalk and asphalt parking lot repairs during the scheduled shut down of the Livonia Community Recreation Center from August 25, 2014 through August 29, 2014, from budgeted funds; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $20,000.00 from funds already budgeted for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary. A roll call vote was taken on the foregoing Resolutions: AYES: Meakin, Toy, Scheel, Nash, Kritzman, Pastor, and Brosnan. NAYS: None. MAD #251-14 Resolution by Meakin and Scheel, unanimously adopted, determining to FAT take no further action regarding the request from the Human Resources Director and CivSvc Secretary to Livonia Employees Retirement System, 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. MAD #252-14 Resolution by Toy and Meakin, unanimously adopted, Council does FAT hereby 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. #253-14 Resolution by Toy and Meakin, unanimously adopted, referring the subject MAD FAT of the proposed amendment to the Livonia Code of Ordinances, re: Section 260 of Title 6, Chapter 04 (Dogs) to the Legislative Affairs 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. Kritzman stepped down from the podium at 7:34 p.m. to avoid any perceived conflict of interest. th SYNOPSIS OF THE MINUTES OF THE 1,759 REGULAR MEETING 5 LIVONIA CITY COUNCIL – August 18, 2014 #254-14 Resolution by Toy and Meakin, authorizing the Mayor and the City Clerk to MAD execute an amendment to the engineering contract with Anderson, Eckstein & Westrick, FAT Insp Inc., 51301 Schoenherr Road, Shelby Township, Michigan 48315, as the designated Eng consultant to provide the engineering services for the Sears Drive Reconstruction Plan 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. (CR 260-10 and CR 367-13) A roll call vote was taken on the foregoing Resolution: AYES: Meakin, Toy, Scheel, Nash, Pastor, and 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, CHAPTER 30 (NARCOTIC AND DANGEROUS SUBSTANCES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. Pastor invoked the EMERGENCY CLAUSE and gave SECOND READING to the foregoing Ordinance: A roll call vote was taken on the foregoing Ordinance: AYES: Meakin, Toy, Scheel, Nash, Kritzman, Pastor, and Brosnan. NAYS: None. MAD #255-14 Resolution by Pastor and Meakin, directing that a Closed Committee of FAT the Whole meeting be held to discuss litigation matters and attorney/client privileged communications in connection with pending litigation, Deborah Mato v City of Livonia. A roll call vote was taken on the foregoing resolution: AYES: Meakin, Toy, Scheel, Nash, Kritzman, Pastor, and Brosnan. NAYS: None. #256-14 Resolution by Pastor and Kritzman, directing that a Closed Committee of MAD FAT the Whole meeting be held to discuss litigation matters and attorney/client privileged communications in connection with pending litigation, International Outdoor, Inc. v City of Livonia. th SYNOPSIS OF THE MINUTES OF THE 1,759 REGULAR MEETING 6 LIVONIA CITY COUNCIL – August 18, 2014 A roll call vote was taken on the foregoing resolution: AYES: Meakin, Toy, Scheel, Nash, Kritzman, Pastor, and Brosnan. NAYS: None. MAD #257-14 Resolution by Pastor and Toy, unanimously adopted, suspending the rules FAT for procedure as outlined in CR 574-82 to permit consideration of items that do not appear on the agenda. #258-14 Resolution by Toy and Nash, unanimously adopted, granting permission MAD FAT to Old Rosedale Gardens Homeowners Association, waiving Section 8.32.070 (Noise P&R Control) of the Livonia Code of Ordinances, as amended, to show family friendly movies Police 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, subject to the approval of the Superintendent of Parks and Recreation. AUDIENCE COMMUNICATION: Tom Berry, 9971 Hambelton; Christopher Martin, 12275 Inkster; and Loyd Romick, 33437 Michele, each expressed their own concerns regarding political signs on school property. th By Meakin and Scheel, unanimously adopted, adjourning this 1,759 Regular Meeting of the Council of the City of Livonia at 7:52 p.m. on August 18, 2014. TERRY A. MARECKI CITY CLERK *The foregoing is a summary of the Council’s proceedings in synopsis form as authorized by CR 1158-68. The full text of the official minutes of this meeting is on file in the Office of the City Clerk and is available to the public upon request.