HomeMy WebLinkAboutCOUNCIL MINUTES 2014-11-1739219
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND SIXTY-FIFTH
REGULAR MEETING OF NOVEMBER 17,201
On November 17, 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. Councilperson Scheel led the meeting in the Pledge.
Roll was called with the following result: Lynda Scheel, Susan Nash,
Brandon Kritzman, John Pastor, Vice President Brian Meakin, Laura Toy and President
Maureen Miller Brosnan. Absent: None.
Elected and appointed officials present: Mark Taormina, Director of
Planning and Economic Development; Todd Zilincik, City Engineer; Judy Priebe, Director
of Legislative Affairs; Terry Marecki, City Clerk; Don Knapp, City Attorney; and Mayor
Jack Kirksey.
On a motion by Toy, seconded by Pastor, it was:
#341-14 RESOLVED, that the Minutes of the 1,764th Regular Meeting
of the Council held November 5, 2014, are hereby approved as submitted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Scheel, Nash, Kritzman, Pastor, Meakin, Toy
NAYS: None.
PRESENT: Brosnan.
President Brosnan declared the resolution adopted.
Councilperson Toy announced that Dr. Laura Genik, longtime Livonia
resident, was the recipient of the Engineering Educator's Award and gave congratulations
on her achievement. She also reported that her sister Carol's dog is having a litter of
puppies.
Kritzman wished his daughter Alexandra a Happy 2"d Birthday.
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President Brosnan extended birthday greetings to Livonia's own Mayor
Kirksey and also to Sister Modesta, from the Felician Sisters and St. Mary's Hospital, who
turned 90 years old.
President Brosnan then detailed the Christmas events being held at
Greenmead.
Councilperson Nash reminded everyone about the City's Annual Tree
Lighting ceremony being held at City Hall on December 2nd at 7:00 p.m.
President Brosnan announced that there is new data on Items #9, #10 and
#12.
During Audience Communication, Christopher Martin expounded on the
results he felt he has achieved utilizing the process of audience communication as a tool
at Council meetings.
Mayor Kirksey updated the residents of the City on the leaf pick-up program.
A communication from the Department of Finance dated October 20, 2014,
re: forwarding various financial statements of the City of Livonia for the month ending
September 30, 2014, was received and placed on file for the information of the Council.
On a motion by Scheel, seconded by Pastor, it was:
#342-14 RESOLVED, that having considered a communication from
Sean P. Kavanagh and Kathleen J. McCann, District Court Judges, 16th
Judicial District Court, dated October 14, 2014, requesting approval with
respect to the Court's appointment of James Joseph Jolly as Substitute
Magistrate of the 16th District Court effective October 20, 2014, and
extending to November 30, 2014, pursuant to Administrative Order No.
2126 and Public Act 16 of the Public Acts of 1976, MCLA 600.8501(2), the
council does hereby determine to concur in and approve such appointment
in accordance with MCLA 600.8501(2); FURTHER, the Council does
hereby approve a per hour compensation of $40.00 per hour and a flat
$50.00 fee per call for after-hours search warrant issuance for the
Substitute Magistrate, with no additional fringe benefits.
#343-14 RESOLVED, that having considered a communication from
the Director of Finance, dated October 20, 2014, approved for submission
by the Mayor, with regard to proposals received from insurance carriers in
connection with the City's self-insurance program for Workers'
Compensation, the Council does hereby authorize the Mayor and City Clerk
to enter into a contract for the period December 1, 2014 to November 30,
2015, with Citizens Management, Inc. (CMI), 645 West Grand River,
Howell, Michigan 48843, to provide the city with claims administration
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services for a total estimated premium cost of $43,440.00; with said
estimated cost having been in fact the lowest quotation received for this
item; FURTHER, the Council does hereby authorize the Mayor and the City
Clerk to enter into a Contract for the period of December 1, 2014 to
November 30, 2015 with Midwest Employers Casualty Company, 14755
North Outer Forty Drive, Suite 300, Chesterfield, Missouri 63017, to provide
the City with excess insurance coverage when losses from any one claim
reaches $750,000.00, for a total estimated premium cost of $123,225.00;
with said estimated cost having been in fact the lowest quotation received
for this item when self-insured retention requirements are factored in; and
the Director of Finance is hereby requested to do all other things necessary
or incidental to the full performance of this resolution.
#344-14 RESOLVED, that having considered the report and
recommendation of the Director of Finance dated October 22, 2014,
approved for submission by the Mayor, in connection with renewal options
for the City's liability and property insurance coverage, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute a contract with the Michigan Municipal Risk
Management Authority, 14001 Merriman Road, Livonia, Michigan 48154,
for the period December 1, 2014 to November 30, 2015, for the City's
liability and property insurance coverage for a total premium of
$1,094,535.00 and for the period December 1, 2015 to November 30, 2016,
with a premium increase to be based upon reinsurance increases incurred
by MMRMA in 2015, not to exceed eight percent, as detailed in the
aforementioned report; and the Director of Finance is hereby requested to
do all other things necessary or incidental to the full performance of this
resolution.
#345-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 13, 2014, which transmits its
resolution #10-54-2014, adopted on October 7, 2014, with regard to Petition
2014-09-08-11, submitted by Autumnwood of Livonia, requesting site plan
approval in connection with a proposal to construct additions to the nursing
home located on the east side of Middlebelt Road between Lyndon Avenue
and Five Mile Road (14900 Middlebelt Road) in the Northwest 1/4 of Section
24, the Council does hereby concur in the recommendation of the Planning
Commission and Petition 2014-09-08-11 is hereby approved and granted,
subject to the following conditions:
1. That the Site Plan marked SP -1 dated September 5, 2014, prepared
by AWP is hereby approved and shall be adhered to;
2. That the added landscape materials shown on the approved Site
Plan shall be installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition;
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3. That the Building Elevations shown on the Cover Sheet dated
September 5, 2014, prepared by AWP is hereby approved and shall be
adhered to;
4. 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;
5. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time of application for
building permits; and
6. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance
of the City of Livonia, this approval is valid for a period of one year only from
the date of approval by City Council, and unless a building permit is
obtained, this approval shall be null and void at the expiration of said period.
#346-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 13, 2014, which transmits
its resolution #10-55-2014, adopted on October 7, 2014, with regard to
Petition 2014-09-08-13, submitted by LPR Land Company, requesting site
plan approval in connection with a proposal to remodel the exterior of the
nine -story independent senior housing facility, known as William W.
Brashear Tower, located on the west side of N. Laurel Park Drive between
Six Mile Road and University Drive (17841 N. Laurel Park Drive) in the
Southeast 1/4 of Section 7, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2014-09-08-13
is hereby approved and granted, subject to the following conditions. -
1 '
onditions:1: That the Elevation and Details Plan marked P.1 dated September
26, 2014, prepared by Siegal/Tuomaala Associates, is hereby approved
and shall be adhered to;
2. That only conforming signage is approved with this petition, and any
additional signage shall be separately submitted for review and approval
by the Zoning Board of Appeals;
3. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building permits
are applied for; and,
4. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance
of the City of Livonia, this approval is valid for a period of one year only
from the date of approval by City Council, and unless a building permit is
obtained, this approval shall be null and void at the expiration of said
period.
A roll call vote was taken on the foregoing resolutions with the following results:
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AYES: Scheel, Nash, Kritzman, Pastor, Meakin, Toy and Brosnan
NAYS: None
Toy gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 020 (d) OF TITLE 15, CHAPTER
51 (VACANT AND ABANDONED STRUCTURES) OF THE LIVONIA
CODE OF ORDINANCES AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office
of the City Clerk and is the same as if word for word repeated herein. The above
Ordinance was placed on the table for consideration at an upcoming Regular meeting.
Meakin gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 050 (C) (4) OF TITLE 2,
CHAPTER 04 (CITY COUNCIL) OF THE LIVONIA CODE OF
ORDINANCES AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office
of the City Clerk and is the same as if word for word repeated herein. The above
Ordinance was placed on the table for consideration at an upcoming Regular meeting.
Ordinance:
Scheel took from the table, for second reading and adoption, the following
AN ORDINANCE ADDING SUBSECTION (w) of SECTION11.03 OF
ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE."
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Scheel, Nash, Kritzman, Pastor, Meakin, Toy and Brosnan
NAYS: None
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The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
A communication from the Department of Law, dated October 28, 2014, re:
Petition 2014-08-01-06, re: Request to Rezone Property at 38801 and 38901 Plymouth
Road from RUF (Rural Urban Farm) to R-1 (One Family Residential), was received and
placed on file for the information of the Council.
Toy gave first reading of the following Ordinance:
AN ORDINANCE AMENDING SECTION 30 OF THE ZONING MAP OF
THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE
NO. 543, AS AMENDED, KNOWN AND CITES AS "THE CITY OF LIVONIA
ZONING ORDINANCE" BY ADDING SECTION 3. THERETO.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office
of the City Clerk and is the same as if word for word repeated herein. The above
Ordinance was placed on the table for consideration at an upcoming Regular meeting.
A correspondence from Safa Moossavi, 21646 Beauford Lane, Northville,
MI 48167, dated November 11, 2014, in re: the Levan Road Special Assessment District,
was received and placed on file for the information of the Council.
was:
On a motion by Meakin, seconded by Nash, and unanimously adopted, it
#347-14 WHEREAS, pursuant to due and proper notice published and
mailed to all property owners in Special Assessment District No. 428 for the
proposed Levan Road Sanitary Sewer Project, for installation of a new 10 -
inch sanitary sewer main to service parcels located on the east side of
Levan Road (15160, 15200, and 15230 Levan Road), in the Northeast 1/4
of Section 20, in the City of Livonia, Wayne County, Michigan, as required
by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, a public hearing thereafter having been
held thereon on October 27, 2014, at the City Hall, 33000 Civic Center
Drive, Livonia, Michigan, and the City Council having duly met and reviewed
the special assessments levied on the special assessment roll as prepared
by the City Assessor to cover the district portion of the cost of the proposed
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Levan Road Sanitary Sewer Project for the installation of a new 10 -inch
sanitary sewer main in Special Assessment District No. 428; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, THAT:
1. The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated October 2, 2014, in the amount
of $151,571.67, are fair and equitable and based upon benefits to be
derived by the construction of improvements proposed in said district in
accordance with the plans of the City Engineer and resolutions of the City
Council; the City Council does further determine to pay the City's share of
$21,230.00 from account 592-559-818-000;
2. Said Special Assessment Roll No. 428 is hereby approved and
confirmed in all respects;
3. The amount of said roll shall be divided into fifteen (15) equal annual
installments with interest at the rate of two and one-half (2.5%) percent per
annum on the unpaid balance of the assessment from December 1, 2015.
Said interest shall be payable on each installment due date, provided,
however, that after the issuance of bonds in anticipation of the collection of
the unpaid assessments on the said Special Assessment Roll, said rate of
interest shall be no more than 1 % above the average rate of interest borne
by said bonds. In such cases where the installments will be less than Ten
Dollars ($10.00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10.00) as possible.
The first installment shall be due and payable December 1, 2015, and
subsequent installments on December 1St of succeeding years;
4. Pursuant to the provisions of Section 3.08.130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date of
confirmation on the assessment roll, and the said Assessment Roll shall
then be immediately transmitted to the City Treasurer who shall then publish
notice as is required by Section 3.08.190 of the Livonia Code of Ordinances,
as amended, and mail assessment statements to the respective property
owners assessed in the manner and substance as provided by said Section
3.08.190. Any property owner assessed may pay the whole or any part of
the assessment without interest or penalty up to December 1, 2015; and
5. The first installment shall be spread upon the 2015 City tax roll in the
manner required by Section 3.08.210 of the Livonia Code of Ordinances, as
amended, together with interest upon all unpaid installments from
December 1, 2015, and thereafter one (1) installment shall be spread upon
each annual tax roll together with one (1) year's interest upon all unpaid
installments; provided, however, that when any annual installment shall
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have been prepaid in the manner provided in Title 3, Chapter 8 of the
Livonia Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3.08.200, or after the expiration of the sixty
(60) day period as provided by Section 3.08.220, any installment which has
not been spread upon the tax rolls may be discharged by paying the face
value thereof plus interest thereon to the date of payment.
On a motion by Toy, seconded by Scheel, and unanimously adopted, it was:
#348-14 RESOLVED, that having considered a communication from
the Office of the City Clerk, dated October 29, 2014, requesting a
correction to pages 39123 — 39125 of the One Thousand Seven Hundred
and Fifty -Seventh Regular City Council Meeting Minutes, dated July 21,
2014, in order to add verbiage required by the State of Michigan
Department of Treasury for an application for exemption of personal
property from ALPHAUSA, the Council does hereby approve the
correction to the council minutes in the manner and form described in the
aforementioned communication.
A communication from Terry A. Marecki, Livonia City Clerk, dated
November 10, 2014, re: Letter of Resignation, was received and placed on file for the
information of the Council.
On a motion by Toy, supported by Nash, and unanimously adopted, it was:
#349-14 RESOLVED, that having considered a communication from
City Council President, Maureen Miller Brosnan, dated November 6, 2014,
with regard to the issue of the vacancy of the City Clerk position, the Council
does hereby refer this matter to the Committee of the Whole for its report
and recommendation.
There was no Audience Communication at the end of the meeting.
On a motion by Toy, seconded by Scheel, and unanimously adopted, this
1,765th Regular Meeting of the Council of the City of Livonia was adjourned at 7:32 p.m.
Terry A. arecki, City Clerk