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HomeMy WebLinkAboutCOUNCIL STUDY - 2015-06-01 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD JUNE 1, 2015 Meeting was called to order at 8:00 p.m. by President Brosnan. Present: Brian Meakin, Laura Toy, Lynda Scheel, Brandon Kritzman, John Pastor, and Maureen Miller Brosnan. Absent: Susan Nash. Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Susan Hoff, City Clerk; and Mayor Jack Kirksey. President Brosnan noted that Councilmember Nash was attending the graduation of the Class of 2015 from St. Michael's Catholic School, her son Logan is graduating. President Brosnan spoke about the upcoming Livonia Bike/Walk and encouraged residents to let the City know where they would like to see connectivity in establishing a pedestrian plan She indicated there will be an Open House at the Civic Center Library on June 17th from 6:00 to 8:00 p.m. President Brosnan also stated that Bill Craig, Chairman of the Tree Committee, will be receiving the Petoskey Prize for Environmental Leadership on Wednesday, June 24th, at the Ann Arbor City Club at the Michigan Environmental Awards Ceremony. Toy recalled a bike path study had been done way back when Ed McNamara was Mayor in the 1970's. Toy said she is glad to see a bike path study again for all the pedestrians and bike riders in the community. AUDIENCE COMMUNICATION: Christopher Martin, 11037 Hubbard, spoke of his incarceration and the events leading up to it last year. NEW BUSINESS: 1. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Fr. Tony Massad, Pastor, re: in order to hold a cultural festival with music played by a DJ and live band at Saint Rafka Maronite Catholic Church located at 32765 Lyndon, on Saturday, August 1, 2015 from 4:00 p.m. to 11:00 p.m. and Sunday, August 2, 2015 from 1:00 p.m. to 8:00 p.m. Shaheen BouMaroun, Parish Council President, said he present on behalf of Fr. Massad and was ready to answer any questions Council may have. 2 Toy asked BouMaroun if they would be having any motorized rides for the children, he replied no. He added there would be a bounce house. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 REQUEST TO BARRICADE CITY STREETS: William Fried, Livonia Rotary Clubs, re: for a 5K Rotary Run at Spree "65", to be held on Sunday, June 28, 2015 beginning at 7:45 a.m. on streets per the course map, no rain date scheduled. William Fried, presented the request to Council. He said he would like to move this request forward with both routes and said they will make a decision prior to the voting meeting. Pastor offered two approving resolutions, one with the route as presented and one with the route recommended by LPD, for the Regular Agenda. DIRECTION: 1) APPROVING —AS PRESENTED REGULAR 2) APPROVING — ROUTE RECOMMENDED BY LPD 3. RE-APPOINTMENT OF GREGORY COPPOLA TO THE ZONING BOARD OF APPEALS: Council Vice President Brian Meakin, re: for a three year term, which will expire on July 12, 2018. Vice-President Meakin presented the request to Council. He said he was happy to recommend Gregory Coppola for reappointment to the Zoning Board of Appeals. Meakin said Gregory has been doing an excellent job and knows that he will continue to do an excellent job. Vice-President Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. RE-APPOINTMENT OF MATTHEW HENZI TO THE ZONING BOARD OF APPEALS: Councilmember Lynda Scheel, re: for a three year term, which will expire on July 12, 2018. Scheel presented the request to Council. Scheel said she was happy to recommend Matthew Henzi for reappointment to the Zoning Board of Appeals. She said he has served for many years and done a wonderful job. 3 Matthew Henzi said it has been pleasure serving and said he looks forward to his continued service on the Zoning Board of Appeals. Christopher Martin, 11037 Hubbard, stated he was not in support of this recommendation. Scheel offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. TAX RATE REQUEST FOR THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY FOR THE YEAR 2015: Office of the City Clerk, re: forwarding a communication from Michael T. Slater, Treasurer, setting forth the rate of tax to be levied and requesting that it be collected as part of the summer tax collection. Mike Slater, Treasurer of the PRDA, presented the request to Council. He said this is a housekeeping item and asked the Chair to receive and file the rate of tax to be levied and requesting that it be collected as part of the summer tax collection. At the direction of the Chair, this item will be received and filed. DIRECTION: RECEIVE & FILE CONSENT 6. REQUEST TO UTILIZE THE GREENMEAD PROPERTY FOR THE 166tH 167tH AND 168th ANNUAL HIGHLAND GAMES: Department of Community Resources and the St. Andrew's Society of Detroit, re: for the proposed game days of July 31-August 1, 2015, August 5-6, 2016, and August 4-5, 2017. Linda McCann, Co-Director of Community Resources, presented the request to Council. Peg Dunlop, Games Chair, St. Andrew's Society of Detroit, said they have been holding the Highland Games here in Livonia since 1997. She said it is a great family event and she invited the public to come check it out. She said they are seeking to renew their contract for the next 3 years. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST TO APPROVE MEMBERSHIP FEE INCREASES FOR THE LIVONIA COMMUNITY RECREATION CENTER: Department of Parks and Recreation, re: to help cover operational costs and to become effective December 1, 2015. 4 Dave Varga, Superintendent, Parks and Recreation, presented the request to Council. The Department of Parks and Recreation requests an increase in annual, summer and Electronic Funds Transfer (EFT) fees at the Livonia Community Recreation Center. The last increase was in 2011, per Council Resolution #377-11. The increase request is 5 percent, which is below the 7 percent Consumer Price Index increase since 2011. They recommend that these increases become effective December 1, 2015, in line with the 2015-2016 budget. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. AWARD OF BID: Public Service Division, re: for the Livonia Community Recreation Center HVAC Maintenance Service Contract for a 3 year period. Kevin Maillard, Director of Public Works, presented the request to Council. The Public Service Division has taken bids for Livonia Community Recreation Center Heating, Ventilation and Air Conditioning Maintenance Service in accordance with the requirements of the Finance Ordinance. Specifications were prepared by the Division, and an advertisement for bids was placed in the April 12, 2015 edition of the Livonia Observer. Bid invitations were placed on the Michigan Inter- governmental Trade Network (MITN). Six companies submitted Proposals which were opened at 2:00 p.m. on Tuesday, May 5, 2015. The low bid was received from RW Mead & Sons, 33795 Riviera, Fraser, MI 48026. It is the recommendation of the Public Service Division that Council proceed as follows- 1. ollows:1. Award a contract in an amount not to exceed $183,732.00 to the low bidder, RW Mead & Sons, 33795 Riviera, Fraser, MI 48026, which meets specifications, for completing all work in connection with the Livonia Community Recreation Center HVAC Maintenance Service Contract. This is a three year contract with: Year 1 ($60,132.00), Year 2 ($61,200.00) and Year 3 ($62,400.00). There is funding in the Parks and Recreation account for the contract. 2. Authorize the Director of Public Works to approve any minor changes in the work as it becomes necessary. Vice-President Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REQUEST TO ADJUST WATER AND SEWER CONSUMPTION RATES, INDUSTRIAL SURCHARGE RATE AND INDUSTRIAL WASTE CONTROL 5 CHARGE: Public Service Division, re: to become effective with the first billing on or after July 1, 2015. Donald Rohraff, Superintendent, Public Services, presented the request to Council. Coline Coleman, Assistant Chief Accountant, was also present. Rohraff said Livonia's Department of Public Services and Finance Department have worked together on the water and sewer rates proposed for implementation on July 1, 2015. In calculating the new rates, a review was performed on how the rates performed last year against the budget, and analysis of its effects on our small, medium and large water users was done. Incorporating the increased wholesale charges from Wayne County and the Detroit Water and Sewerage Department, the recommended new rates will impact customers in the following manner: 1) The proposed water and sewer rate increase is 7.38% this year for the average residential user, which is based on 20 units (2,000 cubic feet) of consumption per quarter. 2) The majority of the rate increase is a pass-through of the increased charges from our wholesale suppliers. DWSD increased the annual fixed fees charged to the City of Livonia from $4,988,640 to $7,449,600. Livonia's local costs remained flat. 3) The fixed rate for the 37,198 users with small meters (5/8 to 1 inch) has been increased to $68.85, up from last year's rate of$62.85. 4) The increase of the fixed rate on all meters has been necessitated by the fact that the annual fixed fees charged by Wayne County and DWSD are so significant. The City has expressed our disapproval to DWSD of implementing the large increase to fixed fees at this time. 5) The increase in per-unit rates is the result of recovering the balance of fixed charges from DWSD and Wayne County through per unit costs. 6) City of Livonia users still pay much less for water than users in most surrounding communities for an equal amount of water. 7) The new rates will be in effect from July 1, 2015, through June 30, 2016. At a meeting of the Water and Sewer Board of the City of Livonia, the following resolution was adopted: WS #4809 05/14 RESOLVED, that the Water and Sewer Board concurs with the recommendations made by the Director of Public Works and the Superintendent of Public Service - Environment & Utilities in their letter dated 6 May 11, 2015. The Board recommends that Council proceed by approving the recommended amendments to the Water and Sewer Ordinance: Rohraff and Coleman were ready to answer any questions Council may have. Toy said while she appreciates all of Rohraff's and Coleman's efforts, she expressed her thoughts and said more needs to be done to improve and stop the constant increases to the residents and business owners with regard to the water and sewage rates. President Brosnan asked Rohraff if there were any expected improvements to the system in the next year. Rohraff asked Brosnan if she was referring to the City of Livonia or DWSD infrastructure; she replied DWSD. He indicated that they are looking at some improvements in the near future. President Brosnan asked Rohraff if he still serves on their Committee; he replied yes and indicated that is the co-chair. She asked if he feels that money is being appropriated in the right way. Rohraff said yes. Vice-President Meakin asked Rohraff if the rates being approved would still be honored after the improvements to the infrastructure have been completed. Rohraff said the proposed rates, if approved, would be in effect for the next year. He said it may change next year. Toy said she agreed with President Brosnan's comment earlier about Livonia being a large community and having a large voice at the table. Toy added that she would be more than glad to attend future meetings with Rohraff and Coleman. Rohraff told Toy she is always welcome to join them. President Brosnan asked if the increase was for anything being done here in Livonia if it was simply an increase from the supplier being passed on to the consumers. Coleman confirmed that the increase was from the supplier and it was being passed on to the consumer. Coleman said as Rohraff mentioned earlier, the Livonia portion actual was decreased to lessen the increase to the consumers. Kritzman said this is one of those necessary increases, mostly out of the City's control. He said water is essential to us and he is glad we have representatives on the Committee that extend a voice for our community and he is glad that despite that having to deal with the increases, he is glad we are able to squawk about it. He said he too appreciates the hard work of Rohraff and Coleman. He said also appreciates the comments from his fellow Councilmembers. Pastor said the system is very old and needs repair or replacement to much of the system; that equates to larger increases in the future. Even though Livonia's system is in pretty good shape, the increases will include the cost of those 7 repairs and improvements to the system and also the cost of unpaid bills from other communities that are still struggling. He said we will just have to negotiate the best we can and hope for the best. Pastor offered the approving resolution for 1St Reading for the Regular Agenda. Toy offered the denying resolution for the Regular Agenda. DIRECTION: 1) APPROVING — 1St READING REGULAR 2) DENYING 10. REQUEST TO ADOPT FREEDOM OF INFORMATION ACT POLICIES AND PROCEDURES: Department of Law, re: to review and adopt revised policies and procedures in connection with Act 563, amending the Michigan Freedom of Information Act. Don Knapp, City Attorney, presented the request to Council. As you may have heard, the Legislature last year adopted Act 563 of 2014, amending the Michigan Freedom of Information Act. Act 563 is detailed and highly technical in its requirements; cost recovery and compliance with the new law will be difficult. Among other things, the new FOIA law requires every municipality to formally adopt a FOIA policy. As such, a draft revised set of policies and procedures has been provided to Council for its review and adoption, recognizing that the new law takes effect July 1. The policies and procedures and sample FOIA documents provided were crafted primarily from forms drafted by the Michigan Townships Association, with input from other municipal attorneys. Also required by the new law is a summary of FOIA Procedures and Guidelines, which lays out the FOIA process in practical layman's terms. The principal effect of Act 563 is to end the routine charging of fees for FOIA responses. Any fees charged must be itemized in detail and are subject to appeal both internally through the Mayor's office and externally through the courts. The burden of proof is on the City, and Act 563 imposes penalties for noncompliance by the City even as it gives FOIA requestors incentives to litigate. It is thus with considerable care that these documents have been prepared. Should Council decide to continue recovering costs for FOIA responses after July 17 it is respectfully recommended that Council adopt a resolution. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8 AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President Brosnan adjourned the Study Session at 8:56 p.m. on Monday, June 1, 2015. DATED: June 11, 2015 SUSAN A. HOFF CITY CLERK