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HomeMy WebLinkAboutCOUNCIL STUDY - 2014-01-27 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD JANUARY 27, 2014 Meeting was called to order at 8:00 p.m. by President Brosnan. Present: Lynda Scheel, Susan Nash, Brandon Kritzman, John Pastor, Brian Meakin, Laura Toy, and Maureen Miller Brosnan. Absent: None. Elected and appointed officials present: David Lear, Assistant City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Terry Marecki, City Clerk and Jack E. Kirksey, Mayor. President Brosnan congratulated Robert and Ruth Soper on their 50th Wedding Anniversary. President Brosnan congratulated Judy Priebe on the birth of two more grandchildren. President Brosnan asked for a moment of silence for Matthew Feenstra who passed away recently; he was the son of former Councilmember Fernon Feenstra. President Brosnan congratulated the staff of the Livonia Fire, Police and Public Works Departments for their professionalism and hard work on their response to the fire at the ERG Environmental Warehouse on Merriman Road between Plymouth and Schoolcraft Roads. AUDIENCE COMMUNICATION: Senator Patrick Colbeck introduced himself. He stated due to redistricting a portion of Livonia falls into the Michigan 7th State Senate District that serves. He said he grew up in Livonia and his father still lives here in Livonia. He noted that he will be running for reelection this year. NEW BUSINESS 1. COLLECTION OF LIVONIA PUBLIC SCHOOL DISTRICT TAXES FOR THE YEAR 2014: Office of the City Clerk, re: forwarding a communication from the Secretary of the Board of Education requesting the City to continue to collect one-half of their district's taxes with the summer tax collection and the remaining one-half with the winter tax collection, commencing July 1, 2014. Terry Marecki, City Clerk, indicated that this is a just a housekeeping issue; it comes before Council each year. Scheel offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 2. REQUEST TO APPROVE LOCATION AND SCHEDULE OF DATES AND TIMES FOR THE 2014 BOARD OF REVIEW MEETINGS, AS WELL AS COMPENSATION RATES FOR MEMBERS. Department of Assessment, re: per the requirements of State statute M.S.A. 7.30 and Act 149 of 1984. Dawn Borregard, Assistant City Assessor, presented the request to Council. She said it is to designate the Assessor's Office Conference Room, 33000 Civic Center Drive, as the place for the Board of Review Meetings; approve the proposed schedule of dates and times; and approve the daily rate of compensation as follows: Chairperson $120.00 and Members $100.00. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. APPOINTMENT OF KATHLEEN MCINTYRE TO THE PLANNING COMMISSION: Office of the Mayor, re: to fill the unexpired term of Ashley Krueger, which will expire on June 9, 2015. Mayor Kirksey presented the request to Council. He said he is pleased to recommend the appointment of Kathleen McIntyre to the Planning Commission. He said she is a very accomplished individual. He said she has done an excellent job on the Zoning Board of Appeals. Kathleen McIntyre said she very much appreciates the Mayor's recommendation to this appointment. She said she has tremendously enjoyed working on the Zoning Board of Appeals. She is looking forward to working on the Planning Commission and feels she would be able to positively contribute to the community through this appointment. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. APPOINTMENT OF KATHLEEN MCINTYRE TO THE LIVONIA BROWNFIELD REDEVELOPMENT AUTHORITY: Office of the Mayor, for a three year term, which will expire on November 24, 2016. Mayor Kirksey presented the request to Council. He said he is pleased to recommend the appointment of Kathleen McIntyre to the Livonia Brownfield Redevelopment Authority. Kathleen McIntyre said she very much appreciates the Mayor's recommendation to this appointment. She indicated with her position at Ford Motor Company she 3 did see first-hand the value of the Brownfield Redevelopment Authority and stated that she is excited to serve the community through this appointment. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. REQUEST TO APPROVE SPECIALIZED SERVICES TRANSPORTATION OPERATING ASSISTANCE PROGRAM THIRD PARTY CONTRACT FOR THE PERIOD OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 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, Program Supervisor, presented the request to Council. She said this is for the Specialized Services renewal contract for $18,486.00. This is awarded to the City of Livonia to provide transportation to senior and disabled residents. These funds provide lift-equipped transportation services for the paratransit portion of Livonia Community Transit. They are requesting Council approval. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST FOR APPROVAL TO ENTER INTO AN AGREEMENT BETWEEN SMART AND THE CITY OF LIVONIA- Department of Community Resources, re. for the Municipal Credit Contract for the period July 1, 2013 to June 30, 2014, with all Credits to be used for the Livonia Community Transit Program. Felicia Cross, Program Supervisor, was present to request approval of the Municipal Contract between Smart and the City of Livonia, for the 2014 budget year. The contract period runs from July 1, 2013 to June 30, 2014, for $95,342.00 to Municipal Credit Funds, the same amount as last year. Nash offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST FOR AUTHORIZATION TO PURCHASE TWO (2) RAPISCAN SECURE 1000 BODY SCANNERS; REQUEST THE WAIVER OF THE SEALED BID PROCESS; REQUEST TO PURCHASE AN ANNUAL MAINTENANCE AGREEMENT FOR SAME; AND REQUEST FOR ADDITIONAL APPROPRIATION AND EXPENDITURE FROM STATE FORFEITURE FUNDS: Division of Police, re: through the Homeland Security Transportation Security 4 Administration surplus items for use in the police detention facility to screen prisoners for drugs and weapons, the annual maintenance agreement is currently being researched by a purchasing consortium of other police departments and sheriff's departments with the final cost to be determined. Police Chief Curtis Caid, presented the request to Council. He said they are requesting authorization to purchase two (2) RapiScan Secure 1000 body scanners to be utilized in the prisoner detention area. These scanners have become available as surplus items through the Department of Homeland Security, Transportation Security Administration. Each unit is valued at approximately $200,000.00, but as surplus items are available at $11,174.80 each. They were made aware of this opportunity through Michigan Municipal Risk Management Authority (MMRMA). As part of this purchase, MMRMA has offered a RAP-grant reimbursement for 50% of the purchase price for one unit, not to exceed $7,500.00. This reimbursement may also be extended to additional units in the near future. The Division of Police proposes to utilize these units in the detention facility to screen prisoners for drugs and weapons as they enter the lock-up area. An initial maintenance fee for one year in the amount of $9,000.00 per unit is also required. The total amount being requested for this purchase is $40,349.60. The Livonia Division of Police is also requesting authorization to enter into an annual maintenance agreement, not to exceed $9,000.00 per unit. This annual maintenance agreement is currently being researched by the purchasing consortium, which consists of other police departments and sheriffs departments, all of which are MMRMA members. Therefore, the actual price has yet to be determined. Due to the unique situation being the items are Federal Surplus and the City of Livonia's relationship with MMRMA, they are requesting a waiver of the sealed bid process. They are requesting an additional appropriation from the unexpended fund balance of State Forfeiture Funds in the amount of $50,000, transferring those funds to Capital Outlay- Other Account. This amount will cover the purchase, installation and other costs that may be associated with this project. Scheel offered the approving resolution for the Consent Agenda. Meakin asked Chief Caid if the annual maintenance fee was for both units or if it was a per unit fee. Chief Caid replied it was $9,000.00 per unit. DIRECTION: APPROVING CONSENT 8. REQUEST FOR AUTHORIZATION OF AN EMERGENCY AGREEMENT FOR PRISONER HOUSING WITH THE CALHOUN COUNTY SHERIFF'S OFFICE: Division of Police, re: to replace the services of the Isabella County Sheriff's Office for housing and medical care for prisoners sentenced through the 16th District Court for the period beginning in October 2013 and continuing until the 2014 date when City Council awards the prisoner housing contract, from budgeted funds. 5 Police Chief Curtis Caid presented the request to Council. He said in October 2013, the Isabella County Sheriffs Office notified the Livonia Division of Police that they would no longer be able to accept misdemeanor prisoners sentenced through the 16th District Court. The command staff immediately investigated and researched to resolve this complex situation. The Calhoun County Sheriffs Office indicated that they had the capacity to house the quantity of Livonia prisoners and the ability to provide medical care at a daily rate of $38.00 per prisoner. Considering the City had been paying a daily rate of $37.00, which did not include medical care, they concluded that Calhoun County's cost was very reasonable. Due to the exigent situation, the Livonia Division of Police has utilized the Calhoun County Sheriffs Office to provide misdemeanor prisoner housing beginning in October 2013, continuing to the 2014 date when the City Council awards the prisoner housing contract. Budgeted funds are available for this purpose. The Livonia Division of Police requests City Council's approval to expend funds for this critical service. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. AWARD OF CONTRACT: Division of Police, re: to provide housing for Livonia misdemeanor prisoners, as outlined, for a two-year period, with the option of extending this agreement for two additional years, from budgeted funds. Police Chief Curtis Caid presented the request to Council. He said the Livonia Division of Police has contracted with the Isabella County Sheriff's Office to house our misdemeanor prisoners for many years. The necessity of utilizing Isabella County to house these prisoners is due to a continuous overcrowding issue with the Wayne County Jail. Recently, they were notified that Isabella County would no longer be able to continue housing our prisoners. A Request for Proposal (RFP) was compiled and published and three vendors replied: Calhoun County Sheriff, Clare County Sheriff, and Statewide Security Transport, Inc. An in-depth analysis of the three proposals was conducted by the Police Department's command staff, and the proposals were vetted by Mr. Slater, Finance Director, and Mr. Knapp, City Attorney. They utilized the City's current contract and operating procedures with Isabella County as the bench mark for the new RFP and as a comparison between bidders. There were 13 specifications and requirements that they asked the bidders to address. Following are the specifications and the pros and cons of each proposal: 1. Prisoners must be lodged in a county jail that is approved by the State of Michigan. All bidders met this specification, however, Statewide Security Transport uses several different county jails and we would not necessarily know where a particular prisoner was housed. This is partially true with Clare 6 County as they propose to hold only a number of prisoners that does not cause them to go over their capacity. Any overflow would either be our responsibility or would be contracted out by Clare County to another facility. Overflow that would be our responsibility would be extremely problematic as we would have to have another contract with another jail in order to avoid this from occurring. Calhoun County agrees that all of our prisoners would be housed at their facility. 2. Prisoners must be transported in a secure vehicle operated by certified police officers, deputy sheriffs, certified corrections officers, or special deputy sheriffs with documentation of certification. Statewide Security Transport uses "special deputies". These are individuals who are not police officers but are sworn by the sheriff of the jurisdiction that they are transporting the prisoners to. Clare County proposes to use sworn deputies, corrections officers, and reserve deputies but would always have at least one sworn officer as part of the transport team. Calhoun County fully complies with this section. 3. Prisoner pick up will be on a daily basis or upon demand. All bidders met this specification. 4. All transportation to and from the lodging facility and for court appearances shall be the obligation of the vendor. Statewide Security Transport and Calhoun County both discuss the option of Livonia paying for a bus ticket on the weekend or for non-scheduled releases. We are aware of some cities using this option; however, we have not used this procedure with Isabella County and would expect that releases would be worked out with both Statewide Security Transport and Calhoun County so that this option was not needed. Clare County agrees to this specification. 5. The vendor shall have a Law Enforcement Information Network (LEIN) computer and fax that is available and monitored 24 hours a day, 7 days a week. Statewide Security Transport agrees to this specification. However, it would have to be assumed that they are agreeing that the facility which they transport prisoners to would have this capability because as a private company, they would not be able to have a LEIN computer. Both Clare County and Calhoun County agree to this specification. 6. The lodging facility must have qualified health professionals on staff 7 days a week. The facility must provide medical services and prescription services. Health appraisals and nursing visits must be provided at no charge. Doctor visits, when necessary, shall not exceed $40 per visit and prescriptions may not exceed $10 per monthly prescription. Statewide Security Transport agrees to this specification. Clare County agrees to this specification, with the caveat that health appraisals will only be given to prisoners being held for more than15 days. Calhoun County 7 agrees with the specification and details several value added features. Calhoun County operates their own health clinic with visits from dentists, social workers and psychiatrists several hours per week. They also add the feature of attempting to collect co-pays from prisoners, instead of Livonia, and also agree that any medical costs up to $100 per month per prisoner will be included at no additional cost to Livonia. As an example of how Calhoun County operates, Livonia had a prisoner in Calhoun County's custody who suffered a seizure. This would normally require an ambulance and hospital visit under our current agreement with Isabella County and, subsequently, a bill to Livonia. Instead, because of Calhoun County's on-site clinic, the prisoner was treated in the facility and returned to the prisoner population after treatment, at no charge to Livonia. 7. Livonia shall not be responsible for any medical costs which are the result of any injury to the prisoner while in the custody of the jail. All bidders agree to this specification. 8. Medical/dental procedures that require off-site transportation shall be at the expense of the vendor. Livonia will be notified when any prisoner is admitted to a medical facility, and Livonia will not be responsible for medical bills in excess of $250.00 without prior approval of the police department. Calhoun County agrees to this, except when the prisoner's life is in jeopardy. In this case, Livonia would be responsible for all costs but Calhoun County agrees to notify the police department as soon as possible. This meets the current practice in place with Isabella County. Clare County agrees with this specification, but adds that they have the right to refuse to accept a prisoner who they believe is not medically fit to be housed at their facility. This meets the current practice in place with Isabella County. Statewide Security Transport agrees to this, with the addition of requiring Livonia to be responsible for the ambulance fee and the prisoner's hospital bill until his/her release from custody. We do not currently pay any ambulance fee to Isabella County for such transport. We do pay the hospital bill until the prisoner is released from custody, however, Isabella County notifies us very quickly of such incidents and we are able to quickly release a prisoner under this condition. As to the requirement of immediately notifying the police department of such an incident, Livonia could possibly incur a large hospital bill if a communication breakdown occurs between Statewide Security Transport and the facility they lodge at, or between Statewide and the police department if the incident occurs after hours, on a weekend or holiday. 9. All billing will include the prisoner's name, dates lodged, total number of days billed, and medical expenses. All bidders agree to this specification. 8 10.The vendor shall cover all medical bills and, in turn, seek reimbursement from Livonia on a monthly basis. Livonia shall not receive medical bills from individual providers. All bidders agree to this specification. 11.The length of the contract shall be two years. Clare County proposes to renegotiate the per diem rate annually. Statewide Security Transport agrees to this specification. Calhoun County accepts this specification and additionally proposes that they may request a rate increase after the initial two years based on the Michigan State Government - Local Government Consumer Price Index. This appears to be a very fair and above board way of determining future cost increases. This would not stop Livonia from rebidding the contract. 12.The vendor shall accept all prisoners, including those with felony holds. The vendor will be responsible for all transportation costs for court appearances. The vendor will return all prisoners who have completed their sentence to the Livonia Police Department, or to another jurisdiction, if they have a warrant out of that jurisdiction. Calhoun County accepts this specification, with the offer of providing the prisoner with a bus ticket back to Livonia at Livonia's expense. Their rationale was that this may save us time and/or manpower by not reprocessing the prisoner through our facility. Although we appreciate this offer, our current practice is not to process these returned prisoners. Therefore, there would not be a savings and, in fact, there would be a cost increase if the bus ticket option was utilized. Clare County accepts this specification. Statewide Security Transport accepts this specification, with the addition that they would transport a prisoner with a hold directly to another jurisdiction within a 25-mile radius of Livonia. There is no problem with this option as we allow the vendor to either return the prisoner to Livonia, or to the other jurisdiction, at the vendor's option. 13.Insurance requirements. All bidders accept this specification. Considerations Outside the Specifications: Clare County Sherifif Clare County is requiring Livonia to absorb all costs associated with the transportation and autopsy of a prisoner who dies while in custody. Although this is a rare event, it has happened. We find this unacceptable. Clare County proposes to charge Livonia an extra fee for the return of a sick/disruptive prisoner who needs to be returned prior to the end of their sentence. This has happened in the past, however, the prisoner should simply be returned on the next transport and no extra fee should be incurred. We find this unacceptable. 9 Clare County does not have a track record of boarding outside prisoners for communities such as Livonia, at least not the volume that we generate. This, combined with their indication that we may be liable to find housing for prisoners due to overcrowding, would be problematic. Clare County proposes a daily housing rate of $37.00, which is the amount we were paying Isabella County the past few years. However, they also propose renegotiating the contract every year which, in turn, would make this a one-year agreement. We find this unacceptable. Statewide Security Transport, Inc. Statewide Security Transport proposes a daily housing rate of$37.00 per inmate. Statewide Security Transport did not indicate in their proposal what facilities they would use to house our prisoners. Calhoun County Sheriff All prisoners will be housed at their facility only. Calhoun County has been in the business of housing contracted prisoners since 1996. They have also had a long-standing business relationship with the City of Dearborn for the same services that we are in need of, and Dearborn indicates that they have had a very good working relationship with Calhoun County. Calhoun County appears to be a well-run facility, utilizing state of the art technology and corrections management practices. Their proposal went well above and beyond our request. They have proposed to work with our court to implement video appearances, which we have never done with an out-county facility. This would be a great benefit to not only us, but to the court as well, as prisoners would not need to be transported, housed or fed at any Livonia facility. Anytime a prisoner is moved, it is not only expensive, but is a security risk. On the human side of corrections, Calhoun County is in the process of expanding their prisoner/visitor relations by adding a video component. This would allow visitors to be able to communicate with their loved ones without having to drive to the facility. They also allow families/friends to deposit money into an inmate's account electronically. They provide food service based on religious/dietary restrictions. And, they provide substance abuse counseling and have a GED program. Calhoun County has proposed a medical component that should dramatically reduce our inmate medical bills. Since we began contracting with Calhoun County in October 2013, we have not been billed for any medical expenses. Calhoun County proposes a daily housing rate of$38.00 per day, with a rebate of $2,000 per month whenever our average daily inmate population meets or 10 exceeds 60 inmates. Currently, we are housing an average of 70 inmates per day. Based on an average inmate population of 60 per day, this rate equals $37.00 per day and matches the other two vendors' daily rate. When you add in the anticipated cost savings on medical bills, Calhoun County's total proposal should be less than the other two vendors. Calhoun County also proposes an automatic yearly renewal based on the Michigan Statewide Government - Local Government Consumer Price Index (CPI). Although we may not wish to enter into an agreement that automatically renews, an increase based on CPI is appealing. Last, since Isabella County ended our prisoner housing agreement, we have utilized Calhoun County as an emergency solution for the housing of misdemeanor prisoners. Our experience for this period, October 2013 to present, has been positive. Therefore, we request Council authorization to enter into an agreement with the Calhoun County Sheriff's Office to provide housing for Livonia misdemeanor prisoners, as outlined, for a two-year period, with the option of extending this agreement for two additional years. Funds are budgeted for this purpose. Chief Caid said representatives from Clare and Calhoun Counties are present in the audience to answer any questions Council may have. Nash asked Chief Caid if a prisoner had an insurance plan if any health related charges while in custody would be covered by their own health insurance plan. Calhoun County Chief Deputy McDonough, stated that right now it is something this is not agreed upon. He said oftentimes when someone is incarcerated they lose their health insurance. He said if 10 professionals in the business were asked, 5 would say yes they are covered and the other 5 would say no they are not covered. He said they would do their best to recover any payment by private health carriers if the prisoner(s) covered by private health care. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST FOR AUTHORIZATION TO PURCHASE FOUR (4) UNMARKED VEHICLES UTILIZING STATE OF MICHIGAN AND THE COUNTIES OF OAKLAND AND MACOMB CONSORTIUM BID PRICING: Division of Police, re. to be utilized by the Intelligence Bureau from budgeted funds. Police Chief Curtis Caid presented the request to Council. He said the Livonia Division of Police is requesting authorization to purchase four (4) unmarked vehicles, which would be utilized by the Intelligence Bureau. This proposed purchase would utilize $109,848.00 of the $120,000.00 that was budgeted for this purpose from the Drug Forfeiture funds. These unmarked units will be used 11 in an undercover capacity, under unique circumstances, and were selected and configured with specific equipment to increase their performance and maximize their effectiveness in this unique role. These vehicles are being funded from State Forfeiture funds. The use of these funds is limited in scope and this purchase conforms to state guidelines. 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 conducts an analysis and selects the low bidder, regardless of consortium affiliation. They request to purchase the following vehicles from the Macomb County bid: (1) 2014 Ford F-150 Pickup@ $26,893.00; and (1) 2014 Ford Explorer@ $26,951.00 from: Signature Ford 1960 E. Main Street Owosso, MI 48867 888-923-5338 They request to purchase the following vehicles from the State of Michigan bid: (1) 2014 Jeep Grand Cherokee@ $28,410.00 from: Bill Snethkamp Chrysler/Jeep 445 N. Cedar Street Mason, MI 48854 517-394-1200 (1) 2014 Dodge Charger@ $27,594.00 from: Bill Snethkamp Lansing Dodge 6131 S. Pennsylvania Ave. Lansing, MI 48911 517-394-1022 They are requesting Council approval and are available to answer any questions Council may have. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12 11. AWARD OF CONTRACT: Public Service Division, re: for the 2014 Street Tree Planting Program from funds budgeted for this purpose. Kevin Maillard, Director of Public Works, presented the request to Council. He said the Public Service Division has taken bids for the replacement of trees citywide. The bid was for the planting of approximately 675 trees. These are trees of several species within the public rights-of-way and the bidding was in accordance with the requirements of the Finance Ordinance and the 2013-2014 approved budget for the Contractual Services Tree Replacement Account. Specifications were prepared by the Division, and an advertisement for bids was placed in the November 27, 2013 edition of the Livonia Observer. Bid invitations were placed on the Michigan Inter-governmental Trade Network (MITN). The following seven (7) bids were received and opened in the presence of the Bid Committee at 2:00 p.m. on December 10, 2013: Bidder Total Amount Bid Greg Davis Landscape Serv. Inc. $108,382.00 Crimboli Nursery, Inc. $112,050.00 Argoscaping $145,770.00 Margolis Companies $156,640.00 Great Lakes Landscaping $188,191.14 Sherman Nursery Farms $193,471.50 The low bidder, Greg Davis Landscape Services, was the low bidder on six (6) of the past eight (8) Tree Plant contracts. While the contracts have been completed, the relationship with Greg Davis Landscaping has on occasion been difficult. The Division has met with the company owner, Mr. Davis, to discuss past problems that have occurred. Mr. Davis has assured the Division, to its satisfaction, that he will address those problems. In 2014, the program is expected to consist of 675 trees, or an average of $166.00/tree. In 2013, the program was $88,557 for 567 trees, or an average of$160.57/tree. In 2012, the program was $101,923 for 617 trees, or an average of$166.54/tree. In 2011, the program was $132,948 for 789 trees, or an average of$168.50/tree In 2010, the program was $55,633 for 352 trees, or an average of$158.05/tree. It is the recommendation of the Public Service Division that Council award a contract to the low bidder, Greg Davis Landscape Serv. Inc., 471 Renaud, Grosse Pointe, MI 48236, in the amount of $108,382.00; accept the unit price bid of the next bidder, Crimboli Nursery, Inc., 50145 Ford Rd., Canton, MI 48187in the event the low qualified bidder is unable to supply certain species of trees; and authorize the Director of Public Works to approve minor changes in the work as, or if, it becomes necessary. 13 Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12. REQUEST FOR COUNCIL TO SET A DATE FOR THE PURPOSE OF ADOPTING A RESOLUTION PLACING SPECIAL ASSESSMENTS UPON REFERENCED PROPERTIES WHOSE OWNERS HAVE NOT PAID CHARGES CONNECTED WITH THE 2013 SIDEWALK PROGRAM, CONTRACT 13-G, SINGLE LOT ASSESSMENTS: Engineering Division, re: same (CR 127-13) David Lear, Assistant City Engineer, presented the request to Council. He said this is done annually. They are requesting that the Council set a date when the Council will meet for the purpose of adopting a resolution placing special assessments upon those properties where the owners have not paid the charges for the 2013 Sidewalk Program prior to the established meeting date. The recommended date is June 16, 2014. Scheel offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 13. REQUEST TO ADVISE THE WAYNE COUNTY DEPARTMENT OF PUBLIC SERVICES (PERMIT SECTION) THAT THE CITY HAS APPROVED THE STORM SEWER PLANS AND WILL ACCEPT JURISDICTION AND MAINTENANCE OF THE STORM SEWER WITHIN THE PROPERTY LOCATED ON THE WEST SIDE OF MIDDLEBELT ROAD, NORTH OF FIVE MILE ROAD, AND REQUEST TO AUTHORIZE THE CITY ENGINEER TO EXECUTE A WAYNE COUNTY PERMIT ON BEHALF OF THE CITY: Engineering Division, re: for the development of Marycrest Manor Skilled Nursing and Rehabilitation at 15475 Middlebelt Road, located in the Southeast 1/4 of Section 14, with Trinity Continuing Care Services, a Michigan non-profit corporation, to reimburse the City for any such maintenance that may become necessary. David Lear, Assistant City Engineer, presented the request to Council. In connection with the development of the property located on the west side of Middlebelt Road, north of Five Mile Road, the Wayne County Department of Public Services has requested that the City take jurisdiction and control of the entire on-site storm sewer collection system to be constructed by the owner of the property at their expense. A representative of the City must also be designated to execute the County permit in connection with this storm sewer construction. The Engineering Division has reviewed this matter and recommends that the following actions be taken: 14 1) Advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the west side of Middlebelt Road, north of Five Mile Road in the S.E. '/4 of Section 14. In reference to this storm sewer system, this office has received the attached maintenance agreement from the owner, Trinity Continuing Care Services, a Michigan non-profit corporation, 17410 College Parkway, Suite 200, Livonia, Michigan 48152 requiring them to reimburse the City for any such maintenance that may become necessary. 2) Authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction. 3) Authorize the Mayor to execute the maintenance agreement on behalf of the City. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 14. REQUEST FOR THE ESTABLISHMENT OF IMPROVEMENT BONDS: Engineering Division, re: to ensure the installation of public improvements at Livonia Manor II Site Condominiums, located at 31700 & 31750 Seven Mile Road in the Southeast 1/4 of Section 3. (CR 452-06 and Petition 2006-07-08-13) At the direction of the Chair, this Item was removed from the Agenda. 15. REQUEST TO ENTER INTO A DEVELOPMENT AGREEMENT WITH EAST MIDDLEBELT LLC: Department of Law, re: Providing certain terms and conditions on the re-use and maintenance of the former GM Powertrain Plant, 12200 Middlebelt Road, pursuant to authorization established by Revitalizing Auto Communities Environmental Response (RACER) Trust under a Settlement Agreement in U.S. Bankruptcy Court. Don Knapp, City Attorney, presented the request to Council. As Council may know, the referenced property has been held by the Revitalizing Auto Communities Environmental Response Trust ("RACER Trust") in order to resolve environmental issues the site. RACER Trust is now prepared to sell the property to East Middlebelt LLC, a Michigan limited liability company, which will develop same for reuse. As is typical of such transactions, a development agreement has been done to protect the community's interests as the site is developed. The Development Agreement has been provided to Council; it requires the developer to act responsibly to prevent any further environmental contamination at or in the vicinity of the site. The developer is also required to provide a comprehensive 15 maintenance plan for the site and building within ninety (90) days of the effective date of this Agreement. In the Agreement, the Developer also agrees not to demolish any portion of the existing building or structure on the site for a period of twelve (12) months, unless such demolition or modification is necessary to accommodate the needs of a specific use or operation, such as additional loading docks, storage, parking, etc. This moratorium on demolition is intended to prevent the building from being "scrapped." During that one year moratorium, Council may wish to re-examine — and possibly tighten — ordinance provisions governing demolition. The Agreement expires after three (3) years, but the Developer's environmental covenants survive the termination. In light of the foregoing, the Development Agreement is submitted for your consideration and possible approval. If Council is inclined to approve the Development Agreement, they would recommend adoption of a resolution Scott Kerr, representative for RACER Trust, said Mr. Knapp pretty much covered everything. Kerr was available to answer any questions from Council. Toy offered the approving resolution for the Consent Agenda. President Brosnan asked Knapp if the Agreement is between all three parties. Knapp said it is between the City and the Developer. President Brosnan asked if RACER Trust would still be responsible for any environmental concerns with the property. Kerr replied yes they would for the next 100 years. President Brosnan asked the developer to share their vision of the property. Jeff Schostack, Schostack Brothers, 17800 Laurel Park Drive, responded by saying they started revamping the property about 9 months ago and they are hopeful that they can lease it out quickly to one or more tenants. He said it will need some proper renovations, marketing and attention. He is confident that this property will be redeveloped and leased. Mayor Kirksey said he is hopeful that this property can be redeveloped and leased. He said Schostack Brothers have done some great projects here in the City and he looks forward to seeing the property revived. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: 16 Christopher Martin, 12275 Inkster, expressed his views on Freedom of Speech during Open Meetings. President Brosnan encouraged residents in need of emergency shelter to contact the Community Recreation Center at (734) 466-2900. As there were no further questions or comments, President Brosnan adjourned the Study Session at 9:11 p.m. on Monday, January 27, 2014. DATED: January 30, 2014 TERRY A. MARECKI CITY CLERK