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HomeMy WebLinkAboutCOUNCIL STUDY - 2011-07-11 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD JULY 11, 2011 Meeting was called to order at 8:00 p.m. Present: Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, and James McCann. Absent: Joe Laura. Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, Director of Planning and Economic Development; Cathryn White, Chief Assistant City Attorney; and Jack E. Kirksey, Mayor. Mayor Kirksey encouraged residents to attend the Communities Appreciation Day at the Detroit Institute of Arts on Sunday, July 17, 2011. Residents receive up to four free general admission tickets with their I.D. showing they are a resident. Laura Toy asked for a moment of silence on the passing of Bob Sill's newborn great granddaughter Lillian. Bob is Councilmember Toy's appointee to the Zoning Board of Appeals. AUDIENCE COMMUNICATION: Heather Swingle, 12332 Camden, stated she applied for a block party request but missed the application deadline and was instructed to appear in person tonight and present her request. She is requesting a waiver of the Noise Ordinance to allow a live band to perform from approximately 5:00 p.m. until 11:00 p.m. at 12332 Camden, in connection with their annual gathering of family and friends scheduled for Saturday, August 6, 2011. Toy asked the petitioner if there were any complaints or problems last year. The petitioner stated they have not had any problems. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT Jenny Burns, 15014 Sumner, Redford, stated she is a member of LaRouche Political Action Committee. She expressed her support of H.R. Bill 1489, the Return to Prudent Banking Act of 2011 which aims to revive the separation between commercial banking and the securities business, in the manner provided in the Banking Act of 1933, the so- called "Glass-Steagall Act." Burns requested the City adopt a resolution in support of H.R. Bill 1489. NEW BUSINESS 1. BLOCK PARTY: Cindy Capen, re: to be held on Saturday, August 13, 20117 from 4:00 p.m. to 10:00 p.m. on Marie, between Knolson and Minton, including Marie Court, with a rain date requested of Saturday, August 20, 2011. 2 Cindy Capen was present to answer any questions from Council. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Tavia Burgess, re: to be held on Saturday, August 20, 2011, from 2:00 p.m. to 10:00 p.m. on Leon, between Parkdale and Yale, with a rain date requested of Sunday, August 21, 2011. Tavia Burgess was present to answer any questions from Council. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Ya Jia Xu in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. William Yung was present to translate for the applicant Ya Jia Xu, who was present to answer any questions from Council. Toy asked Yung how business was for him and whether Livonia is a good market for his type of business. He replied since they opened in March sales have been progressing. His type of business is a popular form of therapy at the present time. Toy asked Yung where his apprentices receive their formal training. He said there is a school in California that specializes in acupressure and massage therapy. Toy asked Yung if any of the apprentices have had any training in any Michigan Schools. He replied that they mostly all have attended schools outside of Michigan. Brosnan asked Yung how many certified massage therapists were at his facility. He replied that he is the only certified therapist and currently has 2 apprentices and will be hiring 3 more apprentices. Brosnan asked Yung if he had enough business to justify the additional apprentices. He replied yes. Brosnan asked Yung how long before an apprentice moves up to become a certified therapist. He said approximately 8 to 12 months. He said it is a long learning process and it is also very important to have good communication with the customers. Brosnan through the Chair to the Law Department, asked Cathryn White what the City Ordinance specifies regarding how long a massage therapist is an apprentice before they must become a certified massage therapist. White replied the Ordinance does not specify any length of time. Brosnan offered the approving resolution for the Regular Agenda. 3 Brosnan offered a resolution referring the subject of a Massage Therapist Ordinance to the Legislative Affairs Committee. President McCann called for a point of order and asked City Clerk, Terry Marecki, whether or not there is an annual license required for the apprentice. Marecki replied she would have to check and report back to Council. President McCann asked Yung about the American International Vocational College. Yung replied that the school specializes in Asian modalities, especially acupressure and massage therapy, as well as shiatsu and reiki massage as forms of physical therapy. President McCann asked Yung how Ya Jia Xu communicates with their clients when she is unable to communicate to Council. He said her English is good enough for hold a conversation with their customers but she is not comfortable enough to speak on her own in this public setting tonight. DIRECTION: 1) APPROVING REGULAR 2) REFERRING THE SUBJECT OF MASSAGE THERAPIST ORDINANCE TO LEGISLATIVE AFFAIRS COMMITTEE 4. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Sufen Li in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. William Yung was present to translate for the applicant Sufen Li, who was present to answer any questions from Council. President McCann asked the applicant what year she went to school. Yung replied in 2007. President McCann asked the applicant where the campus was located, specifically what city. Yung said Li had some difficulty recalling the name of the city. President McCann said the school credential indicate she went there for 600 hours of training and asked again whether or not she recalled the name of the city it was located in. Yung replied Monterey. President McCann noted that the certificate indicates she completed school in December 2008. Yung said Li studied in 2007 and obtained her license in 2008. President McCann asked again whether or not it was in Monterey, California where she studied and lived at that time. Yung replied that she went to school there but didn't live there. President McCann asked if she recalled the name of the facility she was trained at. Yung said she attended the vocational school from 2007 to 2008. President McCann asked again if it was located in Monterey, California. Yung replied yes. Toy asked through the Chair to Yung whether the applicant, Sufen Li, would be working with Yung at his facility. Yung replied yes. Toy asked Yung if all three massage apprentice applicants on tonight's agenda were going to be working at his facility. Yung replied yes. Toy asked Yung, as an apprentice, what type of therapy Li would be performing on clients. Yung replied strictly acupressure. He said the clients keep their clothing on, there are no curtains or private rooms. It is completely wide open. Toy asked if they used specialized chairs for their clients 4 to sit in while they perform the massage therapy. Yung replied yes they have special chairs which require the client to sit with their backs facing the therapist so they can perform the therapy. Toy asked if there have ever been any complaints filed again him or his business from any clients claiming to have sustained any injuries. He replied no. Toy asked him whether or not he had liability insurance should someone claim they were injured. He replied yes. Brosnan offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 5. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Huazhen Lin in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. William Yung said the applicant was not here this evening due to a family emergency. Brosnan offered the approving resolution and the denying resolution for the Regular Agenda. DIRECTION: 1) APPROVING REGULAR 2) DENYING 6. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Karen Ritchey, re. to allow the playing of live, outdoor music between the hours of 7:00 p.m. and 11:00 p.m. on Friday, August 5, 2011, in connection with a party being held at 20111 Parker. Karen Ritchey was present to answer any questions from Council. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. TAX RATE FOR LIVONIA PUBLIC SCHOOLS FOR THE 2011-12 SCHOOL YEAR: Office of the City Clerk, re: as approved by the Board of Education on June 22, 2011. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 5 8. TAX RATE FOR THE WAYNE COUNTY REGIONAL EDUCATIONAL SERVICE AGENCY (RESA) FOR THE YEAR 2011: Office of the City Clerk, re: as approved by the Board of Education requesting that their tax levy be collected as a summer tax and that their (2) millage rates be identified separately on property tax bills. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 9. TAX RATE FOR THE CLARENCEVILLE SCHOOL DISTRICT FOR THE 2011- 12 SCHOOL YEAR: Office of the City Clerk, re: as approved by the Board of Education on June 23, 2011. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 10. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM LUIGI'S CAFE, LLC, FOR A NEW OUTDOOR SERVICE AREA TO BE HELD IN CONJUNCTION WITH A 2011 CLASS C LICENSED BUSINESS WITH OFFICIAL PERMIT (FOOD): Division of Police, re: for the business located at 31530 Plymouth Road, Livonia, MI 48150. Enrico Soave, 37771 Seven Mile Road, Suite C, presented the request and was ready to answer any questions from Council. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. AWARD OF BID: Department of Finance, re: for the purchase of natural gas for City buildings. Mike Slater, Director of Finance, presented the request to Council. He said they went out for bid and received 5 bids. They are recommending the contract be awarded to the low bidder Constellation New Energy, LLC, 9960 Corporate Campus Dr., Suite 200, Louisville, KY 40223. They are also recommending the selection of Option 2 which is the longer time period to lock in this price Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6 12. LIVONIA EMPLOYEES RETIREMENT SYSTEM 58TH ANNUAL ACTUARIAL VALUATION REPORT OF DEFINED BENEFIT (DB) PLAN AS OF NOVEMBER 30, 2010: Board of Trustees — Livonia Employees Retirement System, re. same. Robert Biga, Director of Human Resources, was present to answer any questions from Council. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 13. LIVONIA RETIREE HEALTH AND DISABILITY BENEFITS PLAN AND TRUST (VEBA) 13TH ANNUAL ACTUARIAL VALUATION REPORT AS OF NOVEMBER 30, 2010: Board of Trustees — Livonia Employees Retirement System, re. same. Robert Biga, Director of Human Resources, was present to answer any questions from Council. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 14. 401(a) DEFINED CONTRIBUTION PLAN ANNUAL REPORT FOR 2010: Board of Trustees, Livonia Employees Retirement System, re: as submitted by Great West Retirement Services. Robert Biga, Director of Human Resources, was present to answer any questions from Council. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 15. REQUEST TO APPROVE AN ADDENDUM TO THE LEASE AGREEMENT BETWEEN THE CITY OF LIVONIA AND THE LIVONIA HOCKEY ASSOCIATION TO REFLECT A $3.00 PER HOUR UTILITY CHARGE TO ALL USER GROUPS EXCEPT THE LIVONIA PARKS AND RECREATION PROGRAMS: Department of Parks & Recreation, re: to help offset operating expenses. Lyle Trudell, Interim Superintendent of Parks & Recreation, presented the request to Council. Pastor asked Trudell if Spree was exempt from this charge. Trudell replied yes. 7 Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 16. AWARD OF BID: Livonia Fire & Rescue, re: for up to twenty (20) replacement sets of Turn-Out Gear (Structural Firefighting Protective Clothing). Tom Kiurski, Fire Training Officer, presented the request to Council. He stated this is replacing gear that is going on 10 years old. It is recommended by NFPA that the gear be replaced every 7 to 8 years depending on wear. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 17. AWARD OF CONTRACT: Livonia Fire & Rescue, re: for Emergency Medical Billing Services, with bid pricing obtained through a new cooperative program. Tom Kiurski, Fire Training Officer, presented the request to Council. President McCann commended the Fire Department for pooling together without surrounding communities and obtaining a consortium pricing resulting in savings to each of the communities participating. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 18. REQUEST TO ADJUST THE ADMISSION INCOME LIMITS FOR NEWBURGH VILLAGE, SILVER VILLAGE AND CITY-OWNED HOMES: Livonia Housing Commission, re: to reflect Detroit metropolitan area median income figures. Jim Inglis, Director of Housing, presented the request to Council. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 19. REQUEST FOR AUTHORIZATION TO SELL CITY-OWNED PROPERTY PURCHASED THROUGH THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Livonia Housing Commission, re: the home located at 15813 Deering for a total sale price of $89,000.00, which will place this property back on the tax rolls. (CR 405-09) Jim Inglis, Director of Housing, presented the request to Council. He said the City acquired this property back in October 2009. They have done the remediation, 8 made the modernization improvements and brought it up to energy code standards. They have a qualified buyer, Brent Elgas, he has secured financing and has participated in a homeownership training program. They are requesting Council approval to sell 15813 Deering in the amount of$89,000.00 and directing the sale proceeds to the Neighborhood Stabilization Program. Pastor offered the approving resolution for the Regular Agenda. Brosnan asked Inglis to confirm the City paid approximately $40,000.00 and approximately $49,000.00 will go to the Neighborhood Stabilization Program. Inglis confirmed that was correct. DIRECTION: APPROVING REGULAR 20. AUDIT REPORT: Livonia Housing Commission, re: for the fiscal year ending December 31, 2010, excluding Silver Village, Newburgh Village, the CDBG Program, the Neighborhood Stabilization Program and single family City-owned properties. Jim Inglis, Director of Housing, was present to answer any questions from Council. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 21. AWARD OF BID: Engineering Division, re: for the Bicentennial Park North Parking Lot Paving Project— Contract 11-I. Todd Zilincik, City Engineer, presented the request to Council. He stated they went out for bid, at the request of the Parks and Recreation Department. They received 8 bids. They are recommending the contract be awarded to the low bidder Cadillac Asphalt, LLC, 51777 W. 12 Mile Rd., Wixom, MI 48393, in the amount of $265,000.00, further authorizing an additional appropriation and expenditure in the amount of $29,856.50 for the parking lots, and an expenditure of $10,000.00 to Spalding DeDecker, Inc., 905 South Blvd. East, Rochester Hills, Mi 48307 for materials testing allowance and construction staking. Pastor asked Zilincik if the $10,000.00 expenditure for materials testing allowance and construction staking was included in all the bids. Zilincik replied yes. Pastor asked which contractor did the Middlebelt project. Zilincik replied Ajax Paving. Toy offered the approving resolution for the Consent Agenda. 9 DIRECTION: APPROVING CONSENT 22. REQUEST TO DESIGNATE CONSULTANT, THROUGH THE QUALIFICATION- BASED SELECTION (QBS) PROCESS, TO PROVIDE DESIGN AND CONSTRUCTION ENGINEERING SERVICES: Engineering Division, re. for the Whispering Willows Storm Water Detention Basin Project (RXB-15). (CR 260- 10) Todd Zilincik, City Engineer, presented the request to Council. They are recommending Council award a QBS contract amendment to Orchard, Hiltz & McCliment, Inc. (OHM), 34000 Plymouth Road, Livonia, Michigan, 48150 to provide design and construction engineering services for the Whispering Willows Storm Water Detention Basin Project (RXB-15). The amount of the design and construction engineering services not to exceed $80,000.00. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 23. REQUEST FOR ADDITION TO THE LOCAL STREET SYSTEM FOR ACT 51 COMPUTATIONS: Engineering Division, re: of Library Drive, starting from eastbound Five Mile and heading south to Civic Center Drive, which was open to the public as of December 31, 2010. Todd Zilincik, City Engineer, presented the request to Council. He said this was just a formality. They are seeking Council approval for them to apply to the Michigan Department of Transportation for the inclusion of said street in the City's local street system for purposed of computing the City's share of Act 51 revenues. Schwartz offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 24. REQUEST TO APPROVE AN AGREEMENT WITH THE DETROIT EDISON COMPANY TO MOVE STREETLIGHTS: Engineering Division, re: as part of the Safety Improvement Project — Merriman Road Intersections at Five Mile Road and Six Mile Road. (CR 309-10) Todd Zilincik, City Engineer, presented the request to Council. They are asking Council authorize an agreement with the Detroit Edison Company, Macomb Center, 15600 19 Mile Road, Clinton Twp., MI 48038-3502 in an amount not to exceed $25,523.49 for the streetlight move. Schwartz offered the approving resolution for the Consent Agenda. 10 DIRECTION: APPROVING CONSENT 25. WAIVER PETITION: Planning Commission, re: Petition 2011-05-02-08 submitted by Al Abdelnour requesting approval to operate an indoor recreational facility (Get Skillz Basketball), at property located on the east side of Wayne Road, between Industrial Road and Schoolcraft Road (13500 Wayne Road) in the Northwest '/4 of Section 28. Al Abdelnour, 18978 Oakleaf Lane, Northville, said they are trying to put together an elite basketball training facility for children of various ages. Their facility will be run by appointment only. They will begin with 3 to 4 trainers and they will each have 3 to 4 children to work with per hour. It will be specialty shooting training, dribbling skills, strength training; all facets of the game. His partner, Jaime Petri has been training for the past 12 years; he is also a college assistant coach. He has a wonderful program he has been doing for the past 12 years. Abdelnour said he is very passionate about basketball and his son has been training with Petri for the past 2 years. He is very excited about this opportunity. He said there isn't another facility like this in the area and believes it will be a successful business adventure. Pastor offered the approving resolution for the Consent Agenda. Meakin asked the petitioner why he chose Livonia for the location of his new business. He said he was a longtime Livonia resident until recently. He is a dentist by trade and his dental office is located at Five Mile and Levan. He wanted to stay in Livonia close to his other business so he could go back and forth between the businesses. He said Livonia is an excellent location choice, especially being close to 1-96, makes it more easily accessible to people from surrounding communities. He said his partner trains a lot of the high school athletes from the Northviile, Plymouth and Canton areas. Brosnan asked the petitioner what his intentions were with regard to the limited parking at the location. He responded by saying that the most people they would have at one time would be 16 students and 4 trainers. There are 20 parking spaces available. They can stagger the appointment times should parking become an issue. The majority of their students are dropped off and picked up. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. John Pastor wished his daughter Rachel a Happy Sweet 16th Birthday; her birthday is Saturday. He also wished her good luck on her driving test. 11 As there were no further questions or comments, Council President McCann adjourned the Study Session at 9:10 p.m. on Monday, July 11, 2011. DATED: July 15, 2011 TERRY A. MARECKI CITY CLERK