HomeMy WebLinkAboutCOUNCIL STUDY - 2013-06-17 CITY OF LIVONIA— CITY COUNCIL
MINUTES OF STUDY MEETING HELD JUNE 17, 2013
Meeting was called to order at 8:31 p.m. Present: James McCann, John Pastor,
Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, and Laura Toy. Absent:
Joe Laura.
Elected and appointed officials present: Todd Zilincik, City Engineer; Mark
Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney;
Terry Marecki, City Clerk and Jack E. Kirksey, Mayor.
Brosnan said she has been approached by several residents recently regarding the
change in hours of operation for the Library. Brosnan said she would like a report from
the Administration with regard to the rationale of scaling back of the library hours.
AUDIENCE COMMUNICATION:
Christopher Martin, 11037 Hubbard, expressed his desire to be on Council and added
that he is a candidate. He added that he attends many meetings at City Hall because of
his interest in the City and said he likes to stay informed.
NEW BUSINESS
1. BLOCK PARTY: Karen Gray, re: to be held on Saturday, July 20, 2013, from
3:00 p.m. to 10:00 p.m. on Sunnydale and Huff within the cul-de-sac, no rain date
scheduled.
Karen Gray was present to answer any questions from Council.
Robinson offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
2. BLOCK PARTY: Michael Kinney, re: to be held on Saturday, August 31, 20137
from Noon to 10:00 p.m. on Howell St., between Blue Skies and Richfield, with a
rain date of Sunday, September 1, 2013.
Michael Kinney was present to answer any questions from Council.
Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
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3. VACATING REQUEST: Andy Wozniacki, CFO, Farmington Property, LLC, re:
of a twelve (12) foot easement for public utilities that runs parallel to Levan Road,
crossing lots 1 through 6 of Broadmoor Acres Subdivision and parallel to
Amrhein Road across lot 7. (Petition 2013-05-03-01)
Paul Hugo, Facilities Director for Roush Industries, was present on behalf of
Andy Wozniacki. He said there is an easement on the property and the building
was built over the easement and they would like to remove that easement to
clear the title on the property.
Mark Taormina, Director of Planning and Economic Development said this is a
request for referral to the Planning Commission to hold a Public Hearing. A
Public Hearing is scheduled for July 9, 2013.
McCann offered the approving resolution referring the request to the Planning
Commission to conduct a Public Hearing for the Consent Agenda.
DIRECTION: APPROVING — REFERRING TO CONSENT
PLANNING COMMISSION TO
CONDUCT A PUBLIC HEARING
4. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City
Clerk, re: submitted by Sherman A. Daniels in accordance with Chapter 5.49 of
the Livonia Code of Ordinances, as amended.
Sherman Daniels, 3015 Northwestern, Detroit, Michigan, said he has been a
massage therapist since 2005.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
5. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk,
re: submitted by Nieta Mata in accordance with Chapter 5.49 of the Livonia Code
of Ordinances, as amended.
Nieta Mata, 43825 Cranford Ave., Canton, Michigan, said she has her National
Certification as a Massage Therapist and looks forward to working in Livonia.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
6. DETERMINATION OF THE LOCAL OFFICERS COMPENSATION
COMMISSION: Office of the City Clerk, re: the salaries of elected officials for
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the calendar years 2014 and 2015, in accordance with Section 2.48.030 of
Chapter 2.48 of the Livonia Code of Ordinances, as amended.
McCann presented a report of statistics that were gathered regarding
Councilmember's attendance, pay and benefits; also, their voluntary pay cuts
and the duration of those pay cuts. He was rather disappointed with some of the
results.
McCann offered the approving resolution referring the matter to the Legislative
Committee, to amend the Ordinance to reflect that if a Councilmember's
attendance is below 75% they must repay 50%of their salary, for its report and
recommendation for the Regular Agenda.
Robinson said Councilmember McCann's report only provides partial data, he
said it paints a negative picture of some of the Councilmembers, himself
included. Robinson said unfortunately politics is coming into play and it is
unfortunate for the residents because it is not productive. Robinson also said that
he will not be supporting increases for Elected Officials while City employees are
still under mandatory wage freezes and furlough days. He thinks it is best to
discuss subjects such as this one in detail at a Committee Meeting.
Robinson offered the denying resolution for the Regular Agenda.
McCann said he disagreed about this being political. He said he doesn't think it is
for the citizens to pay a Councilmember's full salary when their attendance is
below 75%. He said it not political; it is a fact of life.
Robinson added that he somewhat agrees with what Councilmember McCann is
saying, however, he believes that attendance of Committee Meetings are equally
as important. He said attendance of all Council Meetings, including Committee
Meetings should be considered.
Brosnan said there is a considerable amount of information missing from this
discussion tonight. She said the City Clerk has not had an opportunity yet to
present this request to Council. Brosnan asked the Chair to have the City Clerk
present the request. Brosnan added that much of the material referenced in the
Local Officers Compensation Commission were not included in the data provided
to Council.
Pastor said his support is with Councilmember McCann.
President Toy asked Terry Marecki, City Clerk, for her report on this item.
Marecki said the Local Officers Compensation Commission, at its meeting held
on June 4, 2013, adopted the following resolutions with respect to the salaries of
elected officials:
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LOCC #05-13 RESOLVED, the Local Officers Compensation Commission
hereby determines to change the salary for the Office of the Mayor from its
current rate of$105,000, to the following, paid on a bi-weekly basis:
Effective January 1, 2014 $106,600
Effective January 1, 2015 $108,200
LOCC #06-13 RESOLVED, the Local Officers Compensation Commission
hereby determines that the salary for the City Council be kept at its current level
of $16,600, to be paid on a bi-weekly basis, and the salary for the City Council
President be kept at its current level of $17,800, to be paid on a bi-weekly basis
for the 2014 and 2015 calendar years. These will be considered base salaries.
An amount of $200.00 will be deducted from this base salary for each Study
Meeting, Regular Meeting or Public Hearing missed by a Council member or the
Council President after a grace period of five (5) absences for any reason.
LOCC #07-13 RESOLVED, the Local Officers Compensation Commission
hereby determines to change the salary for the Office of the City Clerk from its
current level of$74,000, to the following, paid on a bi-weekly basis:
Effective January 1, 2014 $74,500
Effective January 1, 2015 $75,000
LOCC #08-13 RESOLVED, the Local Officers Compensation Commission
hereby determines to change the salary for the Office of the City Treasurer from
its current level of$70,900, to the following, paid on a bi-weekly basis:
Effective January 1, 2014 $72,950
Effective January 1, 2015 $75,000
This determination has been filed with the City Clerk on June 7, 2013, in
accordance with Section 2.48.030 of Chapter 2.48, Local Officers Compensation
Commission, which provides that thirty (30) days following this filing this
determination will be effective unless rejected by two-thirds of the members of
the City Council.
Brosnan offered the resolution requesting all of the same reports and handouts
that were provided to the Local Officers Compensation Commissioners at their
meeting of June 4, 2013.
Brosnan said she had a copy of the report that Councilmembers McCann and
Pastor had requested and said she would be glad to share her copy and make
part of the public record.
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She said the minutes of the Local Officers Compensation Commission meeting
indicated that they based their decision to increase the Mayor's salary after
reviewing the Mayor's salaries of comparable cities. She said while that seems
like a good rationale for justify an increase in the Mayor's salary; she said she
had asked some Administrative Professionals at City Hall if they have had raises
and said they indicated no and said they are still under mandatory wage freezes
and furlough days. Brosnan said she will be supporting Robinson's resolution
denying the increases. She said it's hard to justify increasing the Mayor's salary
when staff is still having furlough days. She said that same is true for the Clerk
and Treasurer's salary. She said she wouldn't propose any increase in their
salaries at this time. She said she is familiar with the history and the reason for
the difference in their salaries. She said the Clerk had additional responsibilities
overseeing elections. She said two years ago when they re-appropriated that role
to the Deputy Clerk and increased that salary to adjust for that. At that time it
probably would have been smart to adjust down the Clerk's salary.
Brosnan offered the resolution referring the matter of reducing the Clerk's salary
to the Legislative Committee, in an effort to have parity between the Clerk and
Treasurer's salaries, for its report and recommendation, for the Regular Agenda.
Brosnan said that if accountability is truly the reasoning for the proposed
repayment of elected Councilmember's salaries due to poor attendance, she
feels that it should be across the board accountability for all elected officials, the
Mayor, the Clerk, the Treasurer, and the Judges. She said some of the people in
those offices have had illnesses that have caused extended absences and she
said nobody is asking them to repay a portion of their salaries. She said she
doesn't believe that accountability is truly the reasoning but if it is, across the
board accountability for all elected officials is fair.
McCann said the Mayor's salary used to be tie-barred with the Judge's salary
years ago; about $138,000 annually is what it should be at this point. He said he
is sure Mayor Kirksey will get by just fine without a raise; however, when we look
for people to run this City we want the absolute best to run the Fire Department,
we want the absolute best to run the Police Department. Those positions get paid
more than the Mayor, the figurehead of the City. Mayor Kirksey is always here he
puts in 50 to 60 hours per week. He attends the meetings. He rarely takes a
vacation. If you want somebody that dedicated and you want to be able to draw
the best people to do it, you can't do it when you're saying there are 26 people in
the City that make more money than you. He said the Mayor's salary needs to be
tie-barred to the Judges. He feels that would be the appropriate thing to do.
Robinson said he is saddened by the discussion here tonight. He said he agreed
with Brosnan. He said if there is concern about accountability of whether or not
the people who have been elected are actually doing their job, it should be
applied fairly across the board for all positions. Robinson requested a report from
the Administration showing details of attendance records of all Councilmembers
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serving including Committee Meetings for each year of service; he indicated he
would like that information prior to the voting meeting.
Mayor Kirksey said the salary of the Office of the Mayor was discussed at the
meeting of the Local Officers Compensation Commission. Mayor Kirksey said he
asked that they not increase his salary but they said they had to consider what
would attract a new mayor when his term is up. He said if the salary increase is
approved that he plans to donate any increase to the Nehasil Memorial Fund.
Christopher Martin, 11037 Hubbard, suggested having an alternate
Councilmember. He said it would be a great learning experience for someone.
President Toy said the Councilmembers put in a lot of hours behind the scenes
and all work hard and care deeply about the City. She said the question brought
up here tonight is whether or not they agree or disagree with the
recommendation of the Local Officers Compensation Committee. She said it is
only fair the get some more background information before they make a decision
on this matter.
Brosnan offered the resolution requesting a report from the Administration
showing details of entire benefit package for all Councilmembers serving for the
Regular Agenda.
DIRECTION: 1) DENYING — CLERK, TREASURER REGULAR
& MAYOR
2) DENYING — TREASURER & MAYOR
REDUCING CLERK'S SALARY
3) REFER TO LEGISLATIVE COMMITTEE
IF A COUNCILMEMBER'S ATTENDANCE
IS BELOW 75% THEY MUST REPAY 50%
OF THEIR SALARY
4) REQUEST FROM ADMIN FOR COPIES OF
ALL REPORTS & HANDOUTS FROM THE
L.O.C.C. MEETING OF JUNE 47 2013
5) REQUEST FROM ADMIN FOR A REPORT
SHOWING DETAILS OF ENTIRE BENEFIT
PACKAGE FOR ALL COUNCILMEMBERS
SERVING
7. REQUEST TO DESIGNATE THE OBSERVER & ECCENTRIC NEWSPAPERS
INC. AS THE CITY'S OFFICIAL NEWSPAPER: Office of the City Clerk, re: for
the period of May 1, 2013 through May 1, 2015, with no change in fees from the
prior agreement. (CR 447-06)
Brosnan offered the approving resolution for the Consent Agenda.
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DIRECTION: APPROVING CONSENT
8. REQUEST TO PURCHASE REPLACEMENT IN-CAR VIDEO SYSTEMS AND
REQUEST TO WAIVE THE FORMAL BIDDING PROCESS: Division of Police,
re: for the purchase of 40 in-car video systems, a wireless upload solution, and
an upgrade to the server to store the data from the current in-car video vendor,
ICOP, from budgeted funds with a grant reimbursement of$50,000.00.
Police Chief Curtis Caid presented the request to Council. He said the Livonia
Division of Police is requesting authorization to waive the sealed bid process to
purchase 40 replacement in-car video systems and related equipment. This
project has three (3) components: 40 in-car video systems; a wireless upload
solution; and an upgrade to the server to store the data. They propose to
purchase this solution from ICOP, which is also their current in-car video vendor.
In early 2013, they began investigating a replacement for their current in-car
video system as the equipment is 6 years old and at end-of-life. Personnel from
data processing, patrol operations, support services, vehicle maintenance, and
administration met individually with 6 of the leading vendors of this technology.
All vendors were given the same specifications and were allowed to conduct a
hands-on demonstration, including a Power Point presentation. ICOP was
overwhelmingly selected as the preferred vendor. The police department has had
a very good relationship with ICOP, and they respectfully request to purchase the
ICOP In-car Video Solution for a total price of $311,293.84; funds are budgeted
for this expenditure. They have received a federal grant for this purchase, which
will reimburse the city $50,000.00. The cost to the city will be $261,293.84;
however, they must pay the full amount of $311,293.84 and then request
reimbursement. They request to purchase these items from ICOP, A Safety
Vision Company, 6100 W. Sam Houston Parkway North, Houston, TX 77041
(713) 896-6600. Chief Caid was ready to answer any questions from Council.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
9. REQUEST TO ADJUST WATER AND SEWER CONSUMPTION RATES,
INDUSTRIAL SURCHARGE RATE AND INDUSTRIAL WASTE CONTROL
CHARGE: Public Service Division, re: to become effective with the first billing
on or after July 1, 2013.
Donald Rohraff, Superintendent, Public Service Division, presented the request
to Council. This report provides a review of the performance of the Water and
Sewer Fund for FY 2012, as well as a recommendation to adjust the water and
sewer rates to Livonia customers, including charges to some of the
commercial/industrial customers in Livonia. The following four ( 4) topics are
discussed in this report:
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• Overview of adjustment to current rate structure
• A review of the Water and Sewer Fund performance for FY 2012
• Projected Water and Sewer Fund rate adjustments for 2013
• Recommended rate adjustments
Overview of Adjustment to Current Rate Structure
The Department of Public Service and the Finance Department have worked
together over the last year analyzing the new rate structure. Some of the areas
examined were the effects on the budget, how the average Livonia resident has
been impacted, and if the new rate structure has performed as planned. The full
effects of the new structure have not been fully recognized due to the July 1,
2012, implementation. We started the new billing in the middle of the high water
usage months. The current summer higher-usage data will need to be collected
to analyze the full impact of the first-year rate structure changes. The
investigation of the impact on average users has shown that small shifts are
needed to the unit charge, as well as to the fixed component. There is a
proposed reduction of the fixed charge along with a slight increase to the per unit
charge. With 10 months data collected, the new rate structure appears to be an
appropriate billing strategy. The proposed rate structure adjustment focuses on
rates from July 1, 2013, through June 30, 2014, taking into account the upcoming
expenses for the Water and Sewer Fund.
A Review of the Water and Sewer Fund Performance for
Fiscal Year 2012
The Water and Sewer Fund experienced a net operating loss of $1,592,305
before contributions from Developers and grant reimbursements (reference
Attachment III). As of November 30,2012, we only have seen six months of the
effect of the new rate structure that was implemented in 2012. The operating loss
was due to utilizing the old rate structure that did not include the full fixed cost
from December 1, 2011, to May 31, 2012. In regards to the water Joss last year,
the system experienced a loss rate of 9.76%, which is considered a moderate
loss rate for a water distribution system based on the size of our community.
Projected Water and Sewer Fund Rate Adjustments for 2013
Wholesale Charges:
The Detroit Water and Sewerage Department (DWSD) and Wayne County
wholesale charges to the City of Livonia for 2013 are shown below in Table 1.
Each unit is 100 cubic feet.
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TABLE 1
Description 2012 2013 $change/% change
DWSD per unit{water) $ 1.02 $ 1.07 $.05/+4.9%
Wayne County per unit{sewer) $ 1.12 $ 1.15 $.03/+2.7%
DWSD Fixed Cost per month {water) $369,443 $385,645 $16,202/+4.4%
Wayne County Fixed Cost per month
{sewer) $622,606 $621,782 $824/-0.1%
The DWSD is also adjusting the Industrial Surcharge Rates and the Industrial
Waste Control Charges. All four of the Industrial Surcharge Rates will be
increasing. The Industrial Waste Control Charges, which are based on meter
size, will also be increasing. Both the Industrial Surcharge Rate and the Industrial
Waste Control Charges affect only commercial and industrial customers. These
charges have historically been a pass through to the affected customer without
any additional charge by the City of Livonia.
City of Livonia Charges:
This year we are recommending an increase of $0.16 per 100 cubic feet for local
expenses. It should be noted that the increase this year is due in part to the
adjustment being made to help lower the fixed cost applied to the average
Livonia resident. A continued effort is being focused on Operating and
Maintenance expense and Overtime to keep costs within budgeted numbers. All
policies and procedures are being examined to look at ways of remaining as
efficient as possible. The department has had an increase of 25-30% on its water
main breaks since December 1, 2012. Monitoring of these breaks will continue,
looking for trends, weather conditions and at our own infrastructure for answers.
Only 67% of DWSD and Wayne County's total fixed costs are passed through to
our customers, with the remaining 33% being included in the per-unit charges for
water and sewer.
Summary and Recommendations
DWSD has a 4.4% increase in both the fixed and per unit commodity rates for
the 2013/2014 water rates. The 2013 monthly fixed charges will be $385,645, an
increase from the 2012 monthly fixed charges of $369,443. There is also an
increase of 4.6% in the Industrial Waste Control Charge and a 12% increase for
the Industrial Pollutant Surcharge charges. DWSD has reduced its operating
budgets by 8.3% for water and 5.6% for sewage. On April 29, 2013, Wayne
County released the 2013/2014 rates. The 2013/2014 sewer per unit commodity
rate will have a 2.7% increase. The 2013 monthly fixed charges will be $621,782
decreased from the 2012 monthly fixed charges of $622,606. This decrease is
due to a "look back" adjustment that has been applied to the current year rates in
the amount of $500,000. Wayne County has an increase of 2% in its budgeted
O&M expenses. In July of 2012 the City of Livonia per unit rate was decreased
by 40%. This year, the proposed increase to the average residential user is
3.08%. Even with this rate change, Livonia rates are much lower than most
surrounding communities.
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Coline Coleman, Chief Accountant, presented the proposed rate revisions.
Robinson commended Don Rohraff and Coline Coleman and the staff for their
hard work on this item.
Robinson offered the approving resolution for the Regular Agenda.
Brosnan said this item is in the Infrastructure and Community Transit Committee
at this time. At their meeting held June 10, 2013 they had an opportunity to
discuss the proposed rate adjustments and future challenges.
President Toy said Mr. Orr, Emergency Financial Manager for the City of Detroit,
is continuing his work on identifying problems and coming up with solutions. As
we take a closer look at salaries, there is one person working DWSD that is
making over $200,000 and has almost $100,000 in his pension. He is only in his
40's, if he lives to age 80 he will get a pension over $4,000,000. Toy said she is
very disturbed about this kind of behavior; this is what is helping to drive up our
rates. Also, there are EPA violations driving up our rates. President Toy said
there are currently two House Bills in Lansing; these are an effort to declare the
DWSD as part of the Public Service Commission as a utility. Then there would be
some oversight of salaries and monitoring of violations. She said Judge Cox
rejected the authority that others wanted to put in. So now, it is up to Mr. Orr.
McCann said it is atrocious what is going on down at the DWSD. Some slow
progress is being made, unfortunately until we get control and it becomes a
regional board where you can get accountability there is only so much they can
do.
DIRECTION: APPROVING REGULAR
10. REQUEST TO APPROVE AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT)
AND THE CITY OF LIVONIA; AND REQUEST TO AUTHORIZE
APPROPRIATION AND EXPENDITURE: Engineering Division, re: for Phase
One (EB Schoolcraft Road from West of Newburgh Road to Farmington Road) is
estimated at $385,100 with 81.85% Federal funds and 18.15% (estimated at
$697900) City of Livonia funds; for Phase Two (EB Schoolcraft Road from
Farmington Road to Inkster Road and WB Schoolcraft from Inkster Road to
Newburgh Road) estimated cost to the City of Livonia is $51,570 that is not
reimbursable; with a reimbursement for Phase One of $41,861 for the
construction engineering services.
Todd Zilincik, City Engineer, said the Engineering Division is in receipt of an
agreement between the Michigan Department of Transportation (MDOT) and the
City of Livonia for the concrete pavement repair and pavement marking work
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along Eastbound (EB) and Westbound (WB) Schoolcraft Road from
approximately 3,575 feet west of Newburgh Road to Inkster Road; and all
together with necessary related work. The contract is required to be returned to
MDOT within 35 days from the date of their letter, May 23, 2013, to allow the
project to proceed forward. MDOT has anticipated bidding the project with a bid
opening of June 21, 2013. The total project cost of Phase One (EB Schoolcraft
Road from West of Newburgh Road to Farmington Road) is estimated at
$385,100 with the City of Livonia participation estimated at $69,900. The total
cost includes construction engineering (CE) in the amount of $50,200. This
places the breakdown at 81.85% Federal and 18.15% for the City of Livonia. No
working capital deposit is required for this project. The City of Livonia was
previously responsible for the design costs related to this road improvement
project. For Phase Two of this project (EB Schoolcraft Road from Farmington
Road to Inkster Road and WB Schoolcraft from Inkster Road to Newburgh
Road), the MDOT has provided an additional $230,000 to be placed toward
concrete patching due to the impending 1-96 reconstruction. The design and
construction engineering costs for this project are the responsibility of the City of
Livonia and are not reimbursable. The City of Livonia's estimated participation for
Phase Two is $51,570 ($17,250 for design and $34,500 for construction
engineering). This will bring the City of Livonia's estimated participation for the
two phases to a total of $121,650.00 with $41,861 to be reimbursed for the
construction engineering (CE) services for Phase One. The proposed agreement
had been reviewed by the Engineering Division and has been reviewed as to
form by the Department of Law. Based on the above information, it is
recommended that the City Council take the following actions:
• Authorize the Mayor and the City Clerk to execute this agreement for and on
behalf of the City of Livonia.
• Authorize an expenditure of $69,900 from funds budgeted for this project in
the Major Street Fund - City Participation in County and MDOT Projects
Account.
• Authorize AEW to enter into a third party agreement with the Michigan
Department of Transportation for CE services. (Pursuant to Council
Resolution No. 34-13, adopted February 11, 2013, a contract amendment
was approved for the construction engineering with Anderson, Eckstein and
Westrick, Inc.)
• Authorize an expenditure of $51,750 from fund budgeted in the Major Street
Fund- City Participation in County and MDOT Projects Account to Anderson,
Eckstein & Westrick, Inc., 51301 Schoenherr Road, Shelby Township,
Michigan 48315 for the $230,000 portion provided by the Michigan
Department of Transportation.
• Authorize an expenditure in an amount not to exceed $5,000 from budgeted
funds in the Contractual Services - Engineering Account to Northwest
Consultants, Inc. (NCI), 44978 Ford Road, Suite A, Canton, Michigan 48187,
in the event of a mitigation issue.
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Zilincik said there will be an MDOT Public Meeting regarding the 1-96
Reconstruction Project held on September 18, 2013; he was ready to answer any
questions Council may have.
Pastor offered the approving resolution for the Consent Agenda.
Brosnan said this item was also discussed in the Infrastructure and Community
Transit Committee. She asked Zilincik if the City had any say in the selection of
contractors. He replied saying no that it is all done by MDOT. She asked him if
there was an avenue to voice any concerns regarding any of the contractors on
the project back to MDOT. Zilincik said he is sure with a project of this magnitude
there will be a liaison from MDOT to help resolve any issues.
DIRECTION: APPROVING CONSENT
11. SITE PLAN PETITION: Planning Commission, re: Petition 2013-04-08-04
submitted by ABA Investment, L.L.C. in connection with a proposal to demolish
and reconstruct the gas station (Mobil) located on the southwest corner of Five
Mile Road and Middlebelt Road (29401 Five Mile Road) in the Northeast 1/4 of
Section 23.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. He said this petition involves a request to demolish and
reconstruct the existing Mobil gas station located on the southwest corner of Five
Mile Road and Middlebelt Road. On May 9, 2007, this site received site plan
approval (CR#217-07) to demolish and reconstruct the existing gas station. No
work was ever done on this site, and following one (1) year of no activity, the
approved site plan became null and void. The new proposed request is very
similar to the previously approved plans. The location and configuration of the
existing island canopy and gas pumps would not change. The proposed one-
story convenience store/gas station would be located in the southwest corner of
the site with its main entrance facing east in the direction of Middlebelt Road. The
footprint of the new structure would have a gross floor area of 3,528 square feet.
This is the same configuration and approximate size of the previous approved
station. The majority of the interior space of the new station would be utilized for
the sale and display of convenience items. The remainder of the floor area would
consist of a utility area, walk-in coolers and stacking room, his and her
bathrooms, a cashier space, and an office. Required parking for this gas station
would require a total of 19 parking spaces. The site plan shows that there will be
a total of 11 parking spaces available. Because of the deficient parking, a
variance would be required from the Zoning Board of Appeals. On June 26,
2007, the previous plan received a variance (Appeal Case #2007-06-38) for
deficient parking. The deficiency was the same as the proposed plan (8 spaces),
but a condition of the variance stated that it expired in one year. Therefore, the
petitioner would have to go back to the ZBA and seek the variance for deficient
parking. It should be pointed out that ten (10) additional spaces are available in
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front of the gas pumps; however, spaces at the pumps have historically been
excluded in the required parking allowance on the basis that the sale of gasoline
is treated as a separate use independent from customers utilizing the
convenience store. The required setback for gas stations is 75 ft. from any road
rights-of-way. The proposed gas station/convenience store would be located 106
feet from Middlebelt Road, but only 64 feet from Five Mile Road. Because the
proposed building would be deficient in front yard setback from Five Mile Road, a
variance from the Zoning Board of Appeals would be required. As with the
parking deficiency, the previously approved plans were granted a variance
(Appeal Case #2007-06-38) for deficient setback. The same condition was
imposed stating that the variance would expire after one year if there was no
construction; thus, the petitioner will have to go back to the ZBA and seek a new
variance for deficient setback. The submitted site plan shows a total of six (6)
pumps, including four (4) existing pump islands that would remain in their present
location and two (2) new pump islands. There is a single existing overhead
canopy structure that measures approximately 120 feet in length and would
cover all of existing and proposed pump islands. The existing canopy runs
parallel to Middlebelt Road, and is supported by several of steel columns. In the
past, the City has required these support columns to be brick. In this case, staff is
not aware of any changes being made to the overhead canopy. The general
landscaping regulations require that not less than 15% of the total area of the lot
or parcel be landscaped. The landscaping shown on the submitted site plan
equals 15% of the total site, and therefore would meet the minimum landscape
requirement. Taormina briefly described where they were in the process.
Taormina recalled that this item was tabled to allow the petitioner an opportunity
to provide some additional information regarding the design of the building and to
incorporate some changes as well. With the initial design, there was confusion
regarding the color scheme as well as some of the materials. They were showing
significantly more E.I.F.S. on the design than what the current plan shows. The
latest and much improved rendering of what the building would look like is all
masonry construction. They've eliminated all of the E.I.F.S. bands that were
shown on the earlier design. The petitioner is present and has brought some
samples of the materials that will be utilized.
Hakim Shakir, P.E., Engineering Services, Inc., 32232 Schoolcraft Road, Suite
C-3, Livonia, Michigan 48150. Stated he is the project engineer. He brought
samples of the materials that are to be utilized to pass around to the
Councilmembers. He said the owner is here with him tonight to answer any
questions from the Council.
Alex Ali, 15408 Auburndale, owner of the business was present to answer any
questions from the Council.
Brosnan offered the approving resolution for the Consent Agenda.
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Kritzman did point out that the material samples were not brick as stipulated by
the Planning Commission. Taormina stated the petitioner is aware of the
stipulation and stated he would conform to the stipulation.
DIRECTION: APPROVING CONSENT
12. REQUEST TO AUTHORIZE SETTLEMENT PAYMENT TO RICHARD AND
REBECCA SHRINER- Department of Law, re: for sewer backups that occurred
in their home located at 28521 Terrence, Livonia, MI 48154 caused by a sanitary
sewer lead being compromised.
Don Knapp, City Attorney, presented the request to the Council. He said as
Council may know, there is ongoing litigation that arose out of the torrential rains
that occurred May 25, 2011. Among those residents who made claims are
Richard and Rebecca Shriner ("Shriners"), who reside at 28521 Terrence. In that
May 25, 2011 was the first time that the Shriners experienced a sewer backup,
they and the City of Livonia ("City") assumed that weather was the reason for the
unfortunate incident. However, because the Shriners experienced a subsequent
sewer backup on or about December 21, 2012, they hired a plumber to televise
their sanitary sewer lead to determine whether there was an obstruction or other
problem associated with it. The investigation revealed that the sanitary sewer
lead was compromised. He said after learning of the damage, Richard Shriner,
who is a professional engineer, contacted City Department of Public Works
("DPW") Director Kevin Maillard to discuss his findings and seek resolution. After
the DPW and Engineering Departments reviewed the material presented by the
Shriners, Mr. Maillard, City Engineer Todd Zilincik, and DPW Superintendent of
Public Service Donald Rohraff concluded that the damage occurred in 2010 while
Hayball Transport, Inc.'s ("Hayball") subcontractor D & D Water and Sewer, Inc.
("D & D") was working in the right-of-way in front of the Shriners' home. D & D
had directionally drilled a new 8-inch high density polyethylene (HOPE) pipe to
replace the existing 8-inch water main on the south side within the right-of-way of
Terrence. D & D used a backhoe to excavate in the right-of-way to reconnect
water service leads to the new water main. In an effort to ensure that the
Shriners did not experience any further sewer backups and concern with
potential spring rain, D & D agreed to expose the new water main constructed
and repair the damaged sanitary sewer lead. In the meantime, discussions were
ongoing to determine responsibility to pay for damages suffered by the Shriners
with D & D, Hayball, the DPW, Engineering, and the Law Department. The
sanitary sewer lead was repaired on April 4, 2013 before there was any
substantial spring rain. Since that date, there have been no sewer backups.
Moreover, in that there were no other sewer backups in the immediate area
arising out of the May 25, 2011 rain, we are confident that Shriners sewer
backups were the result of the compromised sanitary sewer line. Since it was
apparent that the Shriners' sewer backups were proximately caused by the
compromised sanitary sewer lead (exposed area on top of the vitrified clay pipe
with pieces hanging down), the Shriners withdrew from participation in Domino v.
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City of Livonia, which is the lawsuit filed by Macuga, Liddle, and Dubin, P.C.
related to the May 25, 2011 severe weather. The Shriners advised that they
would retain an attorney and bring an individual lawsuit against the City if the
parties could not come to an agreement regarding an appropriate level of
compensation. Mr. and Mrs. Shriner, who had a finished basement, claimed
$38,300 in damages, which included costs to (1) pump out the sewage and
disinfect the basement, (2) replace drywall, carpeting, and moldings, and (3)
reimburse for the items lost because of the contact with sewage. Understanding
that, Mr. Maillard, Mr. Zilincik, Mr. Rohraff, and Knapp met with representatives
from Hayball as well as D & D to discuss contribution to cover the cost of
compensating the Shriners. Unfortunately, Hayball and D & D each adamantly
refused to contribute any funds toward settlement. Therefore, in an effort to
mitigate the City's damages, Knapp met with the Shriners and negotiated a
settlement of $29,195.00 to resolve any and all claims that they could bring
related to the May 25, 2011 and the December 21, 2012 sewer backups. In
Knapp's opinion, it is fair and reasonable settlement in that there is little dispute
regarding liability, the amount of damages, which could include pain and
suffering, would be a jury's primary focus. As such, it is respectfully requested the
City Council authorize this proposed settlement.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
13. REAPPOINTMENT OF SAM CARAMAGNO TO THE ZONING BOARD OF
APPEALS: John R. Pastor, Council Vice President, re: for a three-year term,
which will expire on July 12, 2016.
Vice-President Pastor said he was happy to offer the reappointment of Sam
Caramagno to the Zoning Board of Appeals. He said Sam is an outstanding
member on the board.
Sam Caramagno was present and thanked Vice-President Pastor for putting him
up for consideration for reappointment. He said he enjoys serving on the board
and looks forward to working with them for the next three years.
Pastor offered the approving resolution for the Consent Agenda.
Christopher Martin, 11037 Hubbard, expressed his concerns regarding the
reappointment of Sam Caramagno to the Zoning Board of Appeals.
DIRECTION: APPROVING CONSENT
14. REAPPOINTMENT OF CRAIG S. PASTOR TO THE ZONING BOARD OF
APPEALS: Brandon M. Kritzman, Councilmember, re: for a three-year term,
which will expire on July 12, 2016.
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Kritzman said he was happy to offer the reappointment of Craig Pastor to the
Zoning Board of Appeals. He said Craig Pastor has a long history on the Zoning
Board of Appeals and said that it is valuable to have a member with a history and
who is knowledgeable of properties in the City that have a history. Kritzman said
Pastor's background in construction is also valuable as a member of the Zoning
Board of Appeals.
Craig Pastor, 20072 Parker, thanked Kritzman and the Council for their
consideration. He said he truly enjoys serving on the Zoning Board of Appeals
and looks forward to continuing his service.
Kritzman offered the approving resolution for the Regular Agenda.
Brosnan said to the Chair, in the past there has been a rotation of the
Councilmembers to make these Appointments. She said she hasn't seen the
rotation lately. She asked the Chair how is that Councilmember Kritzman comes
by this appointment at this time. President Toy replied stating there were two
appointments available, the first was Pastor's and the second was Kritzman,
because he had the most votes in the last election. She said that is the way they
have normally done these. She said there have been exceptions to the rule but
when she had the Council office staff look in the history file for Appointments to
the Zoning Board of Appeals it is more often the rule.
Brosnan expressed some concern with the process being utilized.
Brosnan offered the resolution referring the subject of Appointments to the
Zoning Board of Appeals to the Committee of the Whole. (CR 498-05)
Christopher Martin, 11037 Hubbard, expressed his concerns regarding the
reappointment of Craig Pastor to the Zoning Board of Appeals.
DIRECTION: 1) APPROVING REGULAR
2) REFERRING THE SUBJECT OF
APPOINTMENTS TO THE ZBA TO
THE COMMITTEE OF THE WHOLE
AUDIENCE COMMUNICATION:
Diane Webb, District 8 Wayne County Commissioner, 27854 Meadowbrook, invited
veterans, their families and caretakers to attend the 2nd Annual Veterans, Families &
Caretakers Event, Tuesday June 18, 2013 from 6:00 p.m. to 8:00 p.m. at VFW Post
7546, 6828 Waverly, Dearborn Heights, Michigan.
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Brosnan said that she felt the new structure of Committee Meetings has horribly
inconvenienced some people. She doesn't think the new schedule is working out too
well.
Brosnan offered the resolution to discharge Council Resolution 38-12 re. the subject of
the schedule of City Council Meetings from further discussion of the Committee of the
Whole. (CR 38-12)
DIRECTION: DISCHARGING COUNCIL RESOLUTION REGULAR
38-12 RE: SUBJECT OF THE SCHEDULE
OF CITY COUNCIL MEETINGS
FROM FURTHER DISCUSSION
OF THE COMMITTEE OF THE WHOLE
As there were no further questions or comments, President Toy adjourned the Study
Session at 10:51 p.m. on Monday, June 17, 2013.
DATED: June 28, 2013 TERRY A. MARECKI
CITY CLERK