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HomeMy WebLinkAboutCOUNCIL STUDY - 2011-04-11 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD APRIL 11, 2011 Meeting was called to order at 8:00 p.m. Present: Joe Laura, Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, and James McCann. Absent: None. Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Terry Marecki, City Clerk; and Jack E. Kirksey, Mayor. President McCann announced there is new data on Item # 7. President McCann announced there will be one (1) X-item added to the agenda at the end of the meeting. Mayor Kirksey introduced Police Chief Robert Stevenson who discussed the recent Wal-Mart robbery and Fortune Buffet robbery. Chief Stevenson commended Sgt. Killingbeck and the rest of the LPD staff on a job well done in apprehending the perpetrators in the Wal-Mart robbery, and recovering over $90,000.00 in cash. Chief Stevenson also commended Officer Love who arrested the armed robbers that robbed Fortune Buffet. AUDIENCE COMMUNICATION: John Grzebik, 11301 Hubbell, representative of the Livonia P.T.S.A. Council stated the Youth Making a Difference Program is Wednesday, April 13, 2011 at Franklin High School. Additionally, he said PTSA dues will increase this year. Also, district communications teams are meeting with legislators regarding school funding tonight. NEW BUSINESS 1. REQUEST FOR DESIGNATION AS A NON-PROFIT ORGANIZATION: David Bibik, Clarenceville Athletic Booster Club President, re: as required by the State of Michigan to obtain a Charitable Gaming License to allow them to expand their fundraising efforts to include raffles. David Bibik presented his request and was present to answer any questions from Council. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 2. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE AND TO ERECT SIGNS AT REFERENCED LOCATIONS: Fred E. Sackllah, Festival Chair Person, The Basilica of St. Mary Antiochian Orthodox Church, re: in connection with their Third Annual Sahara Fest to be held from Thursday, June 2, 2011 through Sunday, June 5, 2011, at Bryant Park, 18000 Merriman Road, to support the construction of the Mariam Outreach Center and bring the Detroit Metropolitan and Middle Eastern communities together. Fred Sackllah, 18300 Merriman Road, was present on behalf of St. Mary's Antiochian Church. He said this is their third year hosting the festival. He mentioned Steve King would be performing at the event. Also, they are thinking about having a car show for a few hours during the event. He said they were requesting permission to place 3 signs along Merriman Road in front of the property and Bryant Park. He was ready to answer any questions from Council. Meakin offered the approving resolution for the Consent Agenda. Pastor said it was a great event last year and wished him luck this year as well as good weather. DIRECTION: APPROVING CONSENT 3. REQUEST TO WAIVE SECTIONS 8.32.070 AND 12.20.080 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Arica Flores, American Cancer Society, Relay for Life, re: to allow the playing of music and announcements via speakers, as well as the erection and use of tents on public land (Bentley Field) during their overnight outdoor gathering to raise funds for the fight against cancer which will take place from Saturday, June 4, 2011, through Sunday, June 5, 2011. Lloyd Elwell, 12068 Stark Road, a representative for the Relay for Life team presented the request and was ready to answer any questions from Council. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. PROPOSED LOT SPLIT: Department of Assessment, re: requested by Kucyk, Soave & Fernandes, PLLC, for Tax Item No. 46-005-02-0015-002, located west of Middlebelt Road, north of Seven Mile Road, at 20224 Melvin. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. He noted that the proposed lots are deficient in lot width and lot area. Enrico Soave, 37771 Seven Mile Road, noted that although the property is zoned RUF, adjacent and immediately near the property there are properties zoned R1 3 which require a lot width of 60 feet. The proposed lots would be 63 feet in width, a deficiency of 2 feet for the RUF zoning lot width requirement. He said upon receiving approval from Council, they would immediately demolish the boarded up vacant building on the property and build two (2) new homes. Pastor asked Taormina if they had to also go to the Zoning Board of Appeals for approval. Taormina replied it would require approval of the City Council to waive the lot area with a majority vote of at least five members, as a separate resolution. Pastor offered the approving resolutions for the Consent Agenda. Laura asked how that happens where there are various zonings in the same area. Taormina added this property was previously split from a larger parcel that was part of a subdivision that was platted back in the 1930's or 1940's. Also, other various property divisions and rezoning of properties over a period of years have probably contributed to the mix of zoning. DIRECTION: 1) APPROVING CONSENT (SEPARATE RESOLUTION REQUIRED TO WAIVE LOT AREA) 5. REAPPOINTMENT OF LOWELL PETERSON TO THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY: Office of the Mayor, as a Resident Member at Large for a four-year term, which shall expire on May 16, 2015. Mayor Kirksey recommended Lowell Peterson for reappointment to the Plymouth Road Development Authority. Lowell Peterson, said the next four years are going to be even more challenging than years past due to the financial difficulties and economic times they have been challenged with but he is hopeful these issues will get better in the future. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST TO AMEND COUNCIL RESOLUTION 329-10: Livonia Housing Commission, re: to amend the sale price of a Neighborhood Stabilization Program home located at 28614 Seven Mile Road to $44,000.00, due to a FHA appraisal received during the mortgage application process by the approved buyers, Tammy and James Sekutowski. Jim Inglis, Executive Director of Housing, presented the request to Council. He explained when the purchaser went through the process of securing the financing through FHA, the appraiser for FHA valued the house at $41,000. They appealed that appraisal and it came back at $44,000 but it would not go any higher. 4 Toy offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 7. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM FONTE BUSINESS ACQUISITION, LLC FOR A DANCE-ENTERTAINMENT PERMIT TO BE HELD IN CONJUNCTION WITH A 2010 CLASS C LICENSED BUSINESS WITH OFFICIAL PERMIT (FOOD): Division of Police, re: for the business located at 32030 Plymouth. President McCann said the Chair will receive and file a Letter of Understanding that was received by the City Clerk on April 11, 2011. John DeAngelis, 12705 N. Irving Highway, Clinton, Michigan, stated he is the manager of Zorrito's. Brosnan asked him if there has been a change in ownership recently. He replied that there were a few partners in place and indicated one of them had passed away and indicated the wife of the partner that passed away has taken his place. He also noted he has worked at bringing the property into compliance and doing all that he can to run the business properly and by the book. He said they need the permit to allow dancing and is trying to make sure all the proper paperwork is done to keep the business violation free. Brosnan asked for a report on any activity that the LCC has received on this location for the past two years, not just violations. She indicated she would appreciate having that information prior to the next meeting. President McCann stated Police Chief Stevenson indicated they would provide them with that information. Brosnan offered the approving resolution for the Regular Agenda. DIRECTION: 1) APPROVING REGULAR 2) RECEIVE & FILE 8. REQUEST TO EXTEND TOWING CONTRACT FOR A PERIOD OF TWO (2) YEARS: Division of Police, re: with Livonia Towing at the same contract terms and fees approved two (2) years ago, and with the same towing and storage rates set by ordinance. (CR 106-09) Police Chief Robert Stevenson presented to request to Council requesting an extension for two years on the towing contract with Livonia Towing. Meakin offered the approving resolution for the Regular Agenda. Vice President Laura offered the resolution recommending the City Council authorize the Division of Police go out for bids. 5 DIRECTION: 1) APPROVING REGULAR 2) GO OUT FOR BIDS 9. REQUEST TO ACCEPT RADIO EQUIPMENT FROM WAYNE COUNTY PURCHASED UTILIZING PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT FUNDING; AND REQUEST FOR AUTHORIZATION TO PURCHASE ADDITIONAL EF JOHNSON RADIO EQUIPMENT AND ACCESSORIES FROM SOLE SOURCE: Division of Police, re: in connection with the Michigan Public Safety Communication System to allow personnel to communicate throughout the entire region, with no General Fund monies being utilized. Police Chief Robert Stevenson said this is a culmination of project that began over two years ago. He said they have literally thousands of staff hours involved in this project. He recognized Mike Fisher from the Law Department for his help in negotiating a $1,200,000 buyout from Nextel. Captain McDermott from the Police Department and Captain Unruh from the Fire Department have been relentless in their investigation and negotiation of this project. The first quote came in at $4,600,000 and they negotiated it down to $3,500,000. He also recognized Lieutenant McGillivary from the Police Department for his efforts in helping obtain over $3,000,000 in grants for the City of Livonia and Western Wayne County. Police Captain Ben McDermott stated the County of Wayne is a recipient of funding from the National Telecommunications and Information Administration 2007 Public Safety Interoperable Communications Grant Program. The Wayne County Department of Homeland Security and Emergency Management are administrating this grant on behalf of Wayne County. Wayne County has reallocated available funding under the grant to purchase subscriber radios that will operate on the Michigan Public Safety Communications System. As an active partner with the City of Livonia, Wayne County is offering this grant funding to our community to purchase subscriber radios for the City of Livonia's use. These interoperable radios are designed to function on the City's new communication system that is currently being installed; the installation should be completed over the next several months. These radios will increase the ability of public safety and emergency response personnel to communicate throughout the entire region. The Department of Public Safety, Division of Police, requests approval to accept subscriber radios from Wayne County purchased with this Public Safety Interoperable Communications Grant funding. There is a 25% matching fund requirement for equipment purchase pursuant to the grant that the City must provide. The total amount of the grant project is $167,905.33. Therefore, the grant fund covers $125,929.00 and the City's share is $41,976.33. They have selected some equipment that is actually going to be about $14.67 more than what is available from the project and the City will also be responsible for that cost. The City's total cost is $41,991.00. This equipment will include 120 E.F. Johnson portable radios and 10 E.F. Johnson mobile radios that will be purchased from Advanced Wireless Telecom. Further, the Department of Public 6 Safety is requesting authorizing to purchase additional E.F. Johnson radio equipment and accessories in the amount of $81,387.57. This equipment includes portable and mobile radios, desktop control stations, accessories, and extended warranties for all the radios. The equipment is going to be purchased from Advanced Wireless Telecom in Wixom, Michigan. They are also requesting a waiver from the bid process for this equipment as E.F. Johnson is the sole supplier of the equipment and Advanced Wireless Telecom is their local authorized vendor. Funds for both the grant match and proposed purchase of the equipment totals $123,378.57. These funds would be expensed from the account holding the proceeds from the buyout Chief Stevenson mentioned earlier; no General Fund money will be used for this purchase. Vice President Laura offered the approving resolution for the Consent Agenda. Vice President Laura thanked the Police Department for all of their hard work on this project. Brosnan asked Captain McDermott how much of the Police Department gets covered with these radios and how many radios do they currently have and what they look like now as a result of having this equipment. Captain McDermott replied the actual number of radios that they are purchasing to replace the existing radios is quite a few radios less than what they currently have; they tried to reduce the number of radios they are purchasing and the number of spare radios has been cut down to bare bones. They have had a number of officers leave the department that have not been replaced. Some of the radios they will be giving to the Department of Public Works will be issued as portable radios rather than mounting them; it is more cost effective that way. Brosnan said she is interested in whether or not the purchase of these radios and equipment will make the officers safer and provide better communication. Captain McDermott said these radios will operate on the Michigan Public Safety Communications Network which is a statewide network and it will allow the officers to communicate anywhere in the region. They will be able to interoperate with other police departments; currently they do not have this ability. He said with regard to safety; this will increase the safety of the officers. Currently the radio signal is received from the tower in the center of the city; the new radios will have the ability to receive their signal from all the towers within the state of Michigan on this system and be able to roam, much like a cell phone, between the towers. He said this ability is going to make them both safer and more effective. Brosnan commended all of those involved with the project. Toy asked Captain McDermott what the life expectancy is for this equipment. Captain McDermott replied by saying on average about 15 years, as far as the portable equipment. Toy said Michigan is one of the states that is receiving a lot of Homeland Security money and it is in the City's best interest to have somebody keep in touch with the local legislators at the state level involved with Homeland Security funding. 7 DIRECTION: APPROVING CONSENT 10. REQUEST TO ACCEPT RADIO EQUIPMENT FROM WAYNE COUNTY PURCHASED UTILIZING 2010 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT FUNDING; AND REQUEST FOR AUTHORIZATION TO PURCHASE ADDITIONAL MOTOROLA RADIO EQUIPMENT AND ACCESSORIES FROM SOLE SOURCE: Division of Police, re: in connection with the Michigan Public Safety Communication System to allow personnel to communicate throughout the entire region, with no General Fund monies being utilized. Captain McDermott said the grant is administered a little differently through FEMA in partnership with the office of Emergency Communications. Again, it's called the Interoperable Emergency Communications Grant Program. Wayne County will be the purchaser of the radios; they are Motorola radios in this instance. The City has a 25% match again. The total cost of this grant project is $224,245.00 with the grant covering $168,183.75. The City's share is $56,061.25; however, they have selected equipment that is over that amount by $1,183.87 bringing the City's cost to $57,245.12. The equipment they selected to be purchased by Wayne County on the City's behalf will be 79 Motorola radios to be purchased directly from Motorola. They are further requesting authorizing to purchase additional Motorola radio equipment in the amount of $1,141,818.63. This equipment includes additional portable and mobile radios, desktop control stations, accessories, services, and extended warranties for all the radios. They are requesting a waiver of the sealed bid process as Motorola is the sole source supplier for this equipment. Funds for both the grant matched and proposed purchase total $1,199,063.75. $419,776.75 of this total (which includes our $57,245.12 grant match) would be expensed from the account holding the proceeds of our "buyout" that was recently negotiated as a result of Frequency Reconfiguration Agreement and received from Sprint-Nextel. An additional $779,287.00 would be expensed from budgeted funds in the Public Safety Communications Fund, which holds funds received from 9-1-1 surcharges. No General Fund money will be used. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. AWARD OF BID: Water and Sewer Board, re: to supply the Public Service Division (Water Maintenance Section) with water service parts and fittings for a period of two (2) years. Kevin Maillard, Director of Public Works, said they went out for bid. They are recommending that the low bid meeting specifications from SLC Meter Service from Davisburg, Michigan, be accepted to supply the Public Service Division (Water Maintenance Section) with water service parts and fittings at the unit 8 prices bid for an amount not to exceed $50,000 for the total of the two year contract. Toy offered the approving resolution for the Consent Agenda. Meakin asked Maillard if they have looked to other communities to form a consortium and get an even better price. Maillard replied they have and are in the process of working on that for future purchases. DIRECTION: APPROVING CONSENT 12. AWARD OF BID: Water and Sewer Board, re: to supply the Public Service Division (Water Maintenance Section) with water main repair clamps for a period of two (2) years. Kevin Maillard, Director of Public Works, said they went out for bid for this request. He said this year they handled it a little bit differently; instead of listing quantities in the bid they went for unit prices for a two year period. He said SLC Meter Service was the lowest bidder on 28 of the 29 items. They are recommending that the low bid meeting specifications from SLC Meter Service from Davisburg, Michigan, be accepted to supply the Public Service Division (Water Maintenance Section) with water main repair clamps at the unit prices bid for an amount not to exceed $65,000 for the total of the two year contract. Vice President Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 13. REQUEST TO APPROVE ALLIANCE OF ROUGE COMMUNITIES (ARC) ANNUAL ASSESSMENT FOR 2011: Public Service Division, re: in the amount of$29,013.00 from funds budgeted for this purpose. Kevin Maillard, Director of Public Works, said the City of Livonia has been an active participant in ARC since 2004. The city has benefited greatly on some grants it has received including the recent $400,000 grant for the detention pond at Whispering Willows Golf Course. He said the city has also received grants for Cleveland School and Bicentennial Park for plantings at a price of about $10,000. ARC has helped the City cut its costs in duplicating the stormwater management practices. They also provide educational opportunities for their members. They have also developed a stormwater action plan to track illicit connections and address problem areas for elimination which they have been looking at quite heavily. They are recommending Council approve payment to the Alliance of Rouge, a non-profit organization, in the amount of $29,013.00 for the annual assessment to Livonia for 2011. No appropriation is required since this amount was included in the 2010-2011 approved City budget. Brosnan offered the approving resolution for the Consent Agenda. 9 DIRECTION: APPROVING CONSENT 14. AWARD OF BIDS: Public Service Division, re: to supply the Building Maintenance Section with custodial supplies for the period May 1, 2011 through April 30, 2012. Kevin Maillard, Director of Public Works, said they went out for bid and received 14 bids; 86 items were bid. It is the recommendation of the Public Service Division that Council accept the bids of the three (3) low bidders meeting specifications from Hercules & Hercules, 19055 W. Davison, Detroit MI 48223; Empire Equipment & Supply, 18639 Omira, Detroit. MI 48203; and Pyramid School Products. 6510 N. 54th St., Tampa. FL 33610, to supply the Public Service Division (Building Maintenance Section) with custodial supplies specified at the unit prices bid for the period May 1, 2011 through April 30, 2012. The remaining items will be ordered from the supplier with the lowest bid received on those items during the March 2011 bid. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 15. AWARD OF CONTRACT: Engineering Division, re: for the 2011 Concrete Road Repair Program — Contract 11-C. Todd Zilincik, City Engineer, said they went out for bid and received nine (9) bids. They are requesting the lowest qualified bidder, Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, Michigan, 48185 be awarded the contract in the amount of $1,689,983.00 for work in connection with the 2011 Concrete Repair Program from budgeted funds. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 16. AWARD OF CONTRACT: Engineering Division, re: for the 2011 Pavement Crack and Joint Sealing Program — Contract 11-D. Todd Zilincik, City Engineer, said they went out for bid and received three (3) bids. They are planning doing 39 miles of roadway joint crack seal along with other areas to handle major and local roads. They are requesting Council award a contract in the amount of $94,750.00 to Scodeller Construction, Inc., 51722 Grand River Ave., Wixom, MI; they were they low bidder, have proper references and have done numerous jobs for MDOT and other municipalities in the area. 10 Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 17. AWARD OF CONTRACT: Engineering Division, re: for the 2011 Sidewalk and Pavement Replacement Program —Water Main Breaks — Contract 11-F. Todd Zilincik, City Engineer, said they went out for bid and received seven (7) bids. He said this involves two (2) phases; the first phase should be completed by July 15, 2011 and the second phase is from September 12, 2011 through October 7, 2011. This is related to water main breaks that have occurred throughout the winter time. In spring they repair the sidewalk and damaged driveway approaches at these various locations. They are recommending that a contract be awarded to the low bidder C & L Enterprizes, 11085 Lisa Lane, Shelby Twp., MI 48316 in the amount of$48,788.00. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 18. AWARD OF CONTRACT: Engineering Division, re: for the 2011 Sidewalk Replacement Program — Contract 11-G. (CR 31-11) Todd Zilincik, City Engineer, said they had a pre-bid meeting on March 18, 2011. They took bids on March 22, 2011, a total of nine (9) bids were received. He said they have approximately 708 locations in scattered areas throughout the city and approximately 350 locations in their target area which is the northwest quarter of section 34. There are approximately 1,100 locations with repairs. The low bidder is Italia Construction, Inc. of Washington, MI, in the amount of $618,606.80. They are requesting they perform the work beginning June 1, 2011 with the anticipated completion date of September 3, 2011. Pastor stated he is more comfortable awarding the contract to Joe Rotondo Construction, a Livonia based contractor, who has done this work for the City of Livonia in the past, and the difference is about $5,000 more than the low bidder. The total additional cost to the taxpayers is approximately $11,000. Pastor offered the approving resolution for Joe Rotondo Construction for the Consent Agenda. Zilincik added that he checked the references for Italia Construction, Inc. and everything checked out. DIRECTION: APPROVING - AWARDING CONSENT CONTRACT TO JOE ROTONDO CONSTRUCTION 11 19. AWARD OF CONTRACT: Engineering Division, re: for the 2011 Lane Line Marking Program — Contract 11-H. Todd Zilincik, City Engineer, said they went out for bid and received one (1) bid from R.S. Contracting, Inc., in the amount of $90,221.00. They have done work for the City of Livonia in the past, as well as with other municipalities. They are recommending R.S. Contracting, Inc. be awarded the contract. Pastor offered the approving resolution for the Consent Agenda. Meakin asked Zilincik to explain to the audience why it is not in the best interest of the city to skip the Lane Line Marking Program for a year. Zilincik responded by stating there are some areas they know are going to be reconstructed in 2012, they don't want to waste taxpayers money to do those locations if they are sufficient. Typically, depending on the amount of travel, winter weather and number of salting cycles may dictate areas to be repainted. He said it is important to make certain the public can see the lane lines at night for the safety of the public. He said it is critical that the city maintain the lane line markings for Act 51 funding so they don't get disqualified and have money taken away from the city. DIRECTION: APPROVING CONSENT 20. REQUEST TO DESIGNATE CONSULTANT, THROUGH THE QUALIFICATION- BASED SELECTION (QBS) PROCESS, TO PROVIDE DESIGN SERVICES; AND REQUEST FOR APPROVAL OF THIRD-PARTY AGREEMENT WITH THE MICHIGAN DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION ENGINEERING SERVICES: Engineering Division, re: for the Newburgh Road Reconstruction Project from Six Mile Road to Laurel Park Drive, and from Five Mile to Six Mile Roads, with the City of Livonia responsibility estimated at $234,866.00. (CR 260-10) Todd Zilincik, City Engineer, said the Engineering Department along with the DPW have been working diligently to obtain federal funds for this project since 2009 when they filed the application which required traffic counts and certain other requirements to get federal aid funding. He said they were officially approved back on December 10, 2010 for just over $3,000,000 to resurface Five Mile to Six Mile with a 3 '/2 inch asphalt overlay, then reconstruct Newburgh Road from Six Mile to Laurel Park Drive North. Along with federal funding they have the QBS Process and they are requesting the OHM, who just did the recent portion from Laurel Park Drive North to Seven Mile and in addition from Seven Mile to Eight Mile, be awarded the project for design at this time and eventually will take it back for Construction Engineering services in the future. They want to take advantage of the design at this time to meet MDOT/LAP program application to get the funds obligated by March next year; otherwise the money could be lost and go to some other community. They are requesting a contract in the amount of $234,866 be approved to OHM. In addition, as part of this contract, they will 12 have night meetings at Vargo and Bennett to address residents concerns about going north and making a left turn on Laurel Park Drive North and come back around and try and work on that boulevard section that is out there. In addition, most likely the reconstruction portion will have a modified boulevard and take advantage of residents' comments at a future date when the night meetings are held. Pastor offered the approving resolution for the Consent Agenda. Dan Rockwell, 37323 Bennett, was present on behalf of the residents in the area of Bennett and Vargo streets. He said they have had problems turning in and out of their subdivision. He said about six or seven years ago a petition was signed and given to the City but it their request was shot down then due to lack of funds. President McCann said they would put the item on the consent agenda for the next Regular Meeting April 20, 2011; he said to Rockwell that should help move things along in the right direction. DIRECTION: APPROVING CONSENT 21. REQUEST TO DESIGNATE CONSULTANT, THROUGH THE QUALIFICATION- BASED SELECTION (QBS) PROCESS, TO PROVIDE DESIGN AND CONSTRUCTION ENGINEERING SERVICES: Engineering Division, re. for the Eight Mile Road Water Main Improvement Project, which includes right-of-way or easement acquisitions, in an amount not to exceed $74,850.00. (CR 260-10) Todd Zilincik, City Engineer, said this is for the Eight Mile Road Water Main Improvement Project. He indicated they finally got validation with their Water Main Master Plan last year to go forward with this project with the size, an eight inch water main along the corridor of the south side of Eight Mile Road between Golf Ridge and Ellen just near Deer Creek Subdivision. They are moving forward recommending Hubbell, Roth and Clark (HRC) who previously has done numerous Water Main Capital Improvement Projects with us back in 2006. Based on the QBS Process, they are requesting that HRC perform the design and construction engineering services to move forward with this project as it was noted as the number one priority as part of their DWRF plan in 2010 as they are creeping closer to the list on top to take advantage of a low interest loan. Toy offered the approving resolution for the Consent Agenda. Dennis Berenson, 20012 Wayne Road, was present as the representative for the Deer Creek Homeowners Association. He said the residents of Deer Creek residents will be the primary beneficiaries of this Water Main Project; he said they would very much like to see this happen. DIRECTION: APPROVING CONSENT 13 22. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to Section 040 of Title 2, Chapter 32 (Unclaimed Personal Property) to conform to State law regarding firearms. Don Knapp, City Attorney, said this is a proposed amendment that would conform to recent changes in the State law that would allow the police to dispose of firearms in a different way. Currently, if a firearm is confiscated because of commission of some crime or the way that it was utilized or possessed then it is disposed of through the Michigan State Police. The law was changed which allows the police, if they wish, to either retain it and sell it through a federally licensed dealer or utilize it themselves to the extent that it is not entirely dangerous under the City's Personal Property Disposition Ordinance. Brosnan asked Knapp if the proceeds from the disposition of the firearm through the sale to a federally licensed dealer were kept by the City; he replied yes. Brosnan offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 23. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to Sections 050, 0607 0707 110 and 200 of Title 2, Chapter 04 (City Council) to clarify various City Council proceedings. Don Knapp, City Attorney, said as they were reviewing the Code of Ordinances they came upon a number of things that they are suggesting be changed to the City Council Ordinance. He said it hasn't been reviewed in quite some years; for example, it indicates that the Vice President is selected by the colleagues after an election. However, some years ago the City Charter was amended to provide that the candidate with the second highest number of votes automatically becomes Council Vice President. He said they are also suggesting some changes that sort of reflect how the Council operates. Currently the Ordinance provides that a member of the Police Department and Public Works Department attend every meeting whether or not they have an item on the agenda; they're suggesting that be changed. Ordinance also requires that a Police Officer attend Council meetings and quite often they're Reserve Police Officers that attend. Most of the changes simply reflect the way the Council currently does business and also provides a way of updating some of the language as it relates to when people are recognized, Council's ability to remove somebody from a meeting, whether or not the Council President has to stand at a given point or not and they also noted that Roberts Rules of Order that is utilized by the Council has an updated edition. They haven't reviewed it, however, they are advising that there is one out there and if Council would like them to review it they would be happy to do it. Brosnan said it appears to be clean up work. She did ask if he could provide an outline of the updates to Roberts Rules. 14 Brosnan offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR X1. REQUEST TO REFER TO COMMITTEE CONSIDERATION OF PLACING A PUBLIC SAFETY MILLAGE ON THE AUGUST 2011 PRIMARY ELECTION: Office of the Mayor, re: same. Meakin offered the approving resolution referring the subject of placing a Public Safety Millage on the August 2011 Primary Election to the Finance, Budget and Technology Committee. Vice President Laura asked the item be placed on the Regular Agenda. Vice President Laura said a Millage is a very serious matter and said they need to have a complete budget review prior to getting into that part and they haven't even started that review. He said he is not sure about a time table for this, he said this item is proposed to be on the August 2011 Primary, he doesn't how it would be possible to have enough time for a complete budget review and if they can't do that his thoughts is that is not worth going into a committee to discuss it. He said without a complete budget review he would not support meeting in committee to discuss the subject. Mayor Kirksey said he appreciated the courtesy of Council to consider that there are time constraints. Even though they are looking at next year's budget building and formation, much of it does actually become very intense in the months ahead. He said if they are going to at least participate in a discussion of alternative funding, they would need to act now to qualify for the August 2011 Election. If they wait until the budget process had answers to all the questions and knowing definitively all of the sources of income, you would not be able to get this on the ballot. Eventually, if it were to go on the ballot, it would be up to the voters to decide if they wanted to do this or not. This grew out of the State of City speech when he said 2012 was going to be a pivotal year. All of the things that they have done creatively have served the community well. He said he meant collectively, the Mayor, the Council, citizens and so on through all of the suggestions that have been received. He said what they bring to the budget process for 2012 will be different than other he has seen in the 12 years that he has served as Mayor. The choice that Council will have once they have all the budget figures is in order to maintain the current level of Public Safety as it is now, next year Council would have to decimate a lot of the other services. He said a number of people will say Public Service is the number one priority and it must continue to be funded in the same manner as it is at the present time. The Mayor indicated that based on figures they are already aware of even though they have not completed the budget process, if the premise on budget balancing is to keep Public Safety where it is, there are unimaginable kinds of cuts that would have to be made to the remaining 18 Departments. This is just an 15 opportunity to meet basically what is a May 24, 2011 deadline, in terms of seeing whether it is worth the citizens considering it or not. He said they would not be able to complete the budget process to answer the questions that Vice President Laura has raised; however, there will be basic ballpark figures that would give them the magnitude of the problem. This is only to enter into a format to try to meet deadlines that the State of Michigan has imposed on when a discussion of this type would have to take place. The alternative would be to go to a November election where they would have completed the budget process and have numbers spelled out in their exact amounts but they would not get an answer to the question if they put a Millage before the citizens until the first week in November and they would be three (3) weeks away from the start of the new fiscal year which creates some logistical problems for Council. This is an opportunity just to look at the figures to see if it is something that is worthy taking to the citizens for their decision not the Council's decision. Based on the time line and constraints they are facing the Mayor has met with the leadership of the two (2) police unions and the fire unions and they have indicated an interest in discussions of this type at least taking place of whether or not to place the item on the ballot. He added that it is a very complicated process and there are some time constraints. It would be greatly appreciated if they would at least allow public dialogue to take place. Toy said she appreciates the Mayor's comments; however, she has some concerns. She said when she has looked at budgets during her years of service; she has to look at the total budget. She understands the City is in some tough predicaments as it faces not only this coming year but several years down the road. She feels that in order to get their arms around these challenges, there are different approaches to different problems. She said one of the easier ways out is to raise people's taxes. She said she really thinks in order to understand this budget it is best to proceed with caution and take their time with this process; as it not only has consequences for this coming year but many years to come as they move this City forward and keep it solvent as it has been run very well for many years. However, as the Mayor said, it is a different environment. She indicated she has spoken to some of the leaders of these unions as well. She said she would feel much more comfortable having a face to face conversation with all of them hearing the same information as opposed to just one of them on the phone hearing information. She applauded them (leaders of the Police and Fire Unions) for contacting them. She also feels that as they move forward perhaps they should wait just a little while and perhaps do a continuation budget which has been done in other cities and other areas and continue the budget they presently have and continue the dollars they presently have so that they know what the outcome of the election is in November and they do know the kinds of dollars they are going to be spending. This has implications, as previously stated, for years to come. She strongly believes in citizen participation but she also believes in citizen participation at meetings and not only at the voting booth. 16 Pastor said unfortunately he will be out of town and will not be at the voting meeting. He is the Chairman of the Finance, Budget and Technology Committee and said he wanted to assure everyone that if this does get referred to this Committee he said they will try and get it out. He agrees that they do have to have all the information before them; whatever comes out of that meeting will come out but he said he thinks that should listen to it and they'll see what happens from there. He wanted everyone to be aware that he would not be present to vote on this at the next meeting. Brosnan asked the Mayor what his time line was on this item. He replied May 24, 2011; he added that date is established by the State of Michigan so that they can attend to the procedures if it were something to be printed on the ballots in time for absentee voting which is approximately six (6) prior to the actual election date. Brosnan said it would then have to be voted on at their May 11, 2011 meeting in order to meet that deadline. The Mayor indicated that if it were necessary Council have a Special Meeting to vote on the matter. Brosnan stated there is not a whole lot of time for the Finance, Budget and Technology Committee to schedule this meeting. She said they really have to be cognizant of the deadline; this would really need to be turned around in a timely manner. Pastor said that is if it were to go on the City Primary Election ballot in August. He said there are other options if it went on the November City General Election ballot. Pastor asked the Mayor what the deadline would be for the November ballot. The Mayor said that would advance it a couple of months but the results that they would get would come too late in the budget process. He said one strategy might be that they would actually have to do two budgets; one based on the Millage being approved and one based on traditional revenue sources. He said in response to Councilmember Toy's comments, they could not have a continuation budget because a continuation budget is based on this year's revenues and next year's revenues will be dramatically different. This is not based on something they are estimating, it is based on what is known to them. It will be dramatically different and that is what creates the crisis. Pastor said the Committee can meet prior to May 11, 2011 to hear the information and discuss it with the understanding they have more than one option. Toy said the reason she is very hesitant is when she looks at what is going in the State of Michigan and after hearing the Governor's State of the State address; she wants to be very clear on revenue sharing. The strong message that they all got was collaborating. She wants the City to make sure that revenue sharing is not impacted by this. She said it is important to make sure the City has all of its' T's crossed and I's dotted before they go out because part of the strategy of this new economy that she believes the Governor is talking about is living within our means as well as watching the extra dollars that they are spending for taxpayers. She said she knows they are all cognizant of that but she believes that they really have to proceed with a lot of caution because the State controls the revenue sharing. She said the atmosphere has changed so much and she wants to 17 ensure that the City has all of its' T's crossed and I's dotted before it takes on any nuances. She knows the budget is in need of help and recognized the Mayor for his collaboration and unique ways of running the City in this environment. She said she thinks there are a lot more unique ways to solve the problems facing the City and she would like a chance to discuss them as they see the budget as a whole. Vice President Laura had a procedural question for the Mayor or City Attorney Don Knapp. He asked if this required five (5) votes from Council in order to put this on the ballot. Knapp confirmed that it required five (5) votes. Mayor Kirksey wanted to respond briefly to Councilmember Toy's comments. He said whether or not they go for a Millage will not affect the revenue sharing the City receives. He said he has checked with Lansing with the pending legislation, as to whether this would be interpreted as not living within our means. He said many municipalities around Livonia have gone for Millages and in almost every instance they have been approved by the voters. He said he did check that out and even if the Emergency Manager would come into a situation that is getting ready to bankrupt, he added that is certainly not the case in Livonia, the Emergency Manager has the power to put the machinery in place to put the Millage on the ballot. Just to clarify, he is sure Councilmember Toy is aware of this; the City has been operating within its means that is the only way they could have balanced the budget. He said this is a matter of saying lets look at this one budget making strategy to determine whether there is a need and if it is appropriate. If it is deemed appropriate and a need has been determined then it is worthy of discussion. If there aren't five (5) votes to support it after the discussion then it is an issue because without the five (5) votes it will not go on the ballot. Police and Fire can get it on the ballot but to do it in August the number of signatures they would have to collect to get it on the ballot would be very difficult to achieve. Even though they are interested in collecting the signatures but it would be an almost insurmountable feat for them to do it for the August election. If it is not done in August it creates huge problems for the Council and the City if it is done in November. Toy said with all due respect to the Mayor, that this is a very important item and it would have been nice to have it on a regular Study Meeting Agenda rather than as an X-item. She said she was not aware of this item until late this afternoon and would have liked to have an opportunity to research the item prior to tonight's meeting. DIRECTION: REFERRING SUBJECT OF PLACING REGULAR A PUBLIC SAFETY MILLAGE ON THE AUGUST 2011 PRIMARY ELECTION TO THE FINANCE, BUDGET & TECHNOLOGY COMMITTEE 18 AUDIENCE COMMUNICATION: None. As there were no further questions or comments, Council President McCann adjourned the Study Session at 9:41 p.m. on Monday, April 11, 2011. DATED: April 20, 2011 TERRY A. MARECKI CITY CLERK