Loading...
HomeMy WebLinkAboutCOUNCIL STUDY - 2012-03-12 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD MARCH 12, 2012 Meeting was called to order at 8:00 p.m. Present: Tom Robinson, Maureen Miller Brosnan, Brandon Kritzman, Joe Laura, and Laura Toy. Absent: John Pastor and James McCann. 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 wished John Pastor and his family the best; John's mother's funeral was today. Kritzman thanked the Boy Scouts Troop 271 from St. Michael's for allowing him to host them in the Council Chambers last Thursday. Mayor Kirksey said the public will have an opportunity, March 26, 2012, to give their input on possible renewal milleages; he said the newspaper headlines made it look like it was a done deal which is not the case. He indicated more detailed information is in the City's Spring Newsletter and said anyone with questions regarding these renewal milleages may call his office for further information. President Toy announced there was new data on Items #1 and #4. President Toy announced there is an X-item that will be discussed following the Agenda. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. REQUEST TO PLACE "AMERICAN POM STATE CHAMPIONSHIP" SIGN AT WESTLAND/LIVONIA BORDER NEAR CHURCHILL HIGH SCHOOL: Diane M. Hickox, Livonia Pom Team, re: same. President Toy said this Item has been removed from the Agenda. 2. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Liuying Li in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Liuying Li was present to answer any questions from Council. She said she has passed her National Certification and wants her Massage Therapist Permit. 2 Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Calais Tuddles in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Calais Tuddles was present to answer any questions from Council. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM BL RESTAURANT OPERATIONS, LLC (A DELAWARE LIMITED LIABILITY COMPANY) TO ADD A NEW DANCE- ENTERTAINMENT PERMIT, TO BE HELD IN CONJUNCTION WITH 2011 CLASS C LICENSED BUSINESS WITH OFFICIAL PERMIT (FOOD), OUTDOOR SERVICE (1 AREA) & 2 BARS: Division of Police, re: for the business located at 37716 Six Mile, Suite A-100, Livonia, MI 48152. Jeff Hoover, 5546 Haverhill, West Bloomfield, MI 48322, presented the request to Council. He indicated his client wish to obtain a permanent permit that will allow them to host different events throughout the year without having to obtain separate one-day permits for each event. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM N.H. ENTERPRISES, INC. TO TRANSFER ALL STOCK FOR A 2011 SDM LICENSED BUSINESS WHEREIN EXISTING SOLE STOCKHOLDER, NAZIM D. HOURANY, TRANSFERS AL 1,000 SHARES OF STOCK TO NEW STOCKHOLDER, BELAL N. HOURANY (STEP 1); REQUEST TO TRANSFER OWNERSHIP OF ESCROWED 2011 SDD LICENSE ONLY FROM RDS DETROIT, INC.; AND TRANSFER LOCATION FROM 37681 FIVE MILE, LIVONIA, MICHIGAN 48152, WAYNE COUNTY, TO BE HELD IN CONJUNCTION WITH AN EXISTING 2011 SDM LICENSE (STEP 2): Division of Police, re: for the business located at 27405 Grand River, Livonia, MI 48152. 3 John Carlin, 2855 Coolidge Hwy., Suite 200, Troy, MI, presented the request to Council. He indicated that Nazim Hourany is not well and they are requesting to transfer the license into his son's name, Belal Hourany. Laura offered the approving resolution for the Regular Agenda. Brosnan asked about the SDD license transfer. Carlin indicated it was from a closed down Rite Aid Pharmacy that used to be at Five Mile and Newburgh Roads. Brosnan asked that this be placed on the Regular Agenda. Laura asked Mark Taormina, Director of Planning and Economic Development, to provide Council with an updated list of all current SDD and SDM locations. Laura asked for confirmation of the address for the Garden Party Store. Belal Hourany, 612 Norborne, Dearborn Heights, stated that the address of the business is 27405 Grand River Avenue. DIRECTION: APPROVING CONSENT 6. REQUEST TO PURCHASE A REFURBISHED GOLF COURSE IRRIGATION PUMP STATION FROM A SOLE SOURCE: Department of Parks & Recreation, re: to replace the current system that has reached the end of its life expectancy from budgeted funds. Lyle Trudell, Interim Superintendent, Parks and Recreation Department, said they are asking Council to approve the purchase of a refurbished Irrigation Pump System through the single source process, as no other refurbished systems are available for competitive bids. The single sourced product is available from Pro Pump & Controls 27962 East Broadway Walbridge, OH 43465. The irrigation pump station pumps water from the irrigation pond to the various areas on the golf course and is a vital to the operation to any golf course. Quantity Product Description Unit Price 1 Vertical Turbine Variable Speed Pump Station $55,750.00 Grand total for retrofit from Pro Pump & Controls is $55,750.00. Funds are available in their Capital Improvement Account. It is further recommended that Council authorize the said purchase without competitive bidding inasmuch as the products offered are from a single source refurbished product and no advantage to the City would result from competitive bidding. It should be noted that the refurbished products come with the same warranty offered with new like products. A comparable new system would range from $77,000 - $85,000.00. The refurbished system will provide a savings of over $20,000. The replacement of the current irrigation pump station is needed due to the fact that it is past the life expectancy of 20 +/- years. The current system has been welded to extend the life and has reached a point that catastrophic failure is likely to occur. 4 Laura offered the approving resolution for the Consent Agenda. President Toy asked Trudell how the warranty for refurbished versus new compared. He said they are the same. Robinson commended Trudell on seeking out refurbished versus new in an effort to save the City some money. He hopes that all department heads will use the same kind of thought process when replacing worn out items in their departments. Robinson asked Trudell about the funds that will be utilized for this purchase. Trudell said it would come out of the Golf Course Capital Improvement Fund. Kritzman asked Trudell if there was any value to the old system. Trudell said possibly the scrap metal may have some value. Kritzman asked Trudell what the total length of time would be to install this new system. Trudell replied about 6 to 8 weeks for shipping once they obtain approval. He deferred the question to Doug Ware, Head Greenskeeper, Doug Ware, responded by stating about 1 to 2 weeks depending upon the weather. Kritzman asked if it would be beneficial to just stockpile the refurbished system until the current system completely failed. Ware said this is the most important piece of equipment on a golf course; if that occurred in mid-July during a heat wave that would be devastating to the greens. President Toy asked which golf course this is for, Trudell replied Idyl Wyld. DIRECTION: APPROVING CONSENT 7. CITY INVESTMENT POLICY: Department of Finance, re: the Annual Report for the fiscal year ending November 30, 2011, on the investment activity of City Funds. Michael Slater, Director of Finance, said the City Investment Policy requires the Finance Department to provide the City Council with an annual report on the investment activity of City funds. This report excludes investment activity of the City's pension funds. During the year ended November 30, 2011 the City of Livonia invested surplus funds in short term Certificates of Deposit, pooled funds and interest bearing money market accounts offered by Michigan banking institutions, as well as U.S. Treasury and Agency securities. These are all authorized investments according to Michigan Public Act 20. The City evaluates each financial institution in which City funds are deposited. Only those institutions with an acceptable estimated risk level are used as depositories. For the fiscal year ended November 30, 2011, the operating portfolio averaged $86,038,531. Total interest earned on these funds totaled $461,122. The rate of return for the year was 0.54%. That exceeded the 0.31% return of the benchmark six-month Treasury Bill. At November 30, 2011, funds were invested in the bank pools, Certificates of Deposit, and U.S. Treasury and Agency Securities as follows: 5 Pooled Cash & Money Market $ 9,177,246 18% Certificates of Deposit 14,000,000 28% U.S. Treasury and Agency Securities 27,382,547 54% The pooled and the money market accounts at our banks offer the City the option of keeping cash available on demand, but with an opportunity to earn interest in the short term. Cash receipts are deposited daily and then swept into these pools. Interest is earned until the cash is needed. The City held Certificates of Deposit with banking institutions totaling $14,000,000. The certificates are purchased based on interest rate quotes received on investment day. The maturity dates are staggered in order to meet the ongoing cash flow needs of the City. The City held U.S. Treasury and Agency Securities with a value of $27,382,547. These funds are not anticipated to be needed for operating purposes for at least one year, and therefore can be invested in longer maturities to enhance yields. Generally, these securities will be held to maturity to eliminate the effect of market value fluctuations on the principal balances. Funds will continue to be invested in a conservative manner, reflecting the investment objectives of safety, liquidity, risk management and return on investment, in that order. Brosnan asked the Chair to receive and file this item on the Regular Agenda. DIRECTION: RECEIVE & FILE REGULAR 8. REQUEST TO EXTEND BID WITH ALLIE BROTHERS, INC. FOR A PERIOD OF TWO (2) YEARS: Fire & Rescue, re: for uniforms and related uniform items for the period of May 1, 2011 through May 1, 2013. (CR 174-03, CR 335-05, CR 186-07 and CR 375-09) Brosnan said she will be supporting this request. She stated that she appreciates Allie Brothers extending the current prices John Allie, Owner of Allie Brothers, Inc., was present to answer any questions from Council. President Toy asked Mr. Allie how long he has been in business here in Livonia; Mr. Allie replied 40 years. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REQUEST TO AUTHORIZE APPROPRIATION AND EXPENDITURE: Water and Sewer Board, Public Service Division, re: to enable payment to the contractor, Liqui-Force Services, Inc., for the emergency repair and replacement work on the sanitary sewer main at Morlock and Middlebelt (Hartland/Dorvin Nursing Home). 6 Donald Rohraff, Superintendent, Public Service, presented the request to Council. Brosnan asked Rohraff if it was a result of an aging system or what the cause of the problem was. Rohraff replied, yes it was due to an aging system. Brosnan recalled a similar situation last year near Awrey's Bakery. She noted that it was determined the responsibility of that repair was not entirely the City's responsibility. She inquired if that was also possible in this scenario. Rohraff said from their investigation that does not appear to be the case. Brosnan asked if they had any type of report yet from the camera scoping Rohraff said not yet, but in the very near future they will have a 5-year plan. Brosnan asked if they would have that within the next month. Rohraff deferred the question to Todd Zilincik, City Engineer, for a better answer. Zilincik said they must first have a Public Hearing. He said along with that they will have a presentation for the Water and Sewer Presentation and will invite Council to attend that. He said there will be a meeting sometime in May, then the Public Hearing, and they have to have the plan to the DEQ by July 1, 2012. Robinson asked Rohraff to help him understand some history. He said he believes when he was not on Council there was a fee structure created to help support the proactive inspection of these drains. Rohraff said he believed Robinson was referring to the FOG Ordinance that was passed about a year ago and said that Ordinance was to help identify problem areas and give the property owners an opportunity to correct any problem through an action plan. Any failure to follow the action plan may result in a fine. Robinson asked Knapp for confirmation. Don Knapp, City Attorney, stated he is not aware of a fee schedule only the FOG Ordinance, which Mr. Rohraff has already described. Robinson asked Rohraff how the contractors are selected for these emergency repairs. He inquired how the contractors are selected and determined for these emergency repairs. Robinson asked if they had a go to list. Rohraff said yes, Sinacola is very responsive in these types of situations. Robinson asked if there was any way they could expand the list to make sure they are getting the best bang for their buck. Todd Zilincik, City Engineer, through the Chair, answered Robinson by stating they do get quotes from different vendors. He said an extreme emergency situation they typically use Sinacola. The previous situations like at Awrey's and Perkos, they did get 3 bids and discussed it with the Water and Sewer Board. He said it does depend on the nature of the emergency. Robinson said he would like any type of documentation to help justify our expenditure, for example, if a similar emergency occurred in a neighboring community, how much did they pay for the repair and is that comparable to what Livonia paid for the same type of repair. He said just something to compare to would be appreciated. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST FOR AUTHORIZATION TO EXTEND CONTRACTS WITH ORCHARD, HILTZ AND MCLIMENT, INC. AND SPALDING DeDECKER 7 ASSOCIATES, INC. FOR ON-CALL CONSTRUCTION INSPECTION AND TESTING SERVICES: Engineering Division, re: for work performed on the City of Livonia property or within the right-of-way for a one (1) year period ending November 30, 2011. (CR 252-09 and CR 382-10) Todd Zilincik, City Engineer, said they respectfully request to extend the contracts for On-Call Construction Inspection and Testing Services CR. No. 252- 09 and No. 382-10. Pursuant to Council Resolution No. 252-09, adopted June 10, 2009 and Council Resolution No. 382-10 adopted November 3, 2010, the Council approved contracts with Orchard, Hiltz & McCliment, Inc. (OHM), Spalding DeDecker Associates, Inc., (SDA), Professional Engineering Associates, Inc. (PEA) and Ken P. Buccilli, L.L.C. to provide on-call construction inspection and testing services for work performed on City of Livonia projects or within the right-of-way. The original contracts were for two years and were extended for an additional year, ending November 30, 2012. They anticipate the need for on-call inspections and testing to be very minimal this year with only a few projects that would require supplemental inspection. Instead of going out for bids, they are requesting an additional (1) one year extension of the existing contracts with only Orchard, Hiltz & McCliment, Inc. and Spalding DeDecker Associates, Inc. The reason for inclusion of these two (2) firms is that they will be already working on other projects within the City with SDA on the Police Station Front Entrance Improvements and OHM on Newburgh Road. Both companies have met or exceeded our expectations over the past three years. They have contacted each of the consulting firms concerning the possible extension of their contracts and each has expressed a desire to extend their contracts and has agreed to hold their original prices from 2009. The Engineering Department anticipates bidding out the on-call testing and inspection services in 2013 for a two year contract, with a one year extension. Kritzman offered the approving resolution for the Consent Agenda. Robinson asked Zilincik if this is an example of using contractors that were selected from a prequalified list. Zilincik replied that is correct. Robinson commended Zilincik on using this type of selection process. He was also glad to see one of the contractors is a local firm. DIRECTION: APPROVING CONSENT 11. WAIVER PETITION: Planning Commission, re: Petition 2012-01-02-01 submitted by The Health & Fortune, L.L.C. requesting waiver use approval to operate a massage establishment (Wu Xing Acupressure Massage) within the Laurel Park Place shopping center, located on the northwest corner of Six Mile Road and Newburgh Road (37700 Six Mile Road) in the Southeast '/4 of Section 7. 8 Rick Wong, 374 Arling Drive, Rochester Hills, was present along with Dan Irving, Assistant Manager of Laurel Park Mall, 19757 Maplewood, Livonia. Rick Wong stated that he respectfully requests a waiver use for his massage establishment located within Laurel Park Place Mall; he noted a change in his company name. President Toy asked Mark Taormina, Director of Planning and Economic Development, to explain why it is required. Taormina responded stated a massage establishment is permitted in the zoning district with waiver use approval. He said the establishment has been in business for a couple of years and all the therapists and apprentices have been before council and received their license approvals. However, when the business relocated to within the mall, it was discovered by at that point that they never obtain a waiver use approval and that is what brings them before Council with the request for waiver use approval. Taormina said the Planning Commission did review this request at their meeting a couple of weeks ago and they are recommending approval with conditions. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12. WAIVER PETITION: Planning Commission, re: Petition 2012-01-02-02 submitted by Tayfer, L.L.C. requesting waiver use approval to operate a second- hand store and resale shop within the Livonia Crossroads shopping center, located on the southeast corner of Plymouth Road and Middlebelt Road (11502 Middlebelt Road) in the Northwest '/4 of Section 36. Mark Taormina, Director of Planning and Economic Development, said this is a request to operate a second-hand store and resale shop within the Livonia Crossroads shopping center. The space was previously occupied by the Family Buggy Restaurant and is approximately 7,500 square feet. This request is similar to Play It Again Sports, which is a resale sports equipment store and is located in the same shopping center. Parking is adequate for the site; they are not proposing any changes. The only exterior change would be an addition of a wall sign. The Planning Commission is recommending approval with the restriction of limiting this waiver use approval to this petitioner only unless approved by Council. Taylor Bond, President of Tayfer, LLC, was present to answer any questions from Council. He displayed a picture of another store that he owns and operates for Council to have a visual picture of a similar store. He said they purchase select merchandise directly from the customer as they come to the store; they own the inventory. He said it is all upscale items and their objective has always been that when you walk through the door you can't tell the difference between new and used. They are excited about opening a location here in Livonia. 9 Laura asked Taormina how many businesses like this are already in Livonia. Taormina said there is only a handful that has gone through the process and three of those are no longer in business, there is The Consignment Outlet and Salvation Army still operating and perhaps a couple of smaller operators. Laura asked about Town Peddler; Taormina said they never went through the process to his knowledge, he said it is possible their location predates the Ordinance. Laura asked if any statistics were available for the numbers of these types of stores that are operating in neighboring communities. Taormina said he is not aware of any. Laura asked if it would be possible to attain this information. Taormina said they would have to canvass those communities and ask. Laura said he has some concerns about how this may impact the image of the City. Bond responded to Laura's question by stating there are very few stores like his in the area. He said he has owned his other store for 8 years and has been in this industry for 30 years. He said Laura is clumping all resale stores into one category; however, Bond said there are some major differences between resale, consignment and thrift stores. He said resale is the higher end because they own their own inventory. He said they feel Livonia is underservices and with this type of upscale resale and feels that they would be successful at this location. Laura said to Taormina that he would appreciate it if he could make a couple of calls to some neighboring communities, like Canton and Northville and get some statistics from them. Kritzman asked Bond to explain his selection process to Council. Bond said they get it from the local community. He said that is why this store would fit so well into the community. He said this store will accommodate kids, teens, and adults. He said nobody else has done that and that is what makes this store unique. People from Livonia and surrounding communities bring their clothing items to the store and they inspect and purchase select items from them. Kritzman thanked the petitioner for that explanation and said he feels that this store would provide a service to the community. He said he is aware of another resale store in a neighboring community that actually has its own television show called "Cash and Carry" which has resale furniture. He said he thinks this business could be successful too. Kritzman offered the approving resolution for the Regular Agenda. Laura offered the denying resolution for the Regular Agenda. Robinson offered a resolution referring the matter to the Committee of the Whole for its report and recommendation. Robinson said while he appreciate there is an Ordinance which requires a business such as this to go through this process, he also understands due to the economy that there may be more of a need for stores of this type. He said there may be more requests of this type to come before Council in the near future. He feels that some more guidelines should be in place for example, such as number 10 of stores, location, distance to similar stores, etc., some guidelines need to be defined to ensure that the City is not inundated with resale stores and dollar stores. He does not want to be too critical of resale shops but he is concerned about the City's image and feels that a policy and approach needs to be developed. Brosnan asked Bond how many Children's Orchard stores there are nationally. Bond replied about 40 stores. Brosnan asked Bond if the Ann Arbor store is the closest to Livonia. He said that was correct. Brosnan asked if there was one in Canton off of Ford Road. Bond said there used to be one there. She asked Bond if that was one of his stores and what had happened to that locations. He said the owner of that store did not renew when it came time for renewal. Brosnan asked Bond what the name of the proposed store would be. Bond replied Style Trader. Brosnan asked if there was a competitor for this store. Bond said this is the first high end resale store that will have multiple categories (childrens, teens, and adults) under one roof. Brosnan asked Bond if he had a central buyer for his store. He said not normally. He added that a certain percentage of their goods that is new, things that you just don't buy used, approximately 10% of their business, and it is usually in the area of accessories and such. Brosnan said she is not sure which way she will vote yet. She said she will make it a point to visit his Ann Arbor store while knowing it will not be exactly the same but to give her a general idea. Robinson said to Bond he is leaning toward not supporting this but that is why he offered the resolution for the Committee of the Whole. Robinson asked Bond if he would be the operator of this business he replied yes. Bond added that this location has been vacant for approximately 3 years and said this which to put a vibrant business in that location. Robinson said that he hopes that the matter does end up in the Committee of the Whole and can be discussed further. President Toy said she also hopes that it ends up in the Committee of the Whole. She noted that two Council members are absent tonight and feels the Committee of the Whole would be a good option. She also noted some concerns with congestion in the area already. She wondered why Bond chose this particular location in the City. She encourage residents to contact Council with any concerns they have regarding this request. Susan Winkler, owner of the shopping center, said they have done some renovations to the space and have visited Bond's store in Ann Arbor, she said she considers herself a responsible landlord and they wish to bring the City a good tenant and thinks that this store would be a good choice. She said there have been lots of people looking at that space that they have said no thank you to because she has felt that they were not right for the space. She said she believes they are the right tenant for the space and encourage Council to visit their other location and said she thinks they will be very happy with what they see. President Toy encouraged Ms. Winkler and Mr. Bond to go door to door to 11 some of the neighbors in that area; President Toy said she believes they will find some of those neighbors have some concerns. Bond thanked President Toy for the Council's time. Christopher Martin, 12275 Inkster Road, said he supports Bond and welcomes him and his business to the community. He said a vacant building is much less desired. Kritzman asked if the petitioner would provide Council with a complete set of proposed drawings for the proposed business. DIRECTION: 1) APPROVING REGULAR 2) DENYING 3) REFER TO COMMITTEE OF THE WHOLE X1. SIGN PERMIT APPLICATION: Planning Commission, re: Petition 2012-02-SN- 01 submitted by Joe's Meat & Seafood, requesting approval for additional wall signage for a retail unit within the Maiorana Shopping Center located on the north side of Seven Mile Road between Farmington Road and Mayfield Avenue (33066 Seven Mile Road) in the Southwest '/4 of Section 3. Mark Taormina, Director of Planning and Economic Development, said this request is a request for additional wall signage. This has been approved by the Planning Commission. He said it does require approval from the Zoning Board of Appeals. Taormina displayed some proposed drawings for the additional signage. He said it is approximately 40 square feet in size and is their store logo and will identify their connection to their adjacent store. Pam Brown, Operations Manager, was present on behalf of Joe's Produce, 33152 Seven Mile Road, to answer any questions from Council. Laura commended Brown on this project and said this is the kind of quality businesses they like to see in Livonia. Laura offered the approving resolution for the Consent Agenda. Brosnan asked Brown when they would be opening. Brown said their planned opening date is May 3, 2012; however, they are a little ahead of schedule and could possibly open a week early. Robinson echoed Laura's comments and said this is a great example of a quality business in Livonia. DIRECTION: APPROVING CONSENT 12 AUDIENCE COMMUNICATION: None. Brosnan wished everyone a Happy St. Patrick's Day and congratulated her daughter, Marie Brosnan for coming in 3rd Place in the Court of St. Bridget's. As there were no further questions or comments, President Toy adjourned the Study Session at 9:52 p.m. on Monday, March 13, 2012. DATED: March 21, 2012 TERRY A. MARECKI CITY CLERK