HomeMy WebLinkAboutCOUNCIL STUDY - 2008-04-07 CITY OF LIVONIA— CITY COUNCIL
MINUTES OF STUDY MEETING HELD APRIL 7, 2008
Meeting was called to order at 8:00 p.m. Present: Terry Godfroid-Marecki,
James McCann, Joe Laura, Brian Meakin, Tom Robinson, Don Knapp, and Laura Toy.
Absent: None.
Elected and appointed officials present: Sean Kavanagh, City Attorney; John
Raymond, Inspector; Lyle Trudell, Assistant Superintendent of Parks & Recreation;
Benjamin McDermott, Captain of the Police Department; Shadd Whitehead, Chief of the
Fire Department; Kevin Roney, City Engineer (Utilities & Engineering); Mark Taormina,
City Planner; Jim Zoumbaris, City Engineer (Operations); and Maureen Cosgrove,
Assistant City Clerk.
AUDIENCE COMMUNICATION: None.
Council President Toy presented Council Member Brian Meakin with a ten-year service
recognition pin for his years of service. He worked with the Traffic Commission from
April 16, 1998 to November 14, 2003, the Zoning Board of Appeals from October 21,
1998 to December 31, 2003, and the City Council from January 1, 2004 to the present.
He was thanked for his years of service.
Joe Laura requested a resolution to refer to the Administration for its report and
recommendation regarding a letter from John Penney stating his concerns about
logging occurring at the greenbelt on Wentworth Street and the Golfview Nature
Preserve.
DIRECTION: REFER TO ADMINISTRATION CONSENT
Council President Toy announced that the X-item regarding the award of bid for the
Glendale Interim Remedial Action Plan will be heard at the end of the study meeting.
(CR 192-07)
Council President Toy wished her brother Bruce a Happy 49th Birthday today.
NEW BUSINESS:
1. BLOCK PARTY: Kathleen Fitzgerald, re: to be held Monday, May 26, 20087
from 2:00 p.m. to 8:00 p.m. on Cranston, between Elmira and Orangelawn, with
no rain date requested.
The petitioner was not present, but they have the event every year, and
everything is in order.
Knapp offered the approving resolution on the Consent Agenda.
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DIRECTION: APPROVING CONSENT
2. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk,
re: submitted by Carrie Mayo in accordance with Chapter 5.49 of the Livonia
Code of Ordinances, as amended.
Petitioner Carrie Mayo, 1312 Foxton Drive, Monroe, MI 48162, was present and
stated she is seeking a permit for a massage therapist in the City of Livonia. All
the documents are in order.
Meakin offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
3. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City
Clerk, re: submitted by Candace Schaefer in accordance with Chapter 5.49 of
the Livonia Code of Ordinances, as amended.
Petitioner Candace Schaefer was present and stated she is applying for a permit
to work as a massage apprentice at Prime Massage on Levan and Five Mile
Road. Everything is in order.
Godfroid-Marecki offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
4. REQUEST TO WAIVE SECTIONS 8.32070 AND 12.20.080 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED: Dana M. Dziekan, Production
Coordinator, NPT Breast Cancer 3-Day, LLC, re: to allow the playing of music
and announcements via speakers, as well as the erection and use of tents on
public land (Rotary Park), during their Breast Cancer 3-Day Event/Walk which
will take place in Livonia from September 26 through September 28, 2008.
Petitioner Dana Dziekan stated that they had the Breast Cancer Walk in Livonia
last year. This is a three-day, sixty (60) mile walk that benefits the Susan G.
Komen for the Cure and National Philanthropic Trust. They had a campsite at
Rotary Park last year as well with great success. The entire Michigan event
made $5.6 million last year, and they hope to do the same in 2008.
McCann offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
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5. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS
AMENDED: Tye Culver, Realtor, re: to amend Section 060 of Title 15, Chapter
32 (Property Maintenance Code) re: repealing the ordinance or suspending the
ordinance for a few years due to the economy, as opposed to the current annual
inspection.
Tye Culver, Realtor, 19427 Merriman Road, Livonia, MI, was present and spoke
at length regarding the property rental inspection ordinance. There is an
ordinance in Livonia currently that requires all properties that are occupied by
anyone other than the registered title owner to be licensed as a rental income
property and be inspected on an annual basis. With the economic conditions,
they are finding more and more properties going up on the market as rental
properties rather than for sale. Typically, these people are not landlords. They
are renting due to hardship conditions. Selling is their first choice, but they are
finding it easier to rent the home to keep them out of foreclosure, save their
credit, and keep the banks from taking the home back. This past week, Senator
Glen Anderson noted that there are 72,000 foreclosures filed this last year.
Approximately 5% of the housing market was in some form of foreclosure. He
brought a list of thirty eight (38) rental properties that are being rented in Livonia
since the first of January. There are also forty six (46) properties that are up for
rent. He asked that Council review the ordinance and either revoke or suspend it
until the economy improves. He feels that it is putting a hardship on people
because they have to pay a licensing fee and an inspection fee, and they have to
make repairs that are cited. Most people don't know this ordinance is on the
books. Mr. Culver owns one home in Livonia that is for sale.
Sean Kavanagh stated they had a similar request about a year ago, and the
Council chose to take no further action. The Administration feels that the rules
should be enforced because there are many amateur landlords and tenants. The
ordinance is to protect the tenants for safety purposes. If you have a landlord
that isn't familiar with duties of a landlord and safety features, such as having
annual furnace inspections and smoke detectors, then the City could have a
tragedy. Sean feels the Council should take no further action on the request.
Godfroid-Marecki stated that she also will take a "no further action" stance on the
subject.
Brian Meakin read Alex Bishop's closing paragraph regarding safety issues.
There is an annual minor licensing fee of $45 and $60 for inspections; therefore,
the landlord's payment is a very small price for the safety of the people they rent
to. The majority of the landlords appreciate the program and understand the
importance and necessity of providing a safe residence for their tenants.
Richard Kon, 16159 Burton Court, Livonia, MI, stated that he has been a landlord
in Livonia for over twenty (20) years, and his properties are in very good shape.
He is asking Council to relax the ordinance to do inspections every two (2) or
three (3) years, as he feels every year is a hassle.
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Jean Loftis, 31708 Bretton Street, Livonia, MI, stated she owns the two (2)
houses on either side of her home, so she can watch her properties. One of the
houses she rents to her daughter, and the renter on the other side has been
there for twenty one (21) years. She has been in her home for 49 years. She
knows that the inspections are necessary to protect the landlord and the renters,
but she feels the fees are quite high. She stated that Rochester charges only
$5.00 and that Livonia should lower their fees.
John Raymond, Inspector for the City of Livonia, stated that the problem is that
some renters do not take care of the rental property. The inspector tries to make
it easier on the landlord. Unfortunately, some houses are actually dangerous,
which occurs more often than you might believe. The inspections are absolutely
necessary for safety reasons. Some newer houses have problems too because
there are things that have been done in these houses that have never been
inspected. People who do the work are not always knowledgeable.
Mr. Raymond inspects somewhere between 1,100 and 1,300 rental properties a
year including single family homes and duplexes. Apartments are inspected by
himself and another inspector as a separate entity and consist of a safety
inspection dictated by the State of Michigan. In the last year, rental properties
have increased. There are fifty (50) new rentals that need to be inspected this
month. There is a brochure available for the landlords and tenants.
Judge James R. McCann, 15722 Golfview, stated he is concerned about the way
the ordinance is written and does not provide for nursing homes and
hotels/motels, just landlords. Since the ordinance was instituted, the prices have
been raised. The price affects the tenant because the landlord has to pass these
costs on. He stated there are a lot of vacancies in apartments, and the landlords
are not making a profit.
Sean Kavanagh stated that the residential home inspection ordinance was
passed 4 - 5 years ago, maybe 7 — 8 years ago. It is a relatively new program.
In the Code of Ordinances, under Section 15.32.060, there are duties of the
Inspection Department to inspect not only one-family rental dwellings, but two-
family rental dwellings, multiple family rental dwellings, rooming houses, hotels,
and other buildings that are similar. The State of Michigan has a regular annual
inspection program for nursing homes, and maybe more often than that. Mr.
Raymond stated that group homes are inspected every year also. Any building
where people gather is done on an annual basis including office buildings,
nursing homes, apartments, hotels and motels. They look for safety issues there
also.
Meakin offered the resolution of no further action for the Consent Agenda.
DIRECTION: NO FURTHER ACTION CONSENT
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6. REQUEST TO EXTEND LEGISLATIVE CONSULTANT CONTRACT WITH
JAMES H. KAROUB ASSOCIATES: Department of Finance, re: for the period
January 1, 2008 through December 31, 2008, at the annual fee of $18,000.00
from budgeted funds.
Joe Garcia, Managing Partner of Karoub Associates and Michigan Lobbyist,
stated that their annual review of this lobbying contract will reflect the fee that
was reduced two (2) years ago to the current level recommended, and their
regular local issue report should be going to Council. They are currently working
on three (3) specific issues for the City of Livonia. There is a legislative package
currently pending on the Senate floor dealing with annexation with relevance to
the City. There is also litigation pending in front of Wayne County Circuit Judge
Giovan dealing with the same issue. They anticipate either movement on the
legislative package or movement in litigation within the next couple of months.
They are working with the State to procure State dollars that would put Livonia
into the State's system to participate in the Public Safety Communication
Network, since the current public safety communication system is in dire need of
repair. The last issue is regarding job preservation. There were a number of
efforts, in light of what transpired with the City and the potential movement of
jobs out of Livonia, to create a piece of legislation that would be generic and
would require the State to offer the same incentives and tax exemptions to any
host city that would be losing jobs going to another city in the state. Lastly, they
are arranging with the Mayor to meet with one of the existing Livonia employers
in an effort to try head off movement of jobs, and they will continue to work to try
and make sure that does not happen. Mr. Garcia stated that if there is a conflict,
they do not represent any other city than Livonia. If another city approaches
them for representation, they would phone the Mayor and get his opinion. In
general, the way they usually deal with conflict is disclose it to clients where two
or more clients are involved, then they reconcile it with the clients, and if they
can't work it out, then they step back and let nature take its course. He thanked
Council and the Mayor.
Laura offered the approving resolution on the Regular Agenda.
DIRECTION: APPROVING REGULAR
7. AWARD OF BID: Department of Parks & Recreation, re: for the various projects
at Bien Park from funds budgeted in the 2007-2008 budget.
Lyle Trudell, Assistant Superintendent of Parks & Recreation, was present and
stated they are requesting approval of an award of contract to Playworld
Midstates for $48,580.00. Six (6) bids were submitted. Playworld was not the
low bidder, but their play structure was the most interactive for the age groups
requested. The park is located on Eckles Road west of Newburgh Road and
south of Five Mile Road.
Godfroid-Marecki offered the approving resolution on the Consent Agenda.
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DIRECTION: APPROVING CONSENT
8. REQUEST FOR AUTHORIZATION TO PURCHASE 8 REPLACEMENT
VEHICLES UTILIZING THE STATE OF MICHIGAN, OAKLAND COUNTY, AND
MACOMB COUNTY BID PRICES: Division of Police, re: budgeted funds.
Captain Benjamin McDermott, representing Chief Stevenson of the Police
Department, stated they are requesting authorization of the purchase of eight (8)
special use, undercover vehicles which are a regularly scheduled replacement of
several of the vehicles now being utilized. The purchase is made completely
from State forfeiture funds. All the old vehicles would be sold in a public auction.
One of the vehicles will be utilized by the canine officer. The other seven (7) will
be utilized by the undercover officers. One officer is assigned to the Drug
Enforcement Administration, one is assigned to the U.S. Marshall Service, and
another is assigned to the local Intelligence Bureau. Meakin congratulated
Captain McDermott on his recent promotion last week.
Laura offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
9. REQUEST TO PURCHASE ONE VEHICLE UTILIZING THE OAKLAND
COUNTY COOPERATIVE BID PRICING: Fire & Rescue, re: the purchase of a
2008 GMC Yukon XL emergency response vehicle from 2008-2009 budgeted
funds.
Chief Shadd Whitehead, Fire & Rescue, stated they are requesting authorization
to purchase a replacement for the current 1999 Chevy Tahoe. They would like to
purchase a 2008 GM Yukon XL from the 2007-2008 budget. There was a
typographical error (2008-2009).
Laura offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
10. AWARD OF CONTRACT: Engineering Division, re: for the 2008 Asphalt
Pavement Rehabilitation and Reconstruction Program — Contract 08-A.
Kevin Roney, City Engineer (Utilities & Engineering), stated this was funded with
millage monies. Bidding documents were prepared by consultant Orchard, Hiltz
& McCliment, Inc., and six (6) bids were received on March 18th. They are
recommending the award of contract to low bidder Hayball Transport, Inc. of
Livonia, MI for a total amount of $1,793,806.35 from two (2) budgeted funds, and
not from a special assessment. Hayball has worked for the City on the paving
program in the past with good results.
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Dan Fredendall, Executive Vice President of Orchard, Hiltz & McCliment, Inc.,
34000 Plymouth Road, Livonia, MI 48150, stated that on this item, there was a
scenario where there were unbalanced bids. He explained what an unbalanced
bid is and how it affects the bid. From an engineering perspective, an
unbalanced bid is where you have an undercutting on one item. A lot of times,
what they utilize is a contingency item which they know they will use some as
they approach road construction. An amount is entered to hopefully get a bid
across the board among all the bidders that is relatively uniform, although they
will price items differently. That would be called an unbalanced bid and come in
a lot lower than the average of the other bids. The contractor would take the risk,
but the City also takes some risk as well. Meakin would like to see a pre-bid
meeting mandatory with the contractors and the Engineering Department, even
though the contractors are very well known.
Sean Kavanagh explained what an unbalanced bid is and how it affects a bid.
There are line items in each bid and different categories that can be priced.
There is an average price for undercut in the range of $5.00 to $25.00. They
price one particular item less than it would cost for them to perform. Then they
might overload another part of the bid in a higher unit price that they may be able
to make up the difference. They are taking a risk on some of these items that
they cannot see. All the bidders on this item are experienced bidders. The City
has been doing business with Hayball Transport over the years. They have
underpriced parts on their bids, and other companies have done the same. It
may be addressed in the future. There is nothing wrong with the way they have
been bidding; but in the future, there may be parameters they would have to
meet (minimums and maximums). In the long run, other companies have come
in with prices at the end of the jobs which are less than the estimates. It is a risk
for the contractor, but this has been done on quite a few of the other jobs we
have had.
Meakin offered the approving resolution on the Regular Agenda.
DIRECTION: APPROVING REGULAR
11. AWARD OF CONTRACT: Engineering Division, re: for the 2008 Concrete
Paving Program - Reconstruction Project— Contract 08-C.
Kevin Roney, City Engineer (Utilities & Engineering), stated that consultant
Anderson, Eckstein and Westrick, Inc. who did the design work has finalized
plans, and nine (9) bids were received in March. They are recommending low
bidder Florence Cement Company of Shelby Township, MI at a cost of
$2,305,209.86 from budgeted funds. Florence has performed satisfactorily over
the years on this program.
McCann offered the approving resolution on the Regular Agenda.
DIRECTION: APPROVING REGULAR
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12. AWARD OF CONTRACT: Engineering Division, re: for the 2008 Concrete
Paving Program — Rehabilitation and Maintenance Project— Contract 08-L.
Kevin Roney, City Engineer (Utilities & Engineering), stated that the consultant
Anderson, Eckstein and Westrick, Inc. who did the design work has finalized
plans, and seven (7) bids were received. They are recommending that Gaglio P
& R Cement Corp., Taylor, MI, be awarded the contract for $968,359.50 from
budgeted funds. They have done work for the City before on the sidewalk
program.
Robinson stated that because of the high amounts for the contracts on the last
three (3) items, they should be placed on the Regular Agenda.
Robinson offered the approving resolution on the Regular Agenda.
DIRECTION: APPROVING REGULAR
13. REQUEST TO LOCATE A PORTABLE BATCH PLANT AT GLEN EDEN
CEMETERY: Engineering Division, re: for Six-S Inc., paving contractor doing
the Newburgh Road improvement project this construction season.
Kevin Roney, City Engineer (Utilities & Engineering), stated that the paving will
be done on Newburgh Road between Seven and Eight Mile. They will be starting
relatively soon. The contractor, Six-S Inc. of Waterford, MI, wants to install a
temporary batch plant for mixing concrete at the Glen Eden Cemetery. The plant
will be on the east side of the entrance at least 400 feet from the nearest homes.
They will be sweeping at least once a day, and more if needed. They will also
control the noise. They are looking for approval from Council so the batch plant
can be installed. There was a similar batch at the back of Livonia Mall two (2) or
three (3) years ago when they paved Seven Mile Road. The batch plant was
closer than 400 feet to the residential high-rises, and to his knowledge, there
were no complaints. Hours will be held to a strict 7:00 a.m. to 8:00 p.m. closing.
Robinson offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
14. REQUEST TO AUTHORIZE PAYMENT TO DETROIT EDISON- Engineering
Division, re: for the relocation of seven (7) street light poles on Newburgh Road,
between Seven Mile Road and Eight Mile Road, in the amount of $22,344.00, in
connection with the Newburgh Road paving improvements. (CR 499-07)
Kevin Roney, City Engineer (Utilities & Engineering), stated they will be adding a
lane on the east side of Newburgh Road from Seven Mile Road to just north of
Pembroke Avenue, so DTE will need to relocate seven (7) street light poles.
DTE is requesting payment in the amount of $22,344.00. They require payment
in advance, so they are asking authorization of payment so the work can get
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done. Mr. Roney will be in contact with DTE to discuss when they will be able to
start the work. He will check and see if the maintenance contract covers
relocations.
Knapp offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
15. SITE PLAN PETITION: Planning Commission, re: Petition 2008-02-08-04
submitted by Sam Baki, on behalf of the Livonia Professional Office Plaza, in
connection with an expansion of an office complex that would include the
construction of a new one-story office located on the east side of Farmington
Road, between Fargo Road and Norfolk Avenue (19900 through 20010
Farmington Road), in the Northwest '/4 of Section 3.
Mark Taormina, City Planner, stated that the new office building, which would be
part of an office complex, would be located on the east side of Farmington Road
just north of Fargo Road known as the Livonia Professional Office Plaza. There
are a group of seven (7) parcels currently with six (6) office buildings. The new
office building would be on a separate parcel on the southeast corner of the site.
Woodlore Condominiums are directly to the south, and Navin Oaks
Condominiums are north of the site. This site is about 4/10th of an acre with 110
feet of frontage by a depth of 165 feet. The new one-story office building would
contain 4,420 square feet and is within the range of the other six (6) office
buildings that are on the property that range between 3,750 to 5,150 square feet
and would have a similar setback of sixty eight (68) feet. The building would be a
combination of both medical and general office use. Most of the office complex
is used for medical services. The parking is a little more intense for the medical
usage. They are required to have 200 parking spaces, and the site provides 216
parking spaces. The architecture would be slightly different from the other
existing buildings in the complex. The new building would be an all-brick
structure on all four (4) sides with a gabled roof and dimensional asphalt
shingles. There are decorative dormers placed on the roof. The entrances on
each side of the building would have a gabled overhang constructed of brick.
The brick on the building would be a contrasting color darker than the existing
buildings. There is an existing twenty five (25) foot wide landscaped greenbelt
along the east property line. It was approved as a greenbelt years ago. The
petitioner is proposing to add three (3) different types of evergreens to the
existing greenbelt.
McCann stated his only concern is that there is a parking spot (#1) where there
would be an east/west parking on the southeast corner of the site. It appears to
be in the middle of a driveway and seems to be an awkward flow for the influx.
There seems to be sufficient parking, so you wouldn't want a parking spot that's
going to back into the entrance. It could easily be eliminated.
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Petitioner Sam Baki, 20321 Shadyside, Livonia, MI 48152, was present on behalf
of the owner, and showed the site plans for the project. The proposed office
building is the last remaining parcel to be built. They have a user (medical use)
for this building. There is plenty of parking around the buildings. They chose this
location for the building so they can avoid any cars parking next to the neighbors.
Mr. Baki met with the neighbors. They planted plenty of trees to buffer between
the new building and the older house next door. The building would be a
red/black Williamsburg brick on all four (4) sides to blend with the existing
buildings and the house next door. The existing buildings have light tan colored
roofs, and the house has a gray roof. The new building's roof would be Mountain
Slate that has a blend of both. There is some stone on the front of the building
and the rest is brick. The address will be in stone. They tried to accommodate
the neighbors and construct a nice building with a lot of windows. There are
three (3) main entrances. The one close to the neighbors in the back will be just
for maintenance purposes. The parking spot#1 is just for additional parking, and
it is 22 feet which is sufficient for turnaround, but the spot can be eliminated. The
parking spot could be replaced with paved markings or extra plantings in that
location.
A resident, Michelle Goldner, 33218 Fargo, stated she lives next to the property
and is the only house on the street. They have been grooming the shrubbery
since 2000, and this is technically not their property, but the maintenance people
neglect the spot next to their home. She has complained and would expect that
the landscaping would now be maintained by the petitioner. She also
complained of dumpster doors being left open and papers being blown onto the
shrubbery.
McCann offered the approving resolution on the Consent Agenda with the
condition that the one (1) parking space (#1) be eliminated on the east property
line at Farmington Road and replaced with paved markings or plantings and that
all the landscaping be maintained and watered properly.
DIRECTION: APPROVING - CONSENT
ELIMINATING 1 PARKING SPACE
& ALL LANDSCAPING MAINTAINED
X1. AWARD BID: Public Service Division, re: for Glendale Interim Remedial Action
Plan. (CR 192-07)
Jim Zoumbaris, City Engineer (Operations), stated that in May 2007, they asked
for approval for Golder Associates, Inc. to prepare a RAP evaluation report for
the Glendale landfill. Seven (7) bids were sent out, and four (4) bids were
received. Low bidder, B & V Construction, Inc., is being recommended at a total
cost of $222,705.58 from budgeted funds for completing all work required. They
have done a lot of this type of work. B & V is no longer in the snow plowing
business.
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Knapp offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
AUDIENCE COMMUNICATION: None.
James McCann congratulated and thanked Brian Meakin for his ten (10) years of
service with the City of Livonia and stated that a lot of personal time is involved
attending meetings 50 weeks out of the year along with other duties.
As there were no further questions or comments, Council President Toy adjourned the
Study Session at 9:34 p.m. on Monday, April 7, 2008.
DATED: April 14, 2008 LINDA GRIMSBY, CITY CLERK