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HomeMy WebLinkAboutCOUNCIL STUDY - 2010-07-12 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD JULY 12, 2010 Meeting was called to order at 8:00 p.m. Present: Joe Laura, Laura Toy, Maureen Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, and James McCann. Absent: None. Elected and appointed officials present: Mayor Jack Kirksey; Don Knapp, City Attorney; Mark Taormina, City Planner; and Terry Marecki, City Clerk. Council President McCann announced that there will be three (3) "X" items at the end of the Study Meeting. Brosnan read a tribute on behalf of Mayor Kirksey and the Council to remember the late Robert (Bob) Griffin a resident of Livonia for over 30 years and a longtime business owner, community philanthropist and genuine champion of youth sports. He was a devoted husband to Bev for over 50 years; their marriage continues to serve as an example of true love to their children and grandchildren. Bob was the well-known owner of Griffin Sporting Goods. He sponsored hundreds of youth sports teams and provided uniforms, equipment and scholarships to those in need. He was one of the founders of Redford's Friends of McKenzie High School Alumni Association. He served our country as a United States Marine during the Korean War. Bob's dedication to his family, contribution to his community and service to his country will always stand as an example of an honorable life. Mayor Kirksey said the weather was ideal this past Saturday evening when the 338th Marching Army Reserve Band performed on the steps of City Hall; it was a great event. He thanked everyone involved for their participation in making this a successful event. He said the band members indicated they would be delighted to perform for the City again in the future. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. BLOCK PARTY: Kelly Bollman and Kate Barczuk, re: to be held Saturday, September 4, 2010, from 12:00 p.m. to 10:00 p.m. on Robert, between Denne and Sunset, with a rain date requested of Sunday, September 5, 2010. Kelly Bollman, 30906 Robert Drive was present to answer any questions. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 2. REQUEST TO APPROVE AND RECOGNIZE THE CLARENCEVILLE HIGH SCHOOL HOMECOMING PARADE TO BE HELD ON FRIDAY, OCTOBER 15, 2010; REQUEST TO APPROVE THE PARADE ROUTE AND THE CLOSING OF CERTAIN CITY STREETS; AND REQUEST TO DESIGNATE AND AUTHORIZE SERGEANT MIKE NOVAK TO SIGN THE WAYNE COUNTY ROAD COMMISSION PERMIT ON BEHALF OF THE CITY TO CLOSE A PORTION OF MIDDLEBELT ROAD WITH THE CITY TO ASSUME LIABILITY FOR ANY DAMAGE CLAIMS WHICH MAY ARISE AS A RESULT OF THE ROAD CLOSURE: Kevin Murphy, Athletic Director, re: same. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. TAX RATE FOR THE CLARENCEVILLE SCHOOL DISTRICT FOR THE YEAR 2010: Office of the City Clerk, re: as forwarded by the Executive Director for Business/Support Services. President McCann offered the resolution to receive and file this item for the Consent Agenda. DIRECTION: RECEIVE AND FILE CONSENT 4. TAX RATE FOR LIVONIA PUBLIC SCHOOLS FOR THE 2010-11 SCHOOL YEAR: Office of the City Clerk, re: as approved by the Board of Education on June 21, 2010. President McCann offered the resolution to receive and file this item for the Consent Agenda. DIRECTION: RECEIVE AND FILE CONSENT 5. PROPOSED ACQUISITION OF FANNIE MAE FORECLOSED PROPERTIES: Livonia Housing Commission, re: to acquire three (3) houses (19995 Inkster, 29524 Joy Road, and 20224 Angling) for appraisal price less a 1% discount, plus closing costs, from funds available through the Neighborhood Stabilization Program (NSP). Jim Inglis, Executive Director of Housing said he is still waiting to hear from Michigan State Housing Development Authority (MSHDA) whether or not Livonia is approved for additional recaptured funding to purchase these homes utilizing recaptured Neighborhood Stabilization Program (NSP) funding. He is seeking Council approval to purchase these homes from Fannie Mae with the additional recaptured funding once the City has obtained approval from MSHDA for the additional funding. Toy offered the approving resolution for the Regular Agenda. 3 Meakin asked Inglis why the City was paying the appraisal amount and not $1 like the other homes. Inglis said the other homes were purchased through HUD and these homes are through Fannie Mae and said there are different stipulations. Meakin asked if there would be stipulations with these homes as with the HUD homes regarding a maximum amount of how much money the City could sell them. Inglis said yes and explained since the City is using NSP funding he said the City cannot sell the home for more than what the City acquired it for plus the rehabilitation cost. Laura asked Inglis if all these homes were foreclosures; Inglis replied yes. Laura asked Inglis how long the foreclosure process takes. Inglis said typically it takes about 9 to 12 months. Laura asked Inglis if it has been a year since anyone has owned these homes. Inglis said that was correct. DIRECTION: APPROVING REGULAR 6. AUDIT REPORT: Livonia Housing Commission, re: for the fiscal year ending December 31, 2009, excluding Silver Village, Newburgh Village, the CDBG Program and single family City-owned properties. Jim Inglis, Executive Director of Housing, asked Council to receive and file the audit report. President McCann offered the resolution to receive and file this item for the Consent Agenda. DIRECTION: RECEIVE AND FILE CONSENT 7. AWARD OF CONTRACT: Department of Parks & Recreation; re: backstop and dugout replacement at Bicentennial Park Diamonds #2 and #3. Karen Kapchonick, Superintendent of Parks and Recreation, said they went out for bid for this contract. They are recommending American Fence and Supply Company from Wayne, Michigan be awarded the contract in an amount not to exceed $41 594.00. She said funds have been allocated for this project. Toy offered the approving resolution for the Consent Agenda. Laura asked Kapchonick how long the material is expected to last. She said the material they are replacing is 15 years old; however, she expects the new material to last longer. She said when they first installed it they were unaware of the high water table that is out there and therefore they've had a lot of the posts heave resulting in exposed concrete. 4 Meakin asked if these heaving posts with the exposed concrete were safety hazards and the reason why it needs replacing. She said that is correct along with the backstops, the wear and tear on the screening part of that. Meakin said and the dugouts are uneven because of the high water level, it's adjusting the concrete. She said that's correct. DIRECTION: APPROVING CONSENT NEW BUSINESS 8. AWARD OF CONTRACT: Engineering Division, re: recommendation of Qualification-Based Selection (QBS) Firms to perform all Professional Engineering Services on various Federal, State and Locally funded roads, bridge, storm sewer, sanitary sewer, water main, traffic signal modernization and pedestrian signal upgrades and other related projects for the remaining Fiscal year 2010 ending November 30, 2010, and through years 2011-2013. (CR 140- 10) Kevin Maillard, Director of Public Works, said they are recommending Council approval to award a 3-year contract to Orchard Hiltz & McCliment (OHM), Hubbell Roth & Clark (HRC), and Spalding DeDecker & Associates (SDA). Laura offered the approving resolution referring this to the Committee of the Whole for its report and recommendation. Meakin thanked Councilman Schwartz for all his work in this process. He was the Council representative to this Committee. He said Schwartz did 40 hours worth of work doing the research for all of these firms. He thanked Schwartz for saving the Council a lot of time. Meakin said to Maillard he appreciated the extensive process they did and asked Maillard if there was enough work to keep 3 companies happy or is it easier to do 2 or go to 4 for that matter. Maillard said probably not, he said they struggled between 2 to 3 companies to go with. He said at the interview process all firms were told if they were selected that they wouldn't be guaranteed 30% of the jobs. The jobs would be divided up and given to the most qualified and experienced firm for the specific job that brings the best value. He said they do not have enough work over the next 3 years to keep 3 firms busy. He said they enough work over the next 3 years to divide among at least 3 firms. Meakin offered an alternative resolution awarding the 3-year contract to 2 firms, those being Orchard Hiltz & McCliment (OHM); and Hubbell, Roth & Clark (HRC). He said he feels there is not enough work over the next 3 years for 3 firms. Schwartz congratulated all 12 firms who submitted proposals, he said it did involve quite a bit of work just preparing the proposals. There were 5 that stood 5 out from the rest and those were the ones they had face to face interviews with. He said his first choice would be to limit it to 2 firms and his second choice would be to go to 4 firms. President McCann asked Maillard if there was a timeline on this. Maillard said it's critical at this point, he said they have MDOT safety funding in a project on Merriman Road that they have to obligate in a month. He said they're in a hurry to get one of the federal aid projects underway here. President McCann said then time is of the essence. Maillard said in September they must have the project obligated. Pastor offered an alternative resolution awarding the 3-year contract to 4 firms, those being Orchard Hiltz & McCliment (OHM); Hubbell, Roth & Clark (HRC); Spalding DeDecker & Associates (SDA); and Anderson, Eckstein & Westrick (AEW). DIRECTION: 1) COMMITTEE OF THE WHOLE REGULAR 2) APPROVING — (OHM & HRC) 3) APPROVING — (OHM, HRC, SDA & AEW) 9. WAIVER PETITION: Planning Commission, re: Petition 2010-06-02-11 submitted by Livonia Koney, L.L.C. requesting waiver use approval to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on premises) in connection with a full service restaurant located on the north side of Seven Mile Road (29530 Seven Mile Road), in the Southeast '/4 of Section 2. Mark Taormina, City Planner, said this would be an intra county transfer of a license in escrow and was formerly utilized in connection with a Pizza Hut restaurant located in Redford Township. He said it does comply with all the separation requirements for the license. Planning Commission held a Public Hearing on June 29, 2010 regarding this request and is recommending approval as submitted. Patricia Keros, 5602 Pembroke, said she and her father, George Keros, are reopening their restaurant that was demolished during the construction of Livonia Marketplace. She said her father's restaurant has been there since March 1965 and said they will be reopening the restaurant and said she would be happy to answer any questions may have. Toy asked the petitioner what year her father opened the restaurant, she replied March 1965. Toy asked if there would be any outdoor seating. Ms. Keros said there is an enclosed patio with seating. Toy asked her if her father would be working there. Ms. Keros said she would be managing the restaurant with an experienced staff and said her father would be present. Toy offered the approving resolution for the Regular Agenda. 6 Laura asked the petitioner why they need the beer and wine license. Ms. Keros replied they are going back to the traditional type Coney Island restaurant where they serve Coney hotdogs and beer and also to help with their dinner business. She said it is still a family restaurant they are simply just adding beer and wine to the menu. Laura asked what the hours of operation would be. She said Monday through Saturday from 7:00 a.m. to 9:00 p.m. and Sunday from 8:00 a.m. to 5:00 p.m. Laura asked her what percentage of her sales she was expecting to be from beer and wine sales. She said not a big percentage, Laura asked her around 5 or 10 percent. She said that sounded about right. Meakin offered the approving resolution referring this to the Committee of the Whole for its report and recommendation. He is concerned other Coney Island restaurants will be lining up and applying for a beer and wine license. He said what is good for one is good for all. DIRECTION: 1) APPROVING REGULAR 2) REFER TO COMMITTEE OF THE WHOLE X-1 REQUEST FOR AUTHORIZATION TO PURCHASE AN OUTDOOR BULLET CONTAINMENT TRAP FOR THE RIFLE RANGE: Division of Police, re: utilizing Federal government contract pricing from drug forfeiture funds. Police Captain Ben McDermott, said they seeking authorization to purchase a 32 foot wide outdoor bullet containment trap for their current rifle range. He said this purchase would utilize $110,000 in State drug forfeiture funds. The current containment system was designed for limited low frequency use and just consists of a flat steel ballistic wall covered with pressed rubber blocks; that system was purchased many years ago when the use of rifles on the job was also very limited. Since that time the patrol rifle has become an everyday weapon and all of the officers who wish to carry a patrol rifle are issued one. Practice time and use of the bullet containment system has therefore increased. Consequently, the rubber blocks fill up with lead, require frequent maintenance, and also replacement. The disposal of these blocks becomes problematic because they are filled with hazardous lead waste and they are a constant issue at the range. At the rate the range is currently being used, they anticipate they'll have to be replaced on an annual basis at a cost of at least $12,000 every year. They believe the replacement interval will become even shorter once Schoolcraft College Training Complex opens and begins training there as well. Purchasing a ballistic high powered bullet steel trap is the only long term solution that they see as a solution. The proposed trap would collect the lead waste in canisters in the rear of the trap so it can be easily removed. The current pistol range uses the same style of trap which they also purchased from Action Target approximately 12 to 15 years ago. The pistol trap does not require any maintenance and the lead is periodically removed at no cost by a battery company. This purchase would allow for unlimited use with little or no maintenance, no recurring rubber 7 block replacement cost, nor any lead disposal issues. Action Target's patented total containment trap guides the bullets into a deceleration chamber without fragmenting them and then collects all the toxins into these storage containers at the back of the trap allowing for easy disposal. This effectively removes hazardous lead from the bullet trap area with no down time, minimal maintenance, and no exposure of our employees to the toxins. Action Target supplies many Police and Military agencies with firing range systems and given a singular source GSA contract by the federal government for their total containment trap. They only offer products directly from their factory and do not have any distributors. Therefore, they are requesting a waiver of the sealed bid process. Toy asked Captain McDermott if there was any way the lead could be reused or if it is toxic. He replied stating a battery company comes in a disposes of the lead at no cost to the City. He said otherwise the City would have to pay to have it removed. Meakin said he feels that the range will get very busy in the next few years and thinks it's an appropriate time for this purchase; he noted that the funds utilized to pay for this purchase are coming for the State drug forfeiture funds. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT X-2 REQUEST TO PETITION THE WAYNE COUNTY DRAIN COMMISSIONER TO RELINQUISH JURISDICTION OF THE HAWKINS DRAIN: Engineering Division, re: located at the north end of City-owned property on which Schoolcraft College has leased to construct a Public Safety Training Complex for long-term maintenance purposes. Rick Grodek, Civil Engineer II, was present on behalf of the Engineering Division for this request. He said they are recommending that Council petition the Wayne County Drain Commissioner to relinquish jurisdiction of the Hawkins Drain to the City of Livonia. He gave a brief history on the Hawkins Drain stating it had been replaced in 1970 by Livonia Drain #19. He said what initiated this recommendation was the discovery of remnants of the Hawkins Drain in connection with the proposed construction of the Schoolcraft Training Complex on Glendale. The remnant portion of the Hawkins Drain presently outlets into the Livonia Drain #19. He said to help expedite the project they feel it is in the City's best interest to take jurisdiction over the remnants of the Hawkins Drain. This will help expedite with the design and in the future when the Schoolcraft Training Complex is constructed the City would be responsible for the maintenance of the remnant portion of the Hawkins Drain. Meakin offered the approving resolution for the Consent Agenda. 8 DIRECTION: APPROVING CONSENT X-3 REQUEST TO PETITION THE WAYNE COUNTY DRAIN COMMISSIONER TO RELINQUISH JURISDICTION OF THE BRANCH OF THE HAWKINS DRAIN: Engineering Division, re: located in the Northwest '/4 of Section 26, under the provision of Act No. 40 of the Public Acts of 1956 (the State Drain Code), as amended. Rick Grodek, Civil Engineer II, said there is a branch in the Hawkins drain that runs in Section 26 that ties into the old Hawkins Drain that is now Livonia Drain #19. Over the years, through development the Hawkins Drain has disappeared via underground storm sewer. He said just to piggyback onto the previous item they want to be sure that there no open ends; that Wayne County has no paper open easements of an existing open drain. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. As there were no further questions or comments, Council President McCann adjourned the Study Session at 8:45 p.m. on Monday, July 12, 2010. DATED: July 16, 2010 TERRY A. MARECKI CITY CLERK