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HomeMy WebLinkAboutCOUNCIL STUDY - 2013-03-27 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD MARCH 27, 2013 Meeting was called to order at 8:08 p.m. Present: Brandon Kritzman, James McCann, Joe Laura, Maureen Miller Brosnan, and Laura Toy. Absent: John Pastor and Thomas Robinson. 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 there is new data on Item #20. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. REQUEST TO WAIVE SECTIONS 8.32.070 AND 12.20.080 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED: William Elwell, American Cancer Society, Relay for Life, re: to allow the playing of music and announcements via speakers, as well as the erection and use of tents on public land (Bentley Field) during their overnight outdoor gathering to raise funds for the fight against cancer which will take place from 9:00 a.m. on Saturday, June 8, 2013, through 10:00 a.m. on Sunday, June 9, 2013. William Elwell, 12068 Stark Road, said this is the fourth consecutive year of holding the event at Bentley Field. The event was very well attended last year and they expect an even better turn out this year. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Kathleen A. Fitzgerald, re: to be held on May 27, 2013, from 2:00 p.m. to 8:00 p.m. on Cranston, between Elmira and Orangelawn, with no rain date requested. Brosnan said Mrs. Fitzgerald was unable to attend this evening and asked Brosnan to present the request on Mrs. Fitzgerald's behalf. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 3. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Andrea Kunish in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Andrea Kunish, 32140 Parkwood, Westland, stated she was applying for massage apprentice permit. She indicated that she would be working for Michigan Therapeutic Massage on Five Mile Road in Livonia. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Alivia Somerville in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Alivia Somerville, 169 W. Pearl, Hazel Park, stated she would be working for LaVida Massage located at Five Mile Road and Merriman Road in Livonia. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. REQUEST FOR APPROVAL OF THE 2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ANNUAL PLAN AND BUDGET; AND REQUEST TO APPROVE HOLD HARMLESS CONTRACTS BETWEEN THE CITY OF LIVONIA AND FIRST STEP; FAIR HOUSING CENTER OF METROPOLITAN DETROIT; HEGIRA PROGRAMS; JACQUE MARTIN- DOWNS, MA/MSW; MR. JOHN V. FARRAR, ED.D. LPC; MADONNA UNIVERSITY; AND ST. JOHN HEALTH SYSTEM/EASTWOOD CLINICS: Livonia Housing Commission, re: in connection with the operation of a domestic violence victim assistance program; for the purpose of providing fair housing; and for the mental health counseling program provided for through the Community Development Block Grant (CDBG) programs for the 2013-2014 program year. (CR 39-13) Jim Inglis, Executive Director of Housing, presented the request to Council. He said the recommended final program design, budget and Annual Action Plan for the 2013-2014 CDBG program has been provided to Council for review. The Annual Action Plan serves as the formal application for the CDBG program and must be submitted to the federal Department of Housing and Urban Development by May 15, 2013. Inglis stated at the regular meeting of February 25, 2013 the Council authorized tentative approval for a proposed CDBG program and budget for fiscal year 2013-14. The estimated CDBG allocation of $282,958.00 plus un- programmed funds of $40,000.00 is designated in the final Action Plan pending final Congressional appropriations on the formula allocation. The Housing 3 Commission-Community Development Office has held two public hearings and provided a thirty-day public comment period. The Housing Commission did not receive any written public comments. They are recommending City Council approve the proposed 2013-2014 CDBG program and Annual Action Plan. It is also requested that the Council authorize the Director of Housing, Mayor and the City Clerk to execute the contract documents on behalf of the City of Livonia with sub-recipients First Step, Fair Housing Center and approved mental health counseling providers, Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) TORO GROUNDSMASTER 3500-D UTILIZING THE STATE OF MICHIGAN BID PROCESS: Department of Parks & Recreation, re: for golf course maintenance from budgeted funds. Lyle Trudell, Superintendent, Parks & Recreation, said they recommend Council approval for the purchase of one (1) TORO Groundsmaster 3500-D (#30839) in the amount of $32,651.63, through the State bid process. The State bid this year was awarded to Spartan Distributors, Mr. Michael Brannigan, Commercial Sales, 487 W. Division Street, P.O. Box 246, Sparta, MI 49345. Mr. Brannigan works out of the Auburn Hills office: 1050 Opdyke Road, Auburn Hills, MI 48326. Funds are available in the Parks and Recreation Capital Improvement and Machinery and Equipment Account. They further recommend that Council authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan price and no advantage to the City would result from competitive bidding. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) ECLIPSE 322; SIX (6) HEAVY DUTY, DEEP CYCLE 8V BATTERIES; AND THE COST OF FREIGHT UTILIZING THE STATE OF MICHIGAN BID PROCESS: Department of Parks & Recreation, re: for golf course maintenance from budgeted funds. Lyle Trudell, Superintendent, Parks & Recreation, said they recommend Council approval for the purchase of one (1) Eclipse 322 in the amount of$29,618.00; six (6) Heavy Duty, Deep Cycle 8v Batteries, in the amount of $1,170.00; and the Freight Charge of $400.00 for a total of $31,188.00, through the State bid process. The State bid this year was awarded to Midwest Golf & Turf Company, Mr. Barry Beard, Territory Manager, 10737 Medallion Dr. Suite A, Cincinnati, OH 45241. Funds are available in the Parks and Recreation Capital Improvement 4 and Machinery and Equipment Account. They further recommend that Council authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan price and no advantage to the City would result from competitive bidding. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST TO ACCEPT A U.S. DEPARTMENT OF JUSTICE, JUSTICE ASSISTANCE GRANT (JAG) IN CONJUNCTION WITH WAYNE COUNTY DEPARTMENT OF HOMELAND SECURITY: Division of Police, re: to purchase law enforcement equipment, no matching funds are required. Police Chief Curtis Caid presented the request to Council. The Livonia Public Safety Division of Police is requesting authorization to accept $10,161.00 in funding available under the U.S. Department of Justice, Justice Assistance Grant (JAG). This JAG funding was awarded to the Livonia Police Department in conjunction with a joint application submitted by the Wayne County Department of Homeland Security. The JAG program is administered by the Wayne County Sheriff's Office. JAG funds are eligible to purchase law enforcement equipment which may include computers, radios, officer safety equipment, guns, planning, evaluation and technology improvement. There are no matching funds required under this grant. Expenditures made under this grant are reimbursed by the Office of the Wayne County Sheriff, in accordance with an Intergovernmental Agreement between the City of Livonia and the County of Wayne. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. AWARD OF BID: Division of Police, re: for Computer System Network Support for the Police and Fire Departments for a period of five (5) years from budgeted funds. Police Chief Curtis Caid presented the request to Council. The Livonia Division of Police requested sealed bids for Network Support for five (5) years for their computer system, which includes support for the fire department. The bids were also advertised on the Michigan Inter-governmental Trade Network (MITN). On October 30, 2012, the three (3) bids received were publicly opened with the following results: RCM Technologies $142,400.00 700 Tower Drive, Suite 610 Troy, MI 48098 5 Information Systems Intelligence, LLC $155,000.00 5975 Crossroads Commerce Pkwy SW Wyoming, MI 49519 Enerton $424,335.00 24705 Mound Road Warren, MI 48091 RCM Technologies is their current Network Support vendor and has been for the past 5 years. During this time, they have provided the City with excellent service. RCM Technologies not only is the overall low bidder, but they were also lower than the others when each year was looked at individually. The breakdown of each year's cost is: • 1 st year: $26,400 • 2nd year: $27,440 • 3rd year: $28,480 • 4th year: $29,520 • 5th year: $30,560 They are recommending that Council award a contract to the low bidder, RCM Technologies; funds are budgeted for this purpose and will be paid annually. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST TO APPROVE THE PURCHASE OF UNINTERRUPTED POWER SUPPLY (UPS) BATTERIES FROM SOLE SOURCE: Division of Police, re. for the purchase of eighty (80) UPS replacement batteries from Eaton Corporation, the manufacturer of the system. Police Chief Curtis Caid presented the request to Council. The Livonia Division of Police is requesting authorization to waive the sealed bid process to purchase 80 UPS replacement batteries. The UPS system provides the computer system in the police department with uninterrupted electrical power. It also helps smooth electrical spikes and voltage dips that are harmful to sensitive computer equipment. The batteries are near end of life and due to be replaced. Eaton Corporation is the manufacturer of our UPS system and is the sole source provider for these items. The cost of the batteries and installation is $24,184.00; funds are budgeted for this purchase Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6 11. REQUEST FOR AUTHORIZATION TO PURCHASE EIGHT (8) MARKED PATROL VEHICLES UTILIZING STATE OF MICHIGAN AND OAKLAND AND MACOMB COUNTY CONSORTIUM BID PRICING: Division of Police, re. for the purchase of four (4) Ford Utility Police Interceptors, two (2) Dodge Charger Police Package, and two (2) Chevrolet Tahoe Police Package to be utilized by the Uniform Division from budgeted funds. Police Chief Curtis Caid presented the request to Council. The Livonia Division of Police is requesting authorization to purchase eight (8) marked patrol vehicles which would be utilized by the Uniform Division. This proposed purchase would utilize $204,132.28 of the $249,000.00 that was budgeted in the Capital Vehicle Account. These units are scheduled replacements. The Ford Utility Police Interceptors, the Dodge Chargers with Police Package, and one of the Chevrolet Tahoes are general duty patrol vehicles. The other Tahoe is a replacement for the K-9 vehicle. They are requesting a waiver of the sealed bid process, based on the Police Department's association with three bid/purchasing consortiums (the State of Michigan and the Counties of Oakland and Macomb). Upon receipt of various bids and specifications, the department conducts an analysis and selects the low bidder, regardless of consortium affiliation. They request to purchase the following vehicles from the Macomb County bid: (4) 2013 Ford Utility Police Interceptors@ $26,058.00 each from: Signature Ford 1960 E. Main Street Owosso, MI 48867 They request to purchase the following vehicles from the State of Michigan bid: (2) 2013 Dodge Charger Police Package@ $23,437.43 each from: Bill Snethkamp 6131 S. Pennsylvania Ave. Lansing, MI 48911 (2) 2013 Chevrolet Tahoe Police Package@ $26,512.71 each from: Shaheen Chevrolet 632 American Road Lansing, MI 48911 Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7 12. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) MARKED PATROL VEHICLE UTILIZING STATE OF MICHIGAN AND OAKLAND AND MACOMB COUNTY CONSORTIUM BID PRICING: Division of Police, re: for the purchase of one (1) 2013 Ford Police Interceptor Sedan to be utilized by the Uniform Division from insurance reimbursement, auction proceeds and budgeted funds. Police Chief Curtis Caid presented the request to Council. The Livonia Division of Police is requesting authorization to purchase one (1) marked patrol vehicle which would be utilized by the Uniform Division. This vehicle would be a replacement for a vehicle that was totaled in an accident in December 2012. Between the reimbursement by our insurance carrier and auction of the vehicle, we received $12,375.00 for the totaled vehicle. They propose to purchase one (1) Ford Police Interceptor Sedan, in the amount of $26,876.00, utilizing the insurance reimbursement and auction proceeds. The balance of $14,501.00 will come from funds that were originally budgeted for new scout cars. They are requesting a waiver of the sealed bid process, based on the Police Department's association with three bid/purchasing consortiums (the State of Michigan and the Counties of Oakland and Macomb). Upon receipt of various bids and specifications, the department conducts an analysis and selects the low bidder, regardless of consortium affiliation. They request to purchase this vehicle from the Macomb County bid: (1) 2013 Ford Police Interceptor Sedan, in the amount of$26,876.00, from: Signature Ford 1960 E. Main Street Owosso, MI 48867 Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 13. REQUEST FOR AUTHORIZATION TO PURCHASE TWO (2) UNMARKED POLICE VEHICLES UTILIZING STATE OF MICHIGAN AND OAKLAND AND MACOMB COUNTY CONSORTIUM BID PRICING: Division of Police, re: to be utilized by the Intelligence Bureau from the Drug Forfeiture Funds. Police Chief Curtis Caid presented the request to Council. The Livonia Division of Police is requesting authorization to purchase two (2) unmarked vehicles, which would be utilized by the Intelligence Bureau. This proposed purchase would utilize $49,760.26 of the $120,000.00 that was budgeted from the Drug Forfeiture funds. These unmarked units will be used in an undercover capacity, under unique circumstances, and were selected and configured with specific equipment to increase their performance and maximize their effectiveness in this unique role. These vehicles are being funded from State Forfeiture funds. The use of 8 these funds is limited in scope and this purchase conforms to state guidelines. They are requesting a waiver of the sealed bid process, based on the Police Department's association with three bid/purchasing consortiums (the State of Michigan and the Counties of Oakland and Macomb). Upon receipt of various bids and specifications, the department conducts an analysis and selects the low bidder, regardless of consortium affiliation. They request to purchase the following vehicles from the State of Michigan bid: (1) 2013 Dodge Avenger SXT@ $21,461.60; and (1) 2013 Dodge Durango CXT @ $28,298.66 from: Bill Snethkamp Dodge 6131 S. Pennsylvania Ave. Lansing, MI 48911 McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 14. REQUEST FOR AUTHORIZATION TO PURCHASE FIFTY-EIGHT (58) DELL LAPTOPS FOR USE AS IN-CAR MOBILE DATA COMPUTERS UTILIZING "CLEMIS" CONSORTIUM PRICING: Division of Police, re: to replace current units that are end-of-life, forty-four (44) for the police department and fourteen (14) for the fire department from budgeted funds. Police Chief Curtis Caid presented the request to Council. The Livonia Division of Police is requesting authorization to purchase 58 Dell Laptops for use as in-car Mobile Data Computers. Forty-four (44) of the units are for the police department and fourteen (14) are for the fire department. This is a scheduled replacement of units that are end-of-life. The cost of each unit is $2,853.38, totaling $165,496.04 ($125,548.72 for the police department and $39,947.32 for fire). Funds are budgeted for this purchase. They are requesting a waiver of the sealed bid process as a member of the CLEMIS Consortium. These computers were specifically configured by CLEMIS for this use, and Oakland County completed the RFP covering all of the CLEMIS member agencies. They request to purchase these computers from- Dell Marketing L. P. C/0 Dell USA L.P. P.O. Box 643561 Pittsburgh, PA 15264-3561 Brosnan offered the approving resolution for the Consent Agenda. 9 DIRECTION: APPROVING CONSENT 15. AWARD OF CONTRACT: Public Service Division, re: for a maintenance service contract for water main and sanitary sewer rehabilitation for a period of three (3) years with an option to renew for an additional two (2) year period utilizing a joint bid with Redford Township. Donald Rohraff, Superintendent, Public Service, presented the request to Council. The Department of Public Service over the last couple of years has been looking into a less intrusive way of doing preventative maintenance along with the emergency repairs of its water and sanitary sewer systems. We have used a variety of different methods including but not limited to open cutting, pipe bursting, spot lining and full length relining for pipe repairs. The aging infrastructure has quickly become and will continue to be a major focus of this department. In the last few years the City of Livonia has experienced multiple emergency situations that have needed to have the water and sanitary pipes repaired. These repairs have cost in excess of $350,000 (these repairs are not inclusive of our "normal" watermain breaks). What they have found to be one of the quickest and least intrusive means of repair is with pipe relining. They have used this type of repair and have been very pleased with the results. The cleanliness of these repairs, least amount of disturbance for homeowners, lack of restoration needed and the preservation/extension of the pipes useful life has made this the repair of choice. The relining of these pipes not only restores the pipes structural integrity but also reduces the amount of maintenance needed on the pipe moving forward. The Department of Public Service has worked with Redford Township in putting together a joint bid for a Water and Sewer Systems Maintenance Services Contract. The contract was placed on MITN (Michigan Intergovernmental Trade Network) from January 23, 2013 until February 19, 2013 and opened on February 19, 2013. The bid process produced 3 contractors who submitted bids. All proposals were reviewed by Redford Township and the City of Livonia. It was determined through the evaluation process that Liqui-Force Services, Inc. was the low bidder meeting required specifications for the sewer portion of the bid. Liqui-Force Services, Inc. was the only bidder meeting the required specifications for the watermain portion of the bid. The length of the contract is for three (3) years with an option to renew for an additional two year period. The City of Livonia has worked with Liqui-Force Services, Inc. on a number of jobs and been very pleased with the results. The funding for this contract is budgeted within the water and sewer fund and will continue the process of water and sewer infrastructure improvements for the City of Livonia. The Department of Public Service is requesting a not to exceed amount of $350,000.00 per year to make the necessary repairs and infrastructure system improvements. It is the recommendation of the Department of Public Service Division that Council award a contract to Liqui-Force Services, Inc., 28529 Goddard Road, Suite106, Romulus, MI 48174, and approve unit pricing for water main and sanitary sewer rehabilitation on an as needed basis, with an appropriation and expenditure in an amount not to exceed $350,000.00 annually, for completing all work required in connection with the maintenance and repairs of the water and sewer system. 10 Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 16. AWARD OF CONTRACT: Engineering Division, re: for the 2013 Asphalt Paving Replacement Program - Contract 13-A. Todd Zilincik, City Engineer presented the request to Council. Based upon the recommendation for scheduled maintenance in the Pavement Management Study, the Department of Public Works established an Asphalt Road Program for 2013. Their consultant, OHM Advisors (OHM) finalized plans and specifications for the subject project. A mandatory pre-bid meeting was held on March 8, 2013 and bids were taken on March 12, 2013. In response to the advertisement on MITN of bidding documents, five (5) bids were submitted. These bids may be summarized as follows: NAME OF BIDDER AMOUNT OF BID Florence Cement Co. $2,477 602.20** Shelby Twp., MI Nagle Paving Company $2,550,640.95 ($2,525,134.54 with Livonia, MI bidder's preference) Cadillac Asphalt, LLC $3,071,044.11 Belleville, M I Barrett Paving Materials, Inc. $3,148,646.60 Ypsilanti, MI Ajax Paving Industries, Inc. $3,221,189.72** Troy, MI ** Mathematical error corrected by OHM Advisors (OHM) Note: The summarized bids do not include the inspector day costs. The consultant has included this cost as part of their construction engineering (CE) cost previously approved by the City Council. The contractor was required to provide the number of days to complete the project. This bid is good until July 12, 2013. OHM has checked the references of Florence Cement Company and is familiar with their prior work, as Florence Cement Company has done numerous projects for the City of Livonia as well as projects for many local communities. They are recommending award to this contractor. In order to proceed with this project, they recommend that the Council award a contract in the amount of $2,477,602.20 to Florence Cement Company, 12798 23 Mile Road, Shelby Twp., MI 48316. 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. Authorize 11 an expenditure in the amount of $2,477,602.20 for the 2013 Asphalt Paving Program, Contract 13-A from budgeted funds. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 17. AWARD OF CONTRACT: Engineering Division, re: for the 2013 Concrete Road Repair Program — Contract 13-C. Todd Zilincik, City Engineer presented the request to Council. Based upon the recommendation for scheduled maintenance in the Pavement Management Study, the Department of Public Works established a Concrete Road Program for 2013. Their consultant, Anderson, Eckstein and Westrick, Inc. (AEW) finalized plans and specifications. A mandatory pre-bid meeting was held on March 8, 2013 and bids for the subject project were taken on March 12, 2013. In response to the advertisement, five (5) bids were submitted. These bids may be summarized as follows: NAME OF BIDDER AMOUNT OF BID Hard Rock Concrete, Inc. $625,784.50 Westland, MI G.V. Cement Contracting Company $724,323.00 Brownstown, MI Florence Cement Co. $803,327.90 Shelby Twp., MI Fiore Enterprises, LLC $841,200.00 Detroit, MI Major Cement Company $876,932.90 Detroit, MI Note: The summarized bids do not include the inspector day costs. The consultant has included this cost as part of their construction engineering (CE) cost previously approved by the City Council. The contractor was required to provide the number of days to complete the project. This bid is good until July 12, 2013. AEW has checked the references of Hard Rock Concrete, Inc. and is familiar with their prior work. Hard Rock Concrete, Inc. was the contractor for our 2011 Concrete Pavement Rehabilitation and Reconstruction Program. AEW is recommending awarding the contract to Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, MI 48185. They are further confirming that the bid unit prices are valid and are in the best interests of the City. In order to proceed with 12 this project, they recommend that the Council award a contract in the amount of $625,784.50 to Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, MI 48185. 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. Also, authorize an expenditure in the amount of$625,784.50 for the 2013 Concrete Road Repair Program, Contract 13-C from budgeted funds. Also, authorize an additional appropriation and expenditure of $158,386.70 from the unexpended fund balance of the Road, Sidewalk and Tree Fund. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 18. ADMINISTRATIVE RESPONSE TO COUNCIL RESOLUTION 448-12- Engineering Division, re: a special assessment district report for a 10-inch sanitary sewer main to service properties located at 15160, 15200 and 15230 Levan Road. (CR 448-12) Todd Zilincik, City Engineer presented the request to Council. The City received a request from Dr. Nawaf Masri at 15230 Levan Road requesting a special assessment district to install a new 10-inch sanitary sewer main. The proposed construction of the new 10-inch sanitary sewer main would allow it to become a public main and be maintained by the City of Livonia to service properties located at the following addresses: 15160, 15200 and 15230 Levan Road. These existing properties are currently connected utilizing a 6-inch private sanitary sewer. Council Resolution No. 448-12, dated November 7, 2012, referred the request to the Engineering Division for a report and recommendation. In accordance with Section 3.08 of the Livonia Code of Ordinances, they have prepared a special assessment report for the new sanitary sewer main at the above referenced location. The report included the following items- 1 . Method of Assessment 2. Description of Assessment District 3. Estimated Cost of the Project 4. Recommended Distribution of Cost 5. Proposed Assessment Schedule 6. Special Assessment District Plan They would like to recommend that due to the costs involved with this project, that this special assessment be paid over a ten (10) year period. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 13 19. WAIVER PETITION: Planning Commission, re: Petition 2013-01-02-03 submitted by Perrmella Harris, to operate an athletic training facility (Metro Cheer and Dance) located on the west side of Brookfield Avenue between Plymouth Road and Capital Avenue (11889 Brookfield Avenue) in the Southwest 1/4 of Section 27. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a request to operate an athletic training facility located within an M-1 light manufacturing zoning district. This property is located on the west side of Brookfield Avenue between Plymouth Road and Capital Avenue. The property in question is just less than one acre in size. There is an existing building on the property that measures 13,000 square feet in total size and is divided into two spaces. The abutting unit is occupied by a business called Hennig Machine Protection. The petitioner would propose to occupy the northerly half of the building. Hennig operates their business in the southerly portion of the building. They have about 6,500 square feet, the same amount of building space that the petitioner proposed to utilize. The unit that Metro Cheer and Dance would occupy includes the north part of the building. There are drive aisles both to the north as well as on the south side of the building. So, on either side of the building there is a drive aisle leading from Brookfield Avenue to a parking area in the back of the building. Parking for this site is adequate. The Planning Commission is recommending approval with stipulations relating to adequate barrier free access, as well as parking and lighting. Perrmella Harris, Metro Cheer and Dance, described the business to Council and was ready to answer any questions Council may have. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 20. WAIVER PETITION: Planning Commission, re: Petition 2013-02-02-04 submitted by Ahmad Ibrahim, to expand the existing restaurant (Sheesh Restaurant) and add seating, located on the northeast corner of Five Mile Road and Newburgh Road (37240 Five Mile Road) within the Century Plaza shopping center in the Southwest 1/4 of Section 17. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. The Sheesh Restaurant is located at the east end of the shopping center. Sheesh currently maintains 30 seats in compliance with the original waiver use approval. They would like to expand the restaurant into the adjacent vacant unit in order to increase the size of the restaurant and the amount of customer seating. They propose to increase the seating by roughly a total of 60 seats. All of these would be interior, and to staff's knowledge there is no plan for any outdoor seating at this time. Approval to increase this to 90 will require that the special requirement be waived by the City Council by a separate 14 resolution in which two thirds of the Council concurs. They are not proposing any exterior modifications to the building that we are aware of other than maybe an increase in the size of sign which they would be entitled to if they increase the lineal frontage of the store front. They would be allowed to go up to 40 square feet total from the current 20 square feet. Parking is adequate. Some concerns from neighboring residents regarding parking lot sweeping and trash pick-up are being addressed by the property owner. There were also concerns about the smell of the exhaust; he noted that the business owner is addressing that concern. McCann asked the petitioner about the improvements to the exhaust system he will be doing. Ahmad Ibrahim, Sheesh Restaurant, said they would be putting in a more powerful blower to blow the exhaust higher; he noted that they clean the exhaust every 3 months instead of every 6 months, as required. Brosnan asked the petitioner to describe the area to be expanded. Ibrahim said it will be very similar to the existing restaurant, he said they will be adding a waiting area to make it more comfortable for the public. Brosnan said she has been to the restaurant and the food is excellent and it is usually busy so the expansion should help expedite service to the patrons. She wished the petitioner continued success with the business. Brosnan offered the approving resolution for the Consent Agenda. Kritzman also said he has been to the restaurant and the food is excellent and wished the petitioner continued success. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: Henry Binder, 9207 Inkster Road, Water and Sewer Commissioner, talked about when he notice rust streaks on the Water Storage Tank on West Chicago and indicated that last September he had called and identified himself as a Water and Sewer Commissioner for the City of Livonia to a woman at the Detroit Sewer and Water Department and reported the rust streaks on the tank; he was told that someone would get back to him. He said he never heard back from them. He said after the leak the other day, he would like the City leaders to be diligent in following through with the City of Detroit to make certain that the necessary repairs are made. He said the Water Storage Tank is within close proximity to the residential homes and an elementary school and that if were to collapse the repercussions would be devastating. Dave Varga, Director of Administrative Services, explained the tank is currently shut down. The six pumps inside the tank and the tank itself will be inspected by an independent engineer that is contracted by the Detroit Water and Sewer Department. Depending upon the inspection findings it will either be put back in use or repaired and 15 then put back in use. Any concerns about the Water Storage Tank can be directed to the Mayor's Office. McCann asked Varga to provide Council with a copy the findings from the independent engineer prior to the Water Storage Tank being put back in service. Brosnan wished her husband, Sean, a Happy Birthday next week. President Toy wished everyone a Happy Easter. As there were no further questions or comments, President Toy adjourned the Study Session at 9:29 p.m. on Wednesday, March 27, 2013. DATED: April 5, 2013 TERRY A. MARECKI CITY CLERK