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HomeMy WebLinkAboutCOUNCIL STUDY - 2012-07-23 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD JULY 23, 2012 Meeting was called to order at 8:00 p.m. Present: Joe Laura, Thomas Robinson, Brandon Kritzman, and Laura Toy. Absent: James McCann, John Pastor, and Maureen Miller Brosnan. Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Terry Marecki, City Clerk; and Jack E. Kirksey, Mayor. President Toy announced the public can take old flags to the Livonia Fire Station #1 located on Farmington Road just south of Five Mile or at the VFW Post #345 on Schoolcraft Road just east of Inkster in Redford. Both locations have a drop box that resembles a mailbox for old flags which will be disposed of properly. President Toy announced there is new data on Item #15. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. BLOCK PARTY: Chris Flannigan & Karen Bradford, re: to be held on Saturday, August 25, 2012, from 3:00 p.m. to 10:00 p.m. on Oakdale, between Wayne and Ronnie, with no rain date scheduled. Chris Flannigan presented her request to Council and was available to answer any questions from Council Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Sharlene Dostal, re: to be held on Saturday, August 25, 20127 from 1:00 p.m. to 10:00 p.m. on Woodring, between West Chicago and Orangelawn, with no rain date scheduled. Sharlene Dostal presented her request to Council and was available to answer any questions from Council Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 3. BLOCK PARTY: Carol White, re: to be held on Saturday, September 8, 2012, from 2:00 p.m. to 8:00 p.m. on Sunset, between Bobrich and Jeanine, with a rain date scheduled of Sunday, September 9, 2012. Carol White, 17527 Doris, presented her request to Council and was available to answer any questions from Council Robinson offered the approving resolution for the Consent Agenda. Kritzman asked the petitioner about the question mark after 8:00 p.m. for the time on her application for time ending. Ms. White replied she didn't realize they could have it until 10:00 p.m. and asked to amend the time. Kritzman asked to amend the resolution being offered until 10:00 p.m., Robinson had no objection to the amendment. DIRECTION: APPROVING CONSENT 4. BLOCK PARTY: Karen L. Werden, re: to be held on Saturday, September 8, 2012, from 2:00 p.m. to 10:00 p.m. on Flamingo, between Saint Martins and Bretton, with a rain date scheduled of Sunday, September 9, 2012. Dennis Kuzmano, 19751 Flamingo, presented the request to Council and was available to answer any questions from Council Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. BLOCK PARTY: Thomas Hall, re: to be held on Saturday, September 8, 2012, from 2:00 p.m. to 10:00 p.m. on Country Club, between Wood and Grove, with a rain date scheduled of Saturday, September 15, 2012. Thomas Hall presented the request to Council and was available to answer any questions from Council Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Dorothy Roberts, Fund Development Manager, Marycrest Manor, re: to allow a band to perform at their 2nd Annual Car Show Charity event held at Marycrest Manor (15475 Middlebelt Road), on Sunday, September 10, 2012, from 3:00 p.m. to 9:00 p.m. 3 Dorothy Roberts presented the request to Council; she noted that the date of the event is September 10, 2012 and said it is a Monday evening. She was available to answer any questions from Council Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM SUBU ENTERPRISES, INC. TO ADD A NEW OUTDOOR SERVICE (1 AREA), ON A 2010 CLASS C LICENSED BUSINESS, WITH A DANCE-ENTERTAINMENT PERMIT AND OFFICIAL PERMIT (FOOD): Division of Police, re: for the business located at 20300 Farmington Road, Livonia, MI 48152. George Subu presented the request to Council. He said the outdoor seating was already approved, now they have to obtain an outdoor service permit He was available to answer any questions from Council. Laura asked Subu if he was aware there was an outstanding water bill due. Mr. Subu said it would be taken care of tomorrow. Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST TO APPROVE A NON-RESIDENT FEE AT THE LIVONIA SENIOR CENTER: Office of the Mayor, re: an additional charge of 25 cents to non- residents who choose to participate in an activity where the same fee is currently charged for both residents and non-residents. Patty Wachtel, Recreation Supervisor at the Livonia Senior Center, was present to answer any questions from Council. Laura asked why 25 cents versus 50 cents or a dollar. Wachtel said they serve seniors of all different economic backgrounds and this amount will help ensure that patrons of the senior center will still be able to afford to come and participate in activities. The amount of the fee increase is sufficient for the operating needs of the Livonia Senior Center. Toy asked how the additional money will be used. Wachtel said it will go to the General Fund to help cover the cost of supplies. Toy asked Wachtel if residents were given preference over non-residents for classes and such at the Senior Center. Wachtel said yes they are given the opportunity to sign up first before it is opened up to non-residents. Toy asked what is the percentage of non-residents that patronize the City's Senior Center; Wachtel said 5% of the patrons are from Redford and the remaining 20% are from other nearby communities. Laura offered the approving resolution for the Regular Agenda. 4 DIRECTION: APPROVING REGULAR 9. AWARD OF BID: Livonia Fire & Rescue, re: for the purchase of one (1) replacement Type 1 Medium-Duty ambulance utilizing the Western Wayne Fire Department Bid Consortium that will replace a SQ5 (2005 Medic Master) which in turn will replace a department's reserve squad (2001 Medic Master), which will be disposed of by auction. Shadd Whitehead, Fire Chief, said a Western Wayne Fire Department Bid Consortium of three (3) departments (Livonia, Northville Twp., and Canton Twp.) developed a Type 1 Medium-Duty Ambulance bid specification, with bid proposals posted and requested on the MITN website, with six (6) proposals submitted at time of closing. After reviewing the submitted proposals, the consortium recognized the top three (3) vendor proposals, with two (2) vendors having exceptions. • RSVP, Inc., Toledo, OH - $211,296 (No Exceptions) • Emergency Vehicles Plus, Milan, MI - $213,022 • Halt Fire, Inc., Wixom, MI - $218,301 Additionally, each department had specific options relative to their individual needs, which were placed within each bid proposal as an "Options" list. The reflected amount above is the combined price for the base spec vehicle ($207,775) and the Livonia needed options ($3,521). This new ambulance will replace SQ5 (2005 Medic Master) which in turn will replace one of the department's reserve Squads (2001 Medic Master). The 2001 Medic Master will be removed from service and disposed of by placing vehicle up for auction. Chief Whitehead said they respectfully request that City Council accept the bid from Rolland Specialty Vehicles and Products, Inc. (RSVP, Inc.) for the purchase of one (1) replacement Type 1 Medium-Duty ambulance for $211,296. RSVP, Inc., PO Box 6888, Toledo, OH 43612 (TraumaHawk Ambulance built by American Emergency Vehicles) was the lowest bid that met or exceeded the bid specifications. Laura offered the approving resolution for the Consent Agenda. Kritzman commended Chief Whitehead on a successful effort at utilizing consortium bidding to save the City money. DIRECTION: APPROVING CONSENT 10. AUDIT REPORT: Livonia Housing Commission, re: for the fiscal year ending December 31, 2011, excluding Silver Village, Newburgh Village, the CDBG Program, the Neighborhood Stabilization Program, the Energy Efficiency Conservation Block grant and single family City-owned properties. 5 James Inglis, Executive Director of Housing, presented the annual audit report for Council's review. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 11. PROPOSED ACQUISITION OF TAX-FORECLOSED PROPERTY: Livonia Housing Commission, re: to acquire one (1) house (12040 Arcola) for a total of $14,076.78, which includes closing costs, through the Community Development Block Grant Program. James Inglis, Executive Director of Housing, said Wayne County annually provides the City of Livonia notice and an opportunity to exercise its right of first refusal as to tax foreclosed properties within the City. The 2012 list of such properties has been released by the County and the Housing Commission has requested that the City obtain the property at 12040 Arcola. The deadline for the City to purchase the appropriate amount and to obtain title is Friday, August 17, 2012. The Commission intends to again execute an agreement with the Livonia Public Schools Building Trades Program to rehabilitate the home for eventual resale/rental. The amount needed to obtain this property is $12,076.78, plus an additional $2,000.00 for estimated closing costs for a total of $14,076.78. The funds for this acquisition will be the Community Development Block Grant program administered by the Housing Commission. Laura asked Inglis why they don't just have Livonia Public Schools buy this property. Inglis said in the past they bought their own homes and when the market plummeted they were left with some properties they couldn't sell for quite some time. Now they prefer to partner with someone else; that way if they can't sell it they are not left with a piece of real estate. He said he doesn't believe they have the resources to go out buy lots based on the Livonia Public Schools budget. Laura offered the denying resolution for the Regular Agenda. Kritzman asked Inglis for more details about the home. Inglis stated that the purchase of this property would be through the Community Development Block Grant Program; he said it would be purchased for the amount of back taxes owed, including taxes owed to the City of Livonia. Kritzman asked Inglis if he knew the current market value of the property; Inglis replied no he did not. Inglis said the home is on a slab, it has 3 bedrooms, 1 '/2 bathrooms, detached garage, approximately 1 200 square feet on a 40 foot wide lot. Kritzman asked Inglis what a home in this area in fair condition should sell for; Inglis replied $40,000. Kritzman asked Inglis if they have set a budget with Livonia Public Schools for 6 this proposed renovation project. He said Council had approved $20,000; this includes $12,000 for the acquisition which leaves approximately $8,000 to use toward the renovations. He said there are also some dollars in reserve in the CDBG Fund available. He said what happens is when they turn it over to Livonia Public Schools they have a limited number of students and a limited number of days to complete the work and what usually ends up happening is the Housing Commission has some of their staff or they hire a contractor to complete the work. Kritzman asked Inglis what the balance was in the CDBG Fund; Inglis replied approximately $40,000. Kritzman said he had some concerns about putting more into the home than they can potentially get back after selling the home. He said there isn't any safety net in place to prevent that from happening. Inglis explained that when they purchase a home such as this one for the back taxes owed, they must do so in a manner that it is for a public purpose such as the CDBG program. They must follow the guidelines which states that can't sell it for more than the acquisition price and the cost of the renovations; any profit above that would go back to the County. They don't want cities to acquire properties to make a profit on them and flip them. Kritzman said there are a lot of positives to this program compared to the last program that came before Council as Mr. Inglis has stated. Kritzman offered the approving resolution for the Regular Agenda. Robinson said both Kritzman and Laura brought some very valid points. He said without a cap on the amount of the investment or some safety net in place he will be hesitant in supporting these programs. Robinson said his next question, through the Chair to the Law Department, was whether or not Council approval was required for these types of acquisitions. Don Knapp, City Attorney, said it depends upon the types of funds being used; whether or not the federal program requires it as part of the approval. Knapp said in this particular instance, he prefers to look at the law one more time before he answers that question prior to the voting meeting. Knapp added the Mr. Inglis and the Administration like to partner with Council and get their input and approval on these items. Robinson said while he appreciates the partnership; it is a matter of accountability. Robinson asked Inglis to explain the purpose of this program. Inglis replied stating the purpose of the program is to purchase substandard properties that are identified within certain neighborhoods in the community, typically on the east side of the City, and to purchase those properties and making the repairs to bring the house up to code and get them back on the tax rolls and get the taxing authorities reimbursed for the amount of taxes that had not been paid by previous owners who have abandoned these properties. Robinson said he thinks that purpose is fair. His preference would be for the intent to control blight; if there were a program to purchase properties and take blighted homes that are beyond repair and tear those down, he would be more interested in spending tax dollars on a program of that kind and letting the free market process purchase the homes and put them back into the tax rolls. 7 Robinson offered the resolution referring the matter to the Committee of the Whole for its report and recommendation for the Regular Agenda. Kritzman added that there are benefits to the program, as previously mentioned, there is more to consider on this item than just the financial aspect when making a decision. DIRECTION: 1) DENYING REGULAR 2) APPROVING 3) REFER TO THE COMMITTEE OF THE WHOLE FOR ITS REPORT AND RECOMMENDATION. 12. REQUEST TO EXECUTE A NEW THREE YEAR CONTRACT BETWEEN THE CITY OF LIVONIA AND THE COUNTY OF WAYNE FOR HOUSING REHABILITATION PROGRAM FUNDING; AND REQUEST TO AUTHORIZE THE DIRECTOR OF HOUSING TO APPROVE THE 2013 THROUGH 2015 HOME CONTRACT FUNDING: Livonia Housing Commission, re: to extend the City's participation in the Wayne County Home Investment Partnership Consortia from July 1, 2013 through June 30, 2016, with 2011 program funding to be in the amount of$139,089.00. (CR 213-09 & CR 196-11) Jim Inglis, Executive Director of Housing, said in 2009 the Livonia City Council authorized the City of Livonia's continued participation in Wayne County HOME Investment Partnership Consortia. The three year consortia agreement commenced July 1, 2010 and will expire June 30, 2013. The Consortia Agreement was executed by the Detroit Office of the U.S. Department of Housing and Urban Development (HUD). The City has been recently notified by HUD and Wayne County that the HOME Consortia must be requalified for a new three year period. Wayne County acts as the lead agency with the cities of Livonia, Lincoln Park, Taylor, Dearborn Heights and Dearborn as current members of the HOME Consortia. The formation of the consortium is a positive force for affordable housing production, preservation and housing resources delivery. Current housing activities contained in our CDBG Consolidated Plan and the actual construction of affordable housing are eligible activities in the HOME program. The 2011 HOME Consortia allocation to the City of Livonia is $139,089.00, which is utilized for low income homeowner housing rehabilitation. The Livonia Housing Commission respectfully requests City Council approve a new three year Interlocal Agreement with the County of Wayne for approval by Detroit HUD; and authorize the Director of Housing to approve the 2013 through 2015 HOME contract funding agreements for the Housing Rehabilitation Program once the City receives notification of the HOME funding allocations from the County of Wayne. Kritzman asked Inglis how a community joins this group and are there any limitations to who can participate. Inglis replied they have to be in the County of 8 Wayne. Kritzman asked Inglis if there were parallel groups to this; Inglis replied there are other consortiums throughout the country but not in Wayne County. Inglis added that most communities that have a population less than 50,000 get their direct dollars from the HOME Program from the county. He said these communities he has listed all have a population over 50,000, so they get annual allocation of Community Development Block Grant funds. Dearborn, Dearborn Heights, Taylor, Lincoln Park, and Livonia all get CDBG dollars directly from the federal government; however, separately they don't meet the threshold to receive an annual allocation. Collectively, by forming the consortia, they meet the eligibility to receive HOME Program funding. Kritzman said that is was a good opportunity for communities to work together. Kritzman offered the approving resolution for the Regular Agenda. Laura offered the denying resolution for the Regular Agenda. DIRECTION: 1) APPROVING REGULAR 2) DENYING At the direction of the Chair, the following Item was moved up on the Agenda. 15. SITE PLAN PETITION: Planning Commission, re: Petition 2012-06-08-05 submitted by Nick Shango, in connection with a proposal to renovate Nicholas Plaza shopping center by adding gas pumps and a carry-out restaurant (Dunkin' Donuts) located on the southeast corner of Schoolcraft Road and Merriman (13820-13840 Merriman Road and 31281 Schoolcraft Road), in the Northwest '/4 of Section 26. Mark Taormina, Director of Planning and Economic Development, said this is a request to renovate and expand the use of a commercial shopping center located at the southeast corner of Schoolcraft and Merriman Roads. It is commonly known as Nicholas Plaza and is composed of two adjacent parcels. The westerly parcel, is zoned C-3 (Highway Services) and OS (Office Services), and is 0.68 acres in area with approximately 94 feet of frontage on Merriman Road and roughly 300 feet of frontage along Schoolcraft Road. The adjoin parcel to the east is zoned OS (Office Services) and is 0.27 acres in area with 130 feet of frontage on Schoolcraft Road. The easterly parcel contains a 1,894 square foot building that was formerly occupied by a State Farm Insurance office. The proposal involves modifications involving adding gasoline pumps on the north side of the building and providing a carry-out restaurant (Dunkin' Donuts). The parking areas of the two properties would be coordinated for the overall need of the shopping center. What is unique about this parcel is the C-3 Zoning which allows gas stations and restaurants. The site plan shows a total of four (4) fuel dispenser islands with two (2) pumps per island and the ability to accommodate a maximum of eight (8) vehicles at one time. The islands and overhead canopy would be installed between the building and Schoolcraft Road. The edge of the 9 pump islands are shown having a setback of 23' 6" from the right-of-way of Schoolcraft Road and 21' 6" from the sidewalk which runs alongside the building, allowing vehicles to drive up and access the pumps from either side. The Ordinance does require a building setback of 75'; the building setback is 58' and would require a variance from the Zoning Board of Appeals. The proposed canopy would measure 25' in width by 156' in length and has an overall height of eighteen feet (18'). An interesting fact is there is no such height restriction in C-3 zoning districts. As proposed, with this petition, the setback of the canopy complies with C-2 zoning. Elevations for the canopy show the use of brick piers to support the structure. In order to conveniently maneuver around and/or access the pumps, part of the site's existing landscaping that runs along the Schoolcraft Road frontage would be removed. To make up for the loss of landscaping adjacent to the right-of-way, the Petitioner would add landscaping in other parts of the site. Dunkin' Donuts would occupy space at the west end of the building. Nicholas Party Store would relocate and occupy the middle part of the building, a portion of which is currently vacant. The existing Royal Coney Island restaurant would continue to occupy the eastern half of the building. Interior changes would be made within the restaurant to move the main customer entrance to the east side of the building in order to be close to the relocated parking spaces. The proposed Dunkin' Donuts would be classified as a carry-out restaurant because it would have six (6) seats. The total parking requirement for the overall Nicholas Plaza site would be 33 spaces. The site plan provides for a total of 35 parking spaces, resulting in a surplus of two (2) spaces. The Planning Commission when reviewing the proposed plans was concerned with the overall length of the canopy. The Planning Commission wanted the number of pumps reduced to three. The petitioner submitted a revised plan rotating the pumps 90 degrees; the Planning Commission approved both plans and said they would leave it up to the Council to decide wish plan they like better. They were mostly concerned with eliminating one of the gas pumps, particularly the most easterly pump so that vehicles won't have an issue with maneuverability. Signage is shown complying with the ordinance. Nick Shango, 13820 Merriman Road, gave a slide presentation to show Council and the audience what his other sites look like that are similar, i.e., gas station, restaurant, liquor store, Dunkin Donuts. He said they are all on service drives by entrance ramps to the expressway. He said he has done this before and it has been very successful. He was ready to answer any questions from the Council. Kritzman commended Shango for addressing the concerns of the Planning Commission members. Kritzman offered the resolution referring the matter to the Committee of the Whole for its report and recommendation for the Regular Agenda. 10 Laura said this is a difficult piece of property to develop. He believes the petitioners have done their best to address the concerns of the City. He looks forward to seeing the property redeveloped and updated. Laura offered the approving resolution for the Regular Agenda. President Toy asked the petitioner if 3 gas pumps would be a problem for them. Mr. Shango said they really prefer 4 gas pumps; they definitely want 1 pump to be E85 Diesel fuel and if they had 3 pumps that would only leave 2 pumps available for regular fuel. He said they reconfigured the plan to address the concern about the most easterly pump and vehicle maneuverability. President Toy said she had concerns with the setback requirement of 75 feet and the plan show a setback of 60 feet; this will require a variance from the Zoning Board of Appeals. Laura said he would be willing to offer the approving resolutions for both 3 pumps and 4 pumps for the Regular Agenda. DIRECTION: 1) REFER TO THE COMMITTEE REGULAR OF THE WHOLE 2) APPROVING — 3 GAS PUMPS 3) APPROVING — 4 GAS PUMPS 13. AWARD OF CONSTRUCTION CONTRACT: Engineering Division, re: in connection with the Whispering Willows Storm Water Detention Basin Project (RXB-15) to reduce runoff impacts through sustainable stormwater management using budgeted funds with a 50% reimbursement to the City of Livonia from the Rouge River National Wet Weather Demonstration Project Round X, part "B" Grant Program for Storm Water General Permit Activities. Todd Zilincik, City Engineer, presented the request to Council. The Engineering Division along with our consultant, Orchard, Hiltz & McCliment, Inc. (OHM) finalized plans and specifications for the subject project and bids were taken on June 26, 2012. In response to our advertisement, eight bids were submitted. Our consultant, OHM has reviewed and checked the references submitted and finds Stante Excavating Co., Inc. to be qualified to do the work required by this contract. The Interagency Agreement (IAA) with Wayne County was approved by City Council on July 6, 2011. The construction is anticipated to begin in early October 2012 and coordination will occur with the golf course to access the site at Whispering Willows. The project deadline was required to be completed by December 30, 2012, but has been extended until June 30, 2013. They are recommending that Council award a contract in the amount of $281,563.40 to Stante Excavating Co., Inc., 46912 Liberty Dr., Wixom, MI 48393. The award should be on the basis of the bid unit prices, said amount to be adjusted based upon the quantities of work actually completed. 11 Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 14. REQUEST TO APPROVE FINAL COST INFORMATION, AND TO AUTHORIZE ADDITIONAL APPROPRIATIONS AND EXPENDITURES: Engineering Division, re: for the 2011 Sidewalk Program - Contract 11-G. (CR 148-11) Todd Zilincik, City Engineer, presented the request to Council. On May 26, 2011, Council approved a contract for the 2011 Sidewalk Program with Joe Rotondo Construction Corporation. In order to finalize this project, it is recommended that the City Council establish a final project cost at $873,608.73 of which $227,153.51 is to be charged to Single Lot Assessments and a total of $646,455.22 which is to be charged to various City funds; authorize and additional appropriation and expenditure of$123,946.15 from the Road, Sidewalk and Tree Fund, to cover additional slab replacements related to repairs of sidewalks heaved by tree roots and for the sidewalk work done at the Quakertown Tot Lot, Sheldon Park, Noble Library and Ford Field; authorize an additional appropriation and expenditure of $47,578.66 from the Unexpended Fund Balance of the Michigan Transportation Fund (Major Road Account) to cover the costs related to the construction or reconstruction of additional handicap ramps at major roads and other City costs and to cover the administrative costs connected with this work; authorize and additional appropriation and expenditure of $47,165.62 from the Unexpended Fund Balance of the Michigan Transportation Fund (Local Road Account) to cover the costs related to the construction or reconstruction of additional handicap ramps at local roads and other City costs and to cover the administrative costs connected with this work; authorize a payment of $150,497.73 to Joe Rotondo Construction Corporation, 38807 Ann Arbor Road, Suite 2, Livonia, Michigan 481507 $149,497.73 to be paid for the work done as part of Construction Estimate # 10 and $1,000.00 as the final payment upon the final release by the Engineering Division for work related to Contract 11-G. Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President Toy adjourned the Study Session at 9:23 p.m. on Monday, July 23, 2012. DATED: August 13, 2012 TERRY A. MARECKI CITY CLERK