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HomeMy WebLinkAboutCOUNCIL STUDY - 2012-08-20 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD AUGUST 20, 2012 Meeting was called to order at 8:00 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. Vice-President Pastor wished State Representative John Walsh a Happy Birthday; his birthday was Sunday, August 19tH Brosnan thanked the Livonia voters for passing the Road Millage on August 7, 2012. Brosnan asked through the Chair to the City Clerk, what the cost of the upcoming Special Election to be held September 5, 2012, would be for the City. Terry Marecki, City Clerk, said it is estimated at $45,000 to $50,000. There is one issue on the ballot and that is the partial term of the U.S. House of Representatives seat for Michigan's 11th District, vacated by Thaddeus McCotter. Absentee ballots are available now and anyone interested in receiving an application for an absentee ballot can call (734) 466- 2121 or come into the City Clerk's Office and fill out an application. Brosnan wished her son, Rory, a Happy 15th Birthday today. Robinson announced the Livonia Symphony Orchestra will be celebrating their 40th Anniversary on Thursday, September 27, 2012; people interested in more information on their anniversary celebration may visit their website at www.livoniasymphony.org. Mayor Kirksey welcomed his granddaughter, Mackenzie, to town; she is here visiting from Denver. AUDIENCE COMMUNICATION: None. John Carlin, local attorney, 2855 Coolidge, Troy, who specializes in liquor licenses, updated the Council on recent changes to the law pertaining to liquor license transfers and how it affects Livonia. President Toy announced there is new data on Items #12, #137 #207 #317 #32 and #35. NEW BUSINESS 2 1. BLOCK PARTY: Denise Justice, re: to be held on Saturday, September 8, 2012, from 12:00 p.m. to 10:00 p.m. on Washington, between Hubbard and Indiana with a rain date of Saturday, September 15, 2012. Debra Green was present on behalf of Denise Justice who couldn't be here tonight. Debra said this is their 5t" Annual block party. She was ready to answer any questions Council may have. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Caren Shatter, re: to be held on Saturday, September 8, 2012, from 1:00 p.m. to 10:00 p.m. on Sussex, between Fitzgerald and Sherwood with a rain date of Sunday, September 9, 2012. Caren Shatter, 15642 Sussex, was present to answer any questions Council may have. Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. BLOCK PARTY: Chad A. Kundinger, re: to be held on Saturday, September 22, 2012, from 4:00 p.m. to 10:00 p.m. on Clements Circle N, between Harrison and Clements Circle E. with no rain date scheduled. Chad Kundinger, 28035 N. Clements Circle, was present to answer any questions Council may have. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Rosemary Astfalk in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Rosemary Astfalk, 24300 Civic Center Drive, #864, Southfield, was present to answer any questions Council may have. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3 5. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Michael David Hess in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Michael Hess, 39626 Hillary Drive, Canton, was present to answer any questions Council may have. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Anthony Rayford in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Anthony Rayford, 8246 Woodcrest, Apt. 2, Westland, was present to answer any questions Council may have. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Valerie Gibson in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Valerie Gibson, 1420 Saulk Trail, Tecumseh, was present to answer any questions Council may have. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Aleta Hollins in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Aleta Hollins, 30315 Timber Ridge Circle, Apt. 203, Farmington Hills, was present to answer any questions Council may have. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. APPLICATION FOR MASSAGE ESTABLISHMENT LICENSE: Office of the City Clerk, re: submitted by Michelle Clemens, Tri Life Connection, LLC, in 4 accordance with Chapter 49 of Title 5 of the Livonia Code of Ordinances, as amended, for property located at 39293 Plymouth Road, Suite 109D; Livonia, MI 48150. Michelle Clemens, 9950 Levan, was present to answer any questions Council may have. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Michelle Clemens in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Michelle Clemens, 9950 Levan, was present to answer any questions Council may have. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT President Toy passed the gavel at 8:50 p.m. to Vice-President Pastor and stepped down from the podium to avoid any perceived conflict of interest. 11. REQUEST FOR APPOINTMENT OF TWO (2) MEMBERS TO THE AUTHORITY BOARD FOR THE MICHIGAN MUNICIPAL SERVICES AUTHORITY (MSA): Office of the Mayor, re: from a list of three (3) nominees to represent the City of Livonia as authorized by Section 4.01 of the Interlocal Agreement between the City of Livonia and the City of Grand Rapids in creating the MSA. (CR 303-12) McCann said the Mayor has nominated three (3) very talented individuals for the appointments. He said it will be a difficult decision choosing and offered three (3) separate approving resolutions, one for each nominee, for the Regular Agenda. DIRECTION: 1) APPROVING — JAMES CAMBRIDGE REGULAR 2) APPROVING — RICHARD MCDOWELL 3) APPROVING — BRIAN MEAKIN Brosnan asked how long these board members would serve for. Mayor Kirksey said these appointments would be for a three (3) year term. Brosnan then inquired if the only issue they would ever need to concern themselves with these appointments is members of the Executive Committee could not be employees or officers of the State of Michigan but members of the Authority Board could be elected to serve on the Executive Committee. Mayor Kirksey confirmed that was correct. She said so there are really no restrictions on who can serve in this 5 capacity. Mayor Kirksey said the only situation is of the two individuals selected out of the three individuals that come before Council one of them could become a member of the Executive Committee and the other could serve on the Authority Board. So they are not strictly limited to the Authority Board. Brosnan then asked once the three year term is expired if they come back before Council for approval again or do they continue to serve at the pleasure of the Mayor. Mayor Kirksey deferred that question to the City Attorney, Don Knapp. Knapp responded by saying they serve at the pleasure of the Mayor. Brosnan confirmed with Mayor Kirksey that this is a 15 year agreement. Brosnan said that really even though these are three year terms these could potentially be someone they are appointing for the next 15 years. Mayor Kirksey added that would be correct if the same individual kept getting the confirmation from the different Mayors that would subsequently be elected. Robinson said that this will drastically change how municipalities work together and serve their residents over time. He noted that there is a great deal of responsibility with this Authority Board. He said obviously this Council will weigh carefully who they choose and noted that they are all excellent candidates. President Toy returned to the podium and resumed the gavel at 8:56 p.m. 12. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM OLSON BUSINESS ACQUISITIONS, LLC TO TRANSFER OWNERSHIP OF AN ESCROWED 2011 CLASS C LICENSED BUSINESS WITH A DANCE-ENTERTAINMENT PERMIT FROM FONTE BUSINESS ACQUISITIONS, LLC: Division of Police, re: for the business located at 32030 Plymouth, Livonia, MI 48150. McCann asked through the Chair to the Law Department, with the recent changes with the Michigan Liquor Control Commission, whether or not transfers with a Dance-Entertainment Permit still require approval from the local municipality. Don Knapp, City Attorney, confirmed it still required approval from the local municipality. McCann said it has been past practice that with a request of this nature with the Dance-Entertainment Permit that the City request confirmation in writing from the petitioner that they will not hold any lingerie shows or anything along those lines. Knapp said they will continue to send out their standard letter to the applicant once they receive notification of application. McCann asked if the City has received anything in writing from the petitioner with regard to this request confirming they will not conduct that type of activity. Knapp said is not aware of any letter being received and said if it was not included in the packet provided to Council he will check into that and report back to Council before the voting meeting. President Toy asked if the petitioner was present in the audience; there was no response. 6 Brosnan noted that new data was received on this item; there is an outstanding water bill. Brosan asked the Chair to move this Item to the next Study Meeting so the petitioner can be present to answer any questions Council may have. At the Direction of the Chair, this item is being removed from the Agenda and rescheduled to a future Study Meeting so the petitioner or his/her representative can be present. 13. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM RITE AID OF MICHIGAN, INC. TO TRANSFER OWNERSHIP OF AN ESCROWED 2011 SDD LICENSE FROM APEX DRUG STORES, INC.; TRANSFER THE LOCATION FROM 37980 ANN ARBOR, LIVONIA, MI 48150; IN CONJUNCTION WITH AN EXISTING 2011 SDM LICENSE: Division of Police, re: for the business located at 37355 Eight Mile, Livonia, MI 48152. Brosnan said currently there is an SDM license at this location, which is a beer and wine license. They can now automatically transfer in a license for spirits at this Rite Aid. She asked Knapp if that was the case. Knapp said he believes that is correct and noted that the City has 15 days to offer any thoughts and opinions. Brosnan pointed out that might not seem like a big deal but in the past on this Council it has been a big deal. She said some of them have staked a claim in that they believe drug stores ought to be selling beer and wine and only beer and wine; now the opportunity to sell spirits in addition to that has been totally eliminated from our purview. Knapp said if there was a request to transfer a license, depending upon the Zoning, no legislative approval would be required. Zoning Compliance is still required. Brosnan said if the new rule was not in place, in the case of this request, she said she would not have voted in favor of this. She stated she has been consistent in not voting for this type of a request. She said this new rule is taking away her opportunity to remain consistent with a non-favorable vote for transfers like this; now she doesn't even get to vote. McCann said he thinks they are back tracking a bit, he said this one they already approved the waiver use so they could have the SDD license, then once Council approved that, normally, they would come back to transfer that license or get a new license. McCann asked Mark Taormina, Director of Planning and Economic Development, for confirmation. 7 Taormina replied that was correct; as he understands the change to the MLCC rules. He said he thinks where the difficulty will lie is when an establishment already has an SDD license, for example, that establishment may have been approved via the waiver use process years ago and for whatever reason left that address and now there is a return of a license to that address via a transfer to the extent that the waiver use runs with the land, Council may not have an opportunity to consider that request for transfer. In that example, that would be a unique situation where the Zoning would comply, unless during this 15 day window, there may be some reason brought to the attention of the State that may cause them to delay or reconsider the transfer. McCann offered the resolution of no further action for the Consent Agenda. Knapp said Council should also receive and file the information. McCann offered the resolution to receive and file this information for the Consent Agenda. Robinson offered a resolution referring the matter to the Legislative Affairs Committee for its report and recommendation. DIRECTION: 1) NO FURTHER ACTION CONSENT 2) RECEIVE & FILE 3) REFERRING SUBJECT OF NEW MLCC RULES TO LEGISLATIVE AFFAIRS COMMITTEE 14. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM FOOD SERVICES OF LIVONIA, LLC TO TRANSFER INTEREST IN A 2011 CLASS C AND SDM LICENSED BUSINESS, BY DROPPING MARIO LEDDA, DECEASED AS A MEMBER THROUGH A TRANSFER OF 50% INTEREST TO A NEW MEMBER, BARBARA LEDDA (STEP 1): Division of Police, re: for the business located at 31735 Plymouth, Livonia, MI 48150. McCann offered the resolution of no further action for the Consent Agenda. McCann offered the resolution to receive and file this information for the Consent Agenda. DIRECTION: 1) NO FURTHER ACTION CONSENT 2) RECEIVE & FILE 8 15. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM JOE'S PRODUCE REQUESTING A NEW SDM LICENSE: Division of Police, re: for the business located at 33066 W. Seven Mile Road, Livonia, MI 48152. Mark Taormina, Director of Planning and Economic Development said this request is for a new SDM license for off premise. He recommended that Council handle this request as they normally would. The petitioner wants to move this along and he would hate to cause a delay if for some reason they didn't take the proper action. Michael Welch, 3205 Bennett, Dearborn, was present to answer any questions from Council. He said this is for the secondary license in their adjacent building. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 16. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM J & A KITCHEN INC. TO TRANSFER OWNERSHIP OF A 2011 CLASS C LICENSED BUSINESS FROM STERLING MORTGAGE & INVESTMENT COMPANY; AND TO TRANSFER THE LOCATION FROM 28455 PLYMOUTH ROAD, LIVONIA, MI 48150: Division of Police, re: for the business located at 34110 Plymouth Road, Livonia, MI 48150. Anthony Issa, 34026 Parkdale, was present to answer any questions from Council. President Toy asked what he wanted to do here. Issa said he wants to open a restaurant with liquor, beer and wine. Brosnan asked through the Chair to the Law Department, given the changes to the MLCC rules, this is just a transfer, how should they proceed. Knapp said he believes this is a new petition, not a transfer. Brosnan said it indicates on the Agenda that this is for a transfer. President Toy confirmed that it is a transfer. Knapp said then it appears that it would be another no further action and receive file. Brosnan offered the resolution of no further action for the Consent Agenda. Brosnan offered the resolution to receive and file this information for the Consent Agenda. Taormina said he didn't think it should be done that way; he said he believes it is a new location and requires Council action. Vice-President Pastor asked Taormina if that was because there was no liquor license now at that location. Taormina said that was correct. Vice-President Pastor said that is the difference; 9 there is no liquor license there now. Vice-President Pastor asked Taormina if the Zoning was in compliance. Taormina said yes, Council approved the waiver use. McCann said he doesn't see how they have any jurisdiction over this. Brosnan said she didn't know if Council had any authority to act on this request. Mr. Issa, the petitioner, said he did speak with John Carlin on his way out tonight and asked him how the change affected his request. According to the petitioner, he said Mr. Carlin said he didn't need to stay and that the change directly affected his request and that Council approval wasn't required. Mr. Issa said the Law Department and Council can confirm that information; he also said that he. issa chose to stay and address the Council. McCann said right or wrong, Council should offer the resolution for the petitioner; that way it won't hold him up. Robinson agreed that there was no need to hold up the petitioner; he also said that the Law Department needs to review the notification and clear up the confusion and figure out what does and does not need to be on the Agenda. Robinson offered the approving resolution for the Consent Agenda. DIRECTION: 1) NO FURTHER ACTION CONSENT 2) RECEIVE & FILE 3) APPROVING 17. AWARD OF BID: Division of Police, re: for the repair and painting of the jail floor from budgeted funds. Curtis Caid, Police Chief, presented the request to Council. They prepared specifications for the repair and painting of the jail floor. The specifications and request for bid were published in the Livonia Observer and were also requested via the Michigan Inter-Governmental Trade Network (MITN) website. Two (2) companies submitted bids on the project. They are recommending that Council award the bid to Seaway Painting, L.L.C., 31801 Schoolcraft Road, Livonia, MI 48150, in the amount of$17,962.00. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 18. AWARD OF BID: Division of Police, re: for the purchase of a new generator for the police building from budgeted funds with the current generator being deployed to another city facility which will be determined by DPS. 10 Curtis Caid, Police Chief, presented the request to Council. The generator that they are requesting to replace is 15 years old and doesn't supply enough power to the entire building during a power failure. The new public safety radio system requires additional electrical demand, causing the current generator to be even more overloaded. In addition, several areas of the police building are not provided back up power because of this overloaded condition. The Livonia Division of Police requested sealed bids for the purchase of a new generator for the police building. The request for bid was advertised on the Michigan Inter-governmental Trade Network (MITN) and the Livonia Observer. One (1) bid was received from MAS Electrical Services, Inc., 32940 Capitol, Livonia, MI. 48150. The bid from MAS is broken into three (3) parts. The main bid is for $180,900.00. Their bid specifications also asked for an assessment of additional work that would be required as identified by the contractor in order to fully implement this project. MAS identified other equipment and labor in the amount of$3,690.00 as being required to fully implement the project as detailed by us. After careful review of the bid, they concur with MAS' recommendation for the additional $3,690.00 expense and therefore included that in the above bid price. MAS provided them with a separate quote for an additional five (5) year extended warranty and maintenance agreement at a cost of$8,750.00. This is an addition to the two (2) year warranty supplied by the manufacturer, for a total of seven (7) years. After consulting with the Building Maintenance Superintendent of DPS/Building Maintenance, they do not recommend the purchase of this extended warranty/maintenance agreement. The DPS Building Maintenance Superintendent indicated that all of the City's generators are handled under another larger contract, which results in a substantial savings. Therefore, the total cost of this project is $184,590.00 and they request Council award the bid to MAS Electrical Services. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 19. AWARD OF BID: Division of Police, re: for the purchase of 165 Microsoft Office 2010 Licenses to upgrade both the Police and Fire departments from budgeted funds. Curtis Caid, Police Chief, presented the request to Council. This request is for approval to purchase 165 Microsoft Office 2010 Licenses. These licenses will allow both the police and fire departments to upgrade from their current Microsoft Office 2000 platform. Sealed bids were requested and it was also advertised on the Michigan Inter-governmental Trade Network (MITN). Eight (8) bids were received; one bid was withdrawn. The police department is requesting that Global Government/Educational Solutions, 6990 US Route 36 East, Fletcher, OH 45329, be awarded the contract as the lowest bidder, in the amount of $57,783.00. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11 20. AWARD OF BID: Division of Police, re: for the purchase of uniforms for a period of two (2) years, from budgeted funds. Curtis Caid, Police Chief, presented the request to Council. The Livonia Division of Police requested sealed bids for the purchase of uniforms. The bids were also advertised on the Michigan Inter-governmental Trade Network (MITN). Three (3) bids were received. Although Allie Brothers, Inc. is not the lowest bidder, they are the recommended vendor by the Police Department for the following reasons: Lou's Police Gear only bid on a small fraction of the requested uniform items and the items they did bid on were not the specified manufacturer. Although the bid by Priority One Emergency is $1,267.15 less expensive than Allie Brothers, the Police Department has received letters from Elbeco, Blauer and Fechheimer all stating that Priority One Emergency is not an authorized distributor of their respective uniform products, and none of these manufacturers will stand behind their product if purchased from Priority One Emergency. Since the majority of our uniform items are supplied by these three manufacturers, this is a significant issue. Allie Brothers has been the Police Department's uniform vendor since 197 4 and has provided excellent service to the Police Department. Allie Brothers is also the uniform vendor for the Livonia Fire Department and the Livonia Department of Public Works; if approved, this bid will be in effect for two (2} years with the option of a one-year extension. Brosnan recognized that the Mr. Allie, owner of Allie Brothers was present in the audience. He has been operating his business in the City since 1974. She thanked him for his many years of providing excellent service to the City and the community. Vice- President Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 21. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) REPLACEMENT MARKED PATROL VEHICLE UTILIZING THE STATE OF MICHIGAN, WAYNE COUNTY, AND OAKLAND COUNTY BID/PURCHASING CONSORTIUM PRICING: Division of Police, re: for the purchase of one (1) Chevrolet Caprice to be utilized by the Uniform Division from budgeted funds. Curtis Caid, Police Chief, presented the request to Council. The Livonia Division of Police is requesting authorization to purchase one 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 April 2012. They were reimbursed by their insurance carrier in the amount of $16,520.00 for the totaled vehicle. They propose to purchase one Chevrolet Caprice, in the amount of $26,823.10, utilizing the insurance reimbursement of $16,520.00. The balance of $10,303.10 will be expended from general funds that were originally budgeted for new police 12 vehicles. They are requesting a waiver of the sealed bid process, based on the Police Departments 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 does an analysis and selects the low bidder regardless of consortium affiliation. They request to purchase (1) 2012 Chevrolet Caprice 9C1 Police Patrol Vehicle in the amount of $26,823.10 from Shaheen Chevrolet, 632 American Road, Lansing, MI. 4891, from the Oakland County bid. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 22. REQUEST FOR AUTHORIZATION TO PURCHASE A ONE-YEAR SUPPORT AGREEMENT FROM SOLE SUPPLIER, MOTOROLA SOLUTIONS: Division of Police, re: for the "Offendertrak" Jail Management System. Curtis Caid, Police Chief, presented the request to Council. The Livonia Division of Police is requesting authorization to waive the sealed bid process to purchase a one-year support agreement for their "Offendertrak" Jail Management System. Offendertrak is proprietary software owned by Motorola and, therefore, only available through them. This software is critical to the operation of our Lock-up. The cost of the one-year agreement is $15,975.00 and money is budgeted for this agreement. They respectfully request to purchase this agreement from Motorola Solutions, 13108 Collections Center Drive, Chicago, IL 60693, in the amount of$15,975.00. Vice-President Pastor offered the approving resolution for the Consent Agenda. Brosnan asked Chief Caid what function this software provides to them. Chief Caid replied that it is used to log and track the contact the officers have with offenders while in their custody. DIRECTION: APPROVING CONSENT 23. REQUEST TO PURCHASE TASERS AND WAIVE THE SEALED BID PROCESS: Division of Police, re: for one hundred thirty-five (135) model X2 Lasers, holsters, power magazines, four-year extended warranty, and two hundred seventy (270) cartridges from a sole source using budgeted funds. Curtis Caid, Police Chief, presented the request to Council. The Livonia Division of Police is requesting authorization to waive the sealed bid process to purchase one hundred thirty-five (135) model X2 Tasers, holsters, power magazines, four- year extended warranty, and two hundred seventy (270) cartridges as outlined in their bid. Their current Tasers are beyond their useful life, are no longer under 13 warranty, and are failing at a high rate. Most often, broken Tasers cannot be repaired. Also, Taser is phasing out our current single-shot model X26 and will no longer support the X26. Taser technology has been a great asset to officers of the police department, reducing incidents of use of force, reducing claims and litigation of excessive force, reducing injuries to combative subjects and, most importantly, reducing injuries to their officers. They have negotiated a trade in credit for their current units of $210.00 per unit. In addition, Taser will waive the shipping fee, which would be approximately $1,800.00 for this order. Their insurance carrier, MMRMA, has indicated that this purchase would qualify for a RAP grant of $400.00 per unit. This grant would reimburse the City $54,000.00. They are requesting a waiver of the sealed bid process, as Taser is the only company offering a two-shot Taser and because MMRMA only recognizes the Taser brand as eligible for the $400.00 per unit reimbursement. They request to purchase the items outlined in the bid from Michigan Taser Distributing, 10422 Londonderry Drive, South Lyon, MI 48178, in the amount of$170,328.15. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 24. AWARD OF BID: Public Service Division, re: to purchase one (1) 2012 Trailer Mounted Debris Collector to be used for leaf collection and trade in a 2005 leaf collection machine from funds budgeted for this purpose. Donald Rohraff, Superintendent, Public Services, presented the request to Council. The Public Service Division has taken bids for one (1) 2012 Trailer Mounted Debris Collector in accordance with the requirements of the Finance Ordinance. Specifications were prepared by the Division and an advertisement for bids was placed in the Livonia Observer and on the Michigan Inter- governmental Trade Network (MITN); two (2) bids were received. The bid amount is inclusive of the trade-in of the old leaf machine. The leaf collection machine will be replacing a 2005 leaf collection machine. The life expectancy of these machines is five to seven years. The amount of repair costs associated with this machine has become excessive due to the inclement weather conditions it works in and the constant abuse it has received. In addition, a Bid Evaluation was done by the Fleet Manager, regarding specific information about each bid submitted, and his recommendation to award same to Old Dominion Brush Co., Inc., as they are the only company who met all of the specifications. It is the recommendation of the Public Service Division that the low bid meeting specifications, submitted by Old Dominion Brush Co., 5118 Glen Alden Drive, Richmond, VA 23231, be accepted to supply the Public Service Division with one (1) 2012 Trailer-Mounted Debris collector for the price of$19,450.00. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 14 25. AWARD OF BID: Public Service Division, re: to purchase one (1) 4,000 Pound Propane Powered Pneumatic Tire Forklift and trade in a 1979 forklift from funds budgeted for this purpose. Donald Rohraff, Superintendent, Public Services, presented the request to Council. The Public Service Division has taken bids for one (1) 4,000 Pound Propane Powered Pneumatic Tire Forklift. Specifications were prepared by the Division and an advertisement for bids was placed in the Livonia Observer and bid invitations were placed on the Michigan Inter-governmental Trade Network (MITN); six (6) bids were received. This piece of equipment will be a replacement for a 1979 forklift that is way beyond its expected useful life. The bid is inclusive of the trade-in of the old forklift. Low bidder did not meet specification; they failed to submit the required form of proposal. It is the recommendation of the Public Service Division that the low bid meeting specifications, submitted by Great Lakes Power Lift, 2006 Tobsal Ct., Warren, MI 48091, be accepted to supply the Public Service Division with one (1) 4,000 Pound Propane Powered Pneumatic Tire Forklift for the price of$22,139.44. Robinson asked Rohraff if they considered whether or not leasing was an option on this piece of equipment. Rohraff said they did but on this particular piece of equipment which tends to have a long life expectancy, such as the piece of equipment they are replacing, it is more cost effective to purchase rather than lease. Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 26. REQUEST TO APPROVE CONTRACT WITH SOLE SUPPLIER, EJ USA, INC. f/k/a EAST JORDAN IRON WORKS, FOR A PERIOD OF ONE (1) YEAR: Water and Sewer Board, re: for the purchase of stormwater, water main and sanitary manhole-related items in an amount not to exceed $60,000.00 annually. Donald Rohraff, Superintendent, Public Services, presented the request to Council. The Water and Sewer Board adopted a resolution and they recommend Council authorize purchases from EJ USA, Inc. f/k/a East Jordan Iron Works, 13001 Northend Avenue, Oak Park, MI 48237 for stormwater, water main and sanitary manhole related items not to exceed $60,000.00 annually from funds already budgeted for this purpose and waive the formal bidding process, since no advantage to the City would result from competitive bidding in this specialized type of work. Vice-President Pastor offered the approving resolution for the Consent Agenda. Robinson asked that it be placed on the Regular Agenda. 15 Robinson said to Rohraff that it would be helpful to Council when making a decision on a vote, to have the figure of how much it would save the City by not going out to bid on a contract like this one. DIRECTION: APPROVING REGULAR 27. REQUEST TO AUTHORIZE STANTE EXCAVATION CO., INC. TO PERFORM STREAM BANK STABILIZATION: Water and Sewer Board, re: adjacent to the existing 42 inch sanitary sewer to complete the emergency repair from budgeted funds. Todd Zilincik, City Engineer, presented the request to Council. They recommend Council authorize the City to contract with Stante Excavation Co, Inc. to provide stream bank stabilization adjacent to the existing 42-inch sanitary sewer to complete the emergency repair. The Sinacola Construction previously performed an emergency repair to the existing 42-inch sanitary sewer approximately 50 lineal feet with concrete and removed a large tree along with woody debris. The Engineering Department received the approval of the Michigan Department of Environmental Quality (MDEQ) permit# 12-82-0059-P dated July 6, 2012 to allow the stabilization of the stream bank based on plans submitted by Hubbell, Roth & Clark, Inc. (HRC) on July 10, 2012. The City of Livonia recently had a project advertised on MITN for the Whispering Willows Storm Water Detention Basin and 8 bidders submitted costs that varied from $281,563.40 to $502,342.00. Stante Excavating Co, Inc. was the lowest bidder and recently awarded the Whispering Willows Storm Water Detention Project in the amount of $281,063.40 at the July 23, 2012 City Council Study Session on the consent agenda. The Engineering Department has requested a cost proposal from Stante Excavating Co, Inc. to provide the stream bank stabilization to be completed by mid-September prior to them beginning work on the Whispering Willows Storm Water Detention Project. The cost proposal provided is in the amount of $55,397.00. After review the proposal, the Engineering Department is recommending to complete the emergency repair. It is important to complete the stream bank stabilization during the low flows of Bell Creek and dry conditions for accessibility to the site for completion in mid to late September. It is requested that Council authorize payment to the Stante Excavating Co, Inc., 46912 Liberty Drive, Wixom, Michigan 48393 in the amount of$55,397.00. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 28. REQUEST TO APPROVE ADDITIONAL FUNDS FOR THE 2012 WATER MAIN IMPROVEMENT PROJECT, CONTRACT 12-M: Water and Sewer Board, re: for concrete work, street repairs and minor restoration to complete the work from budgeted funds. (CR 208-12) 16 Todd Zilincik, City Engineer, presented the request to Council. They are seeking Council approval to provide additional funding for Contract 12-M to finish the streets at Roseland and Mayfield for water main improvements. They are looking to close out this project within the next month. Brosnan asked Zilincik to describe what work has yet to be done and what is the timeline. Zilincik said as Council may recall, Consumers Energy came in and did some replacements of their gas mains before they were able to begin; they subsequently started at the end of May, early June, to go in there and do tree removals and start the water main improvement on Roseland and then subsequently on Mayfield. The water mains were installed; they are now doing the completion of the sidewalk and street repairs, restoration, minor sprinkler repairs and any minor punch list items that will occur. He said they hope to have it finalized in September. Brosnan asked him how residents who have been impacted by this project can get their concerns addressed. Zilincik said the Project Manager has the punch lists; once the project is completed they will begin the restoration work and next spring they will come back and do the tree plantings. Robert Nastas, 10006 Auburndale, expressed his concern with this project in his neighborhood of Old Rosedale Gardens Subdivision. He said he has been walking the neighborhood and Mayfield street where they did the work looks pretty bad, many mature trees have been removed. He concerned about the impact of this project on the neighborhood with regard to the aesthetics and property values. Zilincik responded by stating they are cognizant of the fact of how valuable the trees are in the Old Rosedale Garden Subdivision. He said some trees may need to come down and they will handle those tree removals in a very delicate manner and they will keep the residents informed. Kritzman asked Zilincik for explanation of why these additional funds were not included in the initial request for funding of this project; he said $88,000 is a significant percentage. Zilincik explained that the estimated project cost was over $600,000 but he was working with limited funds and had to decide what portions of the project they could complete with the limited funds; he also received approval for the unit bid pricing and would come back to Council for the approval of this additional funding once the number of units was determined. Now that the number of units has been determined, they are requesting the additional appropriation of funds. Robert Nastas, 10006 Auburndale, asked Zilincik if they are using a directional boring machine why tree removal is even necessary. Zilincik answered through the Chair to Nastas, that some of the trees have outgrown the greenbelt and have uprooted the sidewalks and become a liability for the City. They will be replaced with different species of trees. 17 Mike Higgins-Luthman, 11014 Auburndale, expressed his concerns regarding this project and the removal of trees in the Old Rosedale Gardens Subdivision. Zilincik said that he is fully aware of how important the trees are to the residents of Old Rosedale Gardens Subdivision and said they will meet with the residents there to keep them fully aware of the project and of any tree removals that may be deemed necessary, he assured them he would what he could to preserve the trees. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 29. REQUEST TO APPROVE A PROPOSED SPECIAL ASSESSMENT DISTRICT FOR THE RENNOLD'S RAVINE STREAMBANK STABILIZATION PROJECT: Engineering Division, re: in accordance with the Livonia Code of Ordinances, as amended for the property owner's share of the project. (CR 323-11, 292-11, 209- 11, 44-99) Todd Zilincik, City Engineer, said they have been working on this project for a while and they were finally able to go out for bids; the low bid was from Erie Construction, LLC, in the amount of $249,403.00. Utilizing the grant funds, the estimated preliminary cost to each parcel affected comes out to $19,223.87 each. He said the grant expires in June 2013. They are requesting that Council set a date for the Public Hearing to hear any public comments and proceed forward from there. Pastor offered the approving resolution for the Consent Agenda. President Toy indicated she wanted it on the Regular Agenda. President Toy asked Zilincik if there was any additional relief for these property owners, perhaps through the DNR or DEQ. Zilincik said the City has done all it could to help limit the assessment to the property owners. The assessment is for 15 years at 2 '/2 %; he said the residents have been very cooperative. They realize without the grant funding the cost to them would be much higher. President Toy asked him if there is any type of warranty on this work. Zilincik said there is a one year performance bond on this project, they will check it in the spring for any areas of concern. President Toy asked Zilincik what residents in that area should do if they notice any erosion or have any concerns. Zilincik said they should contact the Engineering Division. Brosnan commended Zilincik on all the hard work he and his Department have put in to help secure the grant funds and limit the assessment to the property owners. She looks forward to the Public Hearing and welcomes any comments from the public. 18 DIRECTION: APPROVING REGULAR 30. REQUEST TO AMEND COUNCIL RESOLUTION #48-07: Planning Commission, re: Petition 2006-11-02-29 submitted by MNS Dining/Thomas's Family Dining, in order to convert a previously approved Tavern License (sale of beer and wine for consumption on the premises) to a full Class C liquor license (sale of beer, wine, mixed spirit drink, and spirits for consumption on the premises) in connection with an existing full service restaurant (Thomas' Family Dining) located on the south side of Plymouth Road between Farmington Road and Stark Road (33971 Plymouth Road) in the Northeast '/4 of Section 33. Mark Taormina, Director of Planning and Economic Development, said this request is to amend Council Resolution #48-07 dated February 14, 2007, in order to convert a previously approved Tavern License (sale of beer and wine for consumption on the premises) to a full Class C liquor license (sale of beer, wine, mixed spirit drink, and spirits for consumption on the premises) in connection with an existing full service restaurant (Thomas's Family Dining), located on the south side of Plymouth Road between Farmington Road and Stark Road. Thomas's Family Dining received waiver use approval (CR #48-07) to utilize a Class C liquor license on February 14. 2007. One of the conditions of approval specified: That this waiver is granted for the sale of beer and wine only, for the consumption on the premises, and shall not include mixed spirit drink or spirits as defined under the Michigan Liquor Control Code. The petitioner is requesting to amend the previous waiver use approval by removing this condition. Doing so would allow Thomas's to utilize a full Class C liquor license and the ability to serve its patrons mixed spirit drinks and spirits. It would also benefit the restaurant's catering and banquet business. The subject restaurant, Thomas's Family Dining, is a full service family style restaurant. The floor plan submitted shows seating for 152 customers and the petitioner has indicated that he does not intend to change the seating arrangement or increase the number of seats in connection with the use of a full Class C license. There are two existing Class C licensed establishments on the south side of Plymouth Road within 1,000 feet of the subject restaurant. The Plymouth Roadhouse Bar and Grill is located approximately 200 feet to the west and Woodland Lanes is located approximately 800 feet to the east. Also Tony's Kitchen (aka Dee Dee's), which is located across Plymouth Road approximately 200 feet to the northwest, is currently going through the waiver use process to utilize a Class C License. Because the proposed Class C License at this location is within 1,000 feet of these existing Class C Licensed establishments, approval of this request will have to be subject to the waiving of the separation requirement by the City Council by a supermajority vote in which two-thirds (Z) of the Members concur. This requirement may be waived with respect to those licensed establishments which are utilized primarily as restaurants or for dining facilities. Pastor offered the approving resolution for the Consent Agenda. 19 Brosnan asked Taormina if approved would this waiver use remains with the property; not the user. He replied that was correct. Brosnan offered the approving resolution restricting the waiver use to the petitioner for the Regular Agenda. Mark Kurak, 5027 Belmont Drive, Canton, inquired why Council was putting this restriction on him. Brosnan explained that he is the first with this type of request to come before the Council since the change in state law. DIRECTION: 1) APPROVING REGULAR 2) APPROVING — RESTRICTING WAIVER USE TO PETITIONER. 31. ADMINISTRATIVE RESPONSE TO COUNCIL RESOLUTION 277-12- Department of Law, re: to provide an analysis of the recently enacted Michigan Fireworks Safety Act ("FSA") as well as Livonia Code of Ordinances ("Code"). Don Knapp, City Attorney, said Council asked for analysis of the Fireworks Safety Act and how it affects the City. He said it is important to recognize the significant changes to the manner in which fireworks are regulated statewide. As Council may know, the Act preempts local units of government from enacting or enforcing an ordinance, code or regulation pertaining to or in any manner regulating the sale, display, storage, transportation, or distribution of fireworks except as provided in this Act. In addition, although a local unit of government may enact an ordinance regulating the ignition, discharge and use of consumer fireworks, the Act specifies that such an ordinance shall not regulate the use of consumer fireworks on the day preceding, the day of, or the day after a national holiday. Fireworks are addressed in Chapter 52 of Title 8 of the Livonia Code of Ordinances and defined in terms of "Class B" and "Class C" fireworks. These definitions need to be amended to conform to the state law definitions of consumer fireworks, low-impact fireworks and novelties. The proposed amendments will prohibit the use of consumer fireworks within the City except during the specified days surrounding a national holiday. The sale of fireworks to minors is prohibited and individuals shall not be allowed to use consumer or low impact fireworks while under the influence of liquor or drugs. The proposed amendments would also provide that a person shall not use consumer fireworks on public property, school property, church property or the property of another person without that organizations or person's express permission to use those fireworks on those premises. Minor changes are recommended to Sections 8.52 .050-070 which primarily address professional pyrotechnic displays within the City and are already fairly consistent with state law. Finally, the proposed amendments would repeal those sections of the ordinance which address transportation of fireworks and would reference the state law with respect to those sections of the ordinance which address storage of fireworks. As mentioned earlier, the Act preempts local regulation in these areas. The Act 20 requires the Michigan Department of Licensing and Regulatory Affairs to promulgate rules in conformance with National Fire Protection Association codes, including those which address issues such as transportation and storage of fireworks. Knapp acknowledged concerns that have been expressed by residents with regard to fireworks being set off in a closely populated area and areas with lots of trees; however, given the changes to state law there is nothing the City can do as long as the person lighting off the firework is in compliance with the new state law. Knapp said the Council may wish to try and suggest to the local legislators that they redefine what consumer and low impact fireworks are so that they are not including fireworks that shoot into the air and create a potential fire hazard and allowing municipalities' greater control regulating the time, place and manner. The proposed ordinance amendments are submitted for Council consideration and recommended adoption. President Toy said a lot of other cities put forth some restrictions after the law went into effect; she asked if they had studied those. Knapp indicated that the Law Department was already in the process of amending the Ordinance at the time Council referred this to them. The changes to the Ordinance prepared by the Law Department were sent to the Fire Marshal's office for review but that hadn't been completed by the time Council made this referral. Rather than deal with them one at time, they both come before Council simultaneously. President Toy said under the new data, they have an article that was done by the Detroit News in August addressing some of the comments by the House of Representatives. McCann expressed his concerns with the enforcement to the new changes to the law and the penalties that go along with them. Kritzman expressed his concerns with the enforcement to the new changes to the law and the potential liabilities. Robinson thanked Knapp for his report. He said it is helpful to Council. Brosnan said she hesitates to move forward with a first reading and encouraged residents to contact their legislators with their concerns related to the newly enacted changes to the fireworks law. She also said she believes further discussion is warranted to address concerns; such as those mentioned at the table tonight. President Toy feels it would behoove Council to call upon the Michigan Municipal League and engage them in this matter. She encouraged residents to express their concerns to their legislators. Pastor offered the resolution to receive and file this information for the Consent Agenda. 21 DIRECTION: RECEIVE & FILE CONSENT 32. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to Chapter 52 (Fireworks) of Title 8 to conform to the state law definitions of consumer fireworks, low-impact fireworks and novelties namely to prohibit the use of consumer fireworks within the City except during the specified days surrounding a national holiday, prohibit sale to minors and prohibit use on public property , school property, church property or the property of another person without that organizations or person's express permission to use those fireworks on those premises and other changes regarding the transportation and storage of fireworks. Brosnan offered the resolution referring the subject to the Legislative Affairs Committee for its report and recommendation for the Regular Agenda. DIRECTION: REFER TO LEGISLATIVE REGULAR AFFAIRS COMMITTEE 33. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to Chapter 32 (Property Maintenance Code), to eliminate potential areas where rodents can harbor. Don Knapp, City Attorney, said this is an amendment to the Property Maintenance Code to eliminate potential areas where rodents can harbor. McCann offered the approving resolution on the Regular Agenda for First Reading. DIRECTION: APPROVING — FIRST READING REGULAR 34. ADMINISTRATIVE RESPONSE TO COUNCIL RESOLUTION 300-12- Department of Law, re: the issue of the ability and processes available to raise revenue and/or levy a tax of up to 2 mills as related to the PRDA. Don Knapp, City Attorney, presented the response to Council. Robinson offered the approving resolution to receive and file the Administrative Response and ask that it be included with their Budget Packet for the Regular Agenda. DIRECTION: RECEIVE & FILE REGULAR 35. REQUEST TO AMEND PLYMOUTH ROAD DEVELOPMENT AUTHORITY DISTRICT BOUNDARIES: Office of the Mayor, re: in order to facilitate the removal of residential properties. 22 Mayor Kirksey said this request is for Council's consideration, it is requested to begin the process of amending the boundaries of the Plymouth Road Development Authority District, in order to facilitate the removal of all residential properties. The initial step involves a referral to the Department of Law to prepare a Resolution of Intent to amend the Plymouth Road Development Authority District by removing the selected parcels and to request the Planning Department to prepare an appropriate map and furnish the same to the Department of Law with respect to this item. Upon receipt of these items, the Council's next action will be to set a public hearing date. Due to statutory requirements, the process -from beginning to end - will take a minimum of three (3) months to complete. The City's preliminary determination is that the PRDA District presently contains approximately twenty-two (22) residential properties, including single-family homes as well as multiple-family developments, such as Fountain Park Condominiums. Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President Toy adjourned the Study Session at 10:57 p.m. on Monday, August 20, 2012. DATED: August 28, 2012 TERRY A. MARECKI CITY CLERK