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HomeMy WebLinkAboutCOUNCIL STUDY - 2011-12-05 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD DECEMBER 5, 2011 Meeting was called to order at 8:00 p.m. Present: Brian Meakin, Joe Laura, Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, John Pastor, 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. Pastor wished his wife Linda a Happy Birthday, her birthday is December 7th. He also wished his niece Layla a Happy Birthday, her birthday is December 8th Pastor announced a Hat, Coat, Canned Food Drive sponsored by him, Councilman Meakin and State Representative John Walsh, to be held at the Knights of Columbus on December 19. He said participation from the public is welcomed. President McCann wished his wife, Linda, a Happy Birthday, her birthday is December 9th He also wished his nephew Chris Nickin a Happy Birthday, also on December 9th He said his nephew directed a film titled "Mary's Buttons" which can be viewed on www.youtube.com. President McCann wished his wife Linda a Happy 25th Wedding Anniversary, next Tuesday, December 13, 2011. Mayor Kirksey reminded everyone of the Tree Lighting Ceremony tomorrow night at City Hall at 7:00 p.m. He also mentioned the Livonia Goodfellows "No Child Without a Christmas" event and Newspaper Sale that took place this past weekend; the Mayor is one of their volunteers. He also mentioned the Inauguration of newly elected City Officials and Council members to be held Thursday, December 8, 2011 at 8:00 p.m. in the City Hall Auditorium. Last, he mentioned the "Holiday Coffee" for City employees, Elected Officials and retirees to be held on December 15, 2011 from 9:30 a.m. to 11:00 a.m., in the City Hall 5th Floor Gallery. Pastor reminded everyone about the Toys for Tots program. Toys can be dropped off at Julius Barbershop located at 29163 Five Mile Road and Fifth Third Bank. Pastor said his office at 34018 Beacon is the host for Toys for Tots for the Livonia area; their office telephone number is (734) 522-3800. Families in need can apply at his office. AUDIENCE COMMUNICATION: Christopher Martin, 12275 Inkster, expressed his gratitude to Councilmember Conrad Schwartz for listening to Martin when he addressed the Council with a couple of concerns. 2 NEW BUSINESS 1. REAPPOINTMENT OF MARGARET GRAY AS A REPUBLICAN MEMBER OF THE LIVONIA BOARD OF CANVASSERS: Office of the City Clerk, re: for reappointment for another four-year term, which will expire on December 31, 2015. Margaret Gray was present to answer any questions from Council. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. REAPPOINTMENT OF DAVID SUDEK AS A DEMOCRATIC MEMBER OF THE LIVONIA BOARD OF CANVASSERS: Office of the City Clerk, re: for reappointment for another four-year term, which will expire on December 31, 2015. David Sudek was present to answer any questions from Council. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. TAX RATE FOR THE SCHOOLCRAFT COMMUNITY COLLEGE DISTRICT FOR THE YEAR 2011: Office of the City Clerk, re: forwarding a communication from Glenn Cerny, Vice President and Chief Financial Officer, setting forth the rate of tax to be levied and requesting that it be collected as a summer tax. President McCann said the Chair would receive and file this item. DIRECTION: RECEIVE & FILE CONSENT 4. TAX RATE FOR THE OAKLAND SCHOOLS DISTRICT FOR THE YEAR 2011: Office of the City Clerk, re: forwarding a communication from John Fitzgerald, Director of Financial Services, requesting the City levy their millage for Special Education, Vocational Education and General Education as a summer tax. President McCann said the Chair would receive and file this item. DIRECTION: RECEIVE & FILE CONSENT 5. TAX RATE FOR THE STATE OF MICHIGAN, STATE EDUCATION TAX FOR THE YEAR 2011: Office of the City Clerk, re: forwarding a communication from Andy Dillon, State Treasurer, requesting the City levy their millage of the State Education Tax as a summer tax. 3 President McCann said the Chair would receive and file this item. DIRECTION: RECEIVE & FILE CONSENT 6. NOTIFICATION TO INCLUDE WAYNE COUNTY ZOOLOGICAL AUTHORITY MILLAGE IN 2011 WINTER TAX LEVY: Office of the City Clerk, re: as forwarded by the Wayne County Zoological Authority. President McCann said the Chair would receive and file this item. DIRECTION: RECEIVE & FILE CONSENT 7. BREAKDOWN OF WAYNE COUNTY SUMMER TAX RATES FOR 2011: Office of the City Clerk, re: forwarding a communication from Michael Racklyeft, Deputy Director, Assessment and Equalization Division, Wayne County. President McCann said the Chair would receive and file this item. DIRECTION: RECEIVE & FILE CONSENT 8. NOTIFICATION TO INCLUDE HURON-CLINTON METROPOLITAN AUTHORITY MILLAGE IN 2011 WINTER TAX LEVY: Office of the City Clerk, re: forwarding a communication from David L. Wahl, Controller, requesting the City levy their millage as a winter tax. President McCann said the Chair would receive and file this item. DIRECTION: RECEIVE & FILE CONSENT 9. CITY OF LIVONIA AFSCME UNION LOCAL 1917 CONTRACT AGREEMENT FOR THE PERIOD DECEMBER 1, 2010 THROUGH NOVEMBER 30, 2013: Civil Service Department, re: recommending approval of same. Robert Biga, Human Resources Director, stated this contract follows the pattern they established with AFSCME Union Local 192 and all the major issues are the same. Brosnan said it is notable that there were some major concessions that were made in this agreement. It is important that the residents understand that City employees have agreed to a three-year wage freeze. There were also major changes to their healthcare program and an implementation of a Health Retirement Savings Account for new employees. She asked Mr. Biga to give some details on the savings to the City. Biga said with regard to the healthcare changes, many of those are a result from Public Act 152 and the employees have agreed to other changes to the 4 healthcare that keeps them with a very good healthcare program and saves the City a significant amount of money. They will be paying for healthcare in retirement which is a significant savings to the City. The Health Retirement Savings Account started about two years ago and has been accepted by AFSCME Union Local 192 and AFSCME Union Local 1917; it was placed upon unrepresented City employees back in 2009. He said it is a very good program that provides employees with an account to pay for healthcare in retirement, it is not health insurance — it is an account to pay for healthcare and that is a significant savings to the City. The Police Officers Association had an arbitration award and the City received that as part of that arbitration award and Council will be getting a summary of that award later. He said both AFSCME Union Local 192 and AFSCME Union Local 1917 accepted some managerial changes that will help the management of the City operate more efficiently. Both AFSCME Union Local 192 and AFSCME Union Local 1917 accepted 6 unpaid furlough days beginning in 2012. He said the employees deserve a heavy thank you for their concern for the residents. Brosnan thanked Biga for his report and also AFSCME Union Local 1917 for voting in these changes. This contract is another piece of proof that everybody is really trying very hard to work together. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST TO ACCEPT A U.S. DEPARTMENT OF JUSTICE, JUSTICE ASSISTANCE GRANT (JAG) IN CONJUNCTION WITH WAYNE COUNTY DEPARTMENT OF HOMELAND SECURITY: Division of Police, re: to purchase law enforcement equipment, no matching funds are required. Acting Chief of Police Curtis Caid, presented the request to Council Schwartz offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. AWARD OF CONTRACT: Public Service Division, re: for sewer line chemical root control services from budgeted funds. Donald Rohraff, Superintendent, Public Service, Operations, presented the request to Council. He said they went out for bid; there was 1 bid received. They are recommending Council award a contract to Duke's Root Control, Inc., 1021 Hiawatha Blvd. West, Syracuse, NY 13204, for an amount not to exceed $30,000.00 per year. Brosnan offered the approving resolution for the Consent Agenda. 5 DIRECTION: APPROVING CONSENT 12. AWARD OF CONTRACT, AUTHORIZE ADDITIONAL APPROPRIATION AND EXPENDITURE AND REQUEST TO WAIVE FORMAL BIDDING PROCESS: Public Service Division, re: for sanitary sewer system maintenance in an amount not to exceed $350,000.00 annually from budgeted funds using recently bid sanitary sewer system maintenance contract placed on MITA (Michigan Infrastructure Transportation Association). Donald Rohraff, Superintendent, Public Service, Operations, presented the request to Council. They would like to utilize the recently bid sanitary sewer system maintenance contract from the City of Bloomfield Hills. The City of Bloomfield Hills bid was placed on MITA (Michigan Infrastructure Transportation Association) from April 8, 2011 until April 28, 2011, and was awarded on September 91 2011. The bid process produced 5 contractors who submitted proposals. All proposals were reviewed by Consulting Engineers Hubbell, Roth & Clark, Inc. (HRC). It was determined by HRC through the evaluation process that Liqui-Force Services, Inc. was the most qualified bidder and they have agreed to honor the existing City of Bloomfield Hills contract for the City of Livonia. The contract length is for three (3) years with an option to renew annually, with the mutual consent of Council and the contractor. The City has worked with Liqui-Force Services, Inc. and been very pleased with the results. It is the recommendation of the Department of Public Service Division that Council award a contract to Liqui-Force Services, Inc., 28529 Goddard Road, Suite 106, Romulus, MI 48174, in an amount not to exceed $350,000.00 per year to make the necessary repairs and infrastructure system improvements. Pastor voiced some concerns regarding not going through the formal bidding process for a contract of this size. Brosnan asked Rohraff if there are any other known competitors that he is aware of that the City would be willing to take a look at for this contract. Rohraff responded by saying yes, absolutely. He said it was his understanding that they were encouraged to use MITN to avoid recreating the wheel if they could kind of piggyback and use bids for a similar contract that another municipality may have recently bid. Brosnan said MITN has proved to be very useful in saving time and resources when bidding a job. She is just is not impressed when it only yields one qualified bidder or contractor. She thinks it might be in the best interest of the City to actually bid the project. Rohraff pointed out there were 5 bids received and reviewed and they selected Liqui-Force Services, Inc. Brosnan asked Rohraff if the work is equivalent; Rohraff replied, no, and said we were much smaller. President McCann asked Rohraff how it compared to West Bloomfield. Rohraff said it is said it is smaller. Rohraff said it picked the amount by taking into 6 account the $200,000.00 spent last year on emergency repair work and he added $150,000.00 for 2 or 3 projects they are ready to start work on. President McCann asked Rohraff who the City had in place under the old contract. Rohraff said currently under the emergency contract the City does not have a realigning company at all. President McCann asked Rohraff if the prices were comparable. He replied very comparable. Pastor asked Rohraff if the price of the West Bloomfield contract was per year or per project. Rohraff said per contract. Pastor said the City's would be bigger at $350,000.00 that would equal $1,050,000.00. Brosnan offered the resolution requesting the City go out for bid for the Consent Agenda. DIRECTION: APPROVING CONSENT President McCann said Items #13 and #14 were being switched. 13. REQUEST TO AMEND AGREEMENT WITH ORCHARD, HILTZ & MCCLIMENT; AND REQUEST TO APPROVE ADDITIONAL EXPENDITURE: Engineering Division, re: for the Newburgh Road Reconstruction Project to include pedestrian signals and ADA ramp upgrades for Newburgh Road at Churchill High School with an additional expenditure of$8,000.00 from budgeted funds. (CR #110-11) Todd Zilincik, City Engineer, presented the request to Council. He provided Council some history stating the Police Department approached the Engineering Division back in 2009 with regard to concerns with regard to a pedestrian crossing. They have applied for some Federal grant funding Schwartz offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 14. REQUEST TO DESIGNATE CONSULTANT, THROUGH THE QUALIFICATION- BASED SELECTION (QBS) PROCESS, TO PROVIDE CONSTRUCTION ENGINEERING SERVICES FOR THE CHURCHILL HIGH SCHOOL PEDESTRIAN TRAFFIC SIGNAL REPLACEMENT PROJECT; AND REQUEST TO AUTHORIZE EXPENDITURE: Engineering Division, re: with a cost not to exceed $7,602.86 from budgeted funds. Todd Zilincik, City Engineer, presented the request to Council. He said in order to proceed with this project, they are recommending that the Council award a QSS contract amendment to Orchard, Hiltz & McCliment, Inc, (OHM), 34000 Plymouth Road, Livonia, Michigan, 48150 to provide Construction Engineering Services for the Churchill High School Pedestrian Traffic Signal Replacement Project in an amount not to exceed $7,602.86, from funds budgeted for this project. 7 Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 15. REQUEST TO AWARD CONSTRUCTION ENGINEERING SERVICES FOR THE NEWBURGH ROAD IMPROVEMENT PROJECT, FIVE MILE ROAD TO LAUREL PARK DRIVE NORTH; REQUEST TO AUTHORIZE EXPENDITURE; AND REQUEST APPROVAL OF THIRD-PARTY AGREEMENT WITH MICHIGAN DEPARTMENT OF TRANSPORTATION: Engineering Division, re- in the amount of$531,876.88 from budgeted funds. (CR #110-11) Todd Zilincik, City Engineer, presented the request to Council. He said in order to proceed with this project they are recommending that the Council authorize an expenditure of $531,876.88 for Construction Engineering to Orchard, Hiltz & McCliment, Inc., 34000 Plymouth Road, Livonia, MI 48150 from funds budgeted for this project. He noted that the City is eligible for reimbursement of 81.85% of the Construction Engineering Cost. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 16. SITE PLAN PETITION: Planning Commission, re: Petition 2011-10-08-12 submitted by Masri Orthodontics in connection with a proposal to demolish an existing building and construct a new medical office building, located on the east side of Levan Road between Lyndon Avenue and Five Mile Road (15230 Levan Road) in the Northeast '/4 of Section 20. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a request to demolish an existing vacant office building and construct a new medical office building on the east side of Levan Road a couple hundred feet south of Five Mile Road. This property is just to the south of a BP gas station and is across from St. Mary Mercy Hospital. There is a Veterinary Hospital immediately to the south of the property and a Car Wash and Auto Lab to the east of the property. The property is split zoned with the northerly half zoned OS (Office Services) and the southerly half zoned C-1 (Local Business). The building straddles those zoning lines; the new construction would require approval from the Zoning Board of Appeals for the front setback, it meets the requirement for OS but not for C-1. The new proposed medical building would be two-stories in height and would have a full basement. The proposed building has a gross floor area of 15,369 square feet. The petitioner, Dr. Nawaf Masri, DDS, currently practices in Livonia at 35200 Schoolcraft Road. He would be relocating his offices to this site should this petition be approved. Access to the parking areas, which are located along the north, south and east sides of the 8 building, would be via two (2) existing drives located off Levan Road — one that would enter the south area and the other that would enter the north. A fully detailed landscape plan is included with the site plan showing that the quantity of landscaping equaling approximately 15.7% of the total site area which meets the requirement. The plan shows that the planting scheme would feature 30 arborvitae trees (pyramidal & globe), 4 Hawthorn trees and 11 spiraea shrubs, would be planted around the perimeter of the parking areas. All landscaped and sodded lawn areas would be fully irrigated. The site is deficient in parking, a total of 49 parking spaces are needed to support the overall use. The site plan shows that there will be a total of 44 parking spaces available. Since the site would be deficient 5 parking spaces, an approval of this request would be subject to the granting of a variance by the Zoning Board of Appeals. In terms of architecture of the building, the submitted elevation plan shows that the proposed building would be constructed mainly out of a combination brick and cultured stone. Limestone material would be installed along the base of the elevations, creating a four foot (4') high wainscot feature. Limestone would also be installed along the base of the windows of the second floor. Brick would cover the walls of the building and cultured stone material would be used to create dimensional corners and step- out tower elements that would extend up pass the roof line. Flat metal canopies would be installed over the windows and doors. The main entrances on the west and north elevations would be defined by a cultured stone step-out tower feature. The two-story structure would have a maximum height, as measured from the finished grade to the top edge of the parapet, of thirty-two feet (32') which meets the maximum height allowance. This medical clinic would be allowed one (1) wall sign not to exceed 78 square feet in area and a ground sign not to exceed 30 square feet in area. There was some discussion with regard to translucent signage in the windows; however, the Planning Commission deferred that signage to the Inspection Department for their review and approval. The Planning Commission has approved the plans as submitted. President McCann asked Taormina for detail pertaining to the discussion that took place during the Planning Commission's review of this plan with regard to going to 9 foot parking spaces to the rear. Taormina said there was discussion about the 9 foot parking spaces which would result in the gain of a couple of parking spaces; however, it wasn't a requirement of the Planning Commission's Resolution. Taormina said it should also be noted the plans do not indicate how the development's storm water runoff would be handled. With no type of above ground detention facility shown on the plans, it is presumed that storm water runoff would be managed by an underground filtration system. President McCann asked Taormina about more details on the translucent signage for the windows, specifically what type of material would be used and the life expectancy of the material. Taormina said it is his understanding that it is a clear vinyl material which allows light to pass through but said he believes it just sticks on the window and can be easily peeled off once it is faded. Taormina said he would defer that question to the petitioner. 9 Ghassan Abdelnour, GAV & Associates, Inc., 31471 Northwestern Highway, Suite 2, Farmington Hills, Michigan 48334 was present to answer any questions from Council on behalf of his client, Dr. Nawaf Masri. Mr. Abdelnour echoed the description Mr. Taormina gave of the proposed building adding that it would be a very attractive building with Limestone and brick. He gave some sample to Council for their review. Dr. Nawaf Masri, 35200 Schoolcraft Road, said with regard to the translucent signage, he said it is only visible at night. It is something he saw on a building in Chicago, a few years ago and mentioned it to Abdelnour and it kind of stuck with the design. He said it can be just a picture, of perhaps a smile or just a word like "Braces". He said it is more of an attractive screening. He said it was not part of the design, it was just a thought that stuck with the building. Meakin thanked Dr. Masri for his investment in the City of Livonia. Meakin said there a couple of issues with regard to the proposed plan. He asked Dr. Masri and Mr. Abdelnour if they were aware of the underground storage for detention that would have to be put in and the Zoning Board of Appeals approval that would be required with regard to the deficient parking. Mr. Abdelnour said yes they are aware of these requirements. Meakin also said any non-conforming signage would first have to be approved. Mr. Abdelnour said absolutely, whatever is required they will comply with. Meakin asked Mr. Abdelnour when they planned on starting construction. Mr. Abdelnour said once they receive all their approvals they plan to begin applying for permits and start construction in the Spring. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 17. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to update various sections of Title 15, Chapter 32 (Property Maintenance Code) to comply with the International Code Council (ICC) International Property Maintenance Code (IPMC) 2012 Edition. Alex Bishop, Director of Inspection, presented the request to Council. Bishop said this is one of their older codes which are not required to be adopted by the State of Michigan. The City last adopted the IPMC and ICC in 1997. This is merely a matter of updating the Ordinances. President McCann asked Bishop about the requirement of a certification of all HVAC equipment for commercial properties. Mr. Bishop explained that this is something they have already been doing on all rental properties and vacant and abandoned properties. President McCann was concerned that all commercial businesses would now be required to submit a certification to the City. Mr. Bishop 10 said that is not the intent. He said it is something they inspect when inspecting a rental property or vacant and abandoned property. Pastor through the Chair to Bishop asked if this would apply when doing Life and Safety Inspections. Bishop said yes it would and added that has been their practice since 2002. He said it is for the safety of the occupants of the building. He said this is not a change in policy it is more a clarification of policy. Meakin offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President McCann adjourned the Study Session at 9:07 p.m. on Monday, December 5, 2011. DATED: December 14, 2011 TERRY A. MARECKI CITY CLERK