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HomeMy WebLinkAboutCOUNCIL STUDY - 2012-11-14 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD NOVEMBER 14, 2012 Meeting was called to order at 8:00 p.m. Present: Brandon Kritzman, James McCann, Joe Laura, John Pastor, Maureen Miller Brosnan, and Laura Toy. Absent: 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 #10 and there are two (2) X-items that will be discussed following tonight's Agenda. Mayor Kirksey announced that Franklin High School Band Boosters Club is seeking support from the community and asking for their votes in a contest to win up to a $50,000 grant; votes can be cast on the website www.powerabrightfuture.com you can vote once per day. Mayor Kirksey announced tomorrow at 9:00 a.m. here at City Hall there will be a meeting with other communities Livonia is working with in a collaborative effort to discuss possible sharing of resources and services; some of the other municipalities/government agencies are Wayne County, Canton and Dearborn. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Rino Soave, Infinity Construction Services, LLC, re: for the home being constructed at 18305 Melvin Ave. Rino Soave, Infinity Construction Services, LLC, 42400 Grand River, Suite 112, Novi, presented the request to Council. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Wendi Murray in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. 2 Wendi Murray, 20693 Josie Court, Livonia, was present to answer any questions Council may have. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST TO EXTEND WEED CUTTING CONTRACT 99-A: Inspection Department, re: with Michigan Grounds Management for the 2013 and 2014 seasons under the same rates, terms and conditions that were approved in 1999. (CR 173-99) Alex Bishop, Director of Inspection, said they recommend, once again exercising our contractual right to extend the contract as they have done in the past. They believe it is beneficial to the city to extend the contract by two (2) years at the prices originally set. They considered the possibility of having to rebid this contract and believe the costs to the city would be raised in two ways; one is by the actual bid cost and the second is the extra time that would be needed to train a new contractor and the extra supervision that would be required. Mr. Scott Hesskamp, owner of Michigan Grounds Management, has notified us by letter (copy attached) that he would be willing to accept a two year contract for 2013 and 2014 under the same rates, terms and conditions as 1999, upon approval of the City Council. He has further stipulated performance of the contract may start May 1st instead of the original May 15th date. They respectfully recommend that the contract be extended for the 2013 and 2014 seasons under the terms and conditions of 1999 with the start date advancing to May 1st. Michigan Grounds Management fulfilled the obligation of their 2011 contract and is completing the2012 contract, which was an additional two (2) year extension approved by Council in 2010. Michigan Grounds Management has upgraded their equipment as agreed to previously and continues to perform in an exemplary manner. Their experience and expertise is helpful in the performance of our duties and results in less time spent by us in directing the contractor to a site and in what is expected. It is also recommended at this time that Council authorize an advance in the contract amount from the Municipal Refuse Fund Account for the purpose of making payments to the contractor as he completes the work, with the provision that the Municipal Refuse Fund Account be reimbursed as the bills for weed cutting are collected. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST FOR AUTHORIZATION TO SELL CITY-OWNED PROPERTY PURCHASED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) AND THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Livonia Housing Commission, re: the vacant lots located at 20125 Floral, 3 16425 Rougeway, and 27621 Pembroke, for a total sale price of$41,000.00. (CR 139-10, CR 281-12, and CR 246-11) Jim Inglis, Executive Director of Housing, presented the request to Council. He said the Livonia Housing Commission is requesting City Council approval to dispose of three vacant lots pursuant to regulations stipulated by the U. S. Department of Housing and Urban Development (HUD). The Housing Commission acquired the properties through the Community Development Block Grant Program (CDBG) and the Neighborhood Stabilization Program (NSP). The properties had vacant substandard homes on the property which were razed through the CDBG and NSP programs. The Commission has no plans to redevelop the vacant lots; therefore disposal of the lots for fair market value is permissible by HUD regulations. The Commission obtained appraisals on the lots and solicited purchase offers for the fair market value as follows: Vacant Lot Address Appraisal/Fair Market Value 20125 Floral $157000.00 16425 Rougeway $167000.00 27621 Pembroke $107000.00 The Housing Commission has received conditional purchase agreements from Soave Construction Inc. in the amounts specified above. Therefore, the Livonia Housing Commission would respectfully request that the City Council authorize the sale of the above vacant lots with the proceeds from the sale being allocated to the CDBG and NSP programs as program income. Thank you for your consideration. Pastor offered the approving resolution for the Regular Agenda. Laura asked Inglis how much the City paid for the property and what the cost was to raze the property. Inglis said he didn't have those figures readily available with him; Laura asked him to provide that information prior to the voting meeting. Brosnan asked Inglis how the properties were advertised; Inglis said they were advertised on the Wayne County Multilist and then they entertain proposals through their real estate firm that they utilize and then they bring proposals to the City. Brosnan asked if signs were posted on the properties; Inglis replied no. Brosnan asked Inglis if there were any other offers besides this one; he replied no. He said this was the first one that came to them and they accepted it; he added that they can only sell it for fair market value. McCann asked Inglis if the neighbors were notified; Inglis replied yes. He said the only neighbor that showed an interest was on Pembroke, however, they felt that $10,000 was too much. They wanted it for much less than that which they were not permitted to do because they were not low income. 4 President Toy asked Inglis what size the lots were; he said he could provide an accurate answer to Council prior to the voting meeting. He said he believes they are all at least about 40 foot wide lots. President Toy asked if they were buildable, Inglis said that would be handled by the Building Inspection department and if there were any nonconforming issues the Zoning Board of Appeals. DIRECTION: APPROVING REGULAR 5. REQUEST FOR AUTHORIZATION TO PURCHASE TWO (2) REPLACEMENT MARKED PATROL VEHICLES AND ONE (1) UNMARKED VEHICLE UTILIZING THE STATE OF MICHIGAN, MACOMB COUNTY, AND OAKLAND COUNTY BID/PURCHASING CONSORTIUM PRICING: Division of Police, re: for the purchase of two (2) Dodge Chargers and one (1) Ford Police Interceptor Sedan to be utilized by the Uniform Division from budgeted funds. Captain Robert Nenciarini, Livonia Police Department, presented the request to Council for their consideration. The Livonia Division of Police is requesting authorization to purchase two (2) marked patrol vehicles and one (1) unmarked vehicle to be utilized by the Uniform Division. These vehicles are replacements for three (3) vehicles that were totaled in accidents in September and October 2012. They were reimbursed by their insurance carrier in the amount of $38,675.00 for the totaled vehicles. They propose to purchase two (2) Dodge Chargers in the amount of $47,896.36 and one (1) Ford Police Interceptor Sedan in the amount of $26,876.00. The $36,097.36 balance will be expended from funds budgeted. 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 does an analysis and selects the low bidder regardless of consortium affiliation. They request to purchase the Dodge Chargers from the State of Michigan bid: (2) 2013 Dodge Charger Police Patrol Vehicles totaling $47,896.36 from: Bill Snethkamp, 6131 S. Pennsylvania Ave., Lansing, MI 48911. They request to purchase the Ford Police Interceptor from the Macomb County bid: (1) 2013 Ford Police Interceptor Sedan@ $26,876.00 from: Signature Ford, 1960 E. Main St., Owosso, MI 48867. They are available to provide any additional information the City Council members may desire on this matter. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST TO ACCEPT QUOTATION FOR WORKERS' COMPENSATION INSURANCE: Department of Finance, re: with Citizens Management, Inc., for the period of December 1, 2012 to November 30, 2013. 5 Michael Slater, Director of Finance, presented the request to Council. He said the City's contract for administration of workers' compensation claims and for excess insurance coverage will expire on November 30, 2012. With the assistance of Lawrence Drummy of Perry and Drummy, Inc., quotes were solicited for these services for the period of December 1, 2012 to November 30, 2013. They recommend that City Council authorize execution of a contract with Citizens Management, Inc. (CMI), 645 West Grand River, Howell, MI 48843 to provide the City claims administration services and excess insurance coverage when losses from any one claim reaches $450,000 (General employees) or $750,000 (Police and Fire), for a total estimated premium of $124,078. The new rate reflects a 40% increase over the current rate. Since 1996, the City has enjoyed a very favorable market for workers' compensation insurance premiums. Competition between local carriers Citizens Management, Inc. and Accident Fund Company kept rates extremely low. The Accident Fund Company is no longer quoting new business in Michigan, which is resulting in pricing not seen since the early 1990's. In addition to the higher rates, coverage has been reduced. The current self-insured retention (SIR) is $350,000 per occurrence, which means the City pays the first $350,000 and the insurance company pays any costs that exceed this amount. The lowest SIR being offered for our renewal is $450,000 (General)/ $750,000 (Police and Fire). Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST TO RENEW THE CITY'S LIABILITY AND PROPERTY INSURANCE COVERAGE: Department of Finance, re: with the Michigan Municipal Risk Management Authority (MMRMA) for the period from December 1, 2012 to November 30, 2014. Michael Slater, Director of Finance, presented the request to Council. He said on October 29, 2012, he received a proposal from Michigan Municipal Risk Management Authority ("MMRMA") for renewal of the City's liability and property insurance coverage. The City's current policy with MMRMA is due to expire on November 30, 2012. The City is entitled to receive a net asset distribution of $1,293,468 upon renewal, which is more than the premium cost of $1,025,956. This welcome news makes the decision on renewal a likely formality. It is recommended that City Council authorize the execution of an agreement with the Michigan Municipal Risk Management Authority, 14001 Merriman Road, Livonia, Michigan 48154, for the period from December 1, 2012 to November 30, 2013, for a total premium of $1,025,956, and for the period December 1, 2013 to November 30, 2014, with a premium increase to be based upon reinsurance increases incurred by MMRMA in 2014, not to exceed eight percent. Pastor offered the approving resolution for the Consent Agenda. 6 DIRECTION: APPROVING CONSENT 8. AWARD OF BID: Public Service Division, re: for the 5-Year Sanitary Sewer Flow Monitoring and Rain Gauge Program 2012. Donald Rohraff, Superintendent of Public Service, presented the request to Council. The Public Service Division has taken bids for a 5-Year Sanitary Sewer Flow Monitoring and Rain Gauge Program 2012 in accordance with the requirements of the Finance Ordinance. Specifications were prepared by the Division, and an advertisement for bids was placed in the October 14, 2012 edition of the Livonia Observer. Bid invitations were placed on the Michigan Inter- governmental Trade Network (MITN). Two companies submitted proposals. The low bid was received from ADS, a Michigan company that has been performing this work for the previous five years. They have been pleased with the service provided by ADS. It is the recommendation of the Public Service Division that Council award a contract in an amount not to exceed $248,470.00 to the low bidder, ADS, 1100 Owendale Dr., Suite K, Troy, MI 48083, which meets specifications, for completing all work in connection with the 5-Year Sanitary Sewer Flow Monitoring and Rain Gauge Program from budgeted funds and authorize the Director of Public Works to approve any minor changes in the work as it becomes necessary. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Livonia Housing Commission, re: for a new home being constructed at 33680 Orangelawn. Jim Inglis, Executive Director of Housing, said the Livonia Housing Commission (LHC) would respectfully that the Engineering Department submit a sidewalk waiver request to the Livonia City Council for the new home located at 33680 Orangelawn, 48150. The Orangelawn neighborhood currently has no sidewalks and the residents support this waiver request. McCann offered the approving resolution for the Consent Agenda. Christopher Martin, 11037 Hubbard, said he has a friend that lives on that street and said while there are no sidewalks and he supports the waiver, he noted that it was formed for a sidewalk and feels that was a waste of time and money. DIRECTION: APPROVING CONSENT 10. WAIVER PETITION: Planning Commission, re: Petition 2012-09-02-22 submitted by Marx Collision to operate an auto body repair and paint shop 7 located on the southwest corner of Eight Mile Road and Milburn Avenue (30731 Eight Mile Road) in the Northwest '/4 of Section 2. Keith Beals, 37891 Lanse Creuse, Harrison Township, MI 48045, presented his request to Council. He said they offer a unique service. They bring a lot of vehicles in from the tri-county area. They do this by picking the vehicle up and bringing it to our shop and putting it inside and doing the repair for a customer who doesn't have the time to come by. So there's not going to be as many vehicles out in the area as it would seem in other shops because they have a different type of service. It's full service. People have insurance with car rental and when they have the car rental benefit; their car can be picked up, fixed and taken back to them. So they don't need to actually come to the shop. It gives them time to do mechanical repairs under their insurance when they're renting a car. So now they don't have to go to another shop and they can utilize the service that's offered from their insurance company, the rental service, to have their mechanical needs done at the same time. Then they would return the vehicle to them. Kritzman advised the petitioner of an outstanding water bill in the amount of$133 and asked him to take care of that prior to the voting meeting. Beals said he would take care of it tomorrow. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. WAIVER PETITION: Planning Commission, re: Petition 2012-09-02-23 submitted by Tail Wagger's 1990 to operate a wellness-spay/neuter center within the Harrison Square Plaza shopping center, located on the north side of Five Mile Road between Harrison Avenue and Middlebelt Road (28418 Five Mile Road) in the Southwest '/4 of Section 13. Mark Taormina, Director of Planning and Economic Development, Tail Wagger's 1990 is a non-profit organization that has been in existence for over 21 years. Tail Wagger's focus is on pet food assistance, spay/neuter programs, low-cost vaccinations, emergency services, and cruelty investigation/rescue. They support pet owners who are in need of assistance along with providing necessary funding for those animals in emergency situations. Tail Wagger's currently leases space (28402 Five Mile Road) in the Harrison Square Plaza and is proposing to occupy a second unit (28418 Five Mile Road) within Harrison Square Plaza. The new space would be utilized as a Community Wellness & Spay/Neuter Center. The petitioner/owner, Laura Zain, is here tonight. The Planning Commission is recommending approval with restrictions. Laura Zain, owner of Tailwaggers, 28402 Five Mile said Tail Wagger's received a grant from Petsmart Charities to spay/neuter animals in the Redford Township. 8 To date, over $55,000 is pending in grant requests for their spay/neuter program along with $75,000 of a capital grant to assist with their Wellness & Spay/Neuter Center. Tail Wagger's 1990 is proposing to occupy a second unit (28418 Five Mile Road) within Harrison Square Plaza. The new space would be utilized as a Community Wellness & Spay/Neuter Center. Services performed at this unit would include low-cost vaccinations and spay/neutering. The new proposed Wellness & Spay/Neuter Center would be separated from the current location by approximately seven (7) units and would be located near the west end of the center. The Wellness & Spay/Neuter Center would be open to the public under the direction of Dr. Cerie Couture, two additional licensed veterinarians and licensed vet techs. Animals would be seen by appointment. Spay/Neuter procedures would be performed on an out-patient basis, with no overnight stays. Animals are typically checked-in at 9:00 a.m. and released by 8:00 p.m. the same day. Animals that need additional overnight care would be transferred to Strong Veterinary Hospital. She said there is a need within the community for their services and noted that clients are seeking them out. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to Title 15, Chapter 16 (Fire Prevention Code), to eliminate paper copies of inspection reports in order to streamline operations and increase efficiency. Don Knapp, City Attorney, said the Fire Department has requested that Title 15, Chapter 16 (Fire Prevention Code) of the Livonia Code of Ordinances be amended to require private inspection and testing companies to furnish their inspection reports to the Livonia Fire Department electronically. These inspection reports are required to be sent to the Fire Department pursuant to the Fire Code; however, the Fire Department would like to eliminate paper copies to streamline operations and increase efficiency. Therefore, the Fire Department has recommended that these companies be required to send their reports by means of the IROL (I nspectionReportsOnLine.net) system. Accordingly, this office has prepared a proposed amendment to Title 15, Chapter 16 of the Livonia Code of Ordinances to add a new section which would impose the requirement of electronic reporting. The proposed amendment is submitted for consideration by the Council and is ready for a First Reading. Dan Lee, Senior Fire Inspector, was present to answer any questions from Council. Brosnan asked Lee if the private companies had the capability to send the reports utilizing the IROL system. Lee responded stating as long as they have internet access and register with IROL they should have no problems. He noted 9 that he has not encountered any problems with any of the companies they deal with currently. Brosnan offered the approving resolution on the Regular Agenda for First Reading. DIRECTION: APPROVING — FIRST READING REGULAR 13. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCE, AS AMENDED: Department of Law, re: to Section 155 of Title 15, Chapter 36, which is part of the Property Maintenance Code, in order to strengthen the Code by defining foundation walls to prevent areas that rodents can harbor. Don Knapp, City Attorney, said submitted for review of the Council is a proposed amendment to Section 155 of Title 15, Chapter 36 of the Livonia Code of Ordinances ("Code"), as amended, which chapter is part of the Property Maintenance Code. The amendment was drafted in consultation with Director of Inspection, Alex Bishop, who also recommends the proposed change. The purpose of the amendment is to strengthen the Code by defining foundation walls to ensure that they are structurally sound and maintained in such a way to prevent areas that rodents can harbor. Alex Bishop, Director of Inspection, was present to answer any questions Council may have. McCann offered the approving resolution on the Regular Agenda for First Reading. Brosnan through the Chair to Bishop, asked if this applied to new construction or if this was a maintenance issue. She asked what the direct impact was, homeowners or businesses. Bishop said this language mirrors the current definition that the City already has and its current and past practice, this just clarifies it as to every structure that is there, what a rat wall is — because it doesn't necessarily have to be concrete. This just gives the City additional tools to use should any problems arise. DIRECTION: APPROVING — FIRST READING REGULAR 14. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Law Department, re: to amend Sections 030 through 110 of Title 5, Chapter 30 (Entertainments and Amusements), to provide updates and modifications to the ordinances in conjunction with the language change recently amending the Livonia Zoning Ordinance No. 543, as amended. Don Knapp, City Attorney, said this comes before the Council in connection with the rezoning and waiver use approvals sought for the planned Dave & Busters 10 restaurant, the City has had occasion to revisit the longstanding mechanical amusement device regulations in both the Zoning Ordinance and Code of Ordinances. Petition 2012-08-06-10, for example, offers a zoning ordinance amendment which would give greater flexibility for Dave & Busters and other, similar businesses (e.g., Chuck E Cheese) to operate. Thus, the Department of Law is offering the proposed amendments to Chapter 30 of Title 5 of the Code of Ordinances. These changes have been requested by Dave &Busters and the concerns which were addressed by the existing code sections seem to belong to a bygone era. The proposed amendments are submitted for consideration by the Council and, if approved, adoption. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT X1. AWARD OF BID: Division of Police, re: for the purchase of 53 desktop computers from budgeted funds. Captain Robert Nenciarini, Livonia Police Department, presented the request to Council. He thanked Council for allowing this to be heard as an X-item. He clarified that 40 of these computers are for the Police Department and 13 of them are for the Fire Department who they help administer. He said he has also verified with Mr. Slater, Finance Director, that the funds were available in both the police and fire departments budgets. Laura offered the approving resolution for the Consent Agenda. Brosnan asked Nenciarini if they consulted with the City's Information Services Department with regard to compatibility when shopping for these new computers. He replied yes. Kritzman asked Nenciarini about one of the bids received. He said the bidder was listed as a resale dealer for HP, Kritzman wanted to be sure these were new computers, not refurbished or used. Nenciarini said these are all new computers, and said that is just the term they use to identify themselves as an authorized dealer for HP, they buy the new computers from HP and resell them still new and unused. DIRECTION: APPROVING CONSENT X2. AWARD OF BID: Division of Police, re: for the purchase of a Virtual Server for the Information Technology Unit of the Police Department to replace four current servers that are at the end of life, will increase storage capacity and add redundancy to the backup system from budgeted funds. 11 Captain Robert Nenciarini, Livonia Police Department, said they are requesting approval from the Council to purchase a virtual server. He said this did come from Mr. Dan Putman, Director of Information Systems, at City Hall. He recommended that they start heading to this virtual server. He said a normal server is one computer it serves one function. A virtual server is one computer that will serve as many different servers. So that is the direction in which they are heading. Brosnan 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 9:01 p.m. on Wednesday, November 14, 2012. DATED: November 20, 2012 TERRY A. MARECKI CITY CLERK