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HomeMy WebLinkAboutCOUNCIL STUDY - 2008-03-03 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD MARCH 3, 2008 Meeting was called to order at 8:00 p.m. Present: Terry Godfroid-Marecki, Joe Laura, Brian Meakin, Don Knapp, and Laura Toy. Absent: James McCann and Tom Robinson. Elected and appointed officials present: Mayor Jack Kirksey; Sean Kavanagh, City Attorney; Captain Richard Cramb, Police Department; Karen Kapchonick, Superintendent Parks & Recreation; James Inglis, Housing Director; Michael Slater, Director of Finance; Jim Zoumbaris, City Engineer (Operations); Kevin Roney, City Engineer (Utilities & Engineering); Mark Taormina, City Planner; and Maureen Cosgrove, Assistant City Clerk. AUDIENCE COMMUNICATION: None. Mayor Jack Kirksey commended the police officers who apprehended the person who committed the arson acts at several Livonia schools. 45,000 copies of the Spring Newsletter will be mailed out on March 4, 2008 to residents. The Mayor requested that the poll survey in the center of the newsletter or the website be filled out and returned. On the 4" policy of snow removal, this happened once in 2007 and twice in 2008. This year, it is difficult to find enough salt to finish the season at a reasonable price. If the City had plowed every time it snowed, it would have been cost prohibitive. The Mayor stated that the Livonia 6 oil well has a very rich reserve at Eight Mile Road and Haggerty which is good news and beneficial for Livonia. It was mentioned that the Mayor spoke on WJR this morning about the oil fields. NEW BUSINESS: 1. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Louis Fox, Show Chairman, Livonia Wood Carvers Club, re: to advertise their Annual Carving Show to be held at Monaghan Knights of Columbus, 19801 Farmington Road, on Saturday, August 16, 2008, from 11:00 a.m. to 5:00 p.m. Louis Fox, 21900 Farmington Road, #210, Farmington, MI 48336, was present to request displaying 54 signs at various locations in the City. This is their 34th annual show for the Livonia Wood Carvers Club and will be held at Monaghan Knights of Columbus on Farmington Road on Saturday, August 16, 2008. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 2 2. 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, 2007 to June 30, 2008, with all Credits to be used for the Livonia Community Transit Program. Sean Kavanagh stated this is the same contract every year through SMART. This is a pass-through credit of$94,491.00 with no change. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST FOR ADDITIONAL APPROPRIATION FROM FORFEITURE FUNDS AND AUTHORIZATION TO WAIVE SEALED BID PROCESS TO PURCHASE A DIGITAL INTELLIGENCE FORENSIC FILE SERVER: Division of Police, re. same. Captain Richard Cramb, representing the Police Department, stated that over the last three (3) years their investigator assigned to the Michigan State Police Internet Crimes Against Children (ICAC) unit has evolved into one of the most trained and specialized computer forensic investigators within the state of Michigan. As his expertise has expanded, so has his need for more advanced and progressive technology hardware to keep up with his training and the demand for his new investigative skills. His skills have become extremely valuable to Livonia's Intelligence Bureau during their investigations. The Intelligence Bureau seizes any piece of technology that holds or stores data including computers, PDA's, cell phones, cameras, floppies, CD Rom's, etc. The first person they contact is our investigator. Current procedure for processing cases involving computer forensic work requires the Police Department to purchase individual hard drives until the case is resolved and beyond the appeals period which can take up to several years. The possibility of hard drives crashing or being damaged from handling exists in the current storage situation, but we have been fortunate that only one (1) hard drive has crashed so far in the history of the ICAC unit; however, hundreds of hours of investigative time was lost and all the evidence from the case. With this FRED-C server system, the storage is in a RAID that has redundancy built into it, so if you lose one disk, you can recover the lost information by replacing the damaged disk. If the entire RAID crashed from fire or other disaster, you have a robotic tape backup system that also maintains a copy of the evidence data from the RAID. This is a very sound computer forensic server with all the unique requirements for a computer forensic laboratory. The purchase of this digital server is the next logical step, as their workload continues to grow and the amount and type of work increases. Digital evidence, whether it comes from computers, cell phones or other storage media such as thumb drives and camera media, is quickly becoming associated with almost every type of case their department is involved with. 3 Eventually, these cases will only be able to be handled by large capacity forensic servers. Digital Intelligence, Inc. is the single source vendor in the whole country for the purchase. Captain Cramb was congratulated for his up-coming retirement after 36 years of service with the Livonia Police Department. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 4. AWARD OF BID: Department of Parks and Recreation, re: for the construction of a 36' X 44' shelter at Rotary Park from budgeted funds. Karen Kapchonick, Superintendent of Parks & Recreation, stated that they are recommending that low bidder Bedzyk Bros., Inc., Livonia, MI, be awarded the contract for the construction of the shelter at Rotary Park for $31,500.00 from budgeted funds. The shelter is to be located on the north side of the drive where Pavilion #1 and #2 can be seen, but closer to the ball diamonds (the scout area), and it currently has a cement slab and four (4) picnic tables. The shelter would be identical to the pavilion at Devonaire Woods Park. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 5. AWARD OF BID: Housing Commission, re: replace 105 apartment dishwashers at Newburgh Village from budgeted funds. James Inglis, Housing Director, stated that they received six (6) bids for replacing the original dishwashers which were installed in 1992 and need to be replaced because of increased failures. Fifteen (15) have already been replaced. They have sufficient funds to replace the 105 Frigidaire dishwashers. This request is for equipment only, and the Housing Commission personnel would do all the installation. They are requesting that low bidder Lake Region, Inc., P. O. Box 151, Southfield, MI 48037, be awarded the contract for a total not to exceed $28,245.00 which amounts to $269.00 per dishwasher. Funds do not come from general funds, but come out of the Housing Commission funds. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 6. CITY INVESTMENT POLICY: Department of Finance, re: the Annual Report for the fiscal year ending November 30, 2007 on the investment activity of City funds. (CR 820-98) 4 Michael Slater, Director of Finance, stated that this is the annual report logging results of investment activity for the Fiscal Year ending November 30, 2007. This includes activities of our operational funds which is everything other than the investments which are not included. Our investments, according to the State of Michigan law (Michigan Public Act 20), averaged a total amount of just over $97,000,000. Total interest was $5.6 million for a rate of return of 5.76%. That exceeded the benchmark of 5.63% which is the return on a six-month Treasury Bill. Assets were invested in pooled cash, CD's, Treasury and Agency Securities, and they invest these funds to meet an objective of safety, liquidity, risk management and return on investment. Returns are the highest since 2000. From 2000 through 2004, the rate went from around 5-1/2% down to between 1% and 1.4%. Since then, it has been steadily climbing. In 2008, they expect 2% less, as they expect rates are going back down. At the direction of the Chair, this item was received and filed. DIRECTION: RECEIVE & FILE CONSENT 7. REQUEST TO APPROVE FINAL BUDGET ADJUSTMENTS FOR THE FISCAL YEAR ENDING NOVEMBER 30, 2007: Department of Finance, re: same. Michael Slater, Director of Finance, stated that the list of final budget adjustments is to ensure compliance with the State of Michigan Budget Act. They adjust the budget for loan proceeds and capital costs that were originally included in the budget for HVAC replacement which did not occur in 2007. They are adjusting for various salary and wage line items to reflect the cost of accrued wage settlements and a budget adjustment for fee revenues and costs of the Economic Development Corporation. At the direction of the Chair, this item was received and filed. DIRECTION: RECEIVE & FILE CONSENT 8. AWARD OF CONTRACT: Public Service Division, re: for the 2008 Tree and Stump Removal Program from budgeted funds. Jim Zoumbaris, City Engineer (Operations), stated that they sent out 44 bid invitations for the tree and stump removal. Seven (7) bids were received. The lowest bidder (Norton's Tree Service) was very slow in returning the documentation, raised the price $15,000.00, and the bid was rejected because they did not meet the requirements. They are asking that the second lowest bidder, Branch Tree Service, be awarded the contract for the 2008 Tree and Stump Removal Program at $75,055.00. They have done a lot of work for the City in the past and have done a very good job. Laura offered the approving resolution on the Consent Agenda. 5 DIRECTION: APPROVING CONSENT 9. ADOPTION OF A RESOLUTION PLACING SPECIAL ASSESSMENTS UPON REFERENCED PROPERTIES WHOSE OWNERS HAVE NOT PAID CHARGES CONNECTED WITH THE 2007 SIDEWALK PROGRAM, CONTRACT 07-G, SINGLE LOT ASSESSMENTS: Engineering Division, re: same. (CR 124-07) Kevin Roney, City Engineer (Utilities & Engineering), stated that last year's Sidewalk Program (2007) is being billed at this time. There has to be an assessment hearing, and the Council has to approve sending out the bills. This is a routine part of the process that is undertaken every year. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST TO APPROVE ENGINEERING CONSULTANT: Engineering Division, re: to produce project specifications that will be used to obtain bids for the Newburgh Road Rehabilitation (1-96 Service Drive to Five Mile Road) and the addition of a right turn lane (Westbound Five Mile Road onto Northbound Newburgh Road), which will receive Federal construction cost participation. Kevin Roney, City Engineer (Utilities & Engineering), stated that this represents combining two (2) separate jobs into one, and both jobs entail Federal Grant funding. The one job is for a right turn lane to go from westbound Five Mile onto northbound Newburgh, and they received a $57,600.00 Federal Grant related to air pollution. The other job is the Newburgh Road Rehabilitation from the expressway (1-96) up to Five Mile Road, and Wayne County has earmarked $970,000.00. The idea is to combine them into one (1) job that could be bid this year so that we can obligate funds and then start Spring 2009 construction. To get the project underway, they need the consultant first to do the design and construction administration, and act as an inspection construction manager. They asked three (3) reputable firms to submit pricing, and Hubbell, Roth and Clark, Inc. was the lowest of the three firms at $166,779.68, so they are requesting approval for this firm. The cost would be budgeted from the Major Roads Fund. Orchard, Hiltz & McCliment, Inc. (OHM) was the highest bidder at $311,416.00, as they added a second turn lane from northbound Newburgh onto eastbound Five Mile Road into their bid. Meakin has no problem with any of the three (3) bidders, but he has some issues on the specifications of the project. All three (3) companies understood what specifications they needed to submit. Meakin requested that this go to the Committee of the Whole to talk more about the specifications needed and have the President bring it out as quickly as possible because of timelines. Meakin wanted to make sure all three (3) companies are bidding on the same specifications. 6 Roney said that because of the time constraints, they have to get the job designed, then they have to have a Grade Inspection Meeting, and after that, the State would obligate the $57,600.00. He would like to see the Committee of the Whole meeting this month. It would require the Mayor's approval to get on the Regular Council Meeting on March 12t", otherwise the C.O.W. meeting could be held before the Regular Council Meeting on the 31St. Two dates were heard when the State would need to obligate the money — early August or September. The Grade Inspection Meeting would have to occur in late April or early May. Dan Mitchell of Hubbell, Roth and Clark, Inc. was present and said that with Federal funded projects, you have to go through the MDOT Local Agency Program that has a set schedule of a series of tasks to be completed in the process. The project has to be met by the September 5t" deadline. If there is a lapse, the funds go back to a general pot, and if someone else has another project, then the priority rating is gone. Delaying the project would risk the initial grant of $57,600.00, but not the $970,000.00. The Grade Inspection package has to be complete by April 25t". It is a very aggressive schedule and should be approved at the next Council Meeting on March 12t" Meakin offered the resolution referring to the Committee of the Whole for its report and recommendation for the Regular Agenda. Knapp offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 11. REQUEST TO APPROVE SELECTION OF MECHANICAL ENGINEERING CONSULTANT: Engineering Division, re: City Hall heating, ventilation and air conditioning (HVAC) replacement project, excluding the annex. (CR 120-07 and CR 201-07) Kevin Roney, City Engineer (Utilities & Engineering), stated that the City Hall was built in 1978, and the heating equipment is in its original housing and is at the end of its useful life. The last time any significant HVAC money was spent by the City was ten (10) years ago which was $3.6 million on eighteen (18) buildings. City Hall had a couple of modifications on the roof and extensive insulation which helped somewhat on the first floor, but even after that, the building has real challenges on extremely hot or cold days, especially with people who have window offices. Realizing it was time to replace the old equipment, it was found to be a big and expensive project. They would like to hire a mechanical engineering consultant to assist in studying the problems and submit a study. Twelve (12) firms expressed interest. Two (2) firms ended up being in consideration — NSA, Inc. and DiClemente Siegel Design Inc. for the study. These study reports were submitted and reviewed by Patrick Hogan, Jim Zoumbaris, Michael Slater, Steve Makie and Kevin Roney. At the time, the two (2) firms were asked to modify their quoted fees. NSA, Inc. increased their costs from 4% to 5%, and DiClemente decreased theirs from 8% down to 6.9%. 7 The review of the studies showed that the DiClemente study far surpassed NSA on the level of effort put into the study and a good plan to move forward on the project. They recommend hiring DiClemente Siegel to do the design and the construction process. There are funds set aside for the design and study, and the construction phase cost will be forwarded after the construction bids are received. Mike Slater felt that the estimated cost would be around $3.2 million to around $4.6 million which is significant. The intent for funding would be to borrow money to pay off over time. The work that was done two (2) years ago was paid off in 2007. At that time, units were replaced on the roof. In order to fix the problems and make the building more energy efficient, it would have to include rezoning, re-ducting, changing the air flow patterns, and other things to make the building more comfortable. There will be disruption, but they would like to do a portion of the building at a time which would take anywhere between nine (9) and twelve (12) months to complete. It was felt that this would cut down most of the use of space heaters and fans in the building. Payment to DiClemente Siegel would be 6.9% of the estimated construction costs. After construction bids are received, they would adjust the fee accordingly. It was also stated that they discussed extending some of the upper floors and closing them off, but it was an expensive and major undertaking issue. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 12. WAIVER PETITION: Planning Commission, re: Petition 2008-01-02-02 submitted by JCD III, L.L.C. requesting approval to operate a full service restaurant with outdoor seating (Jimmy John's Gourmet Sandwiches) located on the south side of Eight Mile Road between Farmington Road and Shadyside Road (33177 Eight Mile Road), in the Northwest '/4 of Section 3. Mark Taormina, City Planner, stated that Jimmy John's would be located at Eight Mile Place and consist of four (4) new commercial buildings which includes Walgreen's, Taco Bell, and a multi-tenant retail building where the proposed Jimmy John's would be located. Tim Horton's restaurant would be located at the corner of Eight Mile Road and Shadyside. This is zoned C-2 (General Business). The retail building is 7,000 square feet. Jimmy John's would occupy 1,745 square feet in the westerly end, and Leo's Coney Island would occupy 3,700 square feet in the easterly end. The middle unit has not yet been determined. Jimmy John's would have a total of 56 seats including 52 interior and 4 outdoor seats. There would be two (2) small tables with two (2) seats on the sidewalk area, but there is only 5 feet clearance. Parking is adequate. There would be minor exterior modifications around the windows and a reduction in the number of doors at the front. The signage package is conforming. There would be four (4) full-service restaurants at Eight Mile Place—Taco Bell (which is furthest to the west and just east of Walgreen's), then Leo's Coney Island, and Jimmy John's. Tim Horton's would be at the corner of Eight Mile Road and Shadyside. There is room for one (1) more tenant in Retail Building "C". 8 Petitioner Ben Tiseo, 19815 Farmington Road, stated there will be other tenants, and they are waiting for letters of intent from two (2) other possible tenants which are not restaurants. Cheryl Doelker of JCD III, L.L.C., 19369 Fairlane Court, stated that the hours of Jimmy John's would be 10:00 a.m. to 9:00 p.m. seven (7) days a week. There is a Jimmy John's on Six Mile Road near Newburgh Road, and one on Plymouth Road near Farmington Road. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 13. WAIVER PETITION: Planning Commission, re: Petition 2008-01-02-03 submitted by Leo's Coney Island requesting approval to operate a full service restaurant located on the south side of Eight Mile Road between Farmington Road and Shadyside Road (33161 Eight Mile Road), in the Northwest '/4 of Section 3. Mark Taormina, City Planner, stated that the Leo's Coney Island would occupy 3,700 square feet in the same building as Jimmy John's on the easterly end with 54 feet of frontage. They propose 130 interior seats with no outdoor seating. Parking is adequate to handle the proposed restaurant, and the fully-enclosed dumpsters would be located at the rear of the building. The proposed signage is less than Ordinance allows. Ben Tiseo, 19815 Farmington Road, stated that the hours of Leo's Coney Island would be 9:00 a.m. to 10:00 p.m. similar to Jimmy John's. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 14. SITE PLAN PETITION: Planning Commission, re: Petition 2008-01-08-01 submitted by Marycrest Manor in connection with an expansion of an elderly housing facility that would include the construction of a new three-story independent living complex and a new one-story assisted living facility on property located on the west side of Middlebelt Road between Five Mile Road and Wentworth Avenue (15475 and 15495 Middlebelt Road), in the Southeast 1/4 of Section 14. Mark Taormina, City Planner, stated that Marycrest Manor is located approximately 600 feet north of Five Mile Road consisting of two (2) parcels with a total area of 9.1 acres. The larger 5.7 acre southerly parcel contains the existing 55-bed nursing facility. The northerly 3.4 acres contains an existing single-family residential structure. This petition is to expand the existing 9 Marycrest facility, adding a new three-story independent living facility with 60 units on the north side of the site and a one-story assisted living facility containing 18 one-bedroom units along the west side of the site perpendicular to the independent living facility. A small addition would be constructed to the front (east) elevation of the existing nursing facility. The interior would include a lobby, sunroom, small business office, and conference room. Extending out from the new entrance would be a Porte-cochere providing an overhanging canopy to drop off persons to the facility. On the west side of the facility, an addition is proposed for a new kitchen and dining room to serve the residents of the entire complex. When complete, all the buildings will be inter-connected. Marycrest Manor is proposing to rezone the parcels to R-9-1 to accommodate the expansion. They are allowed a four-story building, but they are building a three- story building. Setbacks comply with zoning ordinances for the R-9 district. The independent living facility will be brick, and the second and third stories will be a concrete siding board-type material that has a permanently stained color imbedded in the material. Parking would be provided in lots located in front of the existing nursing home as well as the other main buildings. 176 parking spaces are required, and 180 spaces are proposed. All surface parking spaces would be ten (10) feet by twenty (20) feet. There would be underground parking provided for the residents. The site plan identifies where the storm water detention elements will be placed. There would be two (2) basins—one on the southeasterly corner of the site as well as a second smaller basin on the northeasterly corner of the site. With regard to landscaping, they plan to use most of the existing trees with selected clearing for the new buildings. There would be gardens placed strategically between the buildings as well as along the front on Middlebelt Road and the preservation of the existing wooded area along the southwest and westerly portions of the site as well as the northerly portions. An asphalt pathway will be along the back for residents, and concrete pavers added to the borders of the path for emergency vehicles. Ron Spear, Project Manager with RWS Development, L.L.C., was present and stated that eventually they possibly will enclose the center court, but there are no present plans. Meakin offered the approving resolution on the Regular Agenda because of the need for rezoning. DIRECTION: APPROVING REGULAR 10 AUDIENCE COMMUNICATION: None. As there were no further questions or comments, Council President Toy adjourned the Study Session at 9:25 p.m. on Monday, March 3, 2008. DATED: March 10, 2008 LINDA GRIMSBY, CITY CLERK