HomeMy WebLinkAboutMINUTES 2018-11-07
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SIXTIETH
REGULAR MEETING OF NOVEMBER 7, 2018
On November 7, 2018 the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by President Laura
Toy at 7:00 p.m. Brian Meakin led the meeting in the Pledge with Boy Scouts
Dakota and Alex from Pack 1640 from Kennedy School .
Roll was called with the following result: Brian Meakin, Jim Jolly, Brandon
Kritzman, Scott Bahr, Cathy White, Kathleen McIntyre and President Laura Toy.
Absent: None.
Elected and appointed officials present: Mark Taormina, Director of
Planning and Economic Development; Todd Zilincik, City Engineer; Paul
Bernier, City Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Judy
Priebe, Director of Legislative Affairs; Michael Slater, Director of Finance; Linda
McCann, Director of Community Resources; Denise Maier, Director of Human
Resources; Dan Putnam, Director of Information Systems; Ted Davis,
Superintendent of Parks and Recreation; and Mayor Dennis Wright.
On a motion by Jolly, supported by McIntyre, and unanimously
adopted, it was:
#371-18 RESOLVED, that the minutes of the 1,859th
Regular Meeting of Council held October 15, 2018 are
approved as presented.
Vice President Jolly presented a commendation to honor Lowell Peterson for his
24 years of service on the Plymouth Road Development Authority.
Meakin announced there were two retirements of City employees. In the month
of September, Brian Gnagey retired as Fire Equipment Mechanic with 30 years
of service; and Paul Beroff retired in October from the Police Department with 25
years of service. He congratulated them and wished them well in their retirement.
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Regular Meeting Minutes of November 7, 2018
President Toy announced that there will be two Public Hearings being held at
7:00 p.m. in the Auditorium of City Hall, 33000 Civic Center Drive, on the
following matters:
The first hearing will be held on Wednesday, November 14, 2018 on the following
matter:
To consider the adoption of a resolution approving a Brownfield Plan and
Development and Reimbursement Agreement of the City of Livonia
Brownfield Redevelopment Authority for Haggerty Square, a planned general
development consisting of a retail shopping center and multi-family housing,
located on the east side of Haggerty Road between Seven Mile Road and Eight
Mile Road (19700 and 19750 Haggerty Road) in the Southwest ¼ of Section 6,
as requested by Asti Environmental, on behalf of Haggerty Square, LLC,
pursuant to and in accordance with Act No. 381 of Public Acts of 1996, as
amended.
The second hearing will be held on Monday, November 26, 2018 on the following
matter:
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PETITION 2018-10-01-08 submitted by 18 Street Development, L.L.C., to
rezone the property located on the north side of Seven Mile Road between the I-
275/96 Expressway and Haggerty Road (39000 Seven Mile Road) in the
Southwest 1/4 of Section 6, from M-1 (Light Manufacturing) to PO-I (High Rise
Professional Office- Maximum 6 Stories).
President Toy stated that there is New Data on Items 4, 6 and 8, and that 8 is a
communication requesting that the item be removed from tonight’s agenda and
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be heard on the November 19 Regular Meeting of Council. She then stated
that there will be an X-item heard at the end of tonight’s agenda.
McIntyre congratulated Community Resources and the Senior Center
Department for hosting an amazing Halloween luncheon and party for 180 senior
citizens.
She then offered condolences to the families of Robert Varney, City employee,
who passed away recently; and to Fire Chief Heavener on the loss of his mother;
Steve Banko, Inspection Department, on the loss of his sister; as well as the
Strumbos family for the loss of Nick Strumbos, President of Alpha USA.
During Audience Communication the following people addressed Council to
speak in opposition to the proposed Planned Parenthood location on Farmington
Road:
Nancy Klein, 33373 Myrna Court
Barbara Vlasic, 17628 Francavilla Drive
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Regular Meeting Minutes of November 7, 2018
Dr. Michael McDonald, 33152 Broadmoor
Joanne Manning, 16220 Quakertown Lane
Clayton Brown, Fenton
Robert Donovic, 9881 Garvett
Monica Migliorino Miller
Sandra Sebastian, 34300 La Moyne Street
Greta Peterson, 15930 Norwich
The following spoke in favor of the proposed Planned Parenthood location on
Farmington Road:
Camerie Thomas, 11215 W. Clements Circle
Councilmember Kritzman informed the audience that there is legally nothing that
Council can do as the site is zoned OS and that the organization is a permitted
use in that zone.
Meakin, as Parliamentarian, alerted President Toy that they had reached the 30
minute allocation of time for Audience Communication.
Councilmember Bahr expressed his opinions on the issue of the proposed
Planned Parenthood office.
Councilmember Meakin asked that the Administration check with the Building
Department to ensure that the appropriate permits had been pulled for the site.
On a motion by Jolly, supported by White, it was:
#372-18 RESOLVED, that having considered the report and
recommendation of the Office of the Mayor, dated October 5, 2018, and
in accordance with the provisions of the Brownfield Redevelopment
Financing Act, Act 381 of Public Acts of the State of Michigan of 1996, as
amended, the Council does hereby approve of and concur in the
reappointment of Ken Harb, 16788 Westbrook, Livonia, MI 48154, to the
Livonia Brownfield Redevelopment Authority for a term of three years,
which will expire on November 24, 2021.
#373-18 RESOLVED, that having considered the report and
recommendation of the Office of the Mayor, dated October 5, 2018, and
in accordance with the provisions of the Brownfield Redevelopment
Financing Act, Act 381 of Public Acts of the State of Michigan of 1996, as
amended, the Council does hereby approve of and concur in the
reappointment of William Fried, 31530 Merriwood Park Drive, Livonia, MI
48152, to the Livonia Brownfield Redevelopment Authority for a term of
three years, which will expire on November 24, 2021.
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Regular Meeting Minutes of November 7, 2018
#374-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service, dated October
3, 2018, which bears the signatures of the Director of Public Works and
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the bid of Carleton Equipment, 31231
Schoolcraft Road, Livonia, MI 48150-0232, for the purchase of four (4)
heavy duty Sure-Trac Trailers, two (2) equipped with toolboxes, in an
amount not to exceed $33,089.80, the same having been in fact the lowest
bid received which meets all specifications; FURTHER, the Council does
hereby authorize the expenditure of a sum not to exceed $33,089.80 from
funds already budgeted in Account No. 401-000-987-000 (Capital Outlay)
for this purpose; FURTHER, in the event the low bidder is unable to
provide the necessary equipment, the Council does hereby accept the
price bid of the second lowest bidder, Kelly & Sons Trailers, 1620
Telegraph Road, Carleton, Michigan 48117 for the purchase of the Sure-
Trac trailers, in an amount not to exceed $34,800.00.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES Meakin, Jolly, Kritzman, Bahr, White, McIntyre and Toy
NAYS: None
The President declared the resolutions adopted.
A communication from the Office of the Mayor, dated October 8, 2018,
attaching a communication from Fire Chief Dave Heavener, dated October 4,
2018, re: subject of the conceptual planning and design of the proposed DPW
Water & Sewer Building, was received and placed on file for the information of
the Council.
Cathy White, as Chair of the Capital Outlay and Infrastructure Committee,
reported out on the meeting of Wednesday, October 3, 2018.
a. Subject of the conceptual planning and design of the proposed DPW
Water & Sewer Building. (CR 152-15)
White stated she would offer the denying resolution for discussion purposes.
On a motion by White, supported by McIntyre, it was:
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Regular Meeting Minutes of November 7, 2018
RESOLVED, that having considered the report and recommendation of
the Capital Outlay and Infrastructure Committee, dated October 3, 2018,
submitted pursuant to Council Resolution No. 152-15, adopted on May 18,
2015, and a communication from the Director of Public Works, dated
September 27, 2018, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and a communication from the
Mayor, dated October 8, 2018, to which is attached a communication from
the Fire Chief, dated October 4, 2018, with regard to the conceptual planning
and design of the proposed DPW Water & Sewer Building, the Council does
hereby reject the recommendation of the Director of Public Works and the
request to amend the contract with Sidock Group, Inc., previously authorized
in Council Resolution No. 445-16, adopted on December 5, 2016, to provide
architectural/ building design services in connection with the conceptual
planning and design of the proposed DPW Water & Sewer Building is hereby
denied.
President Toy passed the gavel at 8:02 p.m. to speak in support of the denying
motion offered by White and McIntyre.
Following discussion by Council, a roll call vote was taken on the above
resolution on a motion by White, supported by McIntyre, with the following result:
AYES: White and Toy
NAYS: Meakin, Jolly, Kritzman, Bahr, and McIntyre
The Vice President declared the resolution failed for lack of support.
President Toy resumed the gavel at 8:07 p.m.
On a motion by Meakin, supported by Jolly, it was:
#375-18 RESOLVED, that having considered the report and
recommendation of the Capital Outlay and Infrastructure Committee, dated
October 3, 2018, submitted pursuant to Council Resolution No. 152-15, adopted
on May 18, 2015, and a communication from the Director of Public Works, dated
September 27, 2018, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and a communication from the Mayor,
dated October 8, 2018, to which is attached a communication from the Fire Chief,
dated October 4, 2018, with regard to the conceptual planning and design of the
proposed DPW Water & Sewer Building, the Council does hereby authorize an
amendment to the contract between the City of Livonia and Sidock Group, Inc.,
43155 Main Street, Suite 2306, Novi, MI 48375, previously authorized in Council
Resolution No. 445-16, adopted on December 5, 2016, to provide
architectural/building design services in connection with the conceptual planning
and design of the proposed DPW Water & Sewer Building in an amount not to
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Regular Meeting Minutes of November 7, 2018
exceed $97,400.00, increasing the total contract amount from $245,200.00 to
$342,600.00; FURTHER, the Council does hereby authorize an expenditure in
an amount not to exceed $97,400.00 from the unexpended fund balance of the
Water and Sewer Fund (592) for this purpose; FURTHER, the Council does
hereby appoint Councilmembers Brandon Kritzman and Cathy White as
Council’s representatives on the DPW Building Committee, to participate in
oversight of the conceptual planning and design of the proposed DPW Water &
Sewer Building.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Meakin, Jolly, Kritzman, Bahr, and McIntyre
NAYS: White and Toy
The Vice President declared the resolution adopted.
Jolly took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 10.03 OF ARTICLE X 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: Meakin, Jolly, Kritzman, Bahr, White, McIntyre and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
A communication from the Director of Human Resources, dated October
5, 2018, re: request to modify compensation plan and include ability to
compensate administration and professional, exempt and confidential and
appointee employees assigned to standby on-call duty for the Department of
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Regular Meeting Minutes of November 7, 2018
Management Information Systems, was received and placed on file for the
information of the Council.
On a motion by White, supported by Kritzman, and unanimously adopted,
it was:
#376-18 RESOLVED, that having considered communications from
the Human Resources Director, dated November 5, 2018 and October 5,
2018, which bear the signature of the Director of Finance and are
approved for submission by the Mayor, transmitting Civil Service
Resolution No. 18-141, adopted by the Civil Service Commission at its
regular meeting of September 19, 2018, and certain additional
information, including a communication from the Information Systems
Director, dated September 6, 2018, requesting a modification to the City
of Livonia Compensation Plan to include the ability to compensate
employees, including members of Union Locals 192 and 1917, as well as
unrepresented employees (including Administration and Professional,
Exempt and Confidential and Appointee employees) assigned to standby
on-call duty, the Council does hereby refer this item back to the Civil
Service Commission to consider a modified proposal to include a
reduction in the on-call stipend to $225.00 for one-week of twenty-four
hour/ seven day on-call duty as assigned by the Department of
Management Information Systems and the exclusion of appointee(s) from
any on-call stipend.
On a motion by Jolly, supported by White, and unanimously adopted, it
was:
#377-18 RESOLVED, that having considered the request of Council
Vice President Jim Jolly, at the Study Meeting held October 15, 2018,
regarding the subject matter of funding and needs of the Department of
Management Information Systems, the Council does hereby refer this
item to the Economic Development, Strategic Planning and Technical
Committee for its report and recommendation concerning an
understanding and review of the Department.
A communication from David Antoun, Tele-Site, Inc., dated November 2,
2018, re: requesting to reschedule Petition 2018-07-02-17 to the November 19,
2018 Council Meeting, was received and placed on file for the information of the
Council.
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Regular Meeting Minutes of November 7, 2018
At the direction of the Chair, Item #8 was removed from the Agenda.
On a motion by McIntyre, supported by Kritzman, and unanimously
adopted, it was:
#378-18 RESOLVED, that having considered the report and
recommendation of the Planning Commission, dated September 19,
2018, which transmits Planning Commission resolution 09-61-2018,
adopted on September 18, 2018, with regard to Petition 2018-09-07-01,
submitted by the Livonia Planning Commission, which forwards the
proposed Comprehensive Master Plan (Livonia Vision 21) to the Livonia
City Council for review and comment, and thereafter authorize distribution
of the Plan for public comment pursuant to MCL 125.3841 of P.A. 33 of
2008, as amended, more commonly known as the Michigan Planning
Enabling Act, the Council does hereby approve the distribution of the plan
to all required entities pursuant to State Law and refers the plan back to
the Planning Commission to hold a public hearing and thereafter submit
its report and recommendation to the City Council.
An email communication from Dale Campbell, dated October 10, 2018,
re: submitting her resignation from the Zoning Board of Appeals, was received
and placed on file for the information of the Council.
On a motion by Bahr, supported by Meakin, and unanimously adopted, it
was:
#379-18 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, Joel Turbiak, 19593 Stamford Drive, Livonia, MI 48152, is
hereby appointed to the Zoning Board of Appeals to fill the unexpired term
of Dale Campbell, which expires July 12, 2020, with all the authority and
duties as set forth in the said Zoning Ordinance and Act 110, and further
provided that Mr. Turbiak 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 Jolly, supported by Meakin, and unanimously adopted, it
was:
#380-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 12, 2018, submitted
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Regular Meeting Minutes of November 7, 2018
pursuant to Council Resolution No. 176-18, adopted on May 9, 2018,
which bears the signature of the Director of Finance, is approved by the
Director of Public Works and approved for submission by the Mayor,
requesting an additional appropriation and expenditure from budgeted
funds and to authorize a transfer of funds from Local Roads and Major
Roads to close out the 2018 Joint and Crack Sealing Program (Contract
18-D), and other miscellaneous items; the Council does hereby authorize
an additional appropriation and expenditure in an amount not to exceed
$7,617.68 to close out the 2018 Joint and Crack Sealing Project, Contract
18-D, and establish a final contract amount of $152,617.68, payable to
Michigan Joint Sealing, Inc., 28830 West Eight Mile Road, Suite 103,
Farmington Hills, MI 48336. The final breakdown being $107,743.61, an
increase in the amount of $12,743.61, from Account No. 203-463-818-117
(Local Roads) and $44,874.07 from Account No. 202-463-818-117 (Major
Roads); FURTHER, the Council does hereby authorize an additional
expenditure in an amount not to exceed of $7,250.00 from transferred
funds payable to R.S. Contracting, Inc., 9276 Marine City Hwy., Casco,
Michigan 48064 to close out the 2018 Lane Line Marking Program,
Contract 18-H, from Account No. 202-463-818-118 (Lane Line Marking);
FURTHER, the Council does hereby authorize an additional expenditure
in an amount not to exceed $30,132.32 from transferred funds payable to
Rotondo Construction Corporation, 38807 Ann Arbor Road, Suite 2,
Livonia, MI 48150 to complete the work on the 2018 Concrete Road
Selective Slab Replacement Program, Contract 18-J. The final revised
contract amount not-to-exceed $180,132.32 for Contract 18-J;
FURTHER, the Council does hereby authorize a transfer of budgeted
funds in an amount not to exceed $12,256.39 from Account No. 203-463-
818-117 (Joint and Crack Sealing – Major Roads) to Account No. 202-
463-818-119 (Major Road Fund – Pavement and Catch Basin Repair),
2018 Concrete Road Select Slab Replacement Program, Contract 18-J;
and the City Engineer is hereby authorized to approve minor adjustments
in the work as it becomes necessary but this authorization does not entitle
the City Engineer to authorize any increase in the not to exceed amount
or to contract with other parties.
On a motion by McIntyre, supported by White, and unanimously adopted,
it was:
#381-18 WHEREAS, the City Clerk has received an application for
Industrial Facilities Exemption Certificate from Daniel E. Laible, Plymouth
Properties, for the new construction of 60,000 sq. ft. addition to house
assembly, sequencing, and warehouse space for the launch of interior
product for the new Ford Explorer and Lincoln Aviator and adding
additional machines for property located at 38900 Plymouth Road,
Livonia, MI 48150 (Industrial Development Overlay District #112); and
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Regular Meeting Minutes of November 7, 2018
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed equipment is to be located, i.e., the City of Livonia, and advised
each of them that the said Application has been received; and
WHEREAS, the aggregate SEV of real and personal property exempt
from ad valorem taxes within the City of Livonia, after granting this
certificate, will not exceed 5% of an amount equal to the sum of the SEV
of the unit, plus the SEV of personal and real property thus exempted; and
WHEREAS, the City Council has afforded Plymouth Properties, the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this application and said hearing having in
fact been conducted at 7:00 p.m., Monday, October 22, 2018, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS:
1. That the City Council, on the basis of the information received from
the applicant, Plymouth Properties, finds and determines: (a) that the
granting of this Industrial Facilities Exemption Certificate 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 equipment is to be located; and (b) the applicant has
fully complied with the requirements of Section 9, Act No. 198, P.A.
1974, as amended.
2. That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from Plymouth Properties, covering
new equipment for their facility located within the City of Livonia
Industrial Development District No. 112, for twelve (12) years.
3. That in accordance with the requirements of Section 22, Act 198, P.A.
1974, as amended, wherein a Letter of Agreement between the
applicant and the City is required in order to clarify the understanding
and the commitment between the applicant and the City Council upon
approval of an Industrial Facilities Exemption Certificate, the Council
hereby authorizes the Administration to negotiate such Letter of
Agreement and authorizes the Mayor and City Clerk to sign such
Letter of Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process applications for Industrial Facilities Exemption
Certificates.
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Regular Meeting Minutes of November 7, 2018
On a motion by Kritzman, seconded by Jolly, and unanimously
adopted, it was:
#382-18 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 Meakin, supported by Bahr, and unanimously adopted, it
was:
#383-18 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 1, 2018,
approved for submission by the Mayor, the Council does hereby approve
the Holiday Parade and Tree Lighting to be held on Sunday, December 2,
2018, beginning at 4:00 p.m.; FURTHER, the Council does hereby
approve the parade route as follows:
Stark from Schoolcraft to Lyndon, Lyndon from Stark to
Farmington, and Farmington from Schoolcraft to Five Mile
Road.
FURTHER, the Council does hereby request that the Wayne County
Department of Public Services allow the City of Livonia to close
Farmington Road between the hours of 4:00 p.m. and 5:00 p.m. or until
the road is returned to normal traffic operation; that the City of Livonia will
assume liability for any damage claims which may arise as a result of the
road closure, as to Wayne County only; and that Senior Police Officer
Michael Arakelian is hereby designated and authorized to sign the road
closure permit on behalf of the City of Livonia.
Councilmember McIntyre congratulated Ted Davis and his staff on the Annual
Turkey Trot event that was recently held.
During Audience Communication the following residents addressed Council to
speak in opposition to the proposed Planned Parenthood location on Farmington
Road:
Cheryl Davidson, 19007 Irving
Lesia McQuade, 33782 Bretton
Matthew Bagazinski, 11404 Ingram
Dr. Alice Jo Rainville, 49131 Plum Tree Drive, Plymouth
Mary Mciver, 9800 Eckles
Fred Wright, Pastor at Bell Creek Church
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Beverly Allor, 36294 Clarita
Kimberly Tens, 8181 N. Wayne Road, Westland
Cheryl Walker, 15445 Harrison
Jack Runkle, 15661 Surrey
Sandra Sebastian,34300 La Moyne
Councilmember Kritzman responded to Sandra Sebastian’s question regarding
owner/tenants/lessees of buildings.
On a motion by Jolly, supported by Bahr, and unanimously adopted, this
1,860th Regular Meeting of the Council of the City of Livonia was adjourned at
9:10 p.m. on November 7, 2018.
_____________________
Susan M. Nash, City Clerk