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HomeMy WebLinkAboutMINUTES 2018-11-07 40747 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. 40748 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: th 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 th 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 40749 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. 40750 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: 40751 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 40752 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 40753 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. 40754 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 40755 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 40756 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. 40757 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 40758 Regular Meeting Minutes of November 7, 2018 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