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HomeMy WebLinkAboutCOUNCIL STUDY - 2010-12-06 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD DECEMBER 6, 2010 Meeting was called to order at 8:00 p.m. Present: John Pastor, Brian Meakin, Joe Laura, Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, and James McCann. Absent: None. Elected and appointed officials present: Mayor Jack Kirksey; Don Knapp, City Attorney; Mark Taormina, City Planner; Todd Zilincik, City Engineer; and Terry Marecki, City Clerk. President McCann announced there is new data on Items #5 and #6. President McCann announced there will be an X-item discussed at the end of the regular agenda. Mayor Kirksey announced the City Tree Lighting Ceremony will begin at 7 p.m. tomorrow, December 7, 2010, at City Hall. He said over this past weekend volunteers from the Goodfellows sold newspapers at different locations in Livonia for the "no child without a Christmas in Livonia." Pastor thanked everyone for their thoughts and prayers for his father who passed away on November 27, 2010. He reminded everyone about the Toys for Tots program; they are still collecting toys and accepting donations. He also wished his wife Linda a Happy Birthday; her birthday is December 7, 2010. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. APPLICATION FOR MASSAGE ESTABLISHMENT LICENSE: Office of the City Clerk, re: submitted by Margaret Brooks and Cathy Vickers, d/b/a MC Therapeutic Massage, in accordance with Chapter 49 of Title 5 of the Livonia Code of Ordinances, as amended, for property located at 17870 Farmington Road. Margaret Brooks and Cathy Vickers were present to answer any questions Council may have. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 2. REQUEST FOR ISSUANCE OF A PERMIT FOR WADE SHOWS TO HOLD CARNIVAL AMUSEMENT RIDES AT FORD FIELD AND VETERANS' PARK JUNE 21-26, 2011, DURING REFERENCED HOURS; A PERMIT FOR A FIREWORKS DISPLAY BY AMERICAN FIREWORKS, INC. TO BE HELD AT 10:15 P.M. ON JUNE 26, 2011 AT VETERANS' PARK; AND AUTHORIZATION TO USE AND LEASE THE FACILITIES AT FORD FIELD, EDDIE EDGAR ARENA AND VETERANS' PARK DURING SPREE '61: Dan Spurling, President, Livonia Anniversary Committee, Inc., re: same. Dan Spurling was present to answer any questions Council may have. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST TO CLOSE STARK ROAD FROM THE FAMILY Y (14255 STARK ROAD) TO LYNDON AND LYNDON FROM FARMINGTON ROAD TO STARK ROAD TO TRAFFIC FROM 8:00 A.M. JUNE 207 2011 THROUGH 12:00 NOON ON JUNE 277 2011 (MONDAY THROUGH MONDAY); AND TO REQUEST THAT THE CITY SEEK PERMISSION FROM THE WAYNE COUNTY ROAD COMMISSION TO ALLOW THE CLOSURE OF FARMINGTON ROAD BETWEEN THE 1-96 OVERPASS AND FIVE MILE ROAD FROM 6:30 P.M. THROUGH 11:30 P.M. ON JUNE 267 2011 (SUNDAY) IN CONNECTION WITH SPREE '61: Dan Spurling, President, Livonia Anniversary Committee, Inc., re. same. Dan Spurling was present to answer any questions Council may have. President McCann stated he didn't recall closing the road before 7:30 p.m. in the past. Mr. Spurling said in the past they had closed it as early as 5:30 p.m. and added that they pretty much leave it up to the Livonia Police Department's discretion; when they feel traffic becomes an issue then they close it down. President McCann said that sounded like a great solution. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO DISPLAY BANNERS ON FARMINGTON ROAD AND FIVE MILE ROAD AND 4' X 8' SIGNS AT CITY HALL AND FORD FIELD FROM MAY 237 2011 THROUGH JUNE 267 2011: Dan Spurling, President, Livonia Anniversary Committee, Inc., re: same. Dan Spurling was present to answer any questions Council may have. Toy offered the approving resolution for the Consent Agenda. 3 DIRECTION: APPROVING CONSENT 5. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Enrico E. Soave, Esq., Kucyk Soave & Fernandes, PLLC, re: for the property located at 29191 Grove. Enrico Soave was present to answer any questions Council may have. At the direction of the Chair, the communication from the Engineering Division, dated November 30, 2010, recommending approval of this request is to be received and filed. Toy offered the approving resolution for the Consent Agenda. DIRECTION: 1) APPROVING CONSENT 2) RECEIVE & FILE 6. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Enrico E. Soave, Esq., Kucyk Soave & Fernandes, PLLC, re: for the property located at 15400 Loveland. Enrico Soave was present to answer any questions Council may have. At the direction of the Chair, the communication from the Engineering Division, dated November 30, 2010, recommending approval of this request is to be received and filed. Toy offered the approving resolution for the Consent Agenda. DIRECTION: 1) APPROVING CONSENT 2) RECEIVE & FILE 7. COLLECTION OF THE WAYNE COUNTY REGIONAL EDUCATIONAL SERVICE AGENCY (RESA) TAXES FOR THE YEAR 2011: Office of the City Clerk, re: forwarding a communication from the Associate Superintendent, Administrative & Financial Services, requesting that the City continue to collect 100% of their intermediate school property taxes in our summer tax collection. At the direction of the Chair, the communication from the Engineering Division, dated November 30, 2010, recommending approval of this request is to be received and filed. DIRECTION: RECEIVE & FILE CONSENT 4 8. REQUEST TO APPROVE SPECIALIZED SERVICES TRANSPORTATION OPERATING ASSISTANCE PROGRAM THIRD PARTY CONTRACT FOR THE PERIOD OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011 BETWEEN THE CITY OF LIVONIA AND SMART: Department of Community Resources, re. with grant funds to be used for the Livonia Community Transit Program to provide lift-equipped transportation to the senior and disabled residents of the City. Felicia Cross from Community Resources was present to answer any questions Council may have. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. AWARD OF BID: Public Service Division, re: for one (1) Trailer-Mounted Generator from budgeted funds to be used by the Equipment Maintenance Section. Paul St. Henry, Superintendent of Public Service, said this request was for one (1) Trailer-Mounted Generator to use as a back-up in case they run into a power failure and if necessary it would allow them to move it to other locations if that were to be the case. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST TO ACCEPT PROPOSAL FOR CONSULTING SERVICES FOR LIVONIA ACT 87 LANDFILL MONITORING AND REPORTING: Public Service Division, re: for remedial action plan implementation activities approved by the Michigan Department of Natural Resources and Environment Remediation and Redevelopment Division. (CR 321-08 and CR 192-07) Paul St. Henry, Superintendent of Public Service, said this is a request to continue the relationship they have with Goldner and Associates and allow them to be able to assist the City in the methane ventilation system that they have functioning over at the landfill and occasional other situations over at the landfill. Pastor asked St. Henry why they weren't going out for bid. St. Henry said one of the employees of Goldner has specific knowledge on the site and they felt the benefit of his knowledge of the site history and his involvement with the design of the methane ventilation system would be far too beneficial than to go out for bid. Pastor asked St. Henry when they need the new contract in place and when the old contract expired. He said he thinks it has already expired and that they are struggling along until they can get this resolved. Pastor asked how long it would 5 take to do a Request for Proposal. St. Henry replied two (2) months minimum. Pastor asked why it would take so long and St. Henry replied that in the time it would take to advertise for the bid, review the bids and select a contractor, it would take approximately two (2) months. Brosnan offered the approving resolution. Pastor asked that it be placed on the Regular Agenda. John Balconi of Goldner Associates, 51229 Century Court, Wixom, MI 48393, said approximately four (4) years ago, as he recalls, the City went out for bid for consulting services after the State of Michigan notified the City of a methane problem with the site that was impacting neighboring businesses. At that time, Council accepted the proposal of Goldner Associates and they designed and implemented a system that has relieved the landfill gas migration problem. However, with the remedial action plan that they wrote which was approved by the State of Michigan, there is continued monitoring that goes on with this situation. Mr. Balconi stated some of the reporting parameters have been reduced which has resulted in a lower proposal for this year. Laura asked St. Henry to give the Council a history of the contract and information on the last time the City did a RFP and if there are other companies that could provide the same services to the City. St. Henry responded stating they did explore using Orchard, Hiltz & McCliment but said they would have contracted Goldner Associates and it would have ended up costing the City more money. He also noted that was the reason it was delayed in coming before Council. He said there are certainly other companies out there, however, they do not have the knowledge of their facility and the relationship with what used to be DEQ that is now DNR and next month will be back to DEQ. He said Mr. Balconi has an excellent relationship with them. Laura asked St. Henry to prepare a written history and background on the matter for Council before the next Regular Meeting. DIRECTION: APPROVING REGULAR 11. REQUEST TO APPROVE AMENDMENT NO. 1 TO THE WATER SERVICE CONTRACT BETWEEN THE CITY OF DETROIT AND THE CITY OF LIVONIA- Public Service Division, re: to make minor adjustments/corrections to the originally signed contract which will be in effect for the next three (3) years, until the next contract reopener. (CR 255-09) Don Rohraff, Superintendent of Public Service, stated this is mostly just a housekeeping matter. Rohraff explained the contract was signed a few years ago and is set for periodic reopeners to make adjustments to address items that come up during the contract time frame. He explained the changes that are being addressed in this particular reopener include actual pipe ownership within the meter pits, a wording change within the contract which has been reviewed by 6 the Law Department, consumption volume numbers are being adjusted for a reduction as a result of consumption rates reviewed for the past few years and finally, a new customer outside of the City limits of Livonia is being added to the contract. Toy inquired if Rohraff expected an additional increase in water consumption rates from Detroit to which he replied he has not seen any concrete numbers at this point in time, but does expect seeing an increase in the future. He explained he attends various committee meetings with the Detroit Water and Sewer Board, is a member of the Tack Committee, and is fighting to keep Livonia's rates as low as possible. Toy suggested Rohraff explore where the dollars collected by the Detroit Water and Sewer Board are going and indicated quite a few times Livonia has been hit with rate increases. Rohraff concluded by stating the contract must be signed and forwarded to the City of Detroit no later than January 14, 2011, in order for the correct water rates to be effective in the 2011 calendar year. Brosnan offered the approving resolution. Toy asked that the matter be placed on the Regular Agenda. DIRECTION: APPROVING REGULAR 12. REQUEST TO AUTHORIZE ADDITIONAL APPROPRIATIONS AND EXPENDITURES: Engineering Division, re: for additional inspection services and services provided by the contractor for water main and sanitary sewer repairs in connection with the 2010 Asphalt Paving and Water Main Replacement Program. (CR 111-10) Todd Zilincik, City Engineer, stated this was an effort to close out the water main project with Hayball Transport relative to the 2010 Asphalt Paving and Water Main Replacement Program (Contract 10-A). Zilincik explained the project required several change orders for additional water main leads from older homes that were transferred over to the new water main, a tie-in that was required at Middlebelt Road which involved some utility issues and contracting out for a water main break that occurred on Melrose. In addition, Zilincik indicated additional change orders were added for work performed within the Coventry Gardens subdivision and for a project that occurred on Westmore. Zilincik indicated the request is for an additional appropriation in the amount of $115,117.28 to Hayball Transport and an additional $12,200 to Orchard, Hiltz & McCliment, Inc. for their respective services on these items. Further, he concluded by stating the additional appropriations had been approved earlier by the Water & Sewer Board and would provide a resolution from same to Council for their review. Toy offered the approving resolution for the Consent Agenda. 7 Brosnan inquired if there was sufficient money in the budget to cover the additional appropriations requested and Zilincik responded affirmatively. Meakin inquired if the City was saving any money by completing the project as bid out. Zilincik estimated a savings of approximately 5-10% by completing the project at the unit prices bid. Meakin thanked Zilincik for saving the City some money on the project. DIRECTION: APPROVING CONSENT X1. THE REQUEST OF 19055 FARMINGTON ROAD, L.L.C. TO OBTAIN TAX RELIEF UNDER THE WAYNE COUNTY TURBO (TRANSFORMING RESIDENTIAL AND BUSINESS OPPORTUNITIES) DEVELOPMENT PROGRAM: Enrico Soave, Esq, re: for the property located at 19055 Farmington Road, Livonia, Michigan 48154 (Bigg Burger Restaurant). Mark Taormina, City Planner, explained Wayne County launched the TURBO program as a means to give tax rebates to property owners who make significant real estate improvements and investments to their property. The request before Council is from 19055 Farmington Road, L.L.C. for the Bigg Burger Restaurant located on Farmington Road, south of Seven Mile Road. The tax rebate requested is for 50% of the real property taxes for a five year period, starting 2011 and ending in 2015. Taormina indicated the program does require local municipal authority and Council adopted a resolution in May, 2009, requiring Council to first adopt a resolution specifically approving a TURBO-related tax exemption. Taormina explained the taxable value for the subject property is roughly $200,000, thus the total value of the rebate for the tax relief requested would be approximately $26,250 in savings to the developer. Taormina concluded by stating the developer has invested approximately $1,000,000 in this property, of which approximately $450,000 was dedicated to building repair. Brosnan offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR AUDIENCE COMMUNICATION: None. As there were no further questions or comments, Council President McCann adjourned the Study Session at 8:43 p.m. on Monday, December 6, 2010. DATED: December 13, 2010 TERRY A. MARECKI CITY CLERK