HomeMy WebLinkAboutSTUDY - 2018-06-18
REV 7/5/18
CITY OF LIVONIA – CITY COUNCIL
MINUTES OF STUDY MEETING HELD JUNE 18th, 2018
Meeting was called to order at 8:10 p.m. by President Toy. Present: Cathy White,
Kathleen McIntyre, Brian Meakin, Jim Jolly, Brandon Kritzman, Scott Bahr and Laura Toy.
Absent: None.
Elected and appointed officials present: Mark Taormina, Director of Planning and
Economic Development; Todd Zilincik, City Engineer; Paul Bernier, City Attorney; Susan
M. Nash, City Clerk; Lynda Scheel, Treasurer; James Inglis, Director of Housing; Jacob
Rushlow, Superintendent of Public Service; Don Rohraff, Director of Public Works; and
Mayor Dennis Wright.
Councilmember White reminded everyone of the upcoming Spree ’68, starting Tuesday,
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June 19 and running through Sunday, June 24 with the fireworks display at dusk. She
stated the list of activities can be found on www.livoniaspree.com.
President Toy stated that Councilmember White is the City Council representative on the
Spree Committee and that Councilmember McIntyre is the alternate and that many of the
Spree workers work most of the year on it and volunteer all of their time and it’s one of
the largest events in the State of Michigan. She invited everyone to come and enjoy the
Spree, that it is a great family event.
President Toy congratulated Mayor Wright and his wife Karen on the arrival of their first
grandson, Lucas Michael.
She then stated that former Trustee, Paul Kadish, passed away last night. She stated he
was an integral part of the community and was well-loved in his service to the community
and his politics, having run for State Senate at one time.
President Toy congratulated all of the recent graduates from the local schools and wished
them much success in the future.
AUDIENCE COMMUNICATION: None.
NEW BUSINESS:
1. REQUEST TO UPDATE CITY COUNCIL FROM THE SENIOR ALLIANCE:
Suzanne M. Radocaj, Executive Assistant, The Senior Alliance, re: Jason
Maciejewski, Chief Planning & Information Officer, on their programs.
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President Toy stated that Jason Maciejewski was not present but that Angie
Winton, HR Director for the Senior Alliance, will provide the update on his behalf.
A folder of information was provided to Council.
Winton stated that once a year they visit each of their thirty-four communities to let
them know about their services and also let them know how their local match helps
them provide services to their residents. Each community pays a local match to
the Senior Alliance, with Livonia matching $8,044, that is noted on the report
contained in the blue folders, and those funds help provide many services to our
residents, one example being the State Health Insurance Program (SHIP), what
used to be known as MMAP, the State of Michigan is now going along with the
National Standard of using SHIP as the acronym. She indicated that program
helped save 6,649 clients in their service area, over 1.6 million dollars in fiscal year
2017. The SHIP team consists mostly of volunteers who help individuals navigate
complex Medicare and Medicaid systems. That is a service available to anybody
in the thirty-four southern and western Wayne County communities participating in
the Senior Alliance and it is free to anyone enrolling in Medicaid and Medicare.
She went on to state that in fiscal year 2017, 937 clients were served from their
agency, 472 clients were served in information and assistance from their call
center. She indicated that 184 clients were served in their in-home programs
which include the My Choice Medicaid waiver, which is a program that helps
nursing facility medical eligible individuals to stay in their home.
The Nursing Facility Transition Program helps people that are in a nursing facility
transition back into the community. And the Care Management and Case
Coordination Services provides services to anyone over the age of 60, in-home
services such as personal care and homemaking.
Thirteen clients were served in their in-house nonemergency transportation
program with a total of forty-eight rides. There are five vehicles that provide
nonemergency medical transportation outside of what a lot of cities themselves
provide.
Two hundred and sixty-eight clients were served in nutrition programs which most
people know as Meals on Wheels.
She stated they operate on a budget of almost 30 million dollars and is very proud
to report that only about 4 percent of that is used for administration expense,
meaning 96 percent of the money they get goes directly back into services.
She thanked the Council for their support and offered to participate in any outreach
events that Livonia may hold. She stated they can be contacted through their
website at www.thesenioralliance.org and a phone number of 800-815-1112. She
stated Councilmember McIntyre is on their Board and many of their committees
and thanked her for her participation.
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Councilmember McIntyre stated it is truly a privilege to serve on the Board and you
can see the difference the agency makes in people’s lives. She encouraged
everyone to refer people to their Facebook page for inquiries about assistance.
She spoke highly about Ms. Minton’s contribution to the Alliance.
President Toy thanked Ms. Minton for the update.
Meakin offered to receive and file this item for the Consent Agenda.
DIRECTION: APPROVING CONSENT
2. REQUEST TO WAIVE THE CITY’S NOISE ORDINANCE: Nabil Nouman and
Megan Irons, re: for a wedding reception with a DJ and music playing throughout
the event on Saturday, August 18, 2018, from 6:00 p.m. to 1:00 a.m. at 20341
Parker Street.
President Toy called the petitioner to the podium.
Nabil Nouman and Megan Irons, 20341 Parker Street, came to the podium to
present this item to Council.
Nouman stated the wedding ceremony will be held at Greenmead and then they
are hosting the reception at their home, with 35 or 40 invitees, with music and food.
Meakin addressed the 1:00 a.m. end time and asked the Petitioners to adhere
strictly to that time.
Nouman responded they are leaving for their honeymoon early the next morning
so they will most likely end early.
Meakin congratulated the couple and wished them well.
Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
3. REQUEST TO WAIVE THE CITY’S NOISE ORDINANCE: Tom Progar,
VegMichigan Summer Festival Coordinator, re: in order to hold the third annual
summer festival with live bands at Madonna University located at 36600
Schoolcraft on Sunday, August 5, 2018, from 12:00 p.m. to 4:30 p.m.
President Toy called the Petitioner to the podium.
Tom Progar, 21522 Green Hill Road, Apartment 134, Farmington Hills,
VegMichigan Summer Festival Coordinator, came to the podium to present this
request to Council.
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Mr. Progar stated this is their third annual event, the first two were great successes
at Madonna University. VegMichigan is a nonprofit and they partner with Madonna
and hold the benefit to promote a vegan diet and the party is held for vegans to
come out, listen to bands, and also hopefully interested and veggie curious about
a vegan diet to come out and check out great food and a good time.
He stated the bands are not loud at all and they end early.
Vice President Jolly offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
Vice President Jolly thanked Mr. Progar for bringing the festival to Livonia.
4. REQUEST TO HOLD KIMBERLY OAKS CIVIC ASSOCIATION PICNIC: Venessa
Lagerstrom, re: to be held Sunday, August 26, 2018, from 2:00 p.m. to 5:00 p.m.
at St. Rafka Church located on Lyndon and Brookfield, with no rain date requested.
President Toy invited the Petitioner to the podium.
Venessa Lagerstrom, 14066 Mayfield, Livonia, came to the podium to present this
request to Council. She stated that Kimberly Oaks Civic Association received a
grant from the City and they are utilizing those funds to hold a neighborhood picnic
to get everyone together and unify their Association with the hope that it will lead
to future fun events. There will be music, food, and a bounce house.
Vice President Jolly offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
Vice President Jolly stated it is good to see the grant money is going to good use.
President Toy stated that Vice President Jolly orchestrated the neighborhood grant
program along with others on Council as well.
Lagerstrom thanked the Council and stated she will send pictures of the event.
5. BLOCK PARTY: Rebecca Wilson, re: to be held Saturday, August 25, 2018, from
12:00 p.m. to 6:00 p.m. on Roycroft, between Levan and Comstock, with a rain
date of Sunday, August 26, 2018.
President Toy asked if the Petitioner was present.
In her absence, Councilmember White stated that the paperwork appeared to be
in order and she would offer the approving resolution for the Consent Agenda.
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White offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
6. BLOCK PARTY: Christina Zeoli, re: to be held Saturday, August 4, 2018, from
10:00 a.m. to 8:00 p.m. on Summers, from 14074 to 34713 Summers and 14092
and 34708 Summers, with a rain date of Sunday, August 5, 2018.
President Toy called the Petitioner to the podium.
Christina Zeoli, 14034 Ashurst, Livonia came to the podium to present this request
to Council. She stated they are requesting to block off the end of the street and
this is the third or fourth year they have held the event, Stoneleigh Village
Neighborhood Association.
Bahr offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
7. BLOCK PARTY: Steve Luma, re: to be held Saturday, August 4, 2018, from 1:00
p.m. to 10:00 p.m. on Lancaster Street, from Hix to Knolson, with a rain date of
Sunday, August 5, 2018.
President Toy asked if the Petitioner was present.
In his absence, Councilmember McIntyre offered the approving resolution for the
Consent Agenda as the paperwork appeared to be in order.
McIntyre offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
8. REQUEST TO WAIVE THE CITY’S NOISE ORDINANCE: Kelly Bush and
Deborah Bush, re: for a wedding reception with music at their home at 31571
Bobrich on Saturday, August 25, 2018, from 5:00 p.m. to 10:00 p.m.
President Toy invited the Petitioners to the podium.
Kelly Bush and Deborah Bush, 31571 Bobrich, Livonia, came to the podium to
present this request to Council. Deborah Bush stated that they are requesting a
waiver of the noise ordinance so that they can hold her daughter Kelly’s wedding
and reception in their backyard along with the two adjacent neighbors’ yards.
There will be a DJ playing music from 5:00 p.m. to 10:00 p.m.
President Toy asked what kind of music the DJ will be playing and Deborah
responded ‘70s and ‘80s music.
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Vice President Jolly offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
9. COLLECTION OF LIVONIA PUBLIC SCHOOL DISTRICT TAXES FOR THE
YEAR 2018: Office of the City Clerk, re: forwarding a communication from Dan
Centers, Secretary of the Board of Education, requesting the City to continue to
collect one-half of the district’s taxes with the summer tax collection and the
remaining one-half with the winter tax collection, commencing July 1, 2018.
City Clerk Susan Nash presented this request to Council.
At the direction of the Chair, this item will be received and filed for the information
of the Council
10. TAX RATE FOR THE SCHOOLCRAFT COMMUNITY COLLEGE DISTRICT FOR
THE YEAR 2018: Office of the City Clerk, re: forwarding a communication from
Dr. Glenn Cerny, Vice President and Chief Financial Officer of Schoolcraft College,
to set the rate of tax to be levied and requesting that it be collected as a summer
tax.
At the direction of the Chair, this item will be received and filed for the information
of the Council.
11. REQUEST FOR AUTHORIZATION TO PURCHASE (3) JOHN DEERE FIELD
RAKES AND (1) UTILITY TRAILER THROUGH THE STATE OF MICHIGAN BID
PROCESS: Public Service Division, re: to upgrade equipment assigned to the
Parks Maintenance Section, from budgeted funds.
Jacob Rushlow, Superintendent of Public Service, presented this request to
Council and stated he was appearing on behalf of his fellow superintendents.
He stated he was requesting authorization from budgeted funds that were
approved for the 2017 Capital Outlay Budget to purchase three John Deer 1200A
Ball Diamond Groomers and one utility trailer. The equipment will be used in the
Parks Maintenance section. One of the pieces of equipment will be stationed
primarily at Ford Field, one at Bicentennial Park and the third one will be used on
some of the other outer park diamonds which is why we need the trailer for taking
it to the other locations. They will all be used for baseball and softball diamond
maintenance work.
Through the process they tested several pieces of equipment, these ones were
chosen for their attachments for doing the ball diamond grooming. These consist
of heavy duty Scarifier plow to deal with some of the wash boring that they get
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during the process of raking the fields and a drag mat to level the material and a
snow plow to push material from the high to the low spots as needed.
Arrangements for payments are being done through the State purchasing contract
with John Deere Equipment, we are realizing about a 28 percent discount versus
what would be a retail purchase with the extended pricing here.
In summary, the department is asking City Council to approve the purchase of the
three John Deere 1200A Field Rakes and one utility trailer for a total sum amount
of $47,109.81 through service Dealer JW Turf, Inc. out of Wixom.
White offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
12. REQUEST FOR AUTHORIZATION TO PURCHASE (1) 2019 FORD F150 4X4
SUPER CAB PICK-UP TRUCK THROUGH THE STATE OF MICHIGAN BID
PROCESS: Public Service Division, re: to replace a vehicle assigned to the
Forestry Section, from budgeted funds.
Jacob Rushlow, Superintendent of Public Service, presented this request to
Council.
He stated this truck purchase was requested through budget funds from the Capital
Outlay for the 2017/2018 budget year. This is a replacement of an existing piece
of equipment, that existing vehicle will be disposed of through the auction process.
This truck will be used in the Parks Maintenance Section and the purchase will be
through the State bid process from Signature Ford of Owosso in the amount of
$30,642 for the vehicle and then there’s also outfitting of the truck, snow plow,
some packaging, there’s a spray-in bed liner, this is done through Rochester Hills
Co-Op Award Agreement, the servicing dealer for the upfitting is Truck & Trailer
and the cost for that upfitting is $14,820.00.
In summary, the department is asking City Council to approve the purchase of one
F150 4X4 Pick-Up Truck, for a total combined amount of $45,462.00 through the
two vendors mentioned.
Vice President Jolly asked if vehicles purchased with special outfitting, does it
come in with the outfitting already finished or do we have to then get it to the vendor
who does the outfitting.
Rushlow responded he would have to defer to his co-worker for that answer.
Don Rohraff, Director of Public Works, responded that when they receive the
vehicles they are completely outfitted, the dealership and the outfitter work
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together to get the truck to them and then the outfitters deliver the finished product
to the City.
President Toy inquired about what the truck is utilized for and Rohraff responded
that this vehicle is for the Forestry Division which falls under the big umbrella of
the Parks Department, so they are out there on the front line doing inspection work,
tree work, marking the spots for new plantings, identifying trees that need to be
removed.
McIntyre offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
13. REQUEST FOR AUTHORIZATION TO PURCHASE (4) 2019 FORD F250 SUPER
CAB 4X4 PICK-UP TRUCKS THROUGH THE STATE OF MICHIGAN BID
PROCESS: Public Service Division, re: to replace vehicles assigned to the Parks
Section, from budgeted funds.
Jacob Rushlow, Superintendent of Public Service, presented this request to
Council.
He stated the purchase of these four F250 Pick-up Trucks are replacements for
existing vehicles and those existing vehicles will be disposed of through the auction
process. These will be used in the Parks Maintenance Section, these are larger
than the previous one discussed, F250 with an eight-foot bed, these will also be
purchased through the State bid process from Signature Ford of Owosso in the
amount of $112,788.00. They will then go through the upfitting process for plows,
light packages for safety, bed liners, all of that through the MI-Deal and the
servicing dealer for that will be Cannon Equipment and the cost of that servicing is
$62,071.00.
Meakin offered the approving resolution for the Consent Agenda and thanked the
department for using the State of Michigan bid process for the vehicles in order to
get the best pricing.
DIRECTION: APPROVING CONSENT
14. REQUEST TO APPROVE WATER SERVICE CONTRACT AMENDMENT NO. 3
BETWEEN GREAT LAKES WATER AUTHORITY (GLWA) AND CITY OF
LIVONIA: Public Service Division, re: to make minor adjustments/corrections to
the original signed contract which will be in effect for the next four years until the
next contract reopener. (CR 246-15)
Jacob Rushlow, Superintendent of Public Service, presented this request to
Council.
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He stated this is Amendment No. 3 to the Water Service Contract between the
Great Lakes Water Authority and the City of Livonia, a copy of that was provided
in their packets. This amendment is done to the original model contract that was
signed back in 2009 which allowed for periodic contract reopeners such as the one
before them tonight to evaluate the system demands, how that’s been changing
as well as to modify our projected volume and flow values for the next four years.
The last amendments to that contract were done back in 2011 and again in 2014,
so like I said they are periodic reopener process to look at those numbers.
The Public Service Division has been working with GWLA on this model contract
reopener which has produced the proposed third amendment before Council
tonight. Through the reopener process the department has proposed adjustments
to Exhibit B values with respect to the projected annual volume and our peak hour
flow rate that’s found in the back of the amendment document. We have proposed
these revisions to more accurately reflect the consumption numbers that we’ve
been experiencing here in the City over the last three years.
It is anticipated that the proposed changes made to the contract values here for
the next four year term would have a significant positive impact on the water rates
going into at least the next year. The proposed changes would be in effect for four
years which would be 2019 through 2022 until the next contract reopener process
starts at that time.
It is the recommendation of the department that Council proceed to approve the
proposed contract amendment as presented and authorize the Clerk and Mayor to
execute this amendment.
Bahr said he was looking forward to this item because he read the letter three or
four times and he is still confused and he needs some clarification on it.
We renew these contracts ahead of time and that contract sets, is it a lump sum
amount that we’re going to pay for the water based on expected usage or it sets a
rate and if I understand correctly what we’re finding in hindsight is that what we
estimated we’re going to use more than what we actually use, is that what you’re
saying?
Rushlow responded that the 2009 contract, the actual meat of the contract, the
legal language is a three-year contract. These contract reopeners that are done
periodically are really to look at our usage as a community and usage through the
GLWA Regional Water System is, how are trends projecting, is water use up or
down. In the last few years, we’ve really been seeing a downturn in overall usage,
especially here in the City over the last three years, we’ve seen a decrease in our
water usage. What we’ve done is to propose to lower some of those values which
speaking monetarily there’s an impact to what’s called our revenue requirement
that we get from Great Lakes Water Authority saying we’re going to purchase X
amount of water over the next four years of that contract cycle on the amendment
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there’s a number that gets tied to that through their rate that shows what our
revenue requirement is to us on an annual basis. So in the lowering of our annual
volume and peak hour numbers for flow rates, we anticipate that we will see a
positive going into next year’s rate season.
Bahr stated that’s good news obviously but typically when you buy something in
bulk you get a cheaper rate. How is it by saying we’re going to buy less that our
rate goes down as well? I like the result, I’m just not understanding it.
Think of it as a consumption charge, so if you’re using 1,000 gallons of water you’ll
pay less than if you’re using 10,000 gallons of water. So it’s really a reduction in
the amount that you’re consuming overall.
Vice President Jolly asked if the Law Department had reviewed the Amendment
and Rushlow responded that Mr. Fisher had looked at it and approved it, yes.
McIntyre stated that she is not clear how consumption gets reduced and Rushlow
responded that it’s a projected consumption and that when GLWA applies revenue
requirements to the number that the City provides to them and they agree with,
when they’re setting that financial value what they’re going to apply to us for a
charge, it’s a projection, and it helps them to project things like power consumption,
staff, similar to what we do here on the DPW internally when we’re setting our fixed
fee rates for just a typical operations maintenance before even getting to the actual
water charges piece of it. So by saying that we’re going to project it to use less
water, we’re showing that that in turn applies to less costs to them operationally.
McIntyre asked what is driving us to project that we’re using less water?
Rushlow stated that they had done an analysis of the last three years of actual
water sales and it was quite a bit less than what they had in their contract that was
set four years earlier. So by looking at that and saying what did we really do over
the last four years and we actually even went a little further back to looking at four
and five years ago, too, which was a different time, too, so over the last three years
we took that average number and said let’s look at the average for the last four
years and then also put in a 10 percent operational buffer. If by chance, we have
a really hot dry summer and we use 10 percent more that what we projected, we
still have that operational buffer in there to provide us a little cushion if we use a
little more.
So it’s not that the City’s water usage over the next four years is going to decrease,
it’s you’re better able to project our usage and our projection numbers are lower
than the other rates that were in place, do I have it?
Don Rohraff, Director of Public Works, stated that the reopener is a constant look
back every time we have a reopener. So what they’re doing is reflecting what has
our trend been over the last four years, ten years, three years, whatever range that
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it has been is what we’re actually looking at. So we look back, the trend that we’re
on is actually falling. So we’re taking the opportunity to lower our numbers to be
more in line of where we’ve been and where we think we’re going moving forward
in the next year or two, the next four years. And the buffer is in there in case it
starts to bounce back up. Like Jacob had said, if it’s a hot, dry summer where we
have an increase, we still have that range. Because if we do exceed our
contractual numbers then we would be in line to possibly get a penalty. So we
don’t want that. Historically we’ve always been very conservative in trying to stay
above that number to not get into penalty range, but we’re very comfortable with
the numbers we’ve put forth, looking back and doing the analysis, sitting down with
Great Lakes Water Authority, they actually come in and they present numbers to
us on what they think it would be and we were pretty close, what we had and what
they presented to us.
McIntyre asked what is driving a decreased water consumption in the City and
Rohraff responded money, lack of watering, more water conservation through
appliances and dishwashers.
Meakin stated that in the old days when they were with the Detroit Water and
Sewer Board, if the City lowered their consumption, it cost more money. Now, with
these reopeners we can change the price and go down to a lower price for when
we’re not using as much money, correct?
Rohraff responded through the Chair when the contract was initially engaged back
in 2009, there was a five-year window, so they had a reopener after one year to
give everybody an idea of how it would go, then it went two years, then it went
three years, and then it went on a five-year cycle. He stated a lot of the difference
of what has happened since the transition since we formed the Authority is the
transparency that’s there and the willingness to sit down and everybody talk about
it as a system, all eighty-seven communities that are involved in this. Sales are
declining across the board everywhere. So you’ll hear conversations about there’s
five water treatment plants, they’re contemplating shutting one of those plants
down, trying to right size every community to get to that point to where if they can
shut down one of those plants, that’s a lot of expense that’s not getting pushed
back out to the Authority and to the communities that are involved in it. So I didn’t
answer your question exactly but the opportunity that we have to sit down and work
with them as opposed to here’s where you’re at, here’s what the projections are,
and it’s an argument going back years saying well, this isn’t when the system was
being pegged on a downslide, they always wanted to keep it a little bit higher to
keep that going, so I’m trying to answer that question the best I can
Meakin stated then it’s a good thing, the Great Lakes Water Authority, and Rohraff
responded yes. Meakin said before they were just rammed down our throat and
Rohraff said yes, that they actually have three chairs, and that he’s a co-chair, one
of six in southeast Michigan that sits down and works with Great Lakes Water
Authority along with all the other communities as a Wayne County Representative,
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so when I say transparency, it’s also the open willingness to be able to sit down
and actually know that your voice is being heard. So, yes, to your question it’s
much better.
Bahr stated he had one last question and that is when they reopen these every
three, four, five years, is this typical to see something like this or is it sometimes
up, sometimes it’s down as far as when you look at actual versus projected? I like
to budget more than I think because I’d rather be surprised in a good way than a
bad way, is this an example of that? And do we typically see this?
Rohraff responded going back that he was involved with every reopener that the
City has had, I didn’t sign the actual model contract, that happened the year before
I got here, but every year that we’ve had the opportunity for reopener, we’ve
lowered our numbers every year. And again, I think that’s system wide with every
community, if they take the time to do the analysis, follow it, trend it, it’s falling. So
this is just another step in the process of trying to right size our numbers and make
sure what we’re paying is as close with being conservative enough to not fall into
a range that could get us into trouble.
Bahr commented that it is ironic that this discussion is taking place when Council
just voted on water rates earlier tonight. He said he wanted to take this opportunity
to comment that Don Rohraff is one of the people in the City who are on the front
line and this is exactly the type of thing that I mentioned earlier, and he commended
Rohraff for his time in working on this item.
Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
15. REQUEST TO AUTHORIZE AN ADDITIONAL APPROPRIATION AND
EXPENDITURE: Engineering Division, re: for the 2018 Asphalt Road Paving
Program for the DPW Parking Lot Reconstruction Project for an additional
$349,322.00 and revise contract total to $2,796,663.55. (Contract 18-A) (CR 109-
18)
Todd Zilincik, City Engineer, presented this request to Council.
He stated they have an opportunity to take advantage of Nagle Paving who is the
asphalt contractor for this year. The maintenance fleet building is in need of repairs
around the perimeter of that facility and along the north side of the Roads barn.
Taking advantage of funding that was budgeted for this project, it allows them to
repair the asphalt barriers around the building as they park vehicles and bring in
maintenance vehicles at that location along with the employee parking lot which is
in disrepair. He is asking to waive the formal bidding process, increase the amount
of $349,322.00 for Contract 18-A and allow Nagle Paving to go ahead and move
forward with the improvements as shown on the attached copy of the letter that
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was given to Council. He stated this is project is a long time overdue and it will
provide a parking lot that is save for the employees and also safe for servicing
vehicles.
Bahr stated he does not question the need for it at all but asked if the budget was
underestimated.
Zilincik replied that they are using pricing afforded under Contract 18-A by
increasing the contract and following the unit prices included in Contract 18-A. He
stated that under Contract 18-A, it was approved for 2.47 million and the new
contract amount will now be $2,796,663.55 million.
McIntyre offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
16. REQUEST TO APPROVE AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CHARTER COUNTY OF WAYNE AND THE CITY OF
LIVONIA: Engineering Division, re: for the resurfacing of Inkster Road from Six
Mile Road to Seven Mile Road with the proposed City’s participation to be
estimated at 4.54% in the amount of $48,297.00.
Todd Zilincik, City Engineer, presented this request to Council.
Zilincik stated that this is for the resurfacing of Inkster Road from Six Mile to Seven
Mile Road in the amount of $48,297.00, of which they are asking for 50% up front
for this project. He stated the portion on the other side of Inkster Road will be
handled through Wayne County which is in Redford Township. He indicated he
will be putting some information on the website, they are anticipating beginning the
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project on June 19 and it will go through mid September with this project. He
stated the contractor for this project is Cadillac Asphalt who recently did the
Plymouth Road from Farmington to Telegraph project and also Farmington Road
from Seven to Eight Mile Road. He stated he is looking forward to working with
them and Wayne County on this project.
White offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
17. REQUEST TO RESCIND COUNCIL RESOLUTION 169-13 WHICH ACCEPTED
JURISDICTION AND MAINTENANCE OF THE STORM SEWER WITHIN THE
PARZ-SAVILLE ROW SITE CONDOMINIUMS LOCATED ON THE NORTH SIDE
OF JOY ROAD, JUST WEST OF WAYNE ROAD; REQUEST TO ADVISE THE
WAYNE COUNTY DEPARTMENT OF PUBLIC SERVICES (PERMIT SECTION)
THAT THE CITY HAS APPROVED THE STORM SEWER PLANS AND WILL
ACCEPT JURISDICTION AND MAINTENANCE OF THE STORM SEWER
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WITHIN SAID PROPERTY; AND REQUEST TO AUTHORIZE THE CITY
ENGINEER TO EXECUTE A WAYNE COUNTY PERMIT ON BEHALF OF THE
CITY: Engineering Division, re: for the Parz-Saville Row Site Condominiums
located in the Southwest ¼ of Section 33 and for Saville Row Homeowners
Association to reimburse the City for any such maintenance that may become
necessary.
Todd Zilincik, City Engineer, presented this request to Council.
Zilincik stated at the request of the Law Department, through Mike Fisher, the
Engineering Department is asking the City Council to look at the consideration of
rescinding Council Resolution #169-13 that was adopted back on June 13, 2013.
If the Council accepts it, the costs will pass on to the homeowner’s association and
not the developer which was preapproved. He stated there was a revised storm
water maintenance agreement signed by Nick Kostoff who is the president of the
homeowners association.
Judy Coleman,17386 Farmington Road, Livonia, 48152, who represents Brad and
Kelly Pinkham who are two of the homeowners and are officers on the
homeowners association as well, with their address being 8858 Saville Row and
who have concerns about the last line of the agreement which passes the liability
and the costs to the homeowners association if there’s something wrong with this
storm drain. At one point or another they had requested that it be camera’d
because something had been poured into it. The problem is that the relationship
with the developer has been toxic and they have gone back and forth on these
issues and have not gotten that particular issue resolved. So the continuing
concern is if the cost is passed on to them and there is some sort of environmental
liability or some huge cost, it’s going to end up back in their laps. They had brought
it up to the developer on numerous occasions that they wanted the drain camera’d.
She also pointed out that apparently Wayne County never really approved or
inspected the drain and doesn’t know what the protocol is on that. The real issue
is if there is some sort of environmental liability or really costly repair that needs to
be done because of things that were being dumped in this storm sewer, there will
be major liability that will fall onto the homeowners association and the
homeowners so they are in disagreement with the President of the association for
saying they will take over liability for this.
Brad Pinkham, 8858 Saville Row, Vice President of the homeowners association,
stated that this issue which would pass costs on to the owners of the five homes
in the association, stated they witnessed when the house next door was being built
that the contractors poured some grout or cement down the sewer. He stated he
pointed that out to the developer by email, by phone, by text, and never got a
satisfactory reply. He went on to say they subsequently contacted the DEQ who
said it needed to be investigated and suggested that a scope be put down. He
indicated that he was under the impression that the president of the homeowners
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association would have to get approval of the rest of the board in order to act on
behalf of the association and that was not done.
Vice President Jolly appreciates the concerns but feels that their Board needs to
make some sort of resolution and determination before this matter is brought to
Council. He asked Pinkham if his understanding was correct, that Pinkham stated
that the President agreed on behalf of the Board to do something and Pinkham
said that was what he did state. Jolly continued on by saying it sounds like that’s
an issue through the Board and would have no problem looking at the situation or
looking into it further, but doesn’t believe an individual board member has the
authority to speak on behalf of the association at this point.
Pinkham responded by saying that Kostoff did not have authority to represent the
association singularly.
Jolly stated that the Board needs to figure this out and come before Council one
way or another before asking City Council to act on the matter.
Paul Bernier, City Attorney, agreed with Jolly’s statement and indicated he had a
discussion with Mr. Zilincik today and talked about this issue and other issues
dealing with this development. There may be problems within how the Board isn’t
communicating with each other and not following their own internal policies. He
continued by stating that if the Board’s internal bylaws call for a majority vote but
the President of the association signed off on it and as a City that is what they look
as he’s the representative of the Board. Now, I don’t know what their internal
bylaws say because it’s not a real concern of the City’s at this point, it may be
something that Council wants to take into consideration when making a decision
on this, whether or not the citizens or residents are happy with it. But as far as the
actual legal, that’s an internal matter for their own Board, their own condo
association.
Coleman responded that she can see where Bernier is coming from by saying that
but the problem in her legal opinion means that the City Council can’t make a
decision either way on this because you’ve been presented something by the
President saying one thing and you’re being told by the Vice President something
else. So either way Council would have to have something proving that the
association agreed on this.
Vice President Jolly stated he respects Coleman’s opinion but does not agree. He
said when the original agreement was made, the president appeared who had
apparent authority on behalf of the association which the City took on face value.
At this point it only further complicates things to take the Vice President as having
that apparent authority as well. He stated he is not comfortable acting on this item
and said he thinks they should do something on their side as a Board resolution.
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Pinkham replied by saying he is not intending to say that he has the authority to
override what the President said or that his opinion should be considered but
Council believed he was representing everybody but he wasn’t.
Coleman stated that she understood that Jolly’s statements were in agreement
with what she had stated, that Council couldn’t really do anything either way and
that is all they want.
Jolly replied by saying if the President appeared as the President of the
Association and agreed to something as the President of the Association, there
needs to be some kind of action on behalf of the Association to come back and
ask to do something else. He stated he doesn’t believe that asking to rescind
something at this point is not appropriate and there has to be some type of action
or resolution from their Board indicating who speaks on behalf of the Board.
Bernier stated at some point in time the responsibility is going to go back on the
residents, the condo association, and that it’s not a question of if, it’s a question of
when. Unfortunately, this development has had a long story past, and there were
a lot of hurt feelings on both sides on this matter and the Law Department had
entered into negotiations with both the President and the attorney for the
development on this matter. So it should be as simple as who is going to take
responsibility of the system we’re talking about now but unfortunately a lot of other
items are getting also enmeshed with and intertwined with it. He stated that he
knows Mr. Zilincik has a difference of opinion on the scoping and the examining,
the flushing out, the jetting of the system, he’s had different suggestions on that
and in some respects Mr. Zilincik also wants to make sure the system is operational
and he doesn’t have problems with it.
Bahr asked through the Chair to Mr. Zilincik, did he understand Mr. Bernier’s
statement that said it’s not a matter of if, it’s a matter of when. Is this type, when
we take jurisdiction over something like this when it’s first being developed and
then is it typical for any development like this to at some point get passed back?
Zilincik responded by saying that Council approved the Wayne County Permit back
in 2013, and he was going to forward it down to Wayne County once he got the
clean bill of health. Typically they hold a soil erosion bond and once the developer
has cleaned and jetted the system making sure there are no other issues other
than the sediment there it needs to be taken out or if there’s a cracked pipe that
needs to be fixed, that way the residents are protected, then they’re all set, then
they can take it over for future maintenance of that facility. Their contention is
fourteen years later five to seven houses have been developed, they want to be
assured before this agreement goes in place and he’s sure they’ll be happy to take
it over and there is a clean bill of health, he can send it down to Wayne County
and everybody is happy. But until that point in time he can’t do anything because
stuff has been intertwined in trying to get resolution to this, he will do his job and
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make sure it gets down to Wayne County upon completion and acceptance as
required by the developer.
Bahr so what is it about this that makes it unclear whether it’s a clean bill of health?
Zilincik responded that the developer has, just like the lighting, people don’t want
to pay more than 50 bucks for lighting, dragging their feet, Dave Lear, Assistant
Engineer, provided information for people to clean the system, it never transpired
and it’s back to an argument that it’s not my responsibility, it should be the
homeowner’s responsibility.
Bahr stated if he understands correctly, from a legal perspective the President
speaks for the Association, so that has standing in itself, but it’s really up to we as
a Council, he from a legal perspective has to look at it one way and we as a Council
can do what we want here, do I understand you correctly that from a legal
perspective you see the President having a standing but from a personal
perspective as a councilman you kind of want to give it some time for them to sort
things out, is that what you’re trying to get across.
Jolly responded in the affirmative, stating that when someone presents themselves
in the capacity of the President of a Board, the other side of that conversation
accepts them as having the apparent authority to agree on behalf of the Board.
Whether or not that approval takes place on the Board side or not, I don’t
necessarily know that that’s our concern in that instance, I’m not saying any of this
is right in terms of the situation that happened at your end. At this point now that
they’re asking us to rescind something that the Board apparently had agreed to or
the Association apparently had agreed to, I think it’s overly complicated in the
grand scheme of things if you do have civil issues out there, it complicates them.
And then at the end of the day, the City is rescinding something that was already
agreed to by one party and the other party is not here, it’s overly complicated. I’m
not saying we’re not going to do anything in the long run with this but I’m just saying
on a first pass here at a study meeting tonight, I’m not ready to move forward at
all. At a bare minimum, we need further information, I’d like to hear from our Law
Department in terms of get a legal opinion of what we’re dealing with, but I’m not
ready to act, offer any kind of approval for rescinding something that happened in
the past based on the set of facts before us.
Bernier stated that he is offering a humble suggestion to the Council, a matter that
may be something should be taken up in a closed meeting. There are other
agreements, there are different agreements that we were negotiating as a Law
Department with the developer and the Association also. There has been since
this has been such an ongoing problem there have been on various sides threats
of litigation on the matter and I hesitate to discuss the entire settlement agreement
on it. That is a matter I think Council should be aware of and I think Mr. Zilincik
agrees with that. While it doesn’t affect this ultimate question of who’s going to
take responsibility, it is something that Council should also be aware of.
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Bahr said he thinks he still has the floor technically but that he would offer a
resolution to send this matter to a Closed Committee of the Whole Meeting.
Meakin asked through the Chair to the Law Department if they can do a Closed
Committee of the Whole Meeting that doesn’t involve the lawsuit particular to us.
Bernier responded that the City are potential litigants in this matter. We can’t
discuss it, while I don’t think we’re legally responsible or allegations that there
could be potential litigation against the City of Livonia and this agreement could
have an effect on it.
Jolly stated that he hopes that he hopes that everybody understands that they are
not trying to complicate this more.
Pinkham responded that there is obviously things they’re not aware of.
Jolly asked Pinkham if he knows that the City could have believed that person had
authority to do so and Pinkham responded yes.
Jolly stated he doesn’t want to complicate things at this time further. Madam
President, at this point I would offer three resolutions, an approving and a denying
and a Closed Committee Meeting of the Whole.
Bernier suggested to make a motion for the Committee of the Whole and he’ll talk
to Mr. Fisher and they will make the request if it’s appropriate to have a closed
session.
White stated she is in agreement with getting a more detailed opinion on the ability
to hold a Closed Committee and keep it as a Committee of the Whole until they
get that.
Coleman stated that they are not involved in any litigation currently with the City
and wanted everyone to know that.
Toy summarized that the resolutions on the table were an approval, a denial and
a Committee of the Whole, and the Law Department will determine whether that
will be closed or not.
Bernier stated it may make more sense to offer a Committee of the Whole
recommendation first and whether that becomes a closed session or not and then
from there they might have a little more direction on where Council wants to
proceed on the approval or denial sometime later.
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Jolly stated to clarify the record that if they were to have a Committee of the Whole
Meeting on this matter as has been proposed, that meeting itself could not become
a closed meeting. A closed meeting may be suggested out of that meeting.
Bernier stated this is something that has been going on for years and that he
doesn’t think it’s necessary, although they do want to close the door on this, there
is no need to make a decision tonight on it so the Committee of the Whole is a
wise choice for Council.
Coleman asked for clarification on the direction and President Toy described the
possible choices.
Kritzman stated that he wanted to make sure that the people at the podium
understood that the Committee of the Whole offers them the opportunity to have a
little more back and forth dialogue with Council and that obviously there is a lot of
history with this particular development that they need to wrap their heads around
as well. He further described the make-up of the Committee of the Whole and the
benefits of utilizing it in this matter.
Bahr offered the resolution to refer this matter to the Committee of the Whole.
DIRECTION: 1) APPROVING
2) DENYING
3) COMMITTEE OF THE WHOLE
18. WAIVER PETITION: Planning Commission, re: Petition 2018-04-02-09 submitted
by Allyson Andrews to operate a child day care center (Andrews Angels Academy)
on the south side of Seven Mile Road between Purlingbrook and Merriman Roads
(30931 Seven Mile Road) in the Northwest ¼ of Section 11.
At the direction of the Chair, because the Petitioner was not present at the meeting,
this agenda item was moved to the next Study Meeting of Council.
19. WAIVER PETITION: Planning Commission, re: Petition 2018-05-02-11 submitted
by CESO, Inc. to renovate the existing Speedway gas station, including demolition
of the existing building, construction of a new gas station and the operation of a
limited service restaurant (Speedy Café) at the northwest corner of Seven Mile and
Newburgh Roads (37416 Seven Mile Road) in the Southeast ¼ of Section 6.
Mark Taormina presented this request to Council.
He stated that this involves the complete reconstruction of the Speedway Gas
Station at the corner of Seven Mile and Newburgh Roads. The gas station
currently has a store that is roughly 2,413 square feet in size, that would be
removed and replaced with a new store in the same general location that would be
about 2,600 square feet and would still remain about 19 feet off the north property
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line for those of you familiar property line there is the Fountain Plaza that is zoned
C-2 located immediately to the north of this property. Office Zones are dental office
to the west and some residential homes to the west as well. The new gas station
site would include a series of new seven pumps that would run parallel along
Seven Mile Road with the capacity to accommodate 28 vehicles, so it would be a
substantial increase relative to the number of patrons using the pumps at this
location. The Petitioner described to the Planning Commission this would provide
much greater efficiency with respect for the use and the operations at this location.
This would also represent an increase in the amount of parking available on the
site, the Ordinance requires 32 parking spaces, this plan shows for 37 spaces and
the slight surplus in parking is also to accommodate the plaza to the north because
what this does is add 50 additional feet to the gas station property so currently they
have 200 feet of frontage on Seven Mile Road, this would increase it to 250 feet
and by doing that it moves some of the parking available to the strip mall to the
north but through the cross parking access agreement and a connection via the
north, that parking would be available for both uses. As indicated the pumps would
be located pretty much parallel to Seven Mile Road, the canopy is fully conforming
with respect to its placement on the site and setbacks from both Seven Mile and
Newburgh Road, however the height of the canopy is slightly greater than what the
Ordinance allows, that being a limitation of 18 feet and the canopy here extends
to a height of 21 feet. This is consistent with the existent canopy that will be
removed. The resolution indicates that approval of the excess height would have
to go back to the Zoning Board of Appeals for approval, however the Council does
have the authority to waive that height requirement. One change to the prepared
resolution would be that a separate resolution be presented to Council should this
move forward that would allow for that increased height.
There is a small café, this follows the model throughout much of their sites, offers
a small café with seating for 17, those seats are in the interior of the restaurant,
the small patio provided in the southeast corner, there is a semi enclosed outdoor
sales area so all of the ice machines, the propane exchange machines, those
things are now going to be located on the west side of the building under a semi-
enclosed or walled in area that is adjacent to the trash enclosure which is at the
southwest corner of the building as well. The one issue that does require Zoning
Board of Appeals approval is the signage. So the Ordinance allows 100 square
feet of signs that can be placed either on the face of the building or on the fascia
of the canopy. This plan shows the number of signs both on the building and on
the fascia of the canopy totaling about 125 square feet, so that is something that
will require Zoning Board of Appeals approval. And with that, Madam Chair, I
would be happy to answer any questions.
Mandy Gauss, CESO, Inc. 13060 Old US 27, Dewitt, MI 48820, came to the
podium. She stated that she appreciates the Council having them at the meeting
to look at the site. She indicated that this will be a complete rebuild of the site, so
all the underground storage tanks, all the piping, everything will be coming out and
all brand new technology will be coming back in. When they do that CESO has its
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own environmental team that will be there monitoring everything, if anything needs
to be remediated at that time they take care of it while it’s opened up. Just to kind
of give you an idea, everything from above and below ground will be coming out
and all new technology will be going back in. So it definitely will be a nice upgrade
to the site. The configuration, you don’t think you’ll get a lot more use, however
with the other existing site, it is currently a stacked canopy so the dispensers are
actually lined up and down next to each other, so for vehicles to get in and access
a lot of times you have to wait for another vehicle to clear or you’re trying to pull
around, trying to get in and out, by allowing and having the additional width and
going to what’s referred to as a dive-in canopy, it does allow for a lot more
maneuvering on site and it also allows for the parking in front of the building. There
area again three spaces that are set aside basically for the site to the north so
they’re not deficient on parking. So actually 36 is required and they have 37, so
there is one additional space as well.
The outdoor seating area is over to the east side of the building, that has eight
seats, they are permanent tables, they are bolted down, the umbrellas are like a
metal umbrella so for maintenance it is clean, they will look nice, they will maintain
it and keep it up very nice. And there is also a fence around that area to help
protect it from vehicles and try to delineate the outdoor seating area from the
parking area.
There is the outdoor storage area on the west side of the building, that is going to
be screen height wall, it will screen everything that will be within that area will be
below the height of that wall, so it will not be visible from Bethany or Seven Mile or
Newburgh. There will be access to it along the front between the building and
storage area, the sidewalk is open so there is not a wall on this front side but it will
be screened by the building so it can be accessed to get ice and propane in that
location but without having the visibility of it.
Access wise we are removing one of the access drives on Seven Mile Road and
also modifying the access drive on Newburgh to be a right in, right out, and that
was determined based on a traffic study that was prepared.
She stated that storm water, currently there is no storm water on site but there will
be an underground detention system and it will be discharging over Seven Mile
Road.
She welcomed questions from Council.
McIntyre stated she means no disrespect, but she wondered what the restaurant
will look like as she doesn’t think she has visited a Speedway with a restaurant.
Gauss replied that it is newer to Michigan, what it is is a Speedy Café, and she
stated there is one across from her office and that she eats there probably two to
three times a week. It is super convenient, inexpensive and tastes great. There
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is no deep fryer, it’s all a convection oven, grill type set-up. You walk up, there’s
a touch screen and you custom order what you want. They have breakfast
sandwiches, panini’s, pizzas, fries, a variety of stuff. So you touch screen your
order, how you want it cooked and what you want on it, you go and get your
beverages, you go up and pay and before you get back it’s ready to go. It is
actually very fast, convenient and it allows you to customize and it’s not to be in
the window for however long.
McIntyre thanked her for the explanation.
Bahr inquired about the right in, right out on Newburgh and asked how it was
different than what it is today.
Gauss stated it does sit further north on the site today than it will in the proposed
plan and currently she knows it doesn’t 100 percent function from the study that
was conducted.
Bahr stated he understands moving it closer to the intersection. He then inquired
where the air pumps are, saying she stated it was in a walled in section?
Gauss responded the walled in area was for the propane and the ice machine and
she pointed out where the free air pumps will be located along the curb line.
Bahr asked from a parking perspective with the proposed 37 spaces, that is clearly
more than what is there today which is 14, and the Speedy Café seats 17, he’s
assuming that does not mean 17 cars, but questioned whether that many spaces
were needed.
Taormina replied that that is to satisfy the Ordinance both for this site and the retail
site to the north. So the Ordinance will allow for the easement between to satisfy
the parking requirements. Also, if you look at the aerial photograph currently
there’s parking that extends, it’s part of the lot, the area behind the store, but
nonetheless it was required to satisfy the parking behind the shopping center. The
requirements of parking in this case are based on two functions, the retail
operation within the convenience store and the seating within the café, so
combined that’s what is required.
Bahr stated the retail operation is not significantly bigger than today and Gauss
responded the existing store is 2,413 square feet and the new one is going to 4,608
square feet.
Bahr asked why is it that parking to the north is required and Taormina replied that
they purchased the westerly 50 feet and if you look at the aerial photograph right
now the Fountain Plaza includes that portion of the property extending all the way
to Seven Mile.
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Toy inquired where they could see one of these Speedy Cafes and Gauss
responded there is one on Old 27 just north of 69 and Taormina stated there is
one at Plymouth and Farmington.
Toy asked if there would outside eating in the winter and Gauss stated no, but
there is seating inside for the café.
Toy then inquired how far back to that building as it approaches the property where
the Brass Mug is at and Taormina responded that the relationship between the two
buildings will basically remain the same, the separation between the two. The
difference being with the larger building is it will extend a little bit further west and
east on the property but the distance between the buildings is the same.
Toy asked how will parking be accomplished if you park behind the building and
Gauss replied that their parking lot does surround their building, that you could
park at any one of the locations and get to the sidewalk to access the building.
Meakin asked if the Petitioner had any plans to add alcohol to their store and
Gauss replied if anything it would be a beer cave, she knows that recently some
of the gas stations have gone to that, however in past discussions there is a liquor
store too close that they would not be able to get a license here if she remembers
correctly when they discussed it early on.
Meakin asked if she would object to put a condition into the approval that there can
be no liquor license as well.
Bahr offered the approving resolution including Councilmember Meakin’s
condition.
DIRECTION: APPROVING REGULAR
NO LIQUOR LICENSE
AUDIENCE COMMUNICATION: None.
As there were no further questions or comments, President Toy adjourned the Study
Session at 9:45 p.m. on Monday, June 18, 2018.
DATED: July 2, 2018 SUSAN M. NASH
CITY CLERK