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HomeMy WebLinkAboutCOUNCIL STUDY - 2013-05-20 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD MAY 20, 2013 Meeting was called to order at 8:37 p.m. Present: Maureen Miller Brosnan, Brandon Kritzman, James McCann, Joe Laura, John Pastor, Thomas Robinson, and Laura Toy. Absent: None. 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. Vice-President Pastor wished his daughter and the Stevenson High School students a safe and happy Prom. Kritzman announced there will be a Blood Drive for the Red Cross on May 28, 2013 from 1:00 p.m. — 6:45 p.m. at the Livonia Civic Center Library and encouraged the public to participate in this event. Kritzman wished his wife, Rebecca, a Happy 13th Wedding Anniversary. President Toy reminded everyone the Memorial Day Ceremony will be held at the Veteran's Park Memorial Plaza on Saturday, May 25, 2013 at 9:00 a.m. to pay tribute to our veterans. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. REQUEST FOR NON-PROFIT DESIGNATION: Mike Horback, Michelle Horback Palgut Memorial Fund, re: as required by the State of Michigan to obtain a Charitable Gaming License to allow them to raise funds for their scholarship program by holding a Millionaire Party as a future event in coordination with other scheduled fundraisers. Mike Horback, 34179 Pembroke, presented their request to Council and was ready to answer any questions they may have. McCann asked Horback if any of the funds raised went to salaries. Horback replied no and stated that 99.5% of the funds go toward the scholarship in his daughter's memory. He said they making progress toward the scholarship becoming an endowment. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 2. BLOCK PARTY: Cindy Capen, re: to be held on Saturday, August 3, 2013, from 4:00 p.m. to 10:00 p.m. on Marie, between Knolson and Minton, with a rain date of Saturday, August 10, 2013. Cindy Capen presented her request to Council and was ready to answer any questions they may have. Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. BLOCK PARTY: Janel Barber, re: to be held on Saturday, June 22, 2013, from 1:00 p.m. to 10:00 p.m. on Gillman, between Seven Mile and Clarita, with a rain date of Sunday, June 23, 2013. Janel Barber presented her request to Council with some changes to the dates from June 22nd to June 15th and the rain date from June 23rd to June 16th; she was ready to answer any questions they may have. Pastor 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 Roberta K. Hester in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Roberta Hester presented her request to Council and was ready to answer any questions they may have. Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Sherman A. Daniels in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. The petitioner was not present in the audience. Laura requested that this item be moved to a future Study meeting. At the direction of the Chair, this Item was moved to a future Study meeting so that the Petitioner could be present to answer any questions from the Council. 3 6. REQUEST FOR AUTHORIZATION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CHARTER COUNTY OF WAYNE AND THE CITY OF LIVONIA TO ACCEPT GRANT FUNDING FOR IMPROVEMENTS TO LARRY NEHASIL PARK: Department of Parks & Recreation, re: to increase the practical use and handicapped accessibility of the park. Laura Cox, Wayne County Commissioner, encouraged support from the public for this project. Lyle Trudell, Superintendent of Parks & Recreation, said Wayne County is offering a grant in the amount of $127,000 to be used for improvements to Larry Nehasil Park. Trudell thanked Wayne County Commissioner, Laura Cox, for stepping up to the plate and allocating the grant funds to the City of Livonia for this project. Pastor offered the approving resolution for the Consent Agenda. Kritzman also thanked Wayne County Commissioner, Laura Cox, and Wayne County. He noted that the grant funding will make this project amazing. McCann recognized Kritzman as the lead architect on this project and commended him for all his hard work. McCann said he looks forward to the seeing the park after all the improvements has been completed. Mayor Kirksey also commended Wayne County Commissioner, Laura Cox, and Kritzman for all their hard work on this project. He also encouraged support from the public for this project. Laura Cox, Wayne County Commissioner, added that she hopes next year to be able to bring back to the community at least an additional $100,000 grant for Phase II of the project, to help complete project. DIRECTION: APPROVING CONSENT 7. REQUEST FOR AUTHORIZATION FOR THE CITY OF LIVONIA TO PARTICIPATE IN THE MICHIGAN EMERGENCY MANAGEMENT ASSISTANCE COMPACT (MEMAC): Division of Police, re: to ensure that greater resources are available to us in the event of a man-made or natural disaster. Sergeant Brian Kahn, Emergency Preparedness Director, presented the request to Council; he said they are seeking authorization from the Council for the City of Livonia to participate in the Michigan Emergency Management Assistance Compact (MEMAC) to ensure that greater resources are available to the City in 4 the event of a man-made or natural disaster. Sergeant Kahn was ready to answer any questions Council may have. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. AWARD OF BID: Livonia Fire & Rescue, re: for the purchase of up to twenty (20) replacement sets of Turn-Out Gear (Structural Firefighting Protective Clothing) at a cost of$1,986.61 each from budgeted funds. Shadd Whitehead, Fire Chief, presented the request to Council stating this is for the purchase of up to twenty (20) replacement sets of Turn-Out Gear (Structural Firefighting Protective Clothing) at a cost of $1,986.61 each from budgeted funds. They are ready to proceed with ordering with the approval of the Council. He was ready to answer any questions Council may have. Pastor offered the approving resolution for the Consent Agenda. McCann asked Chief Whitehead if this was outer gear or under gear. The Chief replied it was outer gear. DIRECTION: APPROVING CONSENT 9. AWARD OF BID: Livonia Fire & Rescue, re: for supplying the Fire Department with uniforms and related uniform items for a period of two (2) years from funds budgeted. Shadd Whitehead, Fire Chief, presented the request to Council he stated this bid is for supplying the Fire Department with uniforms and related uniform items for a period of two (2) years. They respectfully request that City Council accept the bid from Allie Brothers. Allie Brothers was the only bidder that met all the bid specifications. Chief Whitehead was ready to answer any questions Council may have. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST TO ADVISE THE WAYNE COUNTY DEPARTMENT OF PUBLIC SERVICES (PERMIT SECTION) THAT THE CITY HAS APPROVED THE STORM SEWER PLANS AND WILL ACCEPT JURISDICTION AND MAINTENANCE OF THE STORM SEWER WITHIN THE PROPERTY LOCATED ON THE NORTH SIDE OF JOY ROAD, WEST OF WAYNE ROAD; AND REQUEST TO AUTHORIZE THE CITY ENGINEER TO EXECUTE A WAYNE COUNTY PERMIT ON BEHALF OF THE CITY: Engineering Division, re: for the 5 Parz-Saville Row Site Condominiums, located in the Southwest '/4 of Section 33, with Parz-Saville Row Site Condominiums to reimburse the City for any such maintenance that may become necessary. (CR 437-04) Todd Zilincik, City Engineer, presented the request to Council. He said In connection with the development of the property located on the north side of Joy Road, west of Wayne Road, the Wayne County Department of Public Services has requested that the City execute the standard storm water maintenance agreement. In the event that the homeowner's association does not perform the maintenance and repair of the storm water system, the City will then have the ability to perform any necessary repairs and then bill the homeowner's association. A representative of the City must be designated to execute the County permit in connection with this storm sewer construction. The Engineering Division has reviewed this matter and recommends that the following actions be taken: 1) Advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the north side of Joy Road, west of Wayne Road in the S.W. 14 of Section 33. In this connection, this office has received the attached maintenance agreement from the owner, Parz-Saville Row Site Condominiums, 24400 Ford Road, Dearborn Heights, Michigan 48124, requiring them to reimburse the City for any such maintenance that may become necessary. 2) Authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction. 3) Authorize the Mayor to execute the maintenance agreement on behalf of the City. Zilincik was ready to answer any questions Council may have. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. REQUEST TO AUTHORIZE ADDITIONAL APPROPRIATIONS AND EXPENDITURES: Engineering Department, re: for additional work required to complete the work on the Whispering Willows Storm Water Detention Project. (CR 224-11 & CR 315-12) Todd Zilincik, City Engineer, presented the request to Council. He stated that City Council previously approved OHM Advisors in the amount of $80,000.00 for professional services that included design, construction staking, inspection and 6 reporting for this project. Furthermore, the City Council approved an expenditure to Stante Excavating Company, Inc. for the Whispering Willows Storm Water Detention Project, $140,781.70 of which will be reimbursed from the Rouge River National Weather Demonstration Project Round X, Part "B" Grant Program for Storm Water Related Activities. Thus, the total projects costs were approved in the amount of $361,563.40 for a grant that allows funding to the City of Livonia for a 50% reimbursement, up to $400,000. The project is almost complete. The grant requires completion by June 30, 2013 and an extension was allowed from the previous deadline of December 31, 2012. During the project, the following additional costs were incurred that were necessary to complete the project: • Additional Tree Removals: $6,405.00 • Temporary Asphalt Approach on 8 Mile Road: $1,830.70 (Required by Wayne County) • Additional Excavation 1 Earthwork: $22,074.99 • Additional Asphalt Pavement for Cart Path, Stone, Concrete $8,125.91 Curb, Underdrain, and Miscellaneous Supplies TOTAL = $38,436.60 As a reminder, the benefits of the project will reduce runoff impacts through sustainable storm water management by providing new water storage areas to reduce current flooding volumes/velocities and protect existing habitat from destruction or pollution. Please see the attached pictures taken at the site on April 26 and May 3, 2013. In order to complete this project they are respectfully requesting that the City Council take the following actions: • Authorize an additional payment, not to exceed $38,436.60 to Stante Excavating Co., Inc., 48912 Liberty Dr., Wixom, MI 48393. The payment should be based on the bid unit prices, said amount to be adjusted based on the quantities of work actually completed. • Authorize an additional appropriation and expenditure in the amount of $38,436.60 for the Whispering Willows Storm Water Detention Project from the Unexpended Fund Balance of the Capital Projects Fund (401). • With $19,218.30 to be reimbursed from the Rouge River National Wet Weather Demonstration Project Round X, Part "B" Grant Program for Storm Water Related Activities. This will bring the total project cost to $400,000.00, with a total reimbursement from the Grant Program of$200,000.00. 7 Zilincik was ready to answer any questions Council may have. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12. REQUEST TO FURTHER DISCUSS THE SUBJECT OF REHABILITATION RENTAL HOMES IN THE CITY OF LIVONIA- Councilmember Maureen Miller Brosnan, re: same. Brosnan said that several residents have written the Council concerning rehabilitation rental homes in their neighborhoods. Brosnan said some of them are in the audience tonight and she invited them to come up to the podium and express their concerns to Council and the audience. President Toy asked if the owner(s) of any of these rehabilitation rental homes was present in the audience. There wasn't any response to her inquiry. She noted that Channel 7 News had recently done a story on a Dr. Broe who owns several homes in various communities and rents them out to people who are undergoing rehabilitation treatment for various reasons (mental health, alcohol and drug addictions). President Toy said the story indicates that this doctor is in some sort of trouble over this situation; she said to watch Channel 7 News for any follow-up segments on the story. Christina Laconte, 19303 Westmore, expressed her concerns with a four homes in her neighborhood that she believes are owned by Dr. Broe. She said she has found syringes and beer cans in her yard from residents living in these rental homes. She said if these people are supposed to be in a rehabilitation program they are not staying clean and there is no supervision monitoring their behavior. President Toy said it sounds like it warrants further looking into by the proper authorities. Vice-President Pastor asked Knapp if several unrelated people living together in a rental home violates the Ordinance. Knapp said the Ordinance does allow for up to 5 unrelated people to live together in a rental home. Knapp said however, the other issue of drug use is a police matter. Jan Estes, 19348 Westmore, said she lives across the street from two of these rental homes. She said Dr. Broe did just recently purchase one of these homes. She said two groups of people have already moved in and out of there. She said there is a lot of activity at the home behind 19303 Westmore. She said that there have been several garages broken into recently in the area. Robinson said clearly this is a disturbing and real issue to Ms. Estes. He said he applauds her and the neighbors for bringing it to attention of the Council. He also 8 applauded Brosnan for putting this on the Agenda. Robinson said to the Knapp, essentially what they are hearing is that these are rental homes and they fall under the Ordinance regulations for rental homes. He asked Knapp why the residents of these rental homes aren't considered to be under treatment if they are there under the supervision of a doctor. Knapp said when looking at Zoning, you are looking at the use of a property. If the residents are just living in the home and there is not a use that violates the Zoning Ordinance, then they are in compliance with their Zoning and not subject to a violation. So if the residents are receiving treatment off site and just living in the home, this does not violate the Zoning Ordinance. Presuming the home is maintained and meets the Rental Ordinance and complies with the Property Maintenance Code there would be no violation. Robinson asked Knapp if it would be worth revisiting the Ordinance and perhaps testing the language. He said he understands they are seeking treatment offsite; however, in his opinion, clearly they are circumventing the Ordinance and clearly they are under a doctor's care. He said by practice it is a treatment facility. He inquired how they could tweak the Ordinance and test the language and say that they are going to call that a Treatment Facility. Knapp said there is always a value in reviewing the Ordinances and seeing what they can do differently. Knapp said he has some concern that they would be straying and going into some unintended consequences because everyone here at some point receives treatment. Robinson said there is difference in someone seeking treatment from a doctor and all the residents in one home being treated by the same doctor. Knapp again stressed that it is the use of the property that is looked at from a Zoning perspective. Knapp said if the treatment is not at the home that argument is a stretch. Robinson said to Knapp what about the Health, Safety, and Welfare of the neighbors; he asked if it would be worth having a stretch conversation relating it to that issue. Knapp said his concern is that in their effort to deal with this situation that has been brought before Council that their action my inadvertently affect others unintentionally. Knapp said if there were issues with illegal activities such as drugs or prostitution, then they would have a means of addressing the negative behavior at the home. He said however, without any police records or additional information, he can't provide an answer because he doesn't have enough facts. Pastor offered the approving resolution referring the subject of Rehabilitation Rental Homes in the City of Livonia to the Legislative Committee for its report and recommendation for the Consent Agenda. Brosnan said as they prepare to take this subject to Committee, she said she would appreciate a comprehensive report from the Law Department and Inspection Department. Brosnan inquired if there are people working in the rehabilitation rental homes, such as drivers, cooks, and/or cleaning people. She said the Ordinance that relates to Family Day Care Homes requires those homes to obtain a permit from the City. She said she thinks that is important to check and see what other communities are doing about rehabilitation rental homes. 9 Vice-President Pastor asked also for property owner information on these homes. Ms. Estes added a comment about information that was on the local news about a supervisor that worked for Dr. Broe that abused on the occupants of one of his rental homes. She said that was at the house right across the street from her and it was on the television. Ms. Estes said there is more going on at these rental homes and it should be investigated. Knapp said they will do whatever they can to provide Council with as much information as possible so that they can make an informed decision on the subject. President Toy said there have some serious allegations made about an employee at a rehabilitation rental homes sexually abusing female patients who couldn't afford to pay their rent, he allegedly said he would accept sexually favors in lieu of paying her rent. President Toy said it was all over the news last week. Ms. Laconte said she had heard that Dr. Broe was chased out of other communities, Novi, Plymouth and Redford. She said he clearly doesn't have these patients best interest in mind as evidenced by locating these rehabilitation rental homes just blocks away from two different bars. Robinson asked Knapp if they would have any more leverage if the residents did not have written leases. Knapp replied it is still a matter of the use of the property. Robinson said he looked forward to further discussion on the matter in Committee. DIRECTION: REFER TO LEGISLATIVE CONSENT COMMITTEE FOR ITS REPORT & RECOMMENDATION 13. REQUEST FOR REFERRAL TO THE COMMITTEE OF THE WHOLE AND A REQUEST FOR AN UPDATED ADMINISTRATIVE REPORT: Council President Laura Toy and Councilmember Thomas Robinson, re: the subject of the soccer fields at Jaycee Park which is leased by the Michigan Wolves and Hawks Soccer Club and the turf field installed by the Soccer Club. President Toy said she would like the subject of the soccer fields at Jaycee Park which is leased by the Michigan Wolves and Hawks Soccer Club be referred to the Committee of the Whole and to also request an updated report from the Administration regarding the turf field installed by the soccer club. She welcomed residents that wished to speak on the matter to come up to the podium and express their concerns. 10 Robinson also invited residents to come up to the podium and express any concerns they may have related to this issue. He did point out that it is also his intent to have this item go to the Committee of the Whole for further discussion. He noted that he did have some discussion with the President of the Michigan Wolves and Hawks Soccer Club and said that he indicated he would be open to discussion to address the concerns of neighboring residents. Robinson said residents will have an opportunity to address their concerns at a less informal meeting to discuss the subject further. President Toy recognized Livonia Public School Board Members, Dianne Laura and Julie Robinson, in the audience this evening. Todd Gilson, 31673 Fairfax, expressed his opposition to another turf soccer field at Jaycee Park. Mark Zagata, 19970 Mayfield, expressed his disappointment in the City's Parks and Recreation Administration regarding how they have allowed this soccer club to overrun the Jaycee Park and disturb the residents with heavy traffic associated with this soccer club. He feels the residents in the neighboring area were not given an opportunity to have a say in the matter and feels that they have no regard for the neighboring residents concerns related to the soccer club and traffic. He expressed his opposition to this soccer club being allowed at Jaycee Park. Michael Brewer, 20045 Hubbard, expressed his opposition to this soccer club being allowed at Jaycee Park. He expressed his desire for this soccer club to be relocated elsewhere. Jacob Baragray, 20071 Mayfield, expressed his concerns and opposition to this soccer club being allowed at Jaycee Park. He expressed his desire for this soccer club to be relocated elsewhere. Steve Swanko, 20065 Hubbard, expressed his concerns and opposition to this soccer club being allowed at Jaycee Park. Ron Muffler, 20215 Mayfield, expressed his concerns and opposition to this soccer club being allowed at Jaycee Park. He expressed his desire for this soccer club to be relocated elsewhere. Cathy Andrek, 19949 Mayfield, expressed her concerns and opposition to this soccer club being allowed at Jaycee Park. She said her home is right next to the park. She said the idling diesel engine tour busses cause her home to shake. She said the traffic is horrible. She said this is causing property values to decline in that area, she said no one would want to live next to park with all the traffic, noise and said that it is a shame because she really loves her home. 11 Robinson offered the approving resolution referring the subject of the soccer fields at Jaycee Park to the Committee of the Whole for its report and recommendation for the Consent Agenda. Tom Cisney, 32516 Norfolk, expressed his concerns and opposition to this soccer club being allowed at Jaycee Park. He expressed his desire for this soccer club to be relocated elsewhere. Brosnan asked for a report and recommendation from the Parks and Recreation Commission regarding the soccer fields at Jaycee Park. DIRECTION: REFER TO COMMITTEE OF CONSENT THE WHOLE FOR ITS REPORT & RECOMMENDATION AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President Toy adjourned the Study Session at 9:59 p.m. on Monday, May 20, 2013. DATED: May 30, 2013 TERRY A. MARECKI CITY CLERK