HomeMy WebLinkAboutCOUNCIL MINUTES 2014-07-2139118
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FIFTY-SEVENTH
REGULAR MEETING OF JULY 21, 2014
On July 21, 2014, the above meeting was held at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and was called to order by President Brosnan at 7:00
p.m. Councilmember Nash led the meeting in the Pledge of Allegiance.
Roll was called with the following result: Susan Nash, Brandon Kritzman,
John Pastor, Brian Meakin, Laura Toy, Lynda Scheel and Maureen Miller Brosnan.
Absent: None.
Elected and appointed officials present: Mark Taormina, City Planner, Todd
Zilincik, City Engineer; Judy Priebe, Director of Legislative Affairs; Terry Marecki, City
Clerk; and Don Knapp, City Attorney.
was:
On a motion by Pastor, seconded by Nash, and unanimously adopted, it
#210-14 RESOLVED, that the Minutes of the 1,756th Regular Meeting
of the Council held July 7, 2014, are hereby approved as submitted.
There were no Council Announcements made.
President Brosnan indicated that Item X-2 has been withdrawn at the
Petitioner's request.
#18.
meeting.
President Brosnan announced there is new data on Items #13, and #17 and
There was no Audience Communication heard at the beginning of the
A communication from the Housing Director, dated June 27, 2014,
approved for submission by the Mayor, in re: the Audit Report for the Livonia Housing
Commission for the fiscal year ending December 31, 2013 was received and placed on
file for the information of the Council.
A communication from the Human Resources Director, dated June 13,
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2014, in re: the submission of the 61 st Annual Actuarial Valuation Report of Defined
Benefit (DB) Plan as of November 30, 2013, was received and placed on file for the
information of the Council.
A communication from the Human Resources Director, dated June 13,
2014, re: submitting the 16th Annual Actuarial Valuation Report of the Livonia Retiree
Health and Disability Benefits Plan and Trust Voluntary Employee's Beneficiary
Association (VEBA) as of November 30, 2013, was received and placed on file for the
information of the Council.
A communication was received from the Department of Engineering,
dated July 11, 2014, re: additional information on the proposed change order to the
2014 Concrete Road Reconstruction, Contract 14-C, was received and placed on file
for the information of the Council.
was:
On a motion by Toy, supported by Scheel, and unanimously adopted, it
#211-14 RESOLVED, that having considered an application from Ray
Franges, 14430 Brentwood, dated May 29, 2014, requesting permission to
close Brentwood Street, between Meadowlark and Jacquelyn, on Saturday,
August 16, 2014 from 12:00 p.m. to 10:00 p.m. for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, August 17, 2014, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
#212-14 RESOLVED, that having considered an application from Doug
Kieselbach, 31243 Minton, dated June 18, 2014, requesting permission to
close Minton Street, between Merriman and Sunset, on Saturday, August
9, 2014 from 2:00 p.m. to 10:00 p.m. for the purpose of conducting a block
party, the Council does hereby grant permission as requested, the action
taken herein being made subject to the approval of the Police Department.
#213-14 RESOLVED, that having considered an application from
Jeanine Miller, 9311 Woodring, dated June 26, 2014, requesting permission
to close Woodring Street, between Vermont and Oregon, on Saturday,
August 9, 2014 from 2:00 p.m. to 10:00 p.m. for the purpose of conducting
a block party, The Council does hereby grant permission as requested, the
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action taken herein being made subject to the approval of the Police
Department.
#214-14 RESOLVED, that having considered an application from
Amber Alexander, 18562 Norwich, dated June 27, 2014, requesting
permission to close Norwich Street, 18509 through 18597 and 18512
through 18562, on Saturday, August 2, 2014 from 1:00 p.m. to 10:00 p.m.
for the purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made subject to the
approval of the Police Department.
#215-14 RESOLVED, that having considered a communication from
the Human Resources Director, dated June 16, 2014, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, transmitting Civil Service Resolution No. 14-53, adopted by the Civil
Service Commission at its regular meeting of April 16, 2014, recommending
a modification to the City of Livonia Compensation Plan to include the ability
to compensate employees, including members of Local 192, Local 1917
and unrepresented employees assigned to standby on-call duty, the
Council does hereby concur in the recommendation of the Civil Service
Commission and does hereby approve a modification to the Livonia
Compensation Plan as follows:
4.1(12) On -Call Duty: Employees assigned to perform on-call duties in the
Department of Public Works shall receive $450.00 per week for performing
these duties on a twenty-four (24) hour/seven (7) day work period.
#216-14 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated June 30, 2014, which
bears the signature of the Director of Finance, and is approved for
submission by the Mayor, the Council does hereby accept the bid of Interior
Image Inc., 39300 W. 12 Mile Road, Farmington Hills, Michigan 48331, for
performing all work required in removing and re -carpeting specific
Inspection and Engineering areas in the City Hall Annex in an amount not
to exceed $25,326.83, the same having been in fact the lowest bid received
and meets all specifications; Further, the Council does hereby authorize and
expenditure in an amount not to exceed $25,326.83 from funds budged in
Account No. 401-000-985-000 for this purpose, and the Director of
Inspection is authorized to make minor adjustments in the work as required.
#217-14 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Works — Operations and
the Director of Public Works, dated June 12, 2014, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby authorize the purchase of 100% of the
City's requirement of rock salt used for ice control from the Detroit Salt
Company, 12841 Sanders Street, Detroit, Michigan 48217, at the unit price
of $46.51 per ton for early fills and $47.01 per ton for late fills available
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through consortium bid pricing, for an estimated total amount of
$117,025.00, for the period of august 1, 2014 (tentative) through April 30,
2015, with a second year at the City's option per attachment b to the
referenced report and recommendation; further, the Council does hereby
authorize such expenditure from funds already budgeted in Account No.
101-463-784-000 for this purpose, Further, the Council does hereby
authorize the aforesaid action without competitive bidding since same is
based on the low consortium bid pricing and in accordance with Section
3.04.140D4 of the Livonia Code of Ordinances, as amended.
#218-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 26, 2014, approved by
the Director of Public Works, which bears the signature of the Director of
Finance and the City Attorney and is approved for submission by the Mayor,
to which is attached a proposed agreement between the City of Livonia and
the Michigan Department of Transportation (MDOT) for the Industrial Road
Reconstruction from approximately 2,100 Lineal Feet West of Middlebelt
Road to Middlebelt Road, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute the agreement
with minor revisions to the agreement language prior to execution; Further,
the total project costs will be paid for by a grant from the Road and Risk
Reserve (RRR) at a participation ratio of 100 percent up to an amount not
to exceed $900,000.00, for this purpose; and the City Engineer is authorized
to approve minor adjustments in the work, as required.
#219-14 RESOLVED, that having considered a communication from
the City Engineer, dated June 30, 2014, which bears the signature of the
Director of Finance, is approved by the Director of Public Works, and
approved for submission by the Mayor, the Council does hereby approve a
one year contract extension, at the same price per unit, with R.S.
Contracting, Inc., 9276 Marine City Hwy., Casco, Michigan 48064, for the
2014 Lane Line Marking Program (Contract 14-H) for the estimated total
cost of $62,500.00, based upon the Engineering Division's estimate of units
involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, Further, the
Council does hereby authorize an expenditure in an amount not to exceed
$62,500.00 from funds budgeted in Account No. 202-463-818-118
(Contractual Services — Lane Line Marking) for this purpose, Further, the
Council does hereby authorize the action herein without competitive bidding
in accordance with Section 3.04.140D3 of the Livonia Code of Ordinances,
as amended; and the Mayor and City Clerk are hereby authorized to
execute a contract, for and on behalf of the City of Livonia, with the aforesaid
company and to do all things necessary or incidental to the full performance
of this resolution.
#220-14 RESOLVED, that having considered a communication from
the City Engineer, dated June 30, 2014, which bears the signature of the
Director of Finance, is approved by the Director of Public Works, and
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approved for submission by the Mayor, regarding a Change Order for
additional work required in connection with the 2014 Concrete Road Repair
Program (Contract 14-C) previously authorized in Council Resolution 90-
14, adopted on April 7, 2014, to provide emergency repairs to storm inlet
structures, the Council does hereby authorize an expenditure of the
additional sum not to exceed $32,500.00 from funds available in Account
No. 202-463-818-119, to be paid to Hard Rock Concrete, Inc., 38146
Abruzzi Drive, Westland, Michigan 48185, for this additional work.
#221-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 16, 2014, which transmits its
resolution 06-36-2014, adopted on June 10, 2014, with regard to Petition
2014-05-08-09, submitted by Faith Bible Church, requesting site plan
approval to construct an addition to the church, located on the south side of
Five Mile Road between Farmington Road and Fairlane Avenue (34541
Five Mile Road) in the Northwest 114 of Section 21, the Council does hereby
concur in the recommendation made by the City Planning Commission and
Petition 2014-05-08-09 is hereby approved and granted, subject to the
following conditions:
1. That the Site Plan marked Al dated May 22, 2014, prepared by
Jarratt Architecture is hereby approved and shall be adhered to;
2. That the Building Elevation Plan marked A2 dated May 22, 2014,
prepared by Jarratt Architecture is hereby approved and shall be adhered
to;
3. That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible character,
material and color to other exterior materials on the building; and
4. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time of application for
building permits.
A roll call was taken on the foregoing resolutions with the following result:
AYES: Nash, Kritzman, Pastor, Meakin, Toy, Scheel, Brosnan
NAYS: None.
At 7:04 Councilman Kritzman stepped down.
Upon Motion by Pastor, supported by Toy, it was:
#222-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 26, 2014, which bears
the signature of the Director of Finance and the City Attorney, is approved
by the Director of Public Works and approved for submission by the Mayor,
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to which is attached a proposed Exhibit A - Project Specific Scope of
Services, Project Schedule, Payments to Consultant, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the attached exhibit to the contract dated August 10,
2010, and extended for three (3) years pursuant to Council Resolution No.
367-13, adopted on November 6, 2013, between the City of Livonia and
Anderson, Eckstein and Westrick, Inc. 51301 Schoenherr Road, Shelby
Township, Michigan 48315, to provide engineering services for the
Industrial Road Reconstruction Project, and design and upgrade the traffic
signal; Further, the Council does hereby authorize an expenditure in an
amount not to exceed $159,250.00 from the Unexpended Fund Balance of
the Major Road Fund (202) for this purpose; Further, the Council does
hereby authorize and expenditure in an amount not to exceed $8,400.00
from funds budgeted in Account No. 204-441-818-102 (Professional
Services) for this purpose, and the City Engineer is hereby authorized to
approve minor adjustments in the work, as it becomes necessary.
A roll call was taken on the foregoing resolution with the following result:
AYES: Pastor, Meakin, Toy, Scheel, Nash, Brosnan
NAYS: None.
was:
At 7:05 p.m. Councilman Kritzman returned to the podium.
Upon motion by Toy, supported by Meakin, and unanimously adopted, it
#223-14 WHEREAS, the City of Livonia meets the definition of an
"Eligible Local Assessing District" under PA 328 of 1998, Section 7(g), by
virtue of containing an eligible distressed area as defined by Section 7(f)(i),
in accordance with PA 346 of 1966, Section 11; and
WHEREAS pursuant to P.A. 198 of 1974, as amended, after a duly noticed
public hearing, the City Council of the City of Livonia, established Livonia
Industrial Development District No. 109, on September 12, 2007, for
property at 33375 Glendale, thereby creating an "eligible district" for
purposes of Act 328 of 1998, as amended (the "Act"); and
WHEREAS Alphausa a Michigan corporation and an eligible business
under the Act, has filed an application for Exemption of New Personal
Property to be located in the referenced eligible district; and
WHEREAS before acting upon said application the City Council of the City
of Livonia held a public hearing on the 25th day of June, 2014, at 7:00 p.m.
in Livonia City Hall at 33000 Civic Center Drive, Livonia, Michigan, at which
the Applicant, City Assessor and a representative of the affected taxing
units were given written notice and were afforded an opportunity to be heard
on said Application;
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WHEREAS, the exemption of new personal property for Alphausa shall
have the effect of increased employment for the City of Livonia;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
Livonia, on the basis of the information received from the applicant,
Alphausa finds and determines: (a) that the granting of this Exemption of
New Personal Property shall not have the effect of substantially impeding
the operation of the local governmental unit or impairing the financial
soundness of any taxing unit which levies an ad valorem property tax in the
local governmental unit in which the personal property is to be located; and
(b) the applicant has fully complied with the requirements of Act 328 of
1998, as amended.
BE IT FURTHER RESOLVED THAT the City Council of the City of Livonia
hereby approves the application of Alphausa for the Exemption of New
Personal Property to be installed in the referenced eligible district; and
BE IT FURTHER RESOLVED THAT if the owner or lessee of a facility for
which an Exemption of New Personal Property under the Act is in effect
relocates that facility outside of the eligible district during the period in which
the Exemption is in effect, the owner or lessee is liable to the City from which
it is leaving, upon relocating, for an amount to be determined in accordance
with a Letter of Agreement executed between Alphausa and the City of
Livonia. If the City determines that it is in its best interest, the City may
forgive the liability of the owner or lessee under the terms of the Letter of
Agreement. The payment provided for in the Letter of Agreement shall be
distributed in the same manner as property taxes are distributed.
BE IT FURTHER RESOLVED THAT the Personal Property Exemption
issued on October 19, 2011, pursuant to Council Resolution 346-11, shall
be, and remain in force and effect.
BE IT FURTHER RESOLVED THAT the New Personal Property Exemption
for 32711 Glendale shall be in effect for a period of 7 years.
BE IT FURTHER RESOLVED THAT Alphausa shall file with the City
Assessor two (2) personal property statements each year: one statement
for Exempt New Personal Property and one statement for all other personal
property, and
BE IT FURTHER RESOLVED THAT the Application submitted by Alphausa
is for an Exemption of New Personal Property that will be located in the
following described parcel of real estate situated within the City of Livonia,
in Industrial Development District No. 109, established on September 12,
2007:
That part of the North Y2 of Section 27, Town 1 South, Range 9 East, City
of Livonia, Wayne County, Michigan, described as beginning at a point on
the North line of the Chesapeake and Ohio Railroad right-of-way, distant
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North 00 degrees 06 minutes 20 seconds East 49.50 feet and North 89
degrees 12 minutes 30 seconds West 798.12 feet from the center X corner
of Section 27 and proceeding thence North 89 degrees 12 minutes 30.
seconds West along the North line of the Chesapeake and Ohio Railroad
right-of-way line 536.00 feet; thence North 00 degrees 20 minutes 30
second East 420.00 feet; thence South 89 degrees 12 minutes 30 seconds
East 536.00 feet; thence South 00 degrees 20 minutes 30 seconds West
420.00 feet to the point of beginning. Subject to the North 12 feet of the
above described parcel being retained as a permanent storm sewer
easement. Commonly known as 32711 Glendale, Livonia, Michigan
48150;Tax ID No. 106-99-0002-002.
BE IT FINALLY RESOLVED that the City Clerk shall cause the Application
for Exemption of New Personal Property to be completed and shall take all
the steps necessary to insure that the completed application and a copy of
this Resolution are filed with the State Tax Commission in a timely fashion.
A correspondence from the Planning Commission dated July 10, 2014, re:
Zoning Protest Petition on the rezoning Petition 2014-05-01-03, was received and
placed on file for the information of the Council.
was:
Upon Motion by Meakin, supported by Toy, and unanimously adopted, it
#224-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 16, 2014, which sets forth its
resolution 06-34-2014, adopted on June 10, 2014, with regard to Petition
2014-05-01-03, submitted by the City Planning Commission, on behalf of
the City of Livonia and McLaren Performance Tech nologies/Linamar, for a
change of zoning of property located on the east side of Hubbard Road,
between Eight Mile Road and Norfolk Avenue (20446 Hubbard), in the
Northeast 1/4 of Section 3 from R-3 (One Family Residential) to P (Parking),
and the Council having conducted a public hearing with regard to this matter
on July 9, 2014, pursuant to Council Resolution 140-14, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 2014-05-01-03 is hereby denied for the following reasons:
1. That the proposed rezoning is not needed to serve McLaren
Performance Technologies/Linamar, the neighborhood or
community;
2. That the anticipated use would unduly tax and conflict with the
established and normal traffic flow of the area;
3. That the existing zoning is more consistent with the established
pattern of development and character of the adjacent properties; and
4. That P (Parking) zoning is not supported by the Future Land Use
Plan which recommends Low Density Residential.
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A communication was received from the Planning Commission dated July
10, 2014, re: Zoning Protest Petition on the rezoning Petition 2014-05-01-04 was
received and placed on file for the information of the Council.
On a motion by Pastor, supported by Toy, and unanimously adopted it
was:
#225-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 16, 2014, which sets forth its resolution
06-34-2014, adopted on June 10, 2014, with regard to Petition 2014-05-01-03,
submitted by the City Planning Commission, on behalf of the City of Livonia and
McLaren Performance Tech nologies/Linamar, for a change of zoning of property
located on the east side of Hubbard Road, between Eight Mile Road and Norfolk
Avenue (20446 Hubbard), in the Northeast 1/4 of Section 3 from R-3 (One Family
Residential) to P (Parking), and the Council having conducted a public hearing with
regard to this matter on July 9, 2014, pursuant to Council Resolution 140-14, the
Council does hereby refer the issue of speed and truck traffic on Parker, Hubbard
and Norfolk to the administration for its report and recommendation. Furthermore,
the Council respectfully requests that any analysis conducted by the administration
be conducted while Livonia Public Schools are in session and on Saturdays while
the soccer fields in and around Jaycee Park are in use.
On a motion by Meakin, supported by Kritzman, and unanimously adopted
it was:
#226-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 16, 2014, which sets forth its Resolution
06-35-2014, adopted on June 10, 2014, with regard to Petition 2014-05-01-04,
submitted by the City Planning Commission, on behalf of the City of Livonia and
McLaren Performance Technologies/Linamar, for a change of zoning of property
located on the west side of Parker Avenue, between Eight Mile Road and Norfolk
Avenue (20421 Parker Avenue), in the Northeast 1/4 of Section 3 from R-3 (One
Family Residential) to P (Parking), and the Council having conducted a public
hearing with regard to this matter on July 9, 2014, pursuant to Council Resolution
140-14, the Council does hereby concur in the recommendation of the Planning
Commission and Petition 2014-05-01-04 is hereby denied for the following
reasons:
1. That the proposed rezoning is not needed to serve McLaren Performance
Tech nologies/Linamar, the neighborhood or community;
2. That the anticipated use would unduly tax and conflict with the established and
normal traffic flow of the area;
3. That the existing zoning is more consistent with the established pattern of
development and character of the adjacent properties; and
4. That P (Parking) zoning is not supported by the Future Land Use Plan which
recommends Low Density Residential.
was:
was:
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On a motion by Meakin, seconded by Pastor, and unanimously adopted it
#227-14 RESOLVED, that the Council does hereby suspend their rules
for procedure as outlined in Council Resolution 574-82 so as to permit
consideration of items that do not appear on the Agenda.
On a motion by Toy, seconded by Pastor, and unanimously adopted, it was:
#228-14 RESOLVED, that pursuant to Section 21.02 of the Zoning
Ordinance of the City of Livonia, Ordinance No. 543, as amended, and
Section 601 of Act 110 of the Public Acts of Michigan of 2006, as
amended, Benjamin A. Schepis, 14434 Knolson, Livonia, Michigan 48154,
is hereby appointed to the Zoning Board of Appeals for a three-year term
that expires on July 12, 2017, with all the authority and duties as set forth
in the said Zoning Ordinance and Act 110, and further provided that Mr.
Schepis takes the Oath of Office as required in Chapter X, Section 2 of the
City Charter, to be administered by the Office of the City Clerk.
On a motion by Toy, supported by Pastor, and unanimously adopted, it
#229-14 RESOLVED, that having considered a communication from
Rev. Fr. Tony Massad, Pastor, which requests permission to waive
Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as
amended, to hold a cultural festival with music played by a DJ and live
band at Saint Rafka Maronite Catholic Church, located at 32765 Lyndon,
scheduled for Saturday, August 2, 2014 from 2:00 p.m. to 10:30 p.m. and
Sunday, August 3, 2014 from 1:00 p.m. to 8:00 p.m., the Council does
hereby grant and approve this request in the manner and form herein
submitted.
There was no Audience Communication at the end of the meeting.
On a motion by Toy, seconded by Scheel, and unanimously
adopted, this 1,757th Regular Meeting of the Council of the City of Livonia was
adjourned at 7:21 p.m.
d'aPa e.G 4_
Ter A Marecki, City Clerk