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HomeMy WebLinkAboutCOUNCIL STUDY - 2013-08-12 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD AUGUST 12, 2013 Meeting was called to order at 8:23 p.m. Present: Thomas Robinson, Maureen Miller Brosnan, James McCann, Joe Laura, John Pastor, and Laura Toy. Absent: Brandon Kritzman. 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. President Toy congratulated Councilmember James McCann on his 25 years of service to the City and thanked him for his hard work and dedication. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. BLOCK PARTY: Robert H. Genik, re: to be held on Saturday, October 12, 20137 from 11:30 a.m. to 8:00 p.m. on Pickford, between Whitby and Stanford, with no rain date scheduled. Robert Genik, 18376 Whitby, presented the request to Council and was ready to answer any questions Council may have. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Karen L. Werden, re: to be held on Saturday, September 7, 2013, from 2:00 p.m. to 10:00 p.m. on Flamingo, between St. Martins and Bretton, with a rain date of Sunday, September 8, 2013. Karen Werden, 19651 Flamingo, presented the request to Council and was ready to answer any questions Council may have. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. BLOCK PARTY: Michael Johnson, re: to be held on Saturday, September 14, 2013, from 1:00 p.m. to 10:00 p.m. on Hees Street, between Georgia and Hubbard, with a rain date of Saturday, September 21, 2013. 2 Michael Johnson, 32611 Hees, presented the request to Council and was ready to answer any questions Council may have. Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Paul Manoian, Blue Cross Blue Shield of Michigan, re: to allow the use of a low volume sound system in connection with their Divisional Team Building Annual Meeting which is scheduled to be held at Rotary Park on Friday, September 13, 2013, from 8:00 a.m. to 2:00 p.m. Camille Forster, Blue Cross Blue Shield, presented the request to Council and was ready to answer any questions Council may have. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Danny Fitzgerald, Classic Building Co., re: for the new home being constructed at 18328 Lathers. Todd Zilincik, City Engineer, said there are some sidewalk segments that exist on both sides of Lathers, just north of Curtis at a few houses. However, since there are no sidewalks on Lathers located midblock between Curtis and Puritan, they would recommend waiving the sidewalk at this time. Laura asked Zilincik for his take on what authority the City has in the future once they waive the sidewalk requirement should they decide in the future that a sidewalk is necessary. Laura said he didn't need an answer right this moment but said he would like a response from Zilincik. McCann said the information provided shows the surrounding homes without sidewalks. He said while he prefers sidewalks in subdivisions, an 80-foot long sidewalk from grass to grass don't provide much benefit to the neighborhood. Especially considering a tree would have to be removed. McCann offered the approving resolution for the Consent Agenda. Brosnan said there is a meeting tomorrow evening to discuss sidewalks and said the public is welcome to attend. It will be held here at City Hall in the Council 3 Chambers starting at 7:00 p.m. They will be discussing two items, the first is the Complete Streets Concept which the State of Michigan is supporting and endorsing. The second item they will be discussing is sidewalk requirements waivers; they will be discussing the possibility of whether or not to establish a fund to be paid into by recipients of sidewalk waivers to help cover the cost of future sidewalks that are installed as part of the Complete Streets Concept. Robinson said on Google Maps it appears some neighbors to this property do have sidewalks and since the petitioner isn't here to answer any questions, he would like this item moved to the next Study Meeting so that the petitioner may be present to answer their questions. Laura said Robinson makes a valid request. Laura said he supports moving this item to the next Study Meeting. At the direction of the Chair, this Item will be placed on a future Study Meeting so that the Petitioner may be present to answer any questions Council may have. 6. REQUEST TO BARRICADE CITY STREETS: Tina Schiller, Valassis, re. for a 5K Fun/Run/Walk Wellness Challenge for their employees, to be held on Saturday, October 5, 2013 from 7:30 a.m. to 10:30 a.m. on Victor Parkway, between Seven and Eight Mile and Pembroke off of Newburgh, with a rain date scheduled for Sunday, October 6, 2013. Tina Schiller, Valassis, presented the request to Council and was ready to answer any questions Council may have. Schiller did mention that she had contacted the neighboring businesses and informed them of the event they have planned. They intend to keep a portion of the street open so that traffic can still access the businesses. She said the neighboring businesses did not express any objection so long as there is access to their business. President Toy asked if they had contacted Davenport University. Schiller said she did leave a message but has not heard anything back. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST TO PURCHASE CITY-OWNED PROPERTY: Ali Albo, re: the vacant property located at 27560 Joy Road in order to establish a driveway and allow for a garage to be built. (Tax Parcel No. 46-144-99-0161-000) Ali Albo, owns the abutting property. He said his property does not have enough room to allow him to build a garage. He researched and discovered this adjacent vacant lot at 27560 Joy Road is owned by the City. He wishes to purchase the property from the City in order to build a garage. 4 Brosnan offered the approving resolution referring the request to purchase the City-owned property located at 27560 Joy Road to the Administration for its report and recommendation for the Consent Agenda. DIRECTION: REFERTO ADMINISTRATION CONSENT FOR ITS REPORT AND RECOMMENDATION 8. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Kimberly Griffin in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Kim Griffin, 14364 Bentler, Detroit, presented her request to Council and was ready to answer any questions they may have. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Beverly Osentoski in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Beverly Osentoski, 15097 Inkster, presented her request to Council and was ready to answer any questions they may have. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST TO ACCEPT PROPOSAL OF PLANTE & MORAN, LLP AND TO WAIVE THE COMPETITIVE BID PROCESS: Office of the City Clerk, re. to perform the City's annual audits for the fiscal years ending November 30, 2013 through November 30, 2017. Frank Audia was present with Brian Camiller, both here representing Plante & Moran, LLP. Brosnan said she was happy to see they lowered their cost. She said Plante & Moran has provided excellent service to the City for several years and they have an outstanding reputation. She noted it has been requested to waive the bid process, since the vendor has offered to reduce their fee considerably. Brosnan offered the approving resolution for the Consent Agenda. 5 Robinson said he is not usually supportive of waiving the bid process; however, given the City's history with the vendor and their outstanding reputation and generous reduction in cost he will be supporting the approving resolution. DIRECTION: APPROVING CONSENT 11. TAX RATE REQUEST FOR THE LIVONIA PUBLIC SCHOOL DISTRICT FOR THE 2013-14 SCHOOL YEAR: Office of the City Clerk, re: forwarding a communication from Lisa Abbey, Director of Business Services, requesting the City to collect one-half of their district's taxes with the summer tax collection and the remaining one-half with the winter tax collection, commencing July 1, 2013. President Toy said that this is a typical tax collection the City receives every year at this time. She would like to Receive and File this item. DIRECTION: RECEIVE AND FILE CONSENT 12. TAX RATE REQUEST FOR THE CLARENCEVILLE SCHOOL DISTRICT FOR THE YEAR 2013: Office of the City Clerk, re: forwarding a communication from Dave Bergeron, Assistant Superintendent, and the Board of Education setting forth the rate of tax to be levied and requesting that it be collected as a summer tax. President Toy said that this is another tax collection the City receives every year at this time. She would like to Receive and File this item. DIRECTION: RECEIVE AND FILE CONSENT 13. TAX RATE REQUEST FOR THE WAYNE COUNTY REGIONAL EDUCATIONAL SERVICE AGENCY (RESA) FOR THE YEAR 2013: Office of the City Clerk, re: forwarding a communication from Steven G. Ezikian, Deputy Superintendent, requesting that the City continue to collect 100% of their intermediate school property taxes in our summer tax collection. President Toy said that this is also another tax collection the City receives every year at this time. She would like to Receive and File this item. DIRECTION: RECEIVE AND FILE CONSENT 14. TAX RATE REQUEST FOR THE SCHOOLCRAFT COMMUNITY COLLEGE DISTRICT FOR THE YEAR 2013: Office of the City Clerk, re: forwarding a communication from Glenn Cerny, Vice President and Chief Financial Officer setting forth the rate of tax to be levied and requesting that it be collected as a summer tax. 6 President Toy said that this is also another tax collection the City receives every year at this time. She would like to Receive and File this item. DIRECTION: RECEIVE AND FILE CONSENT 15. TAX RATE REQUEST FOR OAKLAND SCHOOLS INTERMEDIATE SCHOOL DISTRICT FOR THE YEAR 2013: Office of the City Clerk, re: requesting the City to levy their millage for Special Education, Vocational Education and General Education as a summer tax. President Toy said that this is also another tax collection the City receives every year at this time. She would like to Receive and File this item. DIRECTION: RECEIVE AND FILE CONSENT 16. NOTIFICATION TO INCLUDE THE STATE EDUCATION TAX IN THE 2013 SUMMER TAX LEVY: Office of the City Clerk, re: as forwarded by the State Treasurer, Andy Dillon. President Toy said that this is also another tax collection the City receives every year at this time. She would like to Receive and File this item. DIRECTION: RECEIVE AND FILE CONSENT 17. TAX RATE REQUEST FOR THE COUNTY OF WAYNE FOR THE YEAR 2013: Office of the City Clerk, re: forwarding a communication from Philip O. Mastin III, Director, Assessment and Equalization Division, requesting that the City collect 5.6483 Charter authorized mills as part of the summer tax collection and the remainder to be collected as part of the winter tax collection. President Toy said that this is also another tax collection the City receives every year at this time. She would like to Receive and File this item. DIRECTION: RECEIVE AND FILE CONSENT 18. TAX RATE REQUEST FOR THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY FOR THE YEAR 2013: Office of the City Clerk, re: forwarding a communication from Michael T. Slater, Treasurer, setting forth the rate of tax to be levied and requesting that the City collect 2.0 mills as part of the summer tax collection. President Toy said that this is also another tax collection the City receives every year at this time. She would like to Receive and File this item. DIRECTION: RECEIVE AND FILE CONSENT 7 19. PROPOSED LOT SPLIT: Department of Assessment, re: requested by Marco Cervi, for Tax Item No. 46-100-01-0384-001, located on the west side of Cardwell Avenue between Plymouth Road and Wadsworth Avenue, 11683 Cardwell Avenue. Marco Cervi, presented his request to Council and was ready to answer any questions Council may have. Laura asked through the Chair to Mark Taormina, Director of Planning and Economic Development, to confirm that the lot width for R-1 Zoning District is 60 feet wide. Taormina said that is correct. Laura said when he looks at the map that was provided it looks like all the lots shown are 40 feet wide. Taormina replied stating they are not all 40 feet wide, he said the neighborhood contains a mix of 40, 50, 60, up to 100 feet wide lots. He said 30 to 40 percent of the neighborhood contains developed 40 foot wide lots. He said they were originally platted at 40 foot wide lots. Some owners have two and three lots. Laura asked Taormina if Council has approved similar requests in the past, as low as 40 foot wide. Taormina replied yes, Council had approved lots that narrow in the past. Laura asked Taormina to provide Council with a brief summary of the history of similar requests coming before Council. McCann recalled some of the other requests that were approved in the past up in the Clarenceville area. McCann said with the variance in lot widths in a neighborhood, the question when approving lot width waivers has to do with the density of the area and whether or not to go smaller in width. McCann said if here were to support this request he would require that it be stipulated that the face cover be a high percentage of brick and it had to be up to three quarters of the height of the structure. He recalled they had made similar requirements of previous requests. McCann asked Taormina if they could make that type of requirement with this request. Taormina deferred that question to the Law Department. Don Knapp, City Attorney, said he believes they can make that stipulation; he said if that were not the case he would advise Council prior to the voting meeting. Taormina added that with previous requests of this nature, Council usually has required that the approved construction standards for the site condominium or plat be upheld with any new construction for the split lots. Robinson said his concern that split the lot and developing both lots with new single family ranch homes would not increase the property values of surrounding homes in the neighborhood if they sell for $80,000 or $100,000. He thinks the area would be better served to put a larger home on both lots. Cervi said he disagreed and said this how the subdivision was originally developed. Robinson asked if this property was purchased through the City's Housing Commission. Taormina responded by saying he believed it was a demolition and then sold 8 through the Housing Commission. Robinson said if some could provide some more compelling information to him between now and the Regular Meeting to convince him two homes on 40 foot wide lots there would sell for a decent enough prices to increase the value of the neighborhood. He said he would remain open-minded to the matter. Laura offered the denying resolution for the Regular Agenda. McCann said he does believe they need to keep the open spaces where they can but if there is a logical reason that suggests that allowing the lot to be split will improve the area he would consider it. McCann said the proposed house plan Cervi held up earlier didn't really appeal to him. He said his concern with ranch houses that don't have garages is people have no place to store any vehicles or kids bikes or toys and they end up in the yard. He said he would be more supportive of a plan for a house that is at least 1,200 square feet with a 2 '/2 car garage with 65% brick on all four sides. President Toy asked Cervi what the houses would sell for with and without a garage. Cervi said $134,000 without a garage and $144,000 with a garage. President Toy asked if they had basements, Cervi replied yes. She asked him how long he has been building homes. He said he has been a builder for 10 years. He said he used to work for Pulte and Toll Brothers and now he is on his own. Dennis Murphy, 11684 Cardwell, lives directly across from the lot proposed to be split. He said when it was originally listed he called the realtor and was told it was a single lot and would not be divided. He said if he would have been told it could be divided he would have bought it so that it would not have been split. He said now they are proposing the remove the mature trees on the lot; divide it into two 40 foot wide lots with parking in the front of the home with a single driveway. This will make parking in the street hectic. He said previously there was one house with one garage. Christopher Martin, 12275 Inkster, said he is familiar with this neighborhood. He concurred with Mr. Murphy's statement that there was previously just one house with a garage. The house was condemned and demolished and the lot sold for $6,000. Martin said he believes it would be hard to sell those proposed homes for those prices in that neighborhood. DIRECTION: 1) APPROVING REGULAR 2) DENYING 20. REQUEST TO APPROVE A PASS THROUGH AGREEMENT BETWEEN THE SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) AND CITY OF LIVONIA COMMUNITY TRANSIT CENTER (LCTC); AND THE FEDERAL TRANSIT ADMINISTRATION (FTA) CERTIFICATIONS AND 9 ASSURANCES: Department of Community Resources, re: to begin the procurement process in order to receive the previously approved FTA grant award of $238,594, to update the Livonia Community Transit's Call Center. (CR 394-12) Felicia Cross, Program Supervisor, Community Resources, was present. She said they are seeking Council approval to approve a pass through agreement between SEMCOG and the City of Livonia Community Transit Center to begin the procurement process in order to receive the previously approved FTA grant award of$238,594, to update the Livonia Community Transit's Call Center. McCann offered the approving resolution for the Consent Agenda. Brosnan asked Cross what type of updates would be done to the Call Center. Cross responded by saying it was technological updates that would include GPS's in the busses and tablets that would include the mapping of routes. Also, reminder calls would be sent to riders confirming their requests for rides. DIRECTION: APPROVING CONSENT 21. REQUEST TO EXTEND TOWING CONTRACT FOR A PERIOD OF TWO (2) YEARS: Division of Police, re: with Livonia Towing, Inc. at the same contract terms and fees approved in 2009 and renewed in 2011, and with the same towing and storage rates set by ordinance with a clause to extend the contract for an additional year subject to a satisfactory performance. (CR 106-09 and CR 116-11) Police Chief Curtis Caid presented the request to Council. He said the vendor has agreed to keep their terms and fees the same. He said their relationship with the vendor is good and they are pleased with their performance. They are seeking Council approval to extend the contract for a period of two years. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 22. REQUEST TO REVISE THE CITY'S DEFERRED COMPENSATION PLAN ADMINISTERED BY NATIONWIDE RETIREMENT SOLUTIONS: Civil Service Department, re: to permit participant loans in accordance with applicable IRS regulations per the request of Rob Domenzain, President, Livonia Fire Fighters Union Local 1164. Bob Biga, Human Resources Director, presented the request to Council. He said the Livonia Fire Fighters Union Local 1164 has requested that the City modify its Deferred Compensation Plan program with Nationwide Retirement Solutions to provide for loans. The Internal Revenue Service has permitted Deferred 10 Compensation Programs to have loan provisions subject to certain restrictions. Nationwide Solutions is familiar with those restrictions. This would be very similar to the loan provision provided to participants through Great West. The Civil Service Commission has approved the request and is recommending Council approval. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 23. REQUEST TO APPROVE AN INTERGOVERNMENTAL AGREEMENT BETWEEN WAYNE COUNTY AND THE CITY OF LIVONIA- Department of Parks & Recreation, re: to purchase a heavy duty vinyl liner for Clement Circle Pool utilizing grant funds of$33,000.00. Lyle Trudell, Parks & Recreation Superintendent, they are seeking Council approval to enter into an Intergovernmental Agreement with Wayne County for a grant of$33,000.00 to be used toward the purchase of a heavy duty vinyl liner for Clement Circle Pool. Brosnan offered the approving resolution for the Regular Agenda. Brosnan said she would like to thank Commissioner Webb for allocating the grant money for this request. DIRECTION: APPROVING REGULAR 24. REQUEST TO EXECUTE AN AGREEMENT BETWEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) AND THE CITY OF LIVONIA FOR THE TEMPORARY WIDENING WORK ON THE LEFT-TURN LANE OF THE RAMP CONNECTING SOUTHBOUND HIGHWAY 1-275/1-96 TO 6 MILE ROAD: Engineering Division, re: in order to accommodate future reconstruction work on Highway 1-96, with the City of Livonia participation estimated to be $2,600.00, or 1.3% of the total project cost. Todd Zilincik, City Engineer, said the Engineering Division is in receipt of an agreement between the Michigan Department of Transportation and the City of Livonia for the temporary widening work on the left-turn lane of the ramp connecting southbound Highway 1-275/1-96 to 6 Mile Road in order to accommodate future reconstruction work on Highway 1-96; together with necessary related work, located within the corporate limits of the City. The total project cost is estimated at $202,700.00 with the City of Livonia participation estimated at $2,600.00. This places the breakdown of costs at 90% Federal, 8.8% MDOT and 1.3% for the City of Livonia. The proposed agreement has been reviewed by the Engineering Division and has been reviewed as to form by the Department of Law. There will be a meeting hosted by MDOT held here at City 11 Hall Auditorium on Wednesday, September 18, 2013 from 5:00 — 7:00 p.m. for residents and businesses to express any concerns in preparation of the upcoming construction project. They are seeking Council approval to execute this agreement for and on behalf of the City of Livonia and appropriation of the expenditure in the amount of$2,600.00 for this project. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 25. VACATING PETITION: Planning Commission, re: Petition 2013-05-03-01 submitted by Farmington Property L.L.C., to determine whether or not to vacate part of an existing utility easement located on the west side of Levan Road between Amrhein Road and Commerce Street (12445 and 12319 Levan Road) in the Southwest 1/4 of Section 29. McCann said this easement runs through the middle of the property where there is a building, it is not utilized and there is no practical use for it. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. Zilincik reminded everyone Menard's Grand Opening is tomorrow and encouraged the public to visit their new store on Middlebelt just south of Schoolcraft. As there were no further questions or comments, President Toy adjourned the Study Session at 9:34 p.m. on Monday, August 12, 2013. DATED: August 23, 2013 TERRY A. MARECKI CITY CLERK