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HomeMy WebLinkAboutCOUNCIL STUDY - 2013-03-11 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD MARCH 11, 2013 Meeting was called to order at 8:08 p.m. Present: Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, James McCann, John Pastor, and Laura Toy. Absent: Joe Laura. 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. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Maria Cruzalegui in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Maria Cruzalegui, 9787 Edgewood, Ypsilanti, was present to answer any questions from Council. President Toy asked the petitioner where she would be working. Cruzalegui said she would be working part-time at LaVida Massage. McCann said the background information provided reflects that she attended Schoolcraft College. He said he wasn't aware that Schoolcraft even offered Massage Therapy classes and asked the petitioner when she attended Schoolcraft; she replied 2006. McCann offered the approving resolution for the Regular Agenda. Brosnan asked through the Chair to the Law Department to check if there are any requirements for Massage Therapy, as with many other professions, for continuing educational credit hours as part of the National Guidelines that the City adopted and report their findings to Council prior to the voting meeting. Brosnan asked the petitioner if she has had any additional classes since receiving her degree back in 2006; Cruzalegui said some online classes. She added that she has been a stay-at-home mom to her young son. Recently she has decided to seek part-time employment in the Massage Therapy field. DIRECTION: APPROVING REGULAR 2 2. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Patricia A. Jesse in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Patricia Jesse, 26646 Rouge River Drive, Dearborn Heights, was present to answer any questions from Council. President Toy asked the petitioner if obtaining her permit here would enable her to practice in other cities. Jesse said she had been practicing in other cities for over 25 years. President Toy asked the petitioner if other cities required her to come in and obtain a permit; she replied no. Jesse said this would be for a part-time position at the Livonia YMCA. McCann offered the approving resolution for the Consent Agenda. President Toy asked the petitioner if they had a Massage Therapist there at the YMCA prior to her. Jesse replied, yes they did. After Jesse had noticed the other therapist was no longer working at the YMCA she inquired about the position. Brosnan noted that the subject of Massage Therapy Permitting is in Committee right now and said the petitioner's expertise may be helpful to the Committee and asked her if she wouldn't mind if they invited her to attend their meetings in the future, Jesse said that would be fine. DIRECTION: APPROVING CONSENT 3. PROPOSED AMENDMENTS TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Water and Sewer Board, re: to Sections 120 and 150 of Title 13, Chapter 8 (Water Meters) granting access to authorized employees of the Water Department to service water meters and to allow the installation of an outside touch pad-type device to a property where the Water Department has not been able to make a meter reading for not less than two (2) successive billing periods. Coline Coleman, Chief Accountant, presented the request to Council. She said the first Ordinance Amendment was an addition to the Ordinance in an effort to lend more weight when accessing a property for the purpose of reading or repairing a meter. The second Ordinance Amendment is a revision changing the language from four (4) successive billing periods to two (2) successive billing periods; also there was previously a forty dollar ($40) charge to provide a touch pad which has been changed to no charge to the property owner. In each case it is just to provide more efficient, effective and accurate service to bill more accurately. President Toy asked Coleman if this meant after two (2) unsuccessful attempts to read the meter they would install a touch pad. Coleman said yes. She explained currently it is four failed attempts to read the meter which equates to an entire year, noting that a lot can happen in a year. She said this will require a touch pad to be installed after two failed attempts to read the meter, which equates to six months. 3 Brosnan asked Coleman if property owners have the option of voluntarily requesting the touch pad for their meter. Coleman said yes, it is a lot easier for the customer. Brosnan asked if this information has been published in the City newsletter. Coleman said she didn't believe it had been published in the newsletter. Brosnan said it would be a great program to introduce to people in Livonia. Robinson asked Coleman what are some of the reasons for not being able to read the meter. Coleman replied it could be a matter of a locked gate, a dog in the yard, or sometimes the meter needs to be repaired or replaced. Robinson asked Coleman if property owners are charged if the meter needs to be replaced, she replied no. President Toy asked Coleman how a property owner would go about requesting a touch pad, Coleman said by calling the Water Billing Department at (734) 466- 2268. Christopher Martin, 12275 Inkster, inquired what the City does if it is unable to obtain a reading of water meter on vacant homes and vacant commercial properties. Coleman said currently after 4 failed attempts, they would install the touch pad; they are seeking to change that to 2 failed attempts. Brosnan offered the approving resolution on the Regular Agenda for First Reading. DIRECTION: APPROVING — FIRST READING REGULAR 4. REQUEST TO REFER THE PROPOSED POLICY REGARDING THE APPROPRIATE LEVEL AND USE OF THE GENERAL FUND BALANCE TO THE FINANCE, BUDGET, AND TECHNOLOGY COMMITTEE: Department of Finance, re: for further discussion in conjunction with the presentation of the annual audit report. Michael Slater, Director of Finance, presented the request to Council and asked them to review and consider a proposed policy regarding the appropriate level and use of the General Fund balance. Adoption of and adherence to this policy will be viewed positively by the credit rating agencies and will provide direction to current and future City leadership on the appropriate levels at fund balance. It is respectfully requested that this matter be referred to the Finance, Budget and Technology Committee for further discussion in conjunction with the presentation of the annual audit report. Robinson offered a resolution referring the matter of the proposed policy regarding the appropriate level and use of the General Fund balance to the Finance, Budget and Technology Committee for its report and recommendation for the Consent Agenda. 4 DIRECTION: REFER TO FINANCE, CONSENT BUDGET & TECHNOLOGY COMMITTEE 5. REQUEST TO APPROVE FINAL BUDGET ADJUSTMENTS FOR THE FISCAL YEAR ENDING NOVEMBER 30, 2012: Department of Finance, re: same. Michael Slater, Director of Finance, presented the request to Council. They submitted a list of the final budget adjustments for Fiscal Year 2012 upon closing the books as of November 30, 2012. The primary reasons for these adjustments are to ensure compliance with the State of Michigan Budget Act, provide additional funding for the tax tribunal appraisal expenses, and transfer unspent budget from Elections, Police, Community Resources and utilities to cover expenses in excess of budget for Building Maintenance, Mayor and employee termination payouts. They respectfully request that City Council authorize these adjustments as part of finalizing Fiscal Year 2012. Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. CITY INVESTMENT POLICY: Department of Finance, re: the Annual Report for the fiscal year ending November 30, 2012, on the investment activity of City Funds. Michael Slater, Director of Finance, presented the request to Council. The City Investment Policy requires the Finance Department to provide the City Council with an annual report on the investment activity of City funds. This report excludes investment activity of the City's pension funds. During the year ended November 30, 2012 the City of Livonia invested surplus funds in short term Certificates of Deposit, pooled funds and interest bearing money market accounts offered by Michigan banking institutions, as well as U.S. Treasury and Agency securities. These are all authorized investments according to Michigan Public Act 20. For the fiscal year ended November 30, 2012, the operating portfolio averaged $82,192,208. Total interest earned on these funds totaled $429,419. The rate of return for the year was 0.52%; that exceeded the 0.11% return of the benchmark six-month Treasury Bill. At November 30, 2012, funds were invested in the bank pools, Certificates of Deposit, and U.S. Treasury and Agency Securities as follows: Pooled Cash & Money Market $ 28,553,582 50% Certificates of Deposit 1,000,000 2% U.S. Treasury and Agency Securities 27,738,435 48% 5 These funds are not anticipated to be needed for operating purposes for at least one year, and therefore can be invested in longer maturities to enhance yields. Funds will continue to be invested in a conservative manner, reflecting the investment objectives of safety, liquidity, risk management and return on investment in that order. Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. AWARD OF BIDS: Public Service Division, re: for supplying the Road Maintenance Section with hot and cold Bituminous Materials for the period May 1, 2013 through April 30, 2014. Donald Rohraff, Superintendent, Public Works, presented the request to Council and was ready to answer any questions Council may have. The Public Service Division has taken bids for bituminous materials. Specifications were prepared by the Division, and Bid invitations were placed on the Michigan Inter-governmental Trade Network (MITN). Five (5) bids were received and opened in the presence of the Bid Committee. In accordance with the instructions for bidding hot bituminous materials, the low bid for each type of bituminous material has been determined by adding the City cost of pickup to the unit price bid. This cost was added to the unit price as bid, based upon the distance from the bidder's plant to Farmington Road and 1-96. It is the recommendation of the Public Service Division that the following low bids, for both hot and cold bituminous material, which meet specifications, be accepted to supply the Public Service Division (Road Maintenance Section) with the bituminous materials specified at the unit prices bid for the period May 1, 2013 through April 30, 2014- 1. 014:1. Nagle Paving, 36780 Amrheim. Livonia, MI 48150 M.D.O.T. 13A HMA $ 52.50 per ton M.D.O.T. 36A HMA $ 56 .00 per ton M.D.O.T. 1500 T 20 AAA $ 52.50 per ton 2. Amax Materials, 830 Kirts Blvd., Suite 100, Troy, MI 48084 Cold Patch 192 Delivered $ 90.00 per ton Cold Patch QPRIUPM Delivered $ 99.00 per ton It is further recommended that in the event the lowest bidder is unable to furnish the material, the following second low bids, which also meet specifications, be accepted as alternates to supply the Public Service Division (Road Maintenance Section) with the bituminous materials specified at the unit prices bid for the period May 1, 2013 through April 30, 2014: 6 1. Amax Materials, 830 Kirts Blvd ., Suite 100, Troy, MI 48084 M.D.O.T. 13A HMA $ 49.00 per ton M.D.O.T. 36A HMA $ 55.00 per ton M.D.O.T. 1500 T 20 AAA $ 48.00 per ton 2. Barrett Paving, 5800 Cherry Hill Rd., Ypsilanti, MI 48198 Cold Patch 192 Delivered $ 93.50 per ton 3. Ace-Saginaw Paving, 2981 Carrollton Rd., Saginaw. MI 48604 Cold Patch QPR/UPM Delivered $ 99.42 per ton Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST TO APPROVE ALLIANCE OF ROUGE COMMUNITIES (ARC) ANNUAL ASSESSMENT FOR 2013; AND ACCEPTANCE OF AMENDED ALLIANCE OF ROUGE COMMUNITIES (ARC) BY-LAWS DATED NOVEMBER 77 2012: Public Service Division, re: in the amount of $29,013.00 from funds budgeted for this purpose. Donald Rohraff, Superintendent, Public Works, presented the request to Council. The City of Livonia has actively participated in the Alliance/Assembly of Rouge Communities (ARC) since its inception in 2004. Each year the City has paid an annual assessment for the City's share based on population and land area to fund the services for the communities provided by the ARC. The ARC has and will continue to solicit grants for storm water initiatives for communities both individually and collectively. This assessment is the same as the 2012 assessment. Livonia participation in the ARC is recommended again this year. It is requested the Council approve payment to the Alliance of Rouge in the amount of$29,013.00 from budgeted funds. In addition, the current ARC By-Laws require that revisions to the By-Laws be approved by the members of the legislative body. Therefore the Department is requesting City Council to approve the Amended By-Laws with the resolution. Brosnan offered the approving resolution for the Consent Agenda. Rohraff mentioned that the City did receive, through the ARC, approximately 200 trees to put back into the community (worth approximately $10,000) at no cost to the City. He said they have received another grant and he anticipates receiving another 100 — 125 trees this spring to put back into the community. DIRECTION: APPROVING CONSENT 7 9. REQUEST FOR COUNCIL TO SET A DATE FOR THE PURPOSE OF ADOPTING A RESOLUTION PLACING SPECIAL ASSESSMENTS UPON REFERENCED PROPERTIES WHOSE OWNERS HAVE NOT PAID CHARGES CONNECTED WITH THE 2012 SIDEWALK PROGRAM, CONTRACT 12-G, SINGLE LOT ASSESSMENTS: Engineering Division, re: same (CR 177-12) Todd Zilincik, City Engineer, presented the request to Council. He said this is a housekeeping item for repairs that were done in 2012. A list containing the sidewalk repair locations which were the homeowner's responsibility and the cost of each sidewalk repair was provided to Council. This list does not include locations where it was solely the City's responsibility to pay for the sidewalk repairs as a result of lifted walk by City tree root(s). All assessments are based upon unit prices bid by the contractor in which a 10% charge was added to cover the City's administrative, engineering, inspection, advertising, and collection expenses. It is recommended that the Council set a date when the Council will meet for the purpose of adopting a resolution placing special assessments upon those properties shown on the aforementioned list where the owners have not paid the charges prior to the established meeting date. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST TO APPROVE PROPOSED 2013 SIDEWALK REPAIR PROGRAM: Engineering Division, re: which includes a target area in Section 24, as well as a number of scattered locations throughout the City. (CR 784-82) Todd Zilincik, City Engineer, presented the request to Council. The proposed 2013 Sidewalk Repair Program includes a target area in Section 24 along with resident requested repair locations and those locations called in through citizen complaints throughout the City. The lists indicating where sidewalks require installation, repair and or replacement adjacent to private property have been provided to Council. This years' program consists of approximately 882 locations. Also provided to Council is a recommended resolution that, if adopted, would require the property owners shown on the provided lists to arrange for the installation, repair, or the removal and replacement of certain unsafe sections of sidewalk by June 14, 2013. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. 8 Mayor Kirksey mentioned his annual State of the City Speech will be held this Thursday, March 14, 2013, at Burton Manor at 11:00 a.m. Kritzman mentioned that Brosnan, Mayor Kirksey and he attended the grand re-opening of Awrey's Bakery; he thanked the investors and wished them well. Brosnan noted that many people were grateful for the support of the City to keep Awrey's in business and she recognized the efforts of the Mayor for being instrumental in that support from the City. Brosnan congratulated the Mayor on becoming a great-grandfather. Mayor Kirksey said Asher Jacob was born last week; both baby and mom are doing well. Brosnan and McCann wished everyone a Happy St. Patrick's Day. As there were no further questions or comments, President Toy adjourned the Study Session at 8:50 p.m. on Monday, March 11, 2013. DATED: March 22, 2013 TERRY A. MARECKI CITY CLERK