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HomeMy WebLinkAboutCOUNCIL STUDY - 2015-11-16 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD NOVEMBER 16, 2015 Meeting was called to order at 8:45 p.m. by President Brosnan. Present: Brian Meakin, Laura Toy, Lynda Scheel, Susan Nash, Brandon Kritzman, John Pastor, and Maureen Miller Brosnan. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Economic Development and Planning; Todd Zilincik, Director of Engineering; Don Knapp, City Attorney; Susan A. Hoff, City Clerk; Jackie Higham, Office of the Council; Mayor Elect Dennis Wright and Mayor Jack Kirksey. President Brosnan announced there is new data on Item #5. Councilmember Nash wished Clerk Hoff well in her new position as Deputy City Clerk of Westland. She thanked her for her years of service to the City of Livonia. AUDIENCE COMMUNICATION: Christopher Martin, 12275 Inkster, expressed his frustration with the City over his request for some site improvements at his business on Inkster Road. He was given conflicting answers from City Staff, the Planning Commission, and Councilmembers with regard to process for his request. He said he has paid his fees and submitted his paperwork and is still waiting to be scheduled before the Zoning Board of Appeals. Vice-President Meakin offered the resolution referring the matter and requesting a report and recommendation from the Administration concerning the status of Mr. Christopher Martin's petitions to the Planning Commission and Zoning Board of Appeals. DIRECTION: REFERRING MATTER TO THE REGULAR ADMINISTRATION, REQUESTING A REPORT & RECOMMENDATION, RE: ANY PETITIONS FILED BY CHRISTOPHER MARTIN TO THE PLANNING COMMISSION AND THE ZBA NEW BUSINESS: 1. REQUEST FOR NON-PROFIT DESIGNATION: Melissa Machac, Vice Chair, Building Families First Community Development Organization, re. as required by the State of Michigan to obtain a Charitable Gaming License to allow them to conduct a raffle of a house on March 1, 2016. 2 Melissa Machac, 38099 Schoolcraft, presented her request to Council. They are asking the Livonia City Council to consider them as a local civic organization worthy of a charitable gaming license. They will use the approval to submit their state application for a charitable gaming license. They want this license to create fundraising opportunities for their organization. Nash asked Machac about the proposed fundraising they mentioned in their application to Council regarding raffling off a house. Nash asked if the taxes would be paid by the winner or how that would work. Machac replied indicating that the bulk of their activities this year focus on creating community partnerships and rehabilitating houses that are in disrepair. They want to try a fundraising idea that many nonprofits across the nation have successfully completed: a raffle of a house. The idea is that individuals (most likely those who are looking for a home or investors) would make a $100 donation to BFFCDO for the chance to win their move-in-ready house. They will state clearly that if their target amount of tickets are not sold, the $100 is considered a donation to the organization and all of the individual's private information will be kept confidential. Their goal for the number of tickets sold is 1500 (1500 x $100 = $150,000). If they do not seII1300 tickets, then they will not draw a winner and the house will remain BFFCDO's. They have consulted with the State of Michigan and their attorneys regarding the legal aspects of conducting this kind of fundraiser. They estimate that the time frame to attain approval from the local and state authorities will take 9 weeks from the time the idea is considered by the Council in a study agenda. Formal efforts to promote the fundraiser will start as soon as the state has approved both the Charitable Gaming license Qualification application and the Raffle application and assigned the raffle license number. They plan to promote the event for approximately 2 months and draw the winner on March 1, 2016. She said they the property taxes are current and they are still working out the details of the raffle regarding qualifying to participate in the raffle and responsibilities of the winner. Toy offered the approving resolution for the Consent Agenda. Kritzman asked her to give some more information on their Organization. Machac said their organization is Building Families First Community Development Organization. Their mission is rebuilding established homes for affordable buyers enabling families to achieve the American dream of upward mobility. They accomplish this mission by acquiring, rehabilitating and reselling homes to first- time homebuyers. DIRECTION: APPROVING CONSENT 2. AWARD OF BID: Department of Parks and Recreation, re: of various items of clothing for the 2016 departmental needs. 3 Ted Davis, Superintendent, Parks and Recreation, presented the request to Council. The Department of Parks and Recreation has taken bids for various types of clothing. Specifications were prepared by the Department, and an advertisement for bids was placed in the Thursday, October 15, 2015 issue of the Livonia Observer and on the MITN website. Six (6) bids were received and opened in the presence of the Bid Committee at 2:00 p.m. on October 28, 2015. The Parks and Recreation Department is asking Council to award the bid items to the low bidders for each item. Funds have been budgeted for this purpose. Bids are good for 120 days. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST TO APPROVE EXTENDING LEASE AGREEMENT WITH THE LIVONIA JUNIOR ATHLETIC LEAGUE: Department of Parks & Recreation, re: to lease Rotary Park Softball Diamonds #1, #2, #3 & #4 for a period of five (5) years, with an option to renew for an additional five (5) years if the tenant is not in default, commencing on December 1, 2015. Ted Davis, Superintendent, Parks and Recreation, presented the request to Council. The Department of Parks and Recreation respectfully requests Council's concurrence in the proposed Sublease Agreement with Livonia Junior Athletic League (LJAL) for the use and maintenance of Rotary Park Softball Diamonds 1- 4, as defined in Exhibit A provided to Council for its review. Under this five-year extension of the previous contract, the LJAL will continue to maintain the area, as well as program and schedule the four ball fields per the terms of the contact that shall commence December 1, 2015, and end on November 30, 2020. The Department of Parks & Recreation recognizes the excellent cooperation that they have with the members of Livonia Junior Athletic League and they look forward to continuing this partnership. The proposed agreement has been approved by the Livonia Parks & Recreation Commission. Nash offered the approving resolution for the Consent Agenda. President Brosnan asked Davis if they were keeping any usage logs to ensure that accessibility to all Livonia residents is available. Gerald Turnin, 15613 Woodside, President, LJAL, said they have a process for requesting field through their website. He said he knows they have rented it to Blue Cross Blue Shield in the past. He said during the softball season they are booked pretty solid President Brosnan thanked Turnin for his response. She said though her question is directed to the Department and said that she feels that as a Department of the City responsible for these City Assets and that they are 4 responsible for accountability of making sure that these facilities are available to all residents of the City of Livonia. She asked Davis if there were any complaints regarding these facilities. Davis said to the best of his knowledge they have not had any complaints within the past four months, with the exception of Jaycee Park. He said those concerns have been forwarded to the Parks and Recreation Commission and City Council and they are continuing to monitor the situation and alleviate the problem. President Brosnan said she would appreciate a report in the future concerning the usage and any complaints and/or compliments of City owned facilities that are leased, such as Greenmead, Rotary Park and Jaycee Park. DIRECTION: APPROVING CONSENT 4. REQUEST OF THE LIVONIA CIVIC ARENAS TO RENEW LEASES FOR USE OF THE DEVON-AIRE AND EDDIE EDGAR ARENAS: Department of Parks & Recreation, re: lease renewals to be for a five (5) year period commencing August 1, 2016 through July 31, 2021 for both arenas. Ted Davis, Superintendent, Parks and Recreation, presented the request to Council. LHA (Livonia Hockey Association) and LCA (Livonia Civic Arenas) have been outstanding community partners for over 20 years, initially operating Devonaire and, for the past 10 years, with Eddie Edgar and Devonaire arenas. The maintenance and operations have been exceptional and they wish to continue that long-standing positive relationship with a new agreement. This new agreement contains several changes as follows: • Removed residency requirement for LHA, as this agreement is with LCA. They do not anticipate any changes to the current residency makeup as both organizations have been positive partners in the community. • Increase the base ice rate from $180/hr. to $195/hr. for 2016/17 ice season, with annual increases thereafter of 4% or CPI, whichever is greater. • Institute a $2,000/month rental fee paid to Parks & Recreation beginning 8/1/18. Currently, there is no rental fee paid to Parks & Recreation for the LCA use of the arenas. • Learn to Skate and Figure skating programs to be offered through LCA, with assistance from Parks and Recreation. Parks & Recreation currently offers both programs at Eddie Edgar, with a yearly loss of approximately $30,000. This provision will allow this program to continue to be offered to the residents with a savings to Parks and Recreation. • Both LCA and the City of Livonia have the right to terminate the Devonaire agreement if both agree that repair or replacement of facility and/or equipment is not fiscally responsible. Devonaire is an aging facility that will 5 need major capital investment in the future to sustain its operation, which may not be in the best interest of the community. • New agreement term is 8/1/16 through 7/31/21. The Department of Parks & Recreation respectfully requests Council's concurrence in the proposed Sublease Agreement with LCA, as approved by the Livonia Parks & Recreation Commission. Toy offered the approving resolution for the Regular Agenda. President Brosnan asked Davis what improvements are planned within the next five (5) years; either by the City's Parks and Recreation Department or by the LHA. Davis said the only improvement planned by the City's Department of Parks and Recreation at this time is the roof at Devonaire; it is currently planned as a capital improvement in 2017. Glen Long, representative for LCA, said they have a full time maintenance person that does work on the compressors and Zambonis. He said they don't plan on replacing them unless they have to but noted that they do spend quite a bit maintaining them. He noted that anything on the outside is the responsibility of the City. President Brosnan said again, she would like to see reports of usage and any complaints and/or compliments regarding this leased facility, along with any plans for improvements to the facility from the Department of Parks and Recreation. She also commented on the stipulation being removed requiring residency. Davis said that was due to the agreement now being with LCA. Long explained that approximately 2 years ago there was a problem with USA Hockey Association and Livonia Hockey Association. The problem was the leasing of the ice to groups and individuals that were not members of the USA Hockey Association (i.e. schools, figure skating groups, and individuals). He said at that time he and other retired LHA board members formed LCA, a non-profit organization that strictly maintains the ice and rents it out. Pastor thanked Long for that explanation. He said it certainly sheds light on the matter at hand. President Brosnan said she believes it is critical to include the list of preferred users, specifically to include language that cites preference to Livonia residents. 6 Kritzman agreed that he would like the resolution to be amended to include the list of preferred users giving preference to Livonia residents. Toy said she was happy to amend her resolution to reflect the amendment. DIRECTION: APPROVING —AMENDING CONTRACT REGULAR TO INCLUDE LIST OF PREFERRED USERS CITING PREFERENCE TO LIVONIA RESIDENTS 5. AWARD OF CONTRACT: Department of Parks & Recreation, re: to sublease a portion of the Livonia Community Recreation Center to the Detroit Medical Center (DMC) Rehabilitation Institute of Michigan to provide health and wellness services to patrons for a period of five (5) years. President Brosnan noted there was new data, an email communication from Dave Spivey, St. Mary Mercy Hospital, dated November 4, 2015. She asked that this data be received and filed. Ted Davis, Superintendent, Parks and Recreation, presented the request to Council. The Department of Parks and Recreation has taken proposals for a sublease and health services agreement at the Livonia Community Recreation Center. Specifications were prepared by the department and an advertisement for proposals was placed in the Sunday, August 2, 2015, issue of the Livonia Observer and on the MITN website. Three (3) proposals were received and opened in the presence of the Bid Committee at 2 p.m. on September 1, 2015. Below, for Council's review, is the tabulation of proposals. Company Annual Additional Total Lease incentives Compensation Payment offered by Per Year proposer DMC Rehabilitation $48,000 $10,000 annual $58,000 Institute sponsorship of City of Michigan of Livonia Parks 261 Mack Blvd., and Recreation Detroit 48201 Department Trinity Health $36,000 N/A $36,000 Michigan d/b/a St. Mary Mercy Livonia 36475 Five Mile, Livonia 48154 7 St. John Providence $26,000 N/A $26,000 Health 27351 Dequindre, Madison Hgts., 48071 After an additional proposal from Trinity Health was submitted, it was administration's recommendation that we seek final proposals from our two most qualified entities. Two (2) proposals were received and opened in the presence of the Bid Committee at 2 p.m. on October 6, 2015. Below, for Council's review, is the tabulation of proposals. Company Annual Additional Total Lease incentives offered Compensation Payment by proposer Per Year DMC Rehabilitation $120,000 $10,000 annual $130,000 Institute sponsorship of Cit of Michigan of Livonia Parks 261 Mack Blvd., and Recreation Detroit 48201 Department Trinity Health $60,000 $20,000 annual $100,430 Michigan d/b/a St. sponsorship, Mary Mercy Livonia $20,430 for 90 36475 Five Mile, corporate Livonia 48154 memberships to LCRC Based on the proposals that we have received, we would recommend that City Council authorize the Mayor and City Clerk to execute a five-year contract with the DMC Rehabilitation Institute of Michigan, 261 Mack, Detroit, MI 48201. DMC agrees to pay the City of Livonia $120,000 per year for a total of $600,000 to sublease a portion of the community center Adult/Sr. Lounge and provide health and wellness services. In addition, they are offering a $10,000 annual sponsorship of the Parks and Recreation Department, for a total of $50,000 over the term of the contract. Attached for Council's review is their form of proposal. Proposals are good for 120 days from the date of opening. All three organizations that submitted proposals are extremely qualified and offered programs and services that would enhance our Health and Wellness component at the Community Recreation Center. DMC separated themselves, not only by offering the highest proposal, but also by having been a great partner 8 to work with in the previous five years and demonstrating their commitment to the City of Livonia and Parks and Recreation by sponsoring additional programs for the community for the next five years. Toy asked Davis what makes us so attractive to these 2 well reputable entities. She noted there was a significant increase in the annual lease payment. Davis speaks volumes about the Parks and Recreation Department and the Recreation Facility and the City of Livonia. Toy asked how long this contract would be for; Davis replied five (5) years with an option for a five (5) year renewal. President Brosnan opened the comments to the audience. Joe Taylor, 36734 Sunnydale, said he received a call about 6 weeks ago, from David Katz of DMC, who introduced Taylor to Patty Jobbitt of DMC. Katz told Taylor that they (DMC) were wanting this contract back very badly. Taylor said he attended the bid opening and in his opinion, he feels it is the best bid and supports awarding them the contract. President Brosnan asked Davis whether this was a proposal or a bid. He replied indicating they went out twice for a bid and added language the second time to include that all proposals would be final before the City awarded a contract. President Brosnan said that this was not consistent with the Finance Ordinance of the City. She said she felt he should have went out for a bid. Davis added that the entire process was approved by the Law Department and Finance Department. President Brosnan asked Knapp how this happened. Don Knapp, City Attorney, said they added the language in the second proposal to encourage the companies submitting proposals to submit their best proposal to avoid going back and forth between the two companies. He said they were not in violation of the Finance Ordinance. He reiterated that these are proposals and said it is up to the Council to determine the next course of action. He cautioned that if they rejected the DMC proposal and wanted to go with the local company, St. Mary Mercy Hospital, that they go with the first proposal from them to avoid any possible legal action. He said it is the recommendation of the Administration to approve the most recent proposal from DMC. Nash asked when the current contract was up. Davis said November 21, 2015. He said they have a letter of understanding with DMC to continue through the end of the year. Meakin offered the approving resolution for the Consent Agenda. 9 Toy asked that it be placed on the Regular Agenda. Dave Spivey, President, St. Mary Mercy Hospital, addressed Council. He gave compelling reasons why the Council should choose St. Mary Mercy Hospital. He said he welcomes the opportunity to form a new business relationship with the City. He added that they have many valuable resources to offer and he feels that they are the best choice for Livonia. Patty Jobbitt, Vice-President of Operations, Sports Medicine, DMC, addressed Council. She gave compelling reasons why the Council should choose DMC. She said they have the experience and expertise. They have been doing this for many years. They are attentive to the needs of the facility and the community. She said in response to an earlier question, why does everyone want to come to Livonia; she said the location is great, the people are great, their relationship for the past 5 years with the staff and members of the facility and residents of the community has been a positive experience that DMC would like to continue for the next 5, 10, or 15 years. Toy asked Jobbitt if their services offered at the Recreation Center were paid through this contract or how that works. Jobbitt replied that part of their services are paid through the contract and some are billed to the patient's healthcare insurance. Dan West, President, Livonia Chamber of Commerce, spoke in support of St. Mary Mercy Hospital. He said they have been a vital part of the community for decades and is one of the City's leading employers. He said they are conveniently located within the City. Also, a great supporter of community events. They are also one of the City's leading tax payers. Recently, reinvesting in the community development efforts in the community. He said for these reasons alone, he feels that they deserve the utmost consideration in this matter. Christopher Martin, resident, said he thinks it would be best for all if this was discussed further in an appropriate Committee, and not rushed through. President Brosnan asked Davis when the first request for proposal issued. Davis said August 2, 2015 with a due date of September 1, 2015. President Brosnan asked Davis if he was on staff at that time. Davis replied yes. President Brosnan said her biggest problem with the request is the lack of vision and the immense amount of vision and potential she hears from both DMC and St. Mary Mercy Hospital. She said she can't help but wonder if Davis was given the opportunity to redo this request if he would perhaps look at more than just leasing space at the Recreation Center but as an opportunity to bring more services to the Community that encourages and offers the tools for residents and 10 members to be healthier. Davis responded by saying of course hindsight is 20- 20. He said that they did include in all their requests relating to this item was community based programming. President Brosnan said as it stands, she is not prepared to support this item. She said she would rather see more effort, on the City's part, in compiling the request for proposal or bid to incorporate more specific services, relating to healthcare services to be offered through the Community Recreation Center. She said this is a pivotal point in bringing those services to the community. Kritzman agreed that this is highly important and warrants further discussion. Kritzman offered the resolution referring the matter to the Committee of the Whole for its report and recommendation for the Regular Agenda. Taylor pointed out that St. Mary Mercy Hospital was at the Recreation Center first. He said maybe at that time they didn't think there was a market there for them. He said then DMC came in and started thriving over there. He said St. Mary's has now recognized there is a market and that brings us to where are now. He just wanted to make that comment and thanked Council for allowing him to comment on this item. DIRECTION: 1) RECEIVE & FILE — NEW DATA REGULAR 2) APPROVING - DMC 3) REFER TO COMMITTEE OF THE WHOLE FOR ITS REPORT & RECOMMENDATION 6. SIGN PERMIT APPLICATION: Planning Commission, re: Petition 2015-09-SN- 06 submitted by Cozy Corner Cafe, requesting approval of an additional wall sign for the restaurant located within the L.A. Plaza shopping center on the south side of Plymouth Road between Yale Avenue and Levan Road (36083 Plymouth Road) in the Northeast 1/4 of Section 32. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a request for a new sign for a new business at the L.A. Plaza shopping center on Plymouth Road. The business is called Cozy Corner Cafe, which will be occupying the northeast unit within the plaza in a space that is just under 2,500 square feet. This is before Council because of the history of sign requests involving this property and this particular unit. There was a 1986 master tenant wall sign plan that was later modified in 1992. As part of that modification, the City limited the signage on this particular unit to one sign only. He's not quite sure why because as Council can see from the pictures provided; hopefully Council will understand the need for a second wall sign on this site. This is a request for a 40 square feet sign on the west side of the unit. What they have currently is a 24 square foot sign facing Plymouth Road. The building wraps around and faces the parking interior to the site, from that side, the identity of the business is not prominent. The identification of the unit interior to the site is necessary, and that's why 11 they're proposing this 40 square foot sign. Planning Commission is recommending approval as submitted. Toy said she tends to agree, it is important for a business to be identified, and said this request seems reasonable. Harold Greenberg, Cozy Corner Cafe, 38134 Ross, Livonia, Michigan 48154. He said this is going to be a cafe, serving breakfast and lunch. He said he has 20 years of restaurant experience. He has been a business owner in Livonia for 15 years. It was a medical supply store and with the changes in the healthcare industry he couldn't survive. So he decided to go back to his roots in the restaurant business and open a cafe. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST FOR A ONE YEAR EXTENSION OF SITE PLAN PETITION: Planning Commission, re: Petition 2014-09-08-11, previously approved by the City Council on November 17, 2014, in connection with a proposal to construct additions to the nursing home located on the east side of Middlebelt Road between Lyndon Avenue and Five Mile Road (14900 Middlebelt Road) in the Northwest 1/4 of Section 24. (CR 345-14) Mark Taormina, Director of Planning and Economic Development, presented the request to Council. It is a request to extend the site plan approval previously granted to Autumnwood of Livonia. This was for some minor exterior alterations to the property. Brian Peruski, Administrator, Autumnwood of Livonia, was present to answer any questions from Council. He confirmed that they had some challenges to overcome in the long process. They've been working on the project for a year since they received site plan approval. As Council may be aware, nursing homes are highly regulated by the State so there's a number of steps that they've had to go through with the State, including a Certificate of Need, the Fire Department, the Fire Marshal's office, and the Health Engineering Bureau up in Lansing. They had previously received the Certificate of Need and the Fire Department approval, and recently they got the notice from Health Engineering that they have approved the plans and will be issuing a permit shortly. So, they're underway but it's been a long process and they're in the bidding process at the same time. They hope to start construction soon. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12 8. REQUEST TO APPROVE CONTRACT FOR CARETAKING SERVICES IN THE HISTORICAL VILLAGE AT GREENMEAD: Department of Law, re: with independent contractor, John Dupuie, for the period December 3, 2015 through November 30, 2017, with an option to renew for two (2) additional two-year terms at the discretion of the Mayor of the City. Don Knapp, City Attorney, presented the request to Council. Council has been provided with a copy of the proposed caretaker's contract between the City of Livonia and John Dupuie, who works as a Territory Manager/Representative for Anchor Wiping Cloth Company and who is also a 16th District Court Work Program Supervisor. The Department of Community Resources advertised that it was accepting applications in the Observer and Eccentric newspapers as well as the Livonia Observer website and, in response, received eight applications. Mr. Dupuie, who currently resides in Livonia, is recommended by the Community Resources based upon interviews that it conducted. As Council may recall, this contract permits the caretaker to live in the caretaker's home at Greenmead rent free with the understanding that he or she will (1) report illegal activity, (2) check the buildings and grounds at Greenmead for signs of illegal activity, (3) ensure that the buildings are secure and locked, (4) inspect for buildings for signs of water damage, (5) verify that heating, cooling, lighting, and alarm systems are properly functioning, (6) apprise the Historical Commission of any occurrences, (7) maintain the caretaker's home in neat and clean repair, and (8) be available to open buildings for events at Greenmead. The proposed contract is substantially similar to the previous contract; however, there are some minor changes. The security deposit has increased from $500 to $800. The security deposit for pets has increased from $100 to $250. The Mayor is authorized, in his or her discretion, to extend the contract under the same terms with the same tenant for two terms of two years. Finally, the contract prohibits the use, possession, and manufacture of substances that are identified as Schedule I controlled substances in the federal Controlled Substances Act, as amended. John Dupuie introduced himself. He said he would be honored to oversee the property over at Greenmead. Vice-President Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President Brosnan adjourned the Study Session at 10:15 p.m. on Monday, November 16, 2015. DATED: November 25, 2015 SUSAN A. HOFF CITY CLERK