HomeMy WebLinkAboutCOUNCIL STUDY - 2012-12-10 CITY OF LIVONIA— CITY COUNCIL
MINUTES OF STUDY MEETING HELD DECEMBER 10, 2012
Meeting was called to order at 8:00 p.m. Present: Joe Laura, Thomas Robinson,
Maureen Miller Brosnan, Brandon Kritzman, James McCann, and John Pastor. Absent.
Laura Toy.
Elected and appointed officials present: Todd Zilincik, City Engineer; Mark
Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney;
Terry Marecki, City Clerk; and Jack E. Kirksey, Mayor.
Vice-President Pastor announced there is new data on Items #4, #197 #207 #24 and #X-
1; also, there will be two (2) X-items discussed after tonight's Agenda.
Vice-Present Pastor welcomed Councilmember Robinson back.
Robinson said he is excited to be back after his kidney transplant surgery. He thanked
his donor and the community for all their support and well wishes.
Vice-President Pastor welcomed Boy Scout Troop #782 who was present in the
audience.
Vice-President Pastor wished his niece, Layla, a Happy Birthday; her birthday was last
Saturday. He also wished Brian Meakin a Happy Birthday; his birthday is tomorrow.
Mayor Kirksey said he attended the annual UAW 182 Christmas Party for needy
children and families over the weekend; he said this year they did things a little different
from the past. Bill Heaton along with other members of the Livonia Goodfellows worked
with needy families in the area and when they arrived they had the family name on their
table along with gifts for the children that had been individually shopped for and when
they left they were given food and a turkey. Mayor Kirksey said the members of the
UAW 182 and Ford Transmission Plant did an outstanding job raising funds for this
event. Mayor Kirksey announced that his granddaughter, Mackenzie, was here visiting.
Vice-President Pastor reminded everyone the Toys for Tots collection has begun for this
year. He said it is for families in need in Livonia and the surrounding area. There are
several drop off locations including his office at 34018 Beacon, or contact his office at
734-522-3800.
AUDIENCE COMMUNICATION: None.
NEW BUSINESS
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1. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City
Clerk, re: submitted by Nathaniel R. Kearns in accordance with Chapter 5.49 of
the Livonia Code of Ordinances, as amended.
Nathaniel R. Kearns, 15344 Bainbridge, was present to answer any questions
Council may have. He said that he was original going to be working with
Massage Green but has an interview with another place tomorrow.
McCann informed Kearns that he has to be working under a Massage Therapist
and that before his request can be approved, he needs to provide the name of
the therapist he will work under, the name of the company and location. McCann
instructed him to provide the information to the Council office prior to the voting
meeting on December 19, 2012; otherwise he could request to be removed from
that Agenda until he can provide that information.
McCann offered the approving resolution for the Regular Agenda.
DIRECTION: APPROVING REGULAR
2. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City
Clerk, re: submitted by Ashley Blizzard in accordance with Chapter 5.49 of the
Livonia Code of Ordinances, as amended.
Ashley Blizzard, 1551 Heatherwood Drive, Inkster, was present to answer any
questions Council may have.
McCann said all of the paperwork is in order.
McCann offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
3. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk,
re: submitted by Matthew Klar in accordance with Chapter 5.49 of the Livonia
Code of Ordinances, as amended.
Matthew Klar, 21900 Farmington Road, Apt. 306, Farmington, MI 48336, was
present to answer any questions Council may have.
Brosnan said all of Mr. Klar's paperwork is in order.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
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4. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO
INVESTIGATE THE REQUEST FROM VIP LAZEEZ, LLC TO TRANSFER
OWNERSHIP OF A 2011 CLASS C LICENSED BUSINESS WITH DANCE
PERMIT AND OFFICIAL PERMIT (FOOD), FROM COMPTON VILLAGE
COCKTAIL LOUNGE INC.; AND A NEW OFFICIAL PERMIT (DANCE) FOR
WEEKDAYS 2:30 AM TO 7:00 AM AND SUNDAYS, 2:30 AM TO 12:00 PM
(STEP 2): Division of Police, re: for the business located at 28500 Schoolcraft,
Livonia, MI 48150.
Saad Kamil, 5181 Frederick, Sterling Heights, was present to answer any
questions Council may have.
Brosnan asked Knapp through the Chair, to explain why this request has to come
before Council for approval. Don Knapp, City Attorney, said there is an extension
for additional hours as well as a new dance permit; those are the reasons the
Council has Authority in this case. Brosnan said so in this case, with regard to
the additional hours permit is that an extension of the hours from 2:30 a.m. to
7:00 a.m. or is that the liquor license or the ability to serve liquor. Knapp said
they can't serve liquor at that time. He said it is his understanding that the
request for the extension of hours is so that they can provide in-room food
service to the Mitch Housey Facility, and in order to do so they need to first
obtain an extension of hours to serve food. Knapp said he didn't have much in
the way of background, other than what was provided by the Council office, with
regard to the request for Dance Permit, and why there would be an extension of
hours for that. Brosnan said then let's examine this request one step at a time.
She said she didn't ever recall approving a Food Permit at the location, so on
what basis do they approve a food permit; she asked if it were through the State
of Michigan that they would need to do that. She asked Knapp if he could give
her an example of where in Livonia they have done that in the past. Knapp said
he couldn't recall any previously. He said most of the time with transfers they are
stand-alone restaurants. There are few, if any, that have food service associated
with a hotel and that's what this petition involves.
Brosnan asked through the Chair to the Petitioner, she said first of all, let's talk
about the food permit and why you need an extension of hours.
Mrs. Awatoff Kamil, 4621 Admiral, Sterling Heights, said they didn't need to
extend the food permit. They would service people food up until 2:00 a.m. and by
2:30 a.m. everyone would be out. Brosnan asked the petitioner, then you don't
want an extension of hours; just an extension of the dance hours. Brosnan said
the paperwork indicates that you want to be open until 7:00 a.m., Mrs. Kamil said
they wanted to extend it until 4:00 a.m. Brosnan noted that they would not be
allowed to sell alcohol at that time. Kamil said at that time they would be serving
coffee and the patrons would be sitting and talking at that time. Brosnan said
most of the other establishments in the City close at 2:30 a.m. Brosnan asked
Kamil if she was telling them that she could not operate with a 2:30 a.m. closing
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time. Kamil said no they could operate. Brosnan said to Kamil then she really
didn't need that 2:30 a.m. to 4:00 a.m. extension. Kamil said if they could get the
extension that would be fine, if not, they could still operate.
Laura asked through the Chair to the Law Department, if there were provisions in
the Law that would allow alcohol to be served beyond 2:00 a.m. Knapp said not
to his knowledge, the liquor will always have to end at 2:00 a.m.
John Carlin, 28555 Coolidge, Troy, MI, Attorney specializing in Liquor Licensing,
said it is required that last call be at 2:00 a.m. and that the premises be vacated
by 2:30 a.m., however, a business can get an official permit for after hours that
would allow the business to be open until 7:00 a.m to serve food or for
entertainment purposes, such as dancing but alcohol is not permitted.
Laura asked Kamil for a compelling reason why Council should allow them the
extended hours permit. Kamil said they have entertainment, usually a singer, and
people like to dance and mingle; they would serve food and coffee to their
patrons.
Laura offered the denying resolution for the Regular Agenda.
McCann said he understands now why they wanted the extended hours. He said
he knows how people find a gathering place after hours but said he thinks the
standard hours until 2:00 a.m. should be sufficient for the business.
McCann offered the approving resolution with regular hours until 2:00 a.m. for the
Regular Agenda.
Robinson asked through the Chair to the Law Department for guidelines on what
Council can and can't act on with regard to Liquor Licenses related to recent
changes.
Kritzman pointed out that there was matter of some outstanding monies owed to
the City from the petitioner and asked them to take care of that prior to the
Regular Meeting.
DIRECTION: 1) DENYING REGULAR
2) APPROVING TO 2:00 A.M.
5. AWARD OF BID: Department of Parks and Recreation, re: of various items of
clothing for the 2013 departmental needs.
Lyle Trudell, Interim Superintendent, Parks and Recreation, presented the
request to Council and was available to answer any questions from Council.
Robinson offered the approving resolution for the Consent Agenda.
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DIRECTION: APPROVING CONSENT
6. REQUEST TO UPGRADE THE CURRENT ASSESSING SOFTWARE
PROGRAM: Department of Assessment, re: from BS&A Pervasive Software to
BS&A Dot Net Program due to the intricacies of the Assessing and Tax System
programs.
Dawn Borregard, Assistant City Assessor, presented the request to Council. She
stated that due to the recent BS&A Software upgrade to the Tax System and the
intricacies of the Assessing and Tax System programs this is necessary. Funds
are available and she respectfully requests approval from the Council.
McCann recalled a purchase of some tablets from the Inspection Department
that was supposed to help the inspectors access the Assessing Department
information in the field to help streamline their work; however, there was a
problem with the two separate programs interfacing. McCann asked if this
upgrade would resolve that issue. Borregard deferred that question the Director
of Information Systems, Dan Putman. Putman said this upgrade will bring the
Assessing Department up to the same operating level as the Inspection
Department with regard to the BS&A Software. Putman did mention that the
Inspection Department is in the process of rolling out the new tablets, two of the
Inspectors are already using them.
McCann offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
7. REQUEST TO APPROVE A REVISED 457 RETIREMENT PLAN FOR
COMMUNITY CHOICE CREDIT UNION: Department of Finance, re: to reflect
changes in IRS provisions governing 457 Deferred Compensation Plans.
Michael Slater, Director of Finance, presented the request to Council. He said
this is to reflect changes in IRS provisions governing the optional 457 Retirement
Plan offered through Community Choice Credit Union.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
8. REQUEST TO APPROVE THE LIVONIA LIEUTENANTS AND SERGEANTS
ASSOCIATION TENTATIVE AGREEMENT: Civil Service Department, re: for
the period of December 1, 2012 through November 30, 2013.
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Robert Biga, Human Resources Director, presented the request to Council. He
said this is a one-year contract. He noted some of the changes such as the hard
cap on health insurance and wage freeze for the year.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
9. REQUEST TO EXTEND MEDICAL BENEFITS FOR POLICE CAPTAINS,
DEPUTY POLICE CHIEF AND POLICE CHIEF: Civil Service Department, re: to
provide the same medical benefits to them as provided in the 2010-2013 Livonia
Police Officers Association Agreement, effective December 1, 2012 and to be
implemented as soon as administratively possible.
Robert Biga, Human Resources Director, presented the request to Council. He
said this request brings their medical benefits to the same as the LPOA and the
Lieutenants and Sergeants. He said this will be the first time far as long as he
can recall that all City employees will have the same healthcare benefits; there
will only be two (2) healthcare programs in the City of Livonia.
McCann offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
10. AWARD OF CONTRACT: Department of Public Works, re: to supply a propane
fueling station and propane for a period of five (5) years with the option of
purchasing the fueling station at the end of the five (5) year period, from
budgeted funds.
Donald Rohraff, Superintendent, Public Service, presented the request to
Council. He said this will save the City even more money and at the end of the
five year period they will have the option to purchase the fueling station for
$10,000.
Kritzman asked Rohraff if he had a figure of how much this will save the City
versus the current cost. Rohraff said if they had this contract already in place this
past November they would have paid $1.64 per gallon. Kritzman asked Rohraff
how much they would have saved over the course of a year. Rohraff said per
gallon they are paying probably 30 cents more per gallon to have it drop shipped;
this contract they are looking at is for 10,000 gallons. He said as they put more
equipment in use the savings would be even greater.
Brosnan asked Rohraff if the purchase of the fueling station was part of this
contract. Rohraff said the purchase of the fueling station is not, however, the
option to purchase the fueling station is part of this contract. Brosnan asked
Rohraff what the cost would be to purchase the fueling station; he replied
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$10,000. Brosnan asked him how much per gallon they were paying currently.
Rohraff said a little over $2.00 per gallon.
Brosnan offered the approving resolution for the Consent Agenda.
Robinson asked Rohraff if they bid this contract out. Rohraff replied they did not.
He noted that after speaking to several companies, only Amerigas was willing to
supply them with their own fueling station. Robinson asked Rohraff what the
value of having discussions with contractors versus bidding out the contract with
specifications. Rohraff said the time value of putting together the bid. Robinson
asked Rohraff how much money they saved by not going out for bid. Rohraff said
he did not have the exact figure in front of him but that it would include his time,
the secretary's time, the finance department's time to place it on MITN or in the
Observer. Rohraff said he would be happy to get an exact number for him but he
did not have it in front of him. Robinson said he would appreciate that information
before he votes on the request. Robinson asked for this item to be placed on the
Regular Agenda.
DIRECTION: APPROVING REGULAR
11. AWARD OF CONTRACT: Department of Public Works, re: for the 2013-2015
Right-of-Way Street Tree Trimming/Emergency Response Program from
budgeted funds.
Kevin Maillard, Director of Public Works, presented the request to Council. He
said The Public Service Division has taken bids for a three (3) year contract to
trim right-of-way street trees and supply emergency response to hazardous
situations in the rights-of-way of City streets. This ongoing program has been
part of the City's continual endeavor to keep our street right-of-way trees healthy
as well as the rights-of-way aesthetically pleasing. Specifications were prepared
by the Public Service Division, and an advertisement for bids was placed in the
November 11, 2012 edition of the Livonia Observer. Bid invitations were placed
on the Michigan Inter-governmental Trade Network (MITN). The following three
(3) bids were received and opened in the presence of the Bid Committee at 2:00
p.m. on November 20, 2012:
Company Total Amount Bid
Boon Development, LLC d/b/a Sod Solutions $145,700.00
Branch Tree Service $149,930.00
Camelot Tree & Shrub, Co. $159,753.00
Sod Solutions has performed this type of work for the City of Livonia in the past,
without any problems and successfully performed the tree removal contract this
past year (2012). It is the recommendation of the Public Service Division that
Council award a contract in the amount of $145,700.00 to the low bidder, Boon
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Development, LLC d/b/a Sod Solutions, 14382 Sunbury, Livonia, MI 48154, for
completing all work required in connection with the City's 2013-2015 Right of
Way Street Tree Trimming/Emergency Response Program, accept the unit price
bid of the next bidder, Branch Tree Service, 24195 Mound Rd., Warren, MI
48309 in the event the low qualified bidder is unable to satisfy the requirements
of the contract, or a significant situation arises that necessitates additional
resources. authorize an expenditure of$450,000.00 from funds already budgeted
and authorize the Director of Public Works to approve minor changes in the work
as itbecomes necessary.
Kritzman asked Maillard what the expenditure of $450,000.00 was for. Maillard
said that was the average amount they spend on tree trimming on an annual
basis. The $145,700.00 is for scheduled trimming. He said on average the spend
about $250,000.00 for emergency tree trimming.
Kritzman offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
12. AWARD OF CONTRACT: Department of Public Works, re: for a three (3) year
contract to purchase Water Meters and Supplies from budgeted funds.
Donald Rohraff, Superintendent, Public Service, presented the request to
Council. He said the Public Service Division over the years has been working
towards a goal of having a reduction in inventory in its meter department.
Historically the department had been dealing with numerous makes, models and
brands of meters and parts. The practice is very difficult and extremely
expensive, requiring the stocking of multiple brands parts. The reduction of parts
inventory is allowing the department to become more efficient in making repairs,
installations and change-outs. This is all possible by allowing the personnel to
reduce the amount and types of inventory needed on the trucks to make timely
repairs. The Public Service Division has been using Sensus Meters and parts for
over 10 years and has been very pleased with the products and service received.
Etna Supply Co. is the sole supplier of Sensus Meters in Michigan. Etna Supply
Co. has provided the City of Livonia with exceptional service and has been very
responsive to any needs. Etna has not increased meter prices over the last two
years and has offered to keep pricing the same for year one of the proposed
contract. The contract reflects a 3% increase in years two and three. A reason for
the increase in years two and three is due to the fact that on January 4, 2014 the
"Reduction of Lead in Drinking Water Act" will go into effect. The new Act will
require brass products that come into contact with potable water meet new "lead
free" standards under Public Law 111-380. The Public Service Division has
already started working with Etna to move to a lead free meter on all new
installations and change-outs. It is the recommendation of the Public Service
Division that Council authorize purchases from Etna Supply Co., 529 32nd Street
SE, Grand Rapids, MI 49548 for water meters and supplies at the unit pricing
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quoted; the budgeted funds are available in the Water and Sewer Budget in a
total amount of $165,000.00. They further recommend Council approval to waive
the formal bidding process in accordance with Section 3.04.140.0.4 of the Livonia
Code of Ordinances, as amended, since no advantage to the City would result
from competitive bidding in this specific type of meter, and authorize the Director
of Public Works to approve any minor changes in the work as it becomes
necessary.
Brosnan offered the approving resolution for the Consent Agenda.
Robinson asked that this Item be placed on the Regular Agenda. He said without
going out for bids, he would appreciate a monetary value on the amount the City
saved by not going out for bids. Rohraff responded by stating, in this instance,
Etna Supply Co. is the sole supplier of Sensus Meters in Michigan.
DIRECTION: APPROVING REGULAR
13. AWARD OF BIDS: Department of Public Works, re: to supply the Building
Maintenance Section with custodial supplies for the period January 1, 2013
through December 31, 2013.
Kevin Maillard, Director of Public Works, presented the request to Council. He
said the Public Service Division has taken bids for custodial supplies in
accordance with the requirements of the Finance Ordinance, and the 2013-2014
approved budget for the Building Maintenance Section. Specifications were
prepared by the Public Service Division, and an advertisement for bids was
placed in the November 11, 2012 edition of the Livonia Observer. Bid invitations
were placed on the Michigan Inter-governmental Trade Network (MITN). There
were fourteen (14) bids received and opened in the presence of the Bid
Committee at 2:00 p.m. on November 20, 2012. Three suppliers, with low bids
exceeding, or close to exceeding, $15,000, are the low bidders on approximately
62% of all of the products. We will use the remaining, MITN established, low bids
that meet specifications on the other 38% of the products, ordering those
materials from the eight (8) companies that supplied the low bid on those
particular products. The contract bid prices will apply for 2013. It is the
recommendation of the Public Service Division that the following companies
whose total low bid sum, will approach or exceed the $15,000 threshold
established in the Finance Ordinance, and that meet specifications, be accepted
to supply the Public Service Division (Building Maintenance Section) with
custodial supplies specified at the unit prices bid, for the period January 1, 2013
through December 31, 2013.
1. APAC Paper, 4000 Enterprise Dr., Allen Park, MI 48101
2. HP Products Corp, 8652 Haggerty Road, Suite 200, Belleville, MI 48111
3. Empire Equipment, 18639 Omira St. Detroit, MI 48203
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Laura offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
14. REQUEST TO AUTHORIZE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN WAYNE COUNTY AND THE CITY OF LIVONIA-
Engineering Division, re: for the resurfacing of Middlebelt Road from Seven Mile
Road to Base Line Road.
Todd Zilincik, City Engineer, presented the request to Council. The Engineering
Division is in receipt of an Intergovernmental Agreement (IGA) dated November
20, 2012 (revised from October 25, 2012) between Wayne County and the City of
Livonia for the resurfacing of Middle Belt Road from Seven Mile Road to Base
Line Road; bids for this project were taken on November 2, 2012. The low bidder
was Cadillac Asphalt, LLC with their bid of $1,208,964.66. The bid came in
approximately 3.6% lower than the Engineer's Estimate which was
$1,256,946.60. The project involves the hot mix asphalt resurfacing work along
Middle Belt Road from Seven Mile Road to Base Line Road; including cold
milling, pavement rehabilitation, concrete curb repairs, drainage structure
adjustments, ADA sidewalk ramps, traffic signal and pedestrian upgrades and
pavement marking work; and other necessary related work. Construction of this
project is scheduled to begin in April of 2013. The proposed agreement has been
reviewed by the Engineering Division and has been reviewed as to form by the
Department of Law. Based on the above information, they respectfully
recommend that the City Council authorize the Mayor and the City Clerk to
execute this agreement for and on behalf of the City of Livonia, authorize an
expenditure of $39,329.00 from funds budgeted for 2013 in the Major Street
Fund City Participation in MOOT and County Projects Account, authorize the City
Engineer to approve minor adjustments in the work, as required. He asked
Council to please note that Wayne County has also requested a deposit check in
the amount of$19,664.00 as a Working Capital Advance.
Brosnan asked if the City has any involvement with the oversight of this project.
Zilincik said they are invited and attend the meetings. If there are any issues or
concerns from businesses or residents they assist in resolving those issues or
concerns.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
15. REQUEST TO EXTEND CONTRACT WITH R.S. CONTRACTING INC.:
Engineering Division, re: for the 2013 Lane Line Marking Program (Contract 13-
H) at the unit prices from the 2012 Lane Line Marking contract. (CR 154-12).
Todd Zilincik, City Engineer, presented the request to Council. The Engineering
Division has received a letter dated November 19, 2012 from Jim Valente of R.S.
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Contracting Inc. and he indicated their willingness to extend the contract for lane
line marking for an additional year with no increase in the contract prices. This
office is familiar with R.S. Contracting Inc. as they have been the successful low
bidder for the 1997 through 2012 Lane Line Marking contracts. We have found
them to provide superior service and to be extremely responsive in performing
the required work as well as being willing to work with the City when any changes
have arisen. The Lane Line Marking Program was last bid in 2011. R.S.
Contracting, Inc. was the Ione bidder that year. It is the recommendation of the
Engineering Division that the City Council approve a one-year extension with
R.S. Contracting Inc., 9276 Marine City Hwy., Casco, Michigan 48064, for the
2013 Lane Line Marking Program at the unit prices from the 2012 Lane Line
Marking Contract (12-H); waive the formal bidding process under Section
2.04.140.D.4 of the Livonia Code of Ordinances, as amended, since no
advantage to the City would result from competitive bidding; award a contract in
the amount of $95,000.00 to R.S. Contracting Inc., 9276 Marine City Hwy.,
Caseo Twp., MI 48064, the award should be based on the unit bid prices, said
amount to be adjusted based upon the quantities of work actually completed; and
authorize an expenditure in the amount of $95,000.00 for the 2013 Lane Line
Marking Program from budgeted funds in the Contractual Services - Lane Line
Marking Account.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
16. AWARD OF CONTRACT: Engineering Division, re: for engineering services
from Orchard, Hiltz & McCliment, Inc., to provide design and construction
engineering services for the Pilot Footing Drain Disconnection Program (City
District 16) Project (RXIA-05)
Todd Zilincik, City Engineer, presented the request to Council. He said the City
has been seeking opportunities to reduce peak wet weather flows in the Livonia
sanitary sewer system, potentially reducing the future required participation in a
regional improvement project. Focusing in on houses constructed before 1975
and in areas of capacity issues during wet weather flows will assist to determine
the effectiveness of inflow and infiltration (1/1) removal through footing drain
disconnection prior to making decisions on implementing a City wide
rehabilitation program. The City of Livonia applied for Rouge River Nation Wet
Weather Demonstration Project, Round XI, Part "A" Grant Program- Pilot Footing
Drain Disconnection Program Project (RXIA-05) and was selected on July 25,
2012. They received a letter on August 8, 2012 from Wayne County
acknowledging that the City of Livonia was selected to obtain grant funding in the
amount of $72,000 based on a construction project of $180,000 that ends in
March 2014. The project would entail seeking up to 15 homes in sewer district
LV-16, located in Sections 32, 33 and the west portion of 34 (along Plymouth and
Farmington Roads, heading west to Hines Drive). They recently held a meeting
with Wayne County to go over the requirements of the grant pertaining to the
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construction component. In the meantime, the City is responsible for engineering
services. The Engineering Division had requested Orchard, Hiltz & McCliment,
Inc. (OHM) to provide a detailed proposal encompassing four (4) tasks that
include: 1.) Grant Administration, 2.) Design Services, 3.) Construction Services,
and 4.) Post Construction Monitoring. Pursuant to Council Resolution No. 260-
10, adopted July 19, 2010, the City Council approved Orchard, Hiltz and
McCliment, Inc. (OHM) as one of the Qualification Based Selection (QBS) firms
to perform all professional engineering services on various federal, state and
locally funded projects through fiscal year 2013. Under this procedure, the
Engineering Division has obtained a proposal from OHM to provide engineering
services to complete the project in the amount of $45,000. Upon bidding the
construction project, they will seek approval in the future from the Water & Sewer
Board for the Construction Portion of the project when Wayne County provides
an Interagency Agreement (IAA). Please note that the City of Livonia must
remain an Alliance of Rouge Community (ARC) Member during the term of the
agreement, otherwise Wayne County may terminate the agreement before
project completion. It is recommended that City Council award a QBS contract
amendment to Orchard, Hiltz & McCliment, Inc. (OHM), 34000 Plymouth Road,
Livonia, Michigan, 48150 to provide design and construction engineering
services for the Pilot Footing Drain Disconnect Program (City District 16) Project
(RXIA-05), the amount of the design and construction engineering services not to
exceed $45,000.00; authorize an expenditure not to exceed $45,000.00 from the
Construction in Progress Account; and authorize the City Engineer to make
minor adjustments to the work, as needed. He added that Rhett Gronevelt from
OHM was here tonight to answer any questions from Council.
McCann asked Zilincik if there were any other options to address the issues, like
perhaps increasing the size of the drains rather than going inside residents'
homes and change the type of drainage system those homes are on. Zilincik said
they are trying to do what they can to address these issues and alleviate and
monitor what they have into the system itself for the sanitary sewer.
Rhett Gronevelt, Orchard, Hiltz, and McCliment, 34000 Plymouth Road, said last
year they did a comprehensive report for the City and in that report this project
was listed. He said this is a Pilot Program to see if it is worthwhile. McCann
expressed his concerns with them putting in a sump pump in a home with an
existing finished basement. The drain where they would tie in might be in the
center of the basement which may be the center of the resident's family room.
This may present an issue for the homeowner. Gronevelt said they would try to
avoid situations like that and select homes where that would not be an issue.
Brosnan asked Zilincik if this project helped them meet their obligation to their
approved Storm Water Management Plan by the State of Michigan. He said it
does help and there is an obligation there. She asked Zilincik if there were no
other ways to get a clear view of how to manage the water by using different
scientific methodologies other than to physically go in and make the change and
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then measure it. Zilincik said in some other communities they have gone in
residents' homes and installed a sump pump and the resident would get a credit
on their bill if they kept the sump pump themselves and were responsible for its
upkeep and maintenance. Brosnan expressed her concern regarding the cost of
the project and concerned of the overall cost if the intent is to install sump pumps
and tie them into the existing drainage of all homes in Livonia built before 1975.
She said she doesn't think that they can reassure those homeowners that grant
funds will be available or that the City will have the funds. Given the fact that this
is a pilot project it appears that is what they are trying to establish, a way for the
City to come in and solve the drainage problems of all homes in Livonia built
before 1975. Zilincik said as Council is aware, there are some locations where
there are some combined sewers located in the rear of some homes; however,
there may be a need for some parallel storm sewers to be installed in specific
locations to address the sump pumps.
Vice-President Pastor said it sounds like they are trying to help prevent sewer
back-ups and by doing that, this is what the pilot program is, if they go in and do
these 15 homes, then there is a possibility of going forward and doing more
homes. Also, it has to reduce the resident's sewer charges and the City's sewer
charges; this project is to see if these efforts will make a difference. If there is a
significant amount of water coming out of these footing drains, there could be a
possibility that if the resident wanted to sell the home they would have to bring it
up to code.
Brosnan said she gets the benefit to the community, she said she just doesn't
understand how they could ever begin to think that this is a pilot project for
payment.
Vice-President Pastor said he doesn't think it is a pilot project for payment; rather
it is getting the footing drains out of the tying into the sewer; that's more the pilot
project. He said it is not to pay for every one of these, it's to see how much water
they can take out of the system and if that water quantity is enough to help
prevent a back-up on this system. Zilincik confirmed that was correct and said
after the heavy rainfall last spring and the numerous residents with sewer back-
ups in their basements, he feels they should make an effort to try to relieve
excessive demand on the system, especially during heavy rainfall events.
Brosnan said she feels the money could be used on broader scale to assist more
than just 15 homeowners in the City.
McCann said as he is hearing more, he thinks when the City gets involved with
these State and Federal mandated programs where they are going to look at
what the City is doing; as Zilincik had stated previously, they may face a
$10,000,000 order at some point that they will have to comply with if they don't
find a way of controlling our sewer systems and finding a way to alleviate some
of the overflow. He said two of the things that make sense hear are to implement
14
the project in an area where they know a problem exists and secondly, to
implement testing to see how much of an impact they actually have in reducing
the amount of the water going into the system. McCann said he believes this
project will provide valuable information.
McCann offered the approving resolution for the Regular Agenda.
Brosnan said she appreciates all the discussion tonight, she asked Zilincik what
the timeline was for this project. Zilincik said it is a two-year project.
Brosnan offered the resolution referring this matter to the Water and Sewer
Committee for its report and recommendation for the Regular Agenda.
Brosnan asked that the subject matter also go into Committee so they can keep
track of the progress.
Zilincik said the matter did go before the Water and Sewer Board on December
3, 2012 and they did recommend Council approval for this request. He said he
would be providing a letter to that effect to Council prior to the Regular meeting.
Robinson thanked Gronevelt for his detailed report. Robinson asked if entering
into homes for this project presents a liability issue for the City.
Don Knapp, City Attorney, said there is potentially an issue and said that it would
be addressed when they enter into an Agreement for the work.
Kevin Maillard, Director of Public Service, said if there were to be another heavy
rainfall event today like the one last spring, the same homes would be affected.
He said this is a very important pilot project to see if it is a viable project for them
to pursue.
DIRECTION: 1) APPROVING REGULAR
2) REFER TO THE WATER &
SEWER COMMITTEE
2) REFER SUBJECT TO THE
WATER & SEWER COMMITTEE
17. REQUEST TO AUTHORIZE ADDITIONAL APPROPRIATIONS AND
EXPENDITURES: Engineering Division, re: for the Livonia Police Station
Entrance Improvements (Contract 12-E) to be used to cover the costs of
removing an existing abandoned concrete gas vault, extending the footing drain
and basement wall waterproofing, additional excavated material and
embankment, additional concrete for the ADA ramp, electrical lighting and
infrastructure, and miscellaneous items as a result of the clean-up due to a 6-
inch sanitary sewer repair. (CR 386-12)
15
Todd Zilincik, City Engineer, presented the request to Council. The Council
approved funding for the Livonia Police Station Front Entrance Improvements
(Contract 12-E) on September 12, 2012, in the amount of $250,000.00 of which
$200,200 was awarded to Imperial Landscaping, Inc. and $49,800.00 was
awarded to Spalding DeDecker Associates, Inc. for professional engineering
services. There were additional items requested by the Livonia Police
Department in an effort to improve the facilities during the construction of the
project to the Livonia Front Entrance Police Department that now requires
additional funding. The items include removal of an existing abandoned concrete
gas vault, extending footing drain and basement wall waterproofing, additional
excavated material and embankment, additional concrete for ADA ramp with
thickened edge, electrical lighting and infrastructure, and miscellaneous items as
a result of clean-up due to a 6-inch sanitary sewer repair. They are requesting
additional funding in the amount of $47,636.92 to complete this project. In order
to proceed with completion and close out of the project, they are recommending
that Council authorize an additional expenditure in the amount of $47,637.52 to
Imperial Landscaping, Inc, 10001 Blackburn, Livonia, Michigan 48150 from
budgeted funds. He said the project should be completed by the end of next
week.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
18. WAIVER PETITION: Planning Commission, re: Petition 2012-10-02-26
submitted by MN Express Inc., to construct and operate a truck terminal located
on the east side of Merriman Road between Industrial Road and Schoolcraft
Road (13520 Merriman Road) in the Northwest '/4 of Section 26.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. He said this is property situated on the east side of Merriman
Road between Industrial Road and Schoolcraft Road in the Northwest 1/4 of
Section 26. This is the site of the Okerstrom Construction Company. The new
buyer is seeking to change the primary use to that of a truck terminal, which is
treated as a waiver use under Section 16.11(b) of the M-1 District Regulations.
This property is 6.9 acres in area. Its depth is about a third of mile, so it's almost
1,800 feet in depth. The width of the property varies. Closer to Merriman Road,
where it's narrower, the site is about 100 feet in width. The easterly three-
quarters of the property widens out to about 200 feet. Buildings on the property
include Okerstrom's main office which is near Merriman Road, as well as some
other shops and storage buildings that are located directly behind the office. As
you move further east on the property, there is a fenced in area that is about 200
feet by 600 feet that is used for the storage of recreational vehicles. The current
owner, Mr. Okerstrom, received approval for this RV storage yard in 2001. In
2002, under a separate petition, Mr. Okerstrom received approval to use a
portion of the property for the outdoor storage of trucks in connection with a truck
rental business. The site was permitted three rental trailers and three rental
16
trucks within the area that is between the construction company and the storage
yard. The surrounding land uses and zoning are all M-1, industrial uses. The
truck terminal as proposed is shown in the westerly two-thirds of the site where
Okerstrom Construction is located, as well as a portion of the existing RV storage
yard. The office building is located adjacent to Merriman Road. All of the area to
the east would be used for the parking of trucks or other vehicles. The truck
terminal would occupy the main part of the site. The easterly portion of the site is
just under 500 feet; it is currently undeveloped and is covered with natural
vegetation. In a related petition, the petitioner is seeking to clear this area and
use this for the RV storage yard. What they would do is take the RV storage yard
and shift it to the eastern end of the site and use the middle portion of the
property mostly in connection with the truck terminal business. The main office
building would be maintained on the property, but all of the storage and
outbuildings that are located behind the main office would be demolished and a
new maintenance garage would be built, set about 450 feet from Merriman Road.
This is a two story building. It would have a gross floor area of just over 9,000
square feet. Its primary use would be truck repair operations in connection with
the terminal but it would not be open to the general public. Access to the building
would be provided by means of six overhead doors which would be located on
the north and east side of the building. There is a mezzanine area that would be
used for storage. The other uses occurring on the first floor are a kitchen break
room and a small office. The truck terminal area has the capacity to
accommodate roughly 98 trucks and trailers, including 59 spaces that measure
12 feet by 80 feet. Those would be used for tractor trailer parking. About 39
spaces are shown measuring 12 feet by 35 feet to be used for tractor parking
only. The surface where these vehicles would be parked would be gravel. There
is an area up front that is currently paved in concrete and that is where the
employee and customer parking would occur. Landscaping is very limited on the
site. The new RV storage yard really eliminates all the green space on the site.
There are some minor plantings up front near the office building. There is a small
storm water detention area shown on the south side of the property adjacent to
the RV storage yard, but we're not sure how that's going to be maintained at this
time. Pole mounted lighting would be provided in the yard. It is shown along the
perimeter of the site.
Brosnan asked, through the Chair to Taormina, if they were going to continue to
store a large amount of salvage material. Taormina said it is his understanding
that the current owner will not be involved with the new business and all that
material will go with the current owner. She said that has been a problem in the
past and that is a concern of hers; that they would have vehicle parts lying
around. Taormina said that one of the stipulations in the Planning Commission
recommendations prohibits outdoor storage of vehicle parts, equipment, scrap
material, waste petroleum products, junked, unlicensed or inoperable vehicles or
trailers, or other similar items.
17
Tom Crabill, 40816 Delta Drive, Northville, Michigan 48167, was present to
answer any questions from the Council.
McCann asked about the business going in here. He asked what kind of trucks
there would be. Crabill said it will be all tractor trailer trucks. He said the
petitioner currently has roughly twenty-five (25) vehicles. These vehicles go out
for one to two weeks at a time. He said his understanding of the daily traffic could
be three to four vehicles. He said the trucks will be coming in empty. however, it's
possible there could be something in the vehicle but it is not a transfer station.
The trucks come in and then they go out again. McCann said it looks like there is
room for 40 to 50 trucks back there, plus there'll be RV's stored on the property.
McCann said the intent is not to have any loading or unloading of the trucks.
Crabill said it is his understanding there won't be any loading or unloading; they
trucks they go out and pick up product and deliver it to their destination and then
they come back. He said the building that is being built is for the maintenance of
the petitioner's own vehicles.
Kritzman said he has some concerns about this one. Properties with gravel
parking lots and driveways tend to kick up a significant amount of dust. He said
his concern is with expanding the gravel parking lot. He said that means the
current vegetation there will be removed and filled in with gravel. Crabill said that
is correct, however, he added that one of the stipulations in the Planning
Commission's recommendation says the site shall remain in a dust free manner.
Crabill said there are products they can use for that.
McCann asked Crabill how far back the paving would go on the site, would it go
past the building. Crabill said it would go past the building; roughly about 500 feet
back from Merriman Road.
McCann offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
19. WAIVER PETITION: Planning Commission, re: Petition 2012-10-02-27
submitted by MN Express Inc., to expand the existing RV storage yard located on
the east side of Merriman Road between Industrial Road and Schoolcraft Road
(13520 Merriman Road) in the Northwest '/4 of Section 26.
Tom Crabill, 40816 Delta Drive, Northville, Michigan 48167, was present to
answer any questions from the Council.
Robinson offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
18
20. WAIVER PETITION: Planning Commission, re: Petition 2012-10-02-28
submitted by Dave & Buster's, Inc., to construct and operate a full service
restaurant (Dave & Buster's) with mechanical amusement devices located on the
west side of Victor Parkway between Seven Mile Road and Pembroke Avenue
(19375 Victor Parkway) in the Southeast '/4 of Section 6.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. The site is located on the west side of Victor Parkway,
between Doc's Sports Retreat to the south and the newly constructed Infineon
Technologies building to the north. The site is currently vacant. Primary access to
the site is shown by means of an entrance drive located roughly at the midpoint
along the site's frontage on Victor Parkway. The new driveway is situated
between the main drives leading to Infineon to the north and Big Daddy's
restaurant to the south. Secondary access would be available via connections
between the parking lots of the adjoining restaurants: Big Daddy's to the east and
Doc's Sports Retreat to the south. The proposed parking and circulation plan
links all three (3) sites together, which should serve to benefit each of the
businesses as well as public safety. Parking is shown on three (3) sides of the
building, including the east, west and south sides. Vehicular circulation would be
provided completely around the building. The site plan shows a total of 408 off-
street parking spaces. Seventy-two (72) of the parking spaces are 9 feet in width;
those are to be reserved for staff only. A total of 593 parking spaces are required
to satisfy the Ordinance, but because the plan only shows 408 total spaces, a
deficiency of 185 spaces would result, requiring approval by the Zoning Board of
Appeals. An important consideration in the review of the parking is the fact that,
while the Ordinance requires parking based on the sum total of the three (3)
uses, from a practical standpoint, it is anticipated that an overwhelming majority
of the patrons enjoying the Midway will be seated somewhere in the facility. It is
our understanding that the parking provided is consistent with other similar-sized
D&B's operations. A floor plan has been provided. About 20% of the site is
landscaped. The landscape plan submitted in connection with this item provides
for landscaping around the perimeter of the site as well as within several of the
parking lot islands. The landscape plan is fully detailed and indicates the type,
quantities and size of plant materials. The original design used various materials
working with the petitioner they have come back and redesigned much of the
building to include all masonry construction. The building overall shows all
masonry finishes. The height of the building overall is 38 feet 10 inches. Lighting
complies with the Ordinance. The wall signage would require waiver from the
Zoning Board of Appeals. He said with regard to the liquor license, there are two
other establishments within 500 feet that carry a Class C Liquor License, which
would require a waiver from the Council with a majority two-thirds vote.
John Carlin, 28555 Coolidge, Troy, Michigan, present on behalf of Dave &
Busters to answer any questions Council may have. He said his clients are very
satisfied with this plan and comfortable with the parking. He said it actually has
19
more parking than their Utica restaurant which is a larger restaurant and they
don't have any problems there in Utica.
Laura said he is very concerned about the parking. He said parking at Doc's
Sports Retreat is a nightmare now.
Loretta Reeves, L.D. Reeves and Associates, Inc., 1889 Manzana Avenue,
Punta Gorda, Florida 33950. She works with Dave & Buster's on a national level.
Laura asked her how big the facility is in Utica. She apologized for not having an
answer for him but said she could get that information to Mark Taormina in the
morning. Laura asked her how many parking spaces they had in Utica. Reeves
apologized again for not having an answer to that question but said she would
get that information to Mark Taormina in the morning. Laura said he has only
been to the Utica location a few times and had issues parking each time. He said
he would appreciate very much if she would provide that information to the
Council.
Kritzman said he had just the opposite experience the two times he went to the
Utica location. He said he really didn't have any difficulty with parking and said in
fact it was half empty. He said to be fair, one time he went it was during the day
and the other was at night. He said was comfortable with the parking but would
also be interested to see how it compares to the Utica location.
Brosnan said she'd like to take a step back for a moment, she said some people
in the audience may being this discussion for the first time about Dave & Busters.
She said it is exciting and while other communities are seeking new and exciting
businesses in their towns, Livonia is on the precipice of doing that. She asked for
a description of their business will offer to Livonia.
Reeves said it is a family oriented dining experience with good food and
entertainment. Brosnan asked her to elaborate on the entertainment aspect.
Reeves said it allows for an opportunity for the patron to play alone or to play
with others. She said there adventure type games that allow people to compete
by bicycling, skiing, or sledding as a group. She said prizes are awarded by
redeeming point values from winning. The prizes consist of stuffed animals, cups,
and trinkets. Everyone likes to get a prize. Brosnan thanked them for their
interest in Livonia and thinks it will serve the community well.
Robinson said he agrees with Brosnan, this is very exciting and thinks it will be a
welcomed addition to Livonia.
Robinson offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
20
21. WAIVER PETITION: Planning Commission, re: Petition 2012-10-02-29
submitted by Dave & Buster's, Inc., to utilize a Class C Liquor license (sale of
beer, wine and spirits for consumption on the premises) in connection with a full
service restaurant (Dave & Buster's) located on the west side of Victor Parkway
between Seven Mile Road and Pembroke Avenue (19375 Victor Parkway) in the
Southeast '/4 of Section 6.
Mark Taormina, Director of Planning and Economic Development, said he
already indicated they need to waive the separation requirement. He said he
believes it is an inter-county transfer license.
John Carlin, Attorney representing Dave and Busters, said that is correct. They
are purchasing a license and transferring it to this location. It's an add-on to what
is already there, with the gaming aspect it is required by the Commission.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
22. SITE PLAN PETITION: Planning Commission, re: Petition 2012-10-08-06
submitted by Yaroch Senior Services Company, d/b/a/ Home Instead Senior
Care, in connection with a proposal to construct an addition to the existing
building located on the west side of Middlebelt Road between Puritan Avenue
and Six Mile Road (16013 Middlebelt Road) in the Northeast '/4 of Section 14.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. The petitioner is requesting approval to construct an addition
onto an existing one-story office building located on the west side of Middlebelt
Road between Puritan Avenue and Six Mile Road. This building is currently
occupied by Home Instead Senior Care. Home Instead Senior Care specializes
in non-medical in-home care for the elderly. The subject site is zoned OS (Office
Services. The existing office building on the site is 1,500 square feet in size. The
proposed addition, which measures 3,400 square feet, would be two-stories in
height and would be constructed off the northwest corner of the building. Upon
completion, the overall size of the building would total 4,900 square feet. The
required front yard setback for a building in an OS zoning district is forty feet
(40'). The existing building is only thirty feet (30') back from right-of-way of
Middlebelt Road and is therefore nonconforming. The proposed addition would
set six feet (6') farther back than the existing building but would still be deficient
in front yard setback at a thirty six feet (36'). To add to a nonconforming building
requires a variance from the Zoning Board of Appeals. This is a site where the
Planning Commission tabled the item and worked with the petitioner to make
certain improvements; originally they had the parking going all the way to Puritan
Avenue, they weren't addressing stormwater management which they knew was
going to be an issue, and there were problems with the facade of the building
where it wasn't up to code. They have revised the plans and what Council has is
21
the latest plan that they have submitted addressing those concerns. They worked
with Engineering and have addressed the stormwater management, they
provided more greenspace and moved the parking lot further east and preserved
the existing trees adjacent to the neighboring residential homes and have added
additional pine trees to make that a greenbelt. The new plan reduces the number
of parking spaces by four (4) spaces which requires them to seek a variance
from the Zoning Board of Appeals. The owner is confident that the sixteen (16)
parking spaces provided are adequate to meet their needs. They added more
stone material to the exterior and dormers to the back of the building and gave it
an overall more residential look to the building. They have also added a porch. A
color rendering has been provided. The Planning Commission is recommending
approval as revised.
Jon Holowicki, 19931 Farmington Road, was present on behalf of the petitioner
Glenna Yaroch. He presented a colored rendering for Council to view. He said
Glenna is the owner of Home Instead Senior Care. She has been a resident of
Livonia for 18 years and her business has grown and she really needs the
addition for her expanding business. She is very involved in the community and
wants to stay in Livonia.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
23. SITE PLAN PETITION: Planning Commission, re: Petition 2012-10-08-07
submitted by Dorchen/Martin Associates, Inc., on behalf of McDonald's
Corporation, in connection with a proposal to remodel the exterior of the existing
restaurant located on the west side of Middlebelt between Five Mile Road and
Puritan Avenue (15399 Middlebelt Road) in the Southeast '/4 of Section 14.
Mark Taormina, Director of Planning and Economic Development presented the
request to Council. This is a request to remodel the exterior of an existing
McDonald's restaurant located on the west side of Middlebelt Road between Five
Mile Road and Puritan Avenue. The proposed new exterior redesign of this
McDonald's would be contemporary. The building would be refurbished in a
combination of brick, stone and aluminum. The mansard roof and accent beams
would be removed. Brick parapet walls would extend from the existing walls
giving the building an elevated flat roofline. Stone elements would accent and
define the main entrance and provide the building with some architectural relief.
Stylish aluminum trellises would be installed over the windows and entrances. In
order to ease ordering lines inside and outside and speed up service, part of the
remodel of this McDonald's is the addition of a split drive-thru lane containing a
second menu board and order station. In order to accommodate two drive-thru
lanes at this location, four (4) existing parking spaces would have to be removed.
A note on the plan indicates that the proposed remodel would eliminate four (4)
interior seats, bring the seating count down to 70. Therefore, this McDonald's
22
would require 49 parking spaces (70 _ 2 + 12 employees + 2 hold spaces). The
submitted site plan shows that the site would conform and provide 49 customer
parking spaces. The submitted landscape plan shows that the area of the split
drive-thru lane would be enhanced with landscaping. The Planning Commission
is recommending approval as submitted.
Frank Martin, Dorchen/Martin Associates, Inc., 29895 Greenfield Road, Suite
107, Southfield, Michigan 48076, architect for this project. He said Mark
Taormina explained everything. He noted that they are not changing anything to
do with the escape lane for the drive-thru. He said the side-by-side drive-thru
improves traffic flow for the restaurant. Their drive-thru is about 70% - 75% of
their business, so whatever they can do to improve that aspect of their business
would be good for the customers, site, and business.
McCann asked Martin about the ladder at the rear of the building. Martin said it is
needed to provide access to the roof for maintenance.
Kritzman asked Martin if he considered adding an additional feature to the design
to kind of take away some of the attention to the ladder. He said as Mr. Taormina
pointed out what is normally in the front of the building is at the rear of the
building for this particular site; making the ladder is very visible. He asked if there
was any flexibility. Martin said he could look at it. He said drainage is also a
concern to him at this particular site.
McCann said he didn't think that ladder was on the building now. Martin said a
ladder is currently there but a new ladder with the handrails will be installed as
required by code. McCann said he didn't recall seeing anything like that on any of
the other McDonald's restaurant renovations. He said he would like to see a little
facade added to break away from the attention of the ladder
Laura asked Martin to provide Council with some additional information that may
help them with their decision. He asked Martin to take a look at that and see what
he can do to help by adding an additional feature to the design to kind of take
away some of the attention to the ladder. Martin asked who he should provide
the information to at this point. Laura said to come straight to the Council but he
could get together with Mark Taormina; he'll know what Council will be looking for
in the revision.
Laura offered the approving resolution for the Regular Agenda.
DIRECTION: APPROVING REGULAR
24. PROPOSED 2013 CITY COUNCIL MEETING SCHEDULE: City Council
President Laura Toy, re: in accordance with the provisions of the Open Meetings
Act, 1976 P.A. 267, as amended.
23
Laura said it was currently 10:45 p.m. and he knew it was the last Study Meeting
of the year and they weren't even close to being done because there were still
two X-items to be discussed. He said if they had a Regular Meeting prior to their
Study Meeting they may be there until 11:30 p.m. or 12:00 a.m., which he said
was how it was in the old days when he first started on Council. He said he was a
little concerned about the proposed meeting schedule.
Laura offered an alternate resolution to schedule Regular and Study Meetings on
scheduled Monday evenings for the Regular Agenda.
Laura offered the approving resolution for the schedule as presented for the
Regular Agenda.
McCann said tonight is an example of how these Study Meetings can be very
lengthy and demand our full attention and giving people the opportunity to
address Council with any concerns. He noted that they have been seeing more
and more on the Agendas and things seem to be picking up in Livonia. He said
they are all elected to do a job and they have received input from the City offices
saying that they need at least six (6) days between the Study and the Regular
Meetings. This gives them ample time to get questions answered and prepare for
the meetings. He said he doesn't think it would be a good idea to combine
meetings; he thinks that it is better to have some time in between Study Meetings
and Regular Meetings to be fully prepare for the meetings.
McCann offered an alternate resolution for the traditional schedule for Monday
and Wednesday Meeting Schedule for the Regular Agenda.
Vice-President Pastor said he thinks having both meetings on Monday evenings
would actually give staff additional time that may be needed. He said they would
first have a Study Meeting, and then the next time they would meet they would
first have the Regular Meeting followed by the next Study Meeting. He also
mentioned they would still have the same number of meetings.
DIRECTION: 1) APPROVING —AS SUBMITTED REGULAR
2) APPROVING — REGULAR AND
STUDY MEETINGS ON MONDAY
SCHEDULE
3) APPROVING — TRADITIONAL MONDAY
AND WEDNESDAY SCHEDULE
X1. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Enrico E. Soave, Esq.,
Kucyk, Soave & Fernandes, PLLC, re: for the property at 15451 Woodring
Street.
Todd Zilincik, City Engineer, said they agree to waive the sidewalk requirement.
24
Enrico Soave, petitioner, was present to answer any questions from Council.
Laura offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
X2. REQUEST TO REVOKE REAL PROPERTY COMPONENT OF TAX
ABATEMENT CERTIFICATE 2007-120 ISSUED TO MAJESKE MACHINE INC.:
Department of Assessment, re: as the building located at 34410 Rosati Avenue
was vacated in 2012. (IDD No. 100)
Dawn Borregard, Assistant City Assessor, presented the request to Council. She
noted through Council Resolution Number 90-07 had approved a seven year tax
abatement. She said a prospective buyer of the property had reported to her that
the property was vacant; she did go out and verify that the property is indeed
vacant which is in violation of their application. She said a Council Resolution is
required to revoke their Tax Abatement Certificate.
McCann asked if the Tax Abatement impedes the property owner in any way
from selling the property.
Don Knapp, City Attorney, said he would have to take a look at the payback
agreement they entered into, but believes they would have to payback those
years. He would have to check and advise Council at that point.
McCann asked Knapp if they were to rescind the abatement would they lose their
ability to collect on the payback agreement. Knapp replied no and added that
they would just be making sure that it is not there moving forward.
McCann offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
AUDIENCE COMMUNICATION: None.
As there were no further questions or comments, Vice-President Pastor adjourned the
Study Session at 11:05 p.m. on Monday, December 10, 2012.
DATED: December 18, 2012 TERRY A. MARECKI
CITY CLERK