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HomeMy WebLinkAbout2019-11-06 CITY OF LIVONIA – CITY COUNCIL MINUTES OF STUDY MEETING HELD NOVEMBER 6, 2019 Meeting was called to order at 8:00 p.m. by President Laura Toy. Present: Brian Meakin, Jim Jolly, Brandon Kritzman, Kathleen McIntyre, and Laura Toy. Absent: Scott Bahr, Cathy White. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, City Engineer; Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Mike Slater, Director of Finance; Denise Maier, Director of Human Resources; Ted Davis, Superintendent of Parks and Recreation; Doug Moore, Assistant th Superintendent of Public Service; Judge Kavanaugh, Judge of 16 District Court; and Dave Varga, Director of Administrative Services. Dave Varga, Director of Administrative Services, gave an update on Mayor Wright, stating that he had surgery about a week ago on his back and he is recuperating and doing well and moving into a rehab stage next and that he appreciates all the cards and notes he has received. AUDIENCE COMMUNICATION: None NEW BUSINESS 1. REQUEST TO DEDICATE PARK IN WASHINGTON PARK SITE CONDOMINIUMS: Enrico E. Soave, Esq., Kucyk, Soave & Fernandes, PLLC, re: for dedication of public park within Washington Park Site Condominiums as required in warranty deed. Mark Taormina, Director of Planning and Economic Development, presented this request to Council. He stated this project dates back to April of 2016, at which time Council approved the cluster site condominium for Washington Park and included in that design was an approximate ¾ acre park located at the southwest corner of Hix and Ann Arbor Trail. That land was excluded from the condominium master deed with an expectation that it would eventually be dedicated over to the City for use as a public park. We are at that point now of such dedication. Mr. Soave has been working closely with both the Planning Department as well as the Parks and Recreation Department and DPW moving towards that dedication with improvements to that park. Mr. Davis can speak to any specific issues relative to the use of that land. But this evening’s request is for Council to accept the dedication of that land as a public park. Ted Davis, Superintendent of Parks and Recreation, came to the podium and stated that they are pleased with the site and the progress that’s been made. The 2 playground has been inspected and we are satisfied with the condition of the site and we’re ready to take possession if Council approves. Councilmember Meakin offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT TH 2. APPOINTMENT OF A SUBSTITUTE MAGISTRATE FOR THE 16 DISTRICT th COURT: 16 Judicial District Court, re: Administrative Order No. 2460 appointing Kathleen L. Cole as Magistrate, pursuant to Public Act 16 of the Public Acts of 1976, MCLA Section 600.8501(2). th Judge Sean Kavanagh, Judge of the 16 District Court, presented this request to Council. He stated he is here to introduce Kathleen Cole, the next substitute back- up Magistrate, with Council’s permission and consent as required by State statute. Our current back-up Magistrate is Dennis Epler, he is planning to move up north permanently and will not be able to run in at the last minute and help us out if our current Magistrate, Barbara Scherr, is ill or for some reason can’t make it. So we’re looking ahead and Kathleen Cole is a local attorney, has been practicing for twenty-five years, so she is well experienced, and has worked for the law firm Plakas and Associates. In Westland as part of her duties she did some prosecution work over at the Westland District Court, so she has some experience on that side of the law and she does some family law for the most part now. He stated he is asking Council’s approval to get her on board. Vice President Jolly stated he has known Kathleen for at least eleven, twelve years, and served with her on the Livonia Bar Association. When I was the President, she was the Vice President and then she took over and did a better job as President than I did. He indicated he recently had the opportunity to meet with her to discuss her impending position as Magistrate of the District Court and shared with her my perspective for whatever it’s worth and told her things that I should or should not have done. Kathleen is a great addition and will fit very well in the courthouse as she has in the past practicing as an attorney. He then offered an approving resolution for the Consent Agenda. Kathleen Cole stated she is looking forward to helping serve the Court. DIRECTION: APPROVING CONSENT 3. REQUEST APPROVAL OF BUDGET ADJUSTMENTS FOR FISCAL YEAR ENDING NOVEMBER 30, 2019: Department of Finance, re: for additional contribution to the VEBA Fund, and the creation of the Building Improvement Capital Projects Funds (418). Mike Slater, Director of Finance, presented this request to Council. He stated they’ve reviewed the 2019 budget and identified areas where results were 3 favorable and funds are available for reallocation. Those areas include the LCSA Revenue, State Shared Revenue, Interest Income, Taxes, Telephone, Electric and Planning. The total available for reallocation is $1,658,000,00. What we’re recommending is to move that to different places like we did previously in the last year, splitting it half to an additional contribution to our VEBA fund, to shore up the unfunded OPEB liability and the other half to the Building Improvement Capital Projects Fund for future building improvement projects. Vice President Jolly offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO APPROVE PROPOSED DESIGN CONCEPT FOR GYMNASTICS SPACE RENOVATION AT JACK E. KIRKSEY RECREATION CENTER: Department of Parks & Recreation, re: to approve design concept and budget amount for same in an amount not to exceed $4,000,000.00. (CR 04-19) Ted Davis, Superintendent of Parks and Recreation, presented this request to Council. He stated this past January Council approved DiClimente Siegal Design to perform design services, prepare bid documents, and construction administration for the former gymnastic space renovation. Parks and Recreation staff and a committee comprised of Councilman Jolly, Councilman Meakin, two representatives from the Parks and Recreation Commission, along with a representative from City Administration, have been working with DiClimente Siegal Design on renovation plans. We are now to a point that we feel we have a good concept in place and a tentative budget and we are asking Council to approve in concept plans and a projected budget for this project. Councilmember Meakin stated that as Davis had mentioned this has been a long process and there’s still quite a bit of study that needs to be accomplished with this plan. He then offered a resolution to send it to the Committee of the Whole so it can be studied further and make the right decisions for the gymnastics area for the Rec Center. DIRECTION: REFER TO COMMITTEE OF THE WHOLE CONSENT 5. REQUEST TO APPROVE CITY OF LIVONIA AFSCME UNION LOCAL 192 CONTRACT AGREEMENT FOR THE PERIOD DECEMBER 1, 2019 THROUGH NOVEMBER 30, 2022: Civil Service Department, re: same. Denise Maier, Director of Human Resources, presented this request to Council. She stated she is very happy to be before Council seeking their approval for the Local 192 Contract, that will run from December 1, 2019 through November 30, 2022. This contract was absolutely one of the best negotiations she’s ever participated in. It was friendly, at times it was fun, it was just a really great Union Board and representative from AFSCME and it was probably the best negotiations 4 she’s ever been in. Everybody walked away feeling like it was a win/win. Some of the highlight are we modified the current promotional process for employees and what it does is give the City more flexibility in filling permanent vacancies and it gives the employees more opportunities for those vacancies, so that was one of the highlights for us. It sets the salary rates for the next three years and there are various other improvements in benefits and processes and language. Vice President Jolly stated he’s glad to hear it was a good experience and that we have this taken care of with positive results for all sides. He said this is an important time to note one of our most important jobs as a Council is to approve a negotiated contract but not to negotiate the contract themselves. That’s something that comes up quite a bit when we are having issues in different areas and different collective bargaining units, different things. But it is the Administration’s responsibility to negotiate the contracts and come to an agreement before the matter comes to us as a Council. I’m saying that mostly because I don’t know that the residents know that at large. So if there are no questions, I’ll offer an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST TO AUTHORIZE AN ADDITIONAL APPROPRIATION AND EXPENDITURE: Public Service Division, re: for the replacement of the City Hall fire panel and alarm system in the total amount of $4,793.24 based on unforeseen issues that required to be addressed following inspection by Fire Department, from budgeted funds. (CR 117-19) Doug Moore, Assistant Director of Public Works, presented this request to Council. He stated on April 8, 2019 Council approved the Department’s request to replace the City Hall Fire Alarm Panel in the alarm system. After the project was complete but before it was approved, the Fire Marshal required several items be installed or replaced that were not in the original project. Those items were three additional horn or strobe alarms, two additional notification appliances in the Annex hallway, and a needed power supply for window sash maglocks. The total amount needed to complete the funding request is $4,793.24 and the funding is available in the 2019 Unexpended Fund Balance in the Capital Project Budget. Councilmember McIntyre offered an approving resolution for the Consent Agenda. It’s clear that there were some additional items that could not have been anticipated until we had the review by the Fire Marshal and we have the funds so I would like to offer that if there are no objections for Consent. Councilmember Meakin asked Moore why we weren’t aware of the requirements of the Fire Marshal since he works for the City before this project was designed and built. 5 Moore replied that part of it was the additional horns were in the original bid but at the time they were not needed and then as he went through the system and found that a couple of the horns weren’t working as loudly as they should, he felt they needed to be replaced. Meakin then said this is what some businesses get rather upset about when you go to them to give you what you need, you put it in, and then they come back to you after it’s installed and say oh, by the way, we need this, this and this. So it’s a process that needs to be, you know, you give them the whole story up front and if we can’t do it for ourselves how do we expect the business community to do it. Just a concern about that and I don’t have any objections to the additional expense because obviously it’s needed. DIRECTION: APPROVING CONSENT 7. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Public Service Division, re: to add Chapter 22 (Illicit Discharge Elimination) to Title 13 for the regulation of non-stormwater discharges to the storm drainage system. Doug Moore, Assistant Director of Public Works, presented this request to Council. He stated as you know the City is a part of the Alliance of Rouge Communities, the ARC. In 2016 the ARC began working on the MS4 Permit, the Storm Water Permit with the State of Michigan. We still do not have an accepted permit because of the Alliance’s unique collaborative requirements they’re going through with the State, how things are being written. One of the last things that needs to be done for all of the communities is the writing and the acceptance of this IDE Ordinance, Illicit Discharge Elimination plan. The Alliance’s Executive Director, ECT, wrote the language, sent it to the State, the State accepted the language, sent it back to the communities and the communities have disbursed it to their law departments. Our Law Department reviewed it, got it into the proper form, we submitted it to the State to make sure it was okay and they have accepted it so now we’re asking Council to approve it. Councilmember Kritzman offered First Reading on this item. DIRECTION: APPROVING CONSENT 8. REQUEST TO APPROVE 2020 ROAD REPAIR PROGRAM: Engineering Division, re: as reviewed by the Citizens Advisory Committee on roads for the eighth year of the ten-year road paving millage approved by Livonia residents. Todd Zilincik, City Engineer, presented this request to Council. He stated it’s November, it’s that time of year to start planning for next year’s road repairs as we get ready for winter maintenance. We had the Citizens Advisory meet twice, thth previously on September 25, and again on October 16 in which we heard public comments, everyone was invited. We had fourteen residents show up and then 6 the Committee was able to hear their concerns for the roads and answer any questions they may have and give an anticipated timetable for those repairs. As you know the City staff will be performing the PASER ratings in 2020 for 370 miles, we do it every two years, so again we’ll have an updated information for all 36 sections in the City of Livonia to be posted on the website probably late next fall of 2020. With that we recommended approximately 63 segments to be repaired and then that included a budget of 8.9 million, of which 4.4 is slated for concrete, 3.75 for asphalt and $750,000 for concrete maintenance/selective slab repairs based on the 2020 budget approval. That equates to 54% of Recons, 33% Rehabs, and 13% Maintenance. As you know we can’t fix the worst first otherwise we would go broke and it would take forever to get caught up. So we try to do a mix of fixes obviously for asset management purposes. With that, the Citizens Advisory had met on those segments that were slated for repair and are requesting your approval for those 63 segments. Again, it’s going to be based on the funding available, the final design and bid prices when we bid the projects out for asphalt and concrete in February of 2020. The only segment I’d like to bring attention to for Wayne County next year that we have on board is going to be Merriman Road from Schoolcraft to Plymouth, and we recently received plans for the resurfacing at Seven Mile and Inkster today. So, we’re looking forward to your assistance to approve the Road Repair Program, which we had Scott Lockwood from AEW in attendance that evening, along with Mark Locke from OHM Advisors, and Karl Kevra here who shortly will present a resolution over and above the one that was approved that evening in which the first one, again the Citizens Advisory, you see the attachment there, approved these segments, again, based on available funding for those 63 segments to have completed. We anticipate approximately fourteen miles, thereabouts, based on 370 miles of roadway to get replaced. With that, looking for your approval, based on 8.9 million dollars’ worth of approved budget to do those repairs and I’ll let Karl present the resolution for the other ones we want to bring light to on the Wayne County roadways. As you’re all aware, we were very fortunate to have Wayne County come in this year before the Vietnam Memorial Wall to do Merriman at Five Mile so we appreciate their efforts to get that area replaced so it’s safe for our motorists and applaud their efforts again, Warren Evans and their staff to get that completed. With that I’ll let Karl Kevra come to the podium, the Chairman of the Citizens Advisory Committee, and briefly explain the resolution. Karl Kevra, Chairman of the Citizens Advisory Committee, came to the podium. He thanked the Council for whatever input you were able to, as Todd mentioned, help push along that repair down on Merriman near Five Mile and then we’ve got a few other resolutions that we’d like you to help us for for this year. Number one, we’d like to bring to attention the reconstructing of Farmington Road from Plymouth Road to Orangelawn, including widening the northbound lanes to allow for a dedicated right turn and a thru lane. 7 Number two, we’d like to bring to attention concrete patching or resurfacing on Seven Mile Road from Newburgh Road to I-75. Number three, the resurfacing of Farmington Road between Six Mile to Seven Mile Road. Number four, the resurfacing of the intersections at westbound Schoolcraft at Farmington, westbound Schoolcraft at Middlebelt Road. Number five, the resurfacing of the intersection of Middlebelt and Five Mile Road, I think we can all agree on that one. Number six, the resurfacing of the southeast corner at Farmington Road and Five Mile. President Toy brought up Woodring Street, where the new urology office is located, asked if there’s anything that can be done with that street even though it’s a private one. City Attorney Bernier replied that that did come up at a meeting and that he and Jerome Hanna had a conversation with the folks from the urology office, and unfortunately the half of the street that is not paved, isn’t their property, it’s across the street, they’re going to have conversations with the person across the street about repairing that or fixing that because in our opinion it’s a safety hazard and it also presents a problem to the urology office because it’s an access road and we were made promises by some people that weren’t kept up. Unfortunately, nothing is going to happen until the spring because the asphalt factory shut down th November 15. But we are actively involved with that and Jerome Hanna and I are trying to take care of that. Councilmember Meakin asked through the Chair to take the resolution that they offered here and pass it along to our County Commissioners, we can start the discussion of what our priorities are in the City to repair or replace County roads. These are all County roads that they suggested that are in desperate need of repair. You know because if they were our responsibilities, we’d take care of them. But we need to get this into their hands so that it can get on to theirs because sometimes it takes a two to three year process to get it on to their schedule. I think it’s important that we pass this along to both of our County Commissioners. Vice President Jolly stated looking at the names of all the people here at the bottom of this resolution, I think it’s important to thank them all and you see some names that care a whole lot about the City and put a lot of work and effort into this process and a whole lot of people don’t necessarily know that they’re even doing the work. So we do appreciate it and I think as we all look at the names here we can tell that we know almost each and every one of these people really cares greatly about the City and this is the way that they chose to serve and they do it well. 8 City Attorney Bernier asked to go back to Item Number 7, that he wants to make sure he understood the motion by Councilmember Kritzman, he took that to mean it was an approving resolution to have a First Reading at the next Regular meeting and Kritzman replied that was his intent. Councilmember Meakin offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REQUEST TO AMEND THE ENGINEERING CONTRACT THROUGH THE QUALIFICATION BASED SELECTION (QBS) PROCESS WITH ANDERSON, ECKSTEIN AND WESTRICK, INC., FOR DESIGN AND CONSTRUCTION ENGINEERING SERVICES FOR THE 2020 CONCRETE ROAD PROGRAM (CONTRACT 20-C): Engineering Division, re: same. (CR 365-16) Todd Zilincik, City Engineer, presented this request to Council. In approving the previous item that allows us to continue on with these items that are critical, again, get the design ready for our bidding to get the best prices for the City and its taxpayers for February of next year. With that, Scott Lockwood from AEW has been instrumental over the last eleven years for this program, in getting our concrete work completed. We’re looking for a budget of 4.4 million dollars under which they will help assist us in getting these roads reconstructed with their design, and is asking Council’s approval in the amount of $189,200 based on the QBS Contract for their services, professional services for design maintenance and reconstruct for Contract 20-C. Councilmember Kritzman stated this has been a very successful program and it’s great to see us continuing to move forward with it and Anderson, Eckstein and Westrick obviously have been very involved in it over the years and they’ve done a very good job assisting our Engineering Department and it’s my pleasure to offer an approving resolution on this for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST TO AMEND THE ENGINEERING CONTRACT THROUGH THE QUALIFICATION BASED SELECTION (QBS) PROCESS WITH ANDERSON, ECKSTEIN AND WESTRICK, INC. FOR DESIGN ENGINEERING SERVICES FOR THE 2020 CONCRETE ROAD MAINTENANCE/SELECTIVE SLAB PROGRAM (CONTRACT 20-J): Engineering Division, re: same. (CR 365-16) Todd Zilincik, City Engineer, presented this request to Council. He stated this item involves approximately $750,000 worth of work in which we go out to areas where the trees have heaved up the roadway causing issues with drainage along that corridor or certain segments of streets, to remove those trees and then try to avoid damage to our City plows and getting proper drainage back to that street so people don’t have ponding water on their driveways. Coupled with that we have 9 approximately 25 locations that are included, that get called into the DPW or Engineering that are critical to fix that are heaved up or it could be something that’s detrimental to that area of the neighborhoods, again to make them safe for our motorists and for obviously our garbage trucks, the Police and Fire. So we’re looking for your approval to have AEW go on to complete the designs by the QBS Contract, based on the contract amount of $750,000, the design amount is $39,750, and again I’m looking forward to working with them. This will be the second year we’ve done this to increase the amount of repairs we can do which again will make a big difference in the neighborhoods throughout the City of Livonia. Vice President Jolly offered an approving resolution in regard to this matter and that Mr. Lockwood does a great job for being a Brother Rice guy, despite where he came from, he really adds a lot of value to the City and I’ll ask that it be put on the Consent Agenda. Scott Lockwood, from Anderson, Eckstein and Westrick, came to the podium and stated that AEW is very proud to have been part of this program for the last eleven years and certainly look forward to being part of it in 2020. This is the showcase road millage program for the region, there is no question. Again, I’ve said it before but we work in 32 other municipalities and none of them as great of a local road program as the City of Livonia does and has since 2002 and they are very proud to have been a part of it and work with Todd and his great engineering team as well. Councilmember McIntyre said she’s made this comment before about a number of our major partners, vendor partners, and a lot of our engineering projects. One of the ways they show their respect is they send their most senior people here even for things that are fairly routine, I mean they’re big contracts but they’re routine. We know each other well. I know that you travel a considerable distance to make the meetings and it’s just appreciated and it’s always noted. And being here and making yourself available for questions, for any concerns is appreciated and I think just a reflect of how your firm operates and how you do business, so thank you, Mr. Lockwood. Lockwood said thank you and that they feel likewise. President Toy thanked Lockwood for his hard work. DIRECTION: APPROVING CONSENT 11. REQUEST TO AMEND THE ENGINEERING CONTRACT THROUGH THE QUALIFICATION BASED SELECTION (QBS) PROCESS WITH OHM ADVISORS FOR THE DESIGN ENGINEERING SERVICES FOR THE 2020 ASPHALT ROAD PROGRAM: Engineering Division, re: same. (CR 365-16) 10 Todd Zilincik, City Engineer, presented this request to Council. He stated the last item here on his list is the 2020 Asphalt Repair Program, it’s considered Contract 20-A. OHM has been involved since the infancy of this whole program, since 2002 with the millage being passed. They have been a great asset to the City day in and day out with the Road Program, updating our maps, keeping us up to date on all the improvements and helping us out through any opportunities we get through Federal Aid, design or construction engineering. So, with that we’re looking for Council’s approval based on 3.75 million dollars’ worth of work to be done for the next year’s Asphalt Program, to have them provide design services for the City in the amount of $161,250. Again, Mark Lock is with OHM for thirty years here, he’s been instrumental since the 2002 program and we rely on him heavily for doing an excellent job to get these roads done, repaired, in a timely fashion so we can all enjoy them starting in May and getting done by September, sometimes we run a little bit in October. But we appreciate all their efforts and the contractors that do the work for the City. Councilmember Meakin offered an approving resolution for the Consent Agenda. OHM Advisors does a lot of projects for us here in the City and also have their national headquarters here in Livonia. Mark Lock, OHM Advisors, came to the podium and stated he’d like to reiterate what Lockwood said. You know we do this program; this is my eighteenth year of doing this program for the City and we don’t take it lightly. Every year when we do these streets, we do miles of streets in front of hundreds of people’s homes and while this program may be out of sight and out of mind for some people if the work is not being done in front of your house. When it is done in front of your house it is a big inconvenience and we realize that so we work hard I think to try to appease all the residents and each person has an individual problem that we try to work out and make right for all the residents in the City. So it is a challenge every year sometimes to make this all work and make everyone happy and we’re just glad to be part of it. Councilmember McIntyre said it’s nice to have both Mark Lock and Scott Lockwood here tonight and also clear up the confusion that always exists between Scott Lockwood is AEW and Mark Lock of OHM, you are not indeed the same person or you’re not Scott Lock and Mark Lockwood, so thank you. DIRECTION: APPROVING CONSENT 12. REQUEST TO APPROVE FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF LIVONIA AND AMERICAN TOWER CORPORATION (“ATC”) FOR CELL TOWER AT WHISPERING WILLOWS GOLF COURSE: Department of Law, re: for increased rent and signing bonus to extend current lease agreement located at Whispering Willows Golf Course. (CR 526-96) 11 Paul Bernier, City Attorney, presented this request to Council. He stated this partially came from Finance. There is a renegotiation of the lease, we actually got a great deal on it. Extending the lease, the price increased, and we also got a signing bonus of $275,000. There’s additional fees that are kicked in if there are co-locaters on the tower so we think it’s a great deal and Mr. Slater negotiated it. Vice President Jolly offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 13. PROPOSED 2020 CITY COUNCIL MEETING SCHEDULE: City Council President Laura M. Toy, re: in accordance with the provisions of the Open Meetings Act, 1976 P.A. 267, as amended. President Laura Toy presented this request to Council. She stated this is the meeting time and schedule for the Study Meetings and Regular Meetings starting th in January 2020 through December 14 of 2020. Councilmember Kritzman offered an approving resolution for the Consent Agenda. Councilmember McIntyre asked for it to go on the Regular Agenda so they could have time to look at it for conflicts. Vice President Jolly stated he did contact President Toy and ask that we not have a meeting the week that Livonia Public Schools has spring break and the like of that and she was very accommodating. DIRECTION: APPROVING REGULAR NEW BUSINESS: AUDIENCE COMMUNICATION None As there were no further questions or comments, President Toy adjourned the Study Session at 8:40 p.m. on Wednesday, November 6, 2019. th For the 1,885 Regular Meeting of November 18, 2019 DATED: November 14, 2019 SUSAN M. NASH, CITY CLERK