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HomeMy WebLinkAboutCOUNCIL STUDY - 2013-07-01 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD JULY 1, 2013 Meeting was called to order at 8:21 p.m. Present: Joe Laura, John Pastor, Maureen Miller Brosnan, Brandon Kritzman, James McCann, and Laura Toy. Absent: Thomas Robinson. Elected and appointed officials present: Todd Zilincik, City Engineer; Scott Miller, Planner III; Don Knapp, City Attorney; Terry Marecki, City Clerk and Jack E. Kirksey, Mayor. President Toy announced there is new data on Item #4. Laura congratulated the Spree Committee and all the volunteers on another successful Spree. McCann also congratulated the Spree Committee and volunteers. He also thanked the Police and Fire Departments and all the City employees on a wonderful job making sure people had a safe and happy time at the Spree. Mayor Kirksey also congratulated the Court Work Release Program on a job well done on the clean up this morning at the Spree. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. BLOCK PARTY: Ray Franges, re: to be held on Saturday, August 3, 2013, from 2:00 p.m. to 10:00 p.m. on Brentwood, between Jacquelyn and Meadowlark, with a rain date of Sunday, August 4, 2013. Ray Franges, 14430 Brentwood, was present to answer any questions from Council. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Annemarie Posh, re: to be held on Saturday, August 10, 20137 from 2:00 p.m. to 10:00 p.m. on Woodring, between Oregon and Vermont, with a rain date of Sunday, August 11, 2013. 2 Brosnan stated the petitioner has held many block parties in the past and is usually here; all the paperwork is in order and she offered the approving resolution. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. BLOCK PARTY: Doug Kieselbach, re: to be held on Saturday, August 10, 20137 from 2:00 p.m. to 10:00 p.m. on Minton, between Merriman Rd. and Sunset, with no rain date scheduled. The petitioner was not present. President Toy said she believe that they too have held many block parties in the past. McCann said all of the paperwork is in order and he would be happy to offer the approving resolution. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. PROPOSED LOT SPLIT: Department of Assessment, re: requested by Leo Soave, Crosswinds Court Sub. Inc., for Tax Item No. 46-054-01-0021-001, located on the east side of Merriman Road, south of Six Mile Road, 16580 Merriman Road. Sam Baki, 38801 Plymouth, was present on behalf of the petitioner, Leo Soave. He provided Council with some additional information regarding the lot split. Baki described the proposed lots and provided Council with proposed site plans for two homes to be constructed; one on each of the newly split lots. He was ready to answer any questions from Council. Brosnan asked Baki if they addressed the 20 foot easement and dirt driveway that was noted by the Inspection Department. Baki replied yes and said they are not encroaching on the easement. Baki said they are willing to comply with the stipulations of the Council regarding the driveway whether to leave it for the adjoining neighbor or remove it and relocate it to the neighbor's property. Brosnan asked Scott Miller, Planner III, if it was the desire of the Administration to have the existing dirt driveway removed. Miller said that this was the first he had that they were offering to keep it or relocate it. He said they would prefer that it be removed and relocated to the neighbor's property. McCann said he would like to hear from the neighbor. Tim Johnson, 16544 Merriman Road, expressed his opposition to the lot split. He said he shares the dirt driveway with the property proposing the lot split. He said 3 several of the lots in the immediate area are an acre or more in size. He said he would like to see it stay that way. McCann asked Baki who owns the property. Baki replied, Leo Soave. Brosnan said the notes from the Inspection Department indicate there is a sunroom on the east side of the existing dwelling that is not noted on the current description. It appears that the sunroom encroaches upon what would be a side yard setback (what is the rear yard on the proposed plan). She asked Baki if they are addressing this matter. He replied yes and said they are working with Inspection Department on this issue. They will cut down the size of the sunroom so that it would not encroach into the setback. Vice-President Pastor asked Johnson (the neighbor) if this were to be approved what his preference would be for the driveway. Johnson said he would prefer that it be relocated to his property at the petitioner's expense. Zilincik said he would like to recommend that the petitioner put sidewalks on the side of the property that abuts Merriman Road. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Finance, re: to Section 050 of Title 13, Chapter 08 (Water Service Rates and Revenues) to increase the required security deposit using different deposit amounts for different types of customers and to allow delinquent water account balances for properties that have a landlord tenant agreement subject to forfeiture of deposit and possible disruption of service for nonpayment. Coline Coleman, Chief Accountant, said state law allows them to collect delinquent water and sewer account balances by transferring amounts due as of March 1, 2013 plus a penalty to tax bills that are sent to property owners on December 1, 2013. This option provides a high level of security in the matter of unpaid water and sewer bills. Another state law allows landlords to shift the responsibility for payment of water and sewer bills to tenants by filing a landlord tenant agreement with the City. The Agreement makes the water and sewer bills the sole responsibility of the tenant, eliminating the possibility of adding delinquent utility charges to property tax bills. When an Agreement is filed the City is entitled to seek a security deposit to help guarantee that they will receive compensation for water and sewer service if the charges become delinquent. The amount of security deposit they are currently able to charge is $15.00 that applies equally to all customers. In order to shield the City of Livonia from 4 unnecessary exposure to unpaid amounts, they would like to amend the Ordinance increasing the required security deposit as follows: A. $325 for single-family and two-family residential customers. B. $650 for commercial low users (5/8", 3/4" or 1" meters). C. $1,200 for commercial high users (water meters greater than 1 D. $25.000 for customers subject to Wastewater Discharge Control charges as set forth in chapter 21 of this title of the code of ordinances. If an account becomes delinquent with a balance greater than or equal to the amount of the deposit, the tenant will receive a certified letter notifying him that if payment, in cash or by money order, is not received within ten business days of the date of the letter the water service will be disconnected. A $26 fee will be charged for the turn-off, and the deposit will be forfeited. A copy of the letter will also be sent to the landlord at the address shown on the notice or affidavit. In order to restore service to the address, a new deposit must be made, by cash or money order. Any balance due, plus a $26 turn-on fee must also be paid by cash or money order. Brosnan asked Coleman to describe the various types of customers. Coleman gave a brief description of each type of user. McCann offered the approving resolution on the Regular Agenda for First Reading. DIRECTION: APPROVING — FIRST READING REGULAR 6. REQUEST FOR AUTHORIZATION TO UPGRADE THE "GASBOY" FUEL SYSTEM AND FROM SOLE SOURCE VENDOR H. DOMINE ENTERPRISES: Public Service Division, re: includes the equipment, materials software upgrade, installation and training to upgrade the current twenty (20) year old fueling system. Donald Rohraff, Superintendent of Public Service, presented the request to Council. The Department of Public Service is seeking approval for the upgrading of the city fueling system. The current system was installed over twenty (20) years ago and has been in dire need of an upgrade for the last couple of years. The Department has lost important fuel data from the continual crashes and system malfunctions due to outdated hardware and equipment. Last year the department lost three to four months' worth of data due to system failures. The fuel system is extremely useful and needs to be upgraded to allow us to monitor the fuel and track the expenses associated with the cities fuel system. The new upgrade will allow the department to move to a web-based operating system and make the information gathering process much more efficient. The fuel system is 5 for all fuel systems within the city (police/fire, DPW and the golf courses). The life expectancy of the fuel system upgrade is 20 years. The current fuel system upgrade is budgeted for $115,000.00 and was approved in the capital outlay portion of the budget for 2012-2013. The quote from H. Domine Enterprises is attached for $70,171.00. This quote includes the equipment, materials software upgrade, installation and training for the fueling system. A 10% contingency for any unforeseen conditions that may be encountered during the installation/upgrade process in the amount $7,017.00 is also being included. The Department of Public Service is requesting approval of $77,188.00 of the approved budgeted amount of $115,000. H. Domine Enterprises, Inc. from Brownstown Township, Michigan is the regional vendor that services Gasboy fuel management systems. The city has been pleased with the product and service provided by H. Domine Enterprises. The Department has inquired about the changing over to a new fueling system only to find it would be very expensive, approximately two to three times more than expensive than the proposed upgrade. The Public Service Division recommends that Council proceed as follows- 1. ollows:1. Approve the Gas boy fuel system upgrade in the amount of $77,188.00 to H. Domine Enterprises, Inc. located 20676 Sibley Road in Brownstown Township, Michigan. 2. Waive the formal bidding process in accordance with Section 3.04.140.D.4. of the Livonia Code of Ordinances, as amended, since no advantage to the City would result from a separate competitive bidding process by Livonia since H. Domine Enterprises, Inc. is the sole service provider for the Gasboy fuel management system. Kritzman asked Rohraff if he sought out other suppliers when seeking quotes to completely replace the antiquated system. Rohraff replied yes they did. Kritzman said he doesn't spending a few extra dollars now if saves more in the long run. Rohraff said the proposed upgrade to the system would bring it up to date. Kritzman asked Rohraff from a software standpoint if it was an equivalent system, Rohraff replied yes. Brosnan said it was mentioned that it would be on a web based system, she asked if this was just in terms of tracking the data. Rohraff said it will make tracking data much easier and allow them to process the data more proficiently. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. AWARD OF BID: Public Service Division, re: to purchase a Heating, Ventilation, and Air Conditioning (HVAC) Rooftop Unit for the Livonia Police Department 6 directly from the manufacturer (Trane) to be installed by the Public Service Division staff from budgeted funds. Brian Wilson, Superintendent of Public Service, presented the request to Council. The Public Service Division has taken bids for Livonia Police Department Heating, Ventilation and Air Conditioning (HVAC) Rooftop unit, in accordance with the requirements of the Finance Ordinance. Specifications were prepared by the Division, and an advertisement for bids was placed in the May 5, 2013 edition of the Livonia Observer. Bid invitations were placed on the Michigan Inter- governmental Trade Network (MITN). Five companies submitted Proposals which were opened at 2:00 p.m. on Tuesday, May 28, 2013.The purpose of this bid is to replace the existing unit that was installed over twenty five (25) years ago. The maintenance costs on the existing unit have become excessive and currently include a compressor that is failing and, just the compressor, is estimated to cost in excess of $15,000 to repair/replace. On behalf of the Police Department, the Public Service Division requested the replacement of the entire HVAC system in the 2012/2013 budget, as a capital improvement item. In addition, the Public Service Division has received a quote from the Trane Company to purchase the replacement of the HVAC unit at a cost of $71,580.00, with the installation to be accomplished with Public Service Division staff. Trane Company is the Midwest supplier of Trane equipment and is located at 37001 Industrial Rd., Livonia. This purchase is for the unit itself and is directly from the manufacturer (Trane). All of the bids specifying "Trane" would be purchased from this "Trane" dealer. As mentioned above, the Public Service Division would be handling the installation. The unit costs as well as the additional costs to lease a crane and operator to physically place the unit (estimated to be around $5,000.00), the energy management system (estimated to be $13,000.00), and the electrical work necessary (estimated to be $3,700.00) would be paid from the Capital Projects account. For the past several years, Trane HVAC equipment has been used on the vast majority of the City buildings and the relationship with their company has been outstanding. The lowest bid to replace and install this unit was $99,287.00 from Supreme Heating and Cooling, and specified the installation of a "McQuay" unit as opposed to a "Trane". This is $5,649.00 more than the cost of purchasing the unit by itself and installing it with Public Service Division staff. The second low bid, that did specify a "Trane", was $116,500.00 from Tech Mechanical. That "Trane" bid is $22,862.00 beyond the cost of purchasing the unit by itself and installing it with Public Service Division staff. It should be noted that the Building Maintenance staff stocks repair parts for Trane HVAC systems and are "certified" Trane operators having attended continuing education training provided by Trane for their equipment. It is the recommendation of the Public Service Division, that Council proceed as follows: 1. Reject the bids received for the replacement of the Industrial Rooftop unit. 2. Award a contract in an amount of $71,580.00 to Trane Company, 37001 Industrial Rd., Livonia, MI 48150, for the Industrial Rooftop unit, from budgeted funds in Capital Projects account. 7 Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. WAIVER PETITION: Planning Commission, re: Petition 2013-05-02-13 submitted by Kevin Crute to operate a gymnastic training facility (Ignite Gymnastics) located within the Livonia Trade Center on the east side of Farmington Road between CSX railroad right-of-way and Schoolcraft Road (12932 Farmington Road) in the Northwest 1/4 of Section 27. William Waugh, 18833 Myron, Owner of Ignite Gymnastics, was present. He said Kevin sends his apologies for not being able to attend tonight's meeting. Scott Miller, Planner III, presented the request to Council. He said Ignite Gymnastics is seeking to operate a gymnastic training facility within one of the industrial buildings that is part of a development currently known as the Livonia Trade Center. The subject property is zoned M-1 (Light Manufacturing), and is located on the east side of Farmington Road between the CSX railroad right-of- way and Schoolcraft Road. Approval to operate such a use falls under the provisions of Section 16.11(f) of the Zoning Ordinance, which allows athletic training schools and other indoor recreational uses in the M-1 District subject to waiver use approval. Such uses can be allowed provided that all parking and ingress/egress to the facility is designed so as not to interfere with industrial traffic in the area. The Livonia Trade Center is a four (4) building multi-tenant industrial complex with frontage on both Farmington Road and Westmore Avenue. Entirely surrounding the subject property are industrial uses. Ignite Gymnastics would occupy a 4,100 square foot unit. The petitioner is not planning any exterior building modifications in connection with this proposal. The parking requirement specified by the Zoning Ordinance for a gymnastic training facility would be one (1) parking space for each employee plus sufficient off-street space for the safe and convenient loading and unloading of students. The Livonia Trade Center has a total of two hundred fifty (250) parking spaces available, which are shared in common by all four buildings. Even though students could park anywhere on the site, there are at least thirty (30) parking spaces in close proximity of this unit, which the petitioner feels is adequate for the proposed gymnastic training facility. Presumably, students would be allowed to access the building from the rear, or south side, which is closest to the most convenient parking spaces. The Planning Commission is recommending approval. Waugh said Crute is cleaning up the property nicely and the residents in the area appear to be happy with the new businesses in the area. Brosnan offered the approving resolution for the Consent Agenda. 8 Michael Elinsky and his daughter Amber, 9331 California, expressed their support for this item. DIRECTION: APPROVING CONSENT 9. SITE PLAN PETITION: Planning Commission, re: Petition 2013-05-08-05 submitted by Design Strategies, Ltd., In connection with a proposal to expand the fueling facility (Costco) located on the southeast corner of Middlebelt Road and Schoolcraft Road (13700 Middlebelt Road) in the Northwest 1/4 of Section 25. Scott Miller, Planner III, presented the request to Council. He said Costco Wholesale is requesting approval to expand an existing fueling facility located at its store on the southeast corner of Middlebelt Road and Schoolcraft Road. This fueling station received waiver use approval (CR#58-03) on February 12, 2003. Because the use has already been established, the proposed alterations only require site plan approval. The overall Costco site is 14.89 acres in size, with approximately 696 feet of frontage on Schoolcraft Road and 873 feet along Middlebelt Road. Located on the property is a 135,924 square foot Costco store, parking for approximately 855 vehicles, and the subject fueling station. The entire site is zoned C-2 (General Business). The adjacent property to the east and south is the commercial portion of Millennium Park, also zoned C-2, General Business. The existing fueling facility is situated in the southwest corner of the site, and occupies an area that measures approximately 141' x 195'. The fueling facility presently has six (6) gas pumps, with the ability to service twelve (12) vehicles (one on each side). The gas pumps are open to Costco members only and are entirely self-serve. Next to the pumps is a small "Controller" enclosure (kiosk). This 72 square foot building is typically occupied by one person who is there to assist customers, provide security, and direct tanker truck traffic. The building also contains the monitoring equipment for the gas pumps. The existing canopy over the pumps is 18 feet in height and measures 88 feet in length, oriented parallel to Middlebelt Road. The Petitioner is proposing to install two (2) additional gas pumps south of the existing pumps. The expansion of the fueling facility would require extending the pavement and overhead canopy an additional 32 feet. The arrangement and spacing would match that of the existing pump islands. The overall length of the extended canopy would equal 120 feet. Including the new pumps, the facility would be able to accommodate a total of sixteen (16) vehicles. The area of new paving would provide the same amount of vehicle stacking for the new pumps that is available for the existing pumps. In order to accommodate the proposed expansion, the heavily planted greenbelt along the north side of the main driveway into Millennium Park would be reduced and reconfigured. The northern section of the greenbelt would be cut back approximately 33 feet to the south and reshaped to allow access to the proposed additional pumps. The section of parking lot between the fueling facility and Middlebelt Road would be extended to the south in order to allow traffic use. The landscaping of the downsized greenbelt would consist of existing plants and new additional plantings as indicated on the submitted preliminary landscape plan 9 marked L-1. The extended parking lot island to the west of the fueling facility would also be landscaped with a variety of plant materials, including maple trees, lilac bushes and black-eyed Susan. In order to make the signage on the new extended canopy appear more symmetric, the existing signs on the west and east facades of the canopy would be shifted slighted to the middle of the canopy. The existing sign on the south facade would be reinstalled on the new south elevation of the extended canopy. Other than these modifications, no new signage is proposed with this proposal. The Planning Commission is recommending approval. Brosnan asked Miller if it was the width of the greenbelt, not the length that will be reduced to the about 30 feet at the narrowest; Miller replied yes it is the width. Ted Johnson, President, Design Strategies, Ltd, is the Project Developer of Costco's Midwest Projects. He said they have found that the four island gas facilities help to reduce wait time for its members. He said all new construction is done as four island gas facilities. They are in the process of bringing the three island gas facilities up to four island gas facilities. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. President Toy talked about House Bill 4743 regarding Fireworks and the City's recently adopted amendment to the Code of Ordinances relating to fireworks, highlighting that anyone setting off fireworks that shoot off into the air July 3rd 4th and 5th between 12:00 A.M. and 8:00 A.M. are subject to a civil infraction and fine up to $500.00. Brosnan congratulated the Livonia YMCA Twisters Gymnastics team on making it to the National Gymnastics Competition in Savannah, Georgia. She congratulated her daughter, Ellie Brosnan, who placed 9th nationally for her age group. As there were no further questions or comments, President Toy adjourned the Study Session at 9:18 p.m. on Monday, July 1, 2013. DATED: July 11, 2013 TERRY A. MARECKI CITY CLERK