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HomeMy WebLinkAboutCOUNCIL STUDY - 2014-08-06 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD AUGUST 6, 2014 Meeting was called to order at 8:00 p.m. by President Brosnan. Present: Brian Meakin, Laura Toy, Lynda Scheel, Susan Nash, John Pastor, and Maureen Miller Brosnan. Absent: Brandon Kritzman. 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 Mayor Jack Kirksey.. President Brosnan announced there is new data on Item #7. AUDIENCE COMMUNICATION: Christopher Martin, 12275 Inkster, expressed his concerns regarding political signs on school property. City Clerk Marecki said the signs at the schools were not illegal, they were within 100 feet of the polls and were in adherence. Toy said the laws pertaining to political signs have changed slightly and the City Clerk and other candidates on the ballot were in adherence of the law. Ron Riggio, 37204 Bretton, expressed his concerns regarding runoff water from the Golf Course coming onto his personal property and the sidewalk and right-of-way in front of his home and the lack of a curb. He noted that he has brought these issues before Council previously and said he is not satisfied with the City's response to his request for help with the matter. President Brosnan said she would refer this matter to the Engineering Department. Todd Zilincik, City Engineer, said they did go out and assess Mr. Riggio's property. He said they did televise the sewer on his property to make sure there were no blockages to exacerbate the situation. He said they are in the second year of their renewal millage and noted that the curb would be replaced at the appropriate time. He said they have eight (8) more years to do some repairs. He said Mr. Riggio may have to call DPW to do a temporary fix until the permanent fix can be done. He said, also, they are constantly checking with the Golf Course to check the rear of the property to make sure that area is clean to keep the debris from clogging that area up and causing a flooding issue with Mr. Riggio and his neighbor. President Brosnan asked Zilincik if he could do Mr. Riggio the favor of contacting DPW to see what can be done temporarily to help improve the matter. Zilincik said he would be glad to contact DPW. 2 NEW BUSINESS 1. BLOCK PARTY: Caren Shatter, re: to be held on Saturday, September 6, 2014, from 1:00 p.m. to 10:00 p.m. on Sussex Street, between Fitzgerald and Sherwood, with a rain date of Sunday, September 7, 2014. Caren Shatter, 15642 Sussex, was present to answer any questions from Council. She indicated that this is their 17th year of conducting block parties and also it is the 50th anniversary since the street was built in 1964. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Robert Telep, re: to be held on Saturday, September 27, 2014, from 2:00 p.m. to 8:00 p.m. on Sunnydale, at the cul-de-sac intersection, between Richfield and Huff, with no rain date scheduled. Robert Telep, 37562 Southampton, was present to answer any questions from Council. He said this is their 2nd annual block party and noted the 1St block party was a huge success. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. BLOCK PARTY: Sharlene Dostal, re: to be held on Saturday, September 6, 2014, from 3:00 p.m. to 10:00 p.m. on Woodring Street, between West Chicago and Orangelawn, with no rain date scheduled. Sharlene Dostal, 9614 Woodring, was present to answer any questions Council may have. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO PURCHASE CITY OWNED PROPERTY: Dale R. Donahue, for the property located at 27560 Joy Road (Parcel #144-99-0161-000) in order to erect a garage and maintain the property. Dale Donahue, 27600 Joy Road, presented his request to Council. He said his current driveway is not sufficient for his two vehicles. He said he discovered the City owns the property adjacent to him and he would like to purchase the property from the City and erect a garage on it to store his vehicles. 3 Toy offered the approving resolution referring the matter to the Administration for its Report and Recommendation for the Consent Agenda. DIRECTION: REFER TO ADMINISTRATION CONSENT FOR ITS REPORT & RECOMMENDATION 5. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Claude Poynter, Superior Development, Inc., re: for the single family home located at 20180 Mayfield. Todd Zilincik, City Engineer, said they have no problem with waiving the sidewalk requirement. Pastor said he knows the petitioner and he did tell Pastor he was unable to make the meeting and Pastor told him that it would be alright if he couldn't make the meeting. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Steven Johnson, re- in order to hold a marriage celebration with a live band and recorded music, at his home located at 18240 Sunset Street, on Sunday, September 7, 2014, from 2:00 p.m. to 10:00 p.m. Steven Johnson, 18240 Sunset, presented the request to Council. He said he didn't think it would be going until 10:00 p.m. probably just until dusk because of lighting. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST TO REVIEW A PROPOSAL FROM ASSET STRATEGIES: Board of Trustees, Livonia Employees Retirement System, re: to prepare a custom service proposal for the administration of the City's Defined Contribution Plan and the Deferred Compensation Plans, in order to determine whether the City and its employees are receiving the best possible programs currently available. Robert Biga, Human Resources Director, presented the request to Council. He noted that the City of Livonia has had a contract with Great West Retirement Services since the inception of the Defined Contribution Plan in 1997. The contract has been continued on a month-to-month basis since August 31, 2007. The City Council is responsible for the selection of a plan administrator for the DC plan as provided in the DC Retirement Ordinance. Further, the City Council 4 and the Civil Service Commission are jointly responsible for the administration of the retirement plan and benefit programs by City Charter. The City's Deferred Compensation Plan has been administered by three entities: ICMA, Community Choice Credit Union and Nationwide since the inception of the plan in the 1980's. Many changes affecting both Defined Contribution Plans and Deferred Compensation Plans have occurred as a result of federal legislation. The City does not have the technical expertise on staff to prepare a review of the current programs to determine whether the City and its employees are receiving the best possible programs currently available. The Finance Director and the Human Resources Director have reviewed this situation and have contacted Asset Strategies, the company that works with the Michigan Municipal Risk Management Association to manage their assets. Asset Strategies has prepared a similar proposal for the City of Dearborn. The Board of Trustees has received a letter from Asset Strategies requesting to prepare a custom service proposal for the administration of the City of Livonia's Defined Contribution Plan and the Deferred Compensation Plans. After reviewing this information at the last Board of Trustees meeting on June 18, 2014, it was decided that this matter should be forwarded to the City Council for the Council's information and direction. A copy of the original correspondence from Asset Strategies regarding this proposal has been provided to Council. The Board of Trustees requests that the Council review this proposal and provide direction as to whether or not the Board should commence work with Asset Strategies on this proposal on behalf of the City. Katherine T. Ghannam, CPA, Asset Strategies, introduced herself. Based on the time past since the last due diligence review, and the latter observations, they believe the City's plan participants will benefit from a full due diligence review including a review of its third-party providers. In addition, they suggest that the City consider a review of its 457 plan and providers. Clients find it more cost effective to do a review of both plans at the same time. The City should be able to achieve significant cost savings, receive additional services, and save plan participants' money, leaving more for their retirement. President Brosnan asked Biga where he was at in the process of this request and what plan of action he recommends. Biga said Ms. Ghannam's presentation was to educate Council on its fiduciary responsibility and to get direction from the Council to go out for an RFP to analyze where they are presently and what they need to do to get their plan into best practices, whether or not they should be looking at consolidating the Defined Compensation and Defined Contribution Plan under one roof. Taking a different approach than to go out for an RFP for a Third Party Administrator. President Brosnan said she recommends that Biga come back before Council with a Scope of Services and something that provides Council with a clear understanding of exactly what it is he wishes Council to assign on a contract for Asset Strategies to provide. Ultimately, that is what it comes down to, she said 5 she didn't think Ms. Ghannam was here tonight giving an education presentation for free, correct? Ms. Ghannam replied that she agreed to give an educational presentation with the understanding that Council would issue an RFP for consulting services for a complete review of both plans. She said she did not bring a proposal tonight. President Brosnan said she didn't think Ms. Ghannam had a proposal with her tonight because Council has not given authority to Mr. Biga proposals yet, but she believes that is his goal, she asked Biga if that was correct. He replied yes. Toy asked Biga if there was a time element involved with this request. Biga replied no. She agrees with Council President Brosnan that a Scope of Services would be something Council should be provided prior to any action being taken. President Brosnan thanked Ms. Ghannam for her presentation and her time this evening. Toy offered the approving resolution referring the matter to the Finance, Budget and Technology Committee for its Report and Recommendation for the Consent Agenda. DIRECTION: REFER MATTER TO FINANCE, BUDGET, CONSENT & TECHNOLOGY COMMITTEE FOR ITS REPORT & RECOMMENDATION 8. REQUEST FOR AUTHORIZATION TO PURCHASE TWO (2) SINGLE AXLE DUMP TRUCKS THROUGH THE ROCHESTER HILLS CO-OP AWARD AGREEMENT: Public Service Division, re: to be used as replacement vehicles, from budgeted funds. Don Rohraff, Superintendent, Public Services, presented the request to Council. The Public Service Division has joined the Rochester Hills Co-op Award Agreement (RFP-RH-13-030_SA) for bids on Single Axle Dump Trucks. There are currently 14 communities that participate in the group buying under this Co- op Agreement. The Co-op meets our required Finance Ordinance bidding process and also allows us to participate in the group buying discount. Bid invitations were placed on the Michigan Inter-governmental Trade Network (MITN) in June 2013 by Rochester Hills. The winning bid for the cab and chassis was received by Wolverine Freightliner. The cost per unit for cab and chassis is $87,528.00 for a total cost for both truck cab and chassis being $175,056.00. The department also recommends use of Truck and Trailer Specialties as the outfitter to build these trucks. Truck and Trailer was awarded the bid for the outfitting of the trucks through the Rochester Hills Co-op Agreement (RFP-RH-13-030). The cost for outfitting each truck is $86,506.00 for a total cost for both trucks outfitting being $173,012.00. 6 Bidder Amount Bid Per Unit Wolverine Freightliner $87,528.00 Truck and Trailer Specialties $86,506.00 Total cost per truck $174,034.00 The total cost for both trucks will be $348,068.00 with the funding coming from approved capital outlay budgeted funds. In addition, attached is a recommendation letter done by the Fleet Manager as well as the backup documentation. The dump trucks will be replacement vehicles and will not increase our fleet. The replaced vehicles will be disposed of thru the auction process (MITN or commercial auction). These trucks have an average life expectancy of 8 - 9 years and they have exceeded their life expectancy. The trucks being replaced are 1996 and 1997 models. It is the recommendation of the Public Service Division that the approved bids through the Rochester Hills Co-op Award Agreement meeting specifications, submitted by Wolverine Freightliner, 107 S. Groesbeck, Mt. Clemens, MI 48043 be accepted to supply the Public Service Division with two (2) Single Axle cab and chassis Dump trucks for the price of$175,056.00. It is also the recommendation of the Public Service Division that the approved bids through the Rochester Hills Co-op Award Agreement meeting specifications, submitted by Truck and Trailer Specialties, 6726 Hanna Lake, Dutton, MI 49316 be accepted to supply the Public Service Division with the outfitting of two (2) Single Axle Dump trucks for the price of$173,012.00. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REQUEST TO AMEND CONTRACT WITH ANDERSON, ECKSTEIN AND WESTRICK, INC. FOR CONSTRUCTION ENGINEERING SERVICES AND TO AUTHORIZE AN ADDITIONAL APPROPRIATION AND EXPENDITURE NOT- TO-EXCEED $99,100: Engineering Division, re: for the Sears Drive Reconstruction Project, from Plymouth Road north to the end of Sears Drive, from budgeted funds. (CR 260-10 and CR 367-13) Todd Zilincik, City Engineer, presented the request to Council. The City of Livonia was notified on July 3, 2014, that it had been selected to receive funding from the Priority Road Improvement Program (PRIP) for the reconstruction of Sears Avenue from Plymouth Road north to the end in the amount of $600,000. A portion of the PRIP funds will be applied to the design and construction engineering fees in the amount of $99,100, leaving the remaining balance of 7 $501,000 to maximize the reconstruction of Sears Avenue. Any amount over $600,000 will be the responsibility of the City of Livonia. The goal is to reconstruct as much of Sears Avenue as possible by utilizing the amount of $501,000. Please note that Anderson, Eckstein and Westrick, Inc. (AEW) has reduced its professional service fees in the amount of $6,900 to allow more reconstruction dollars for Sears Avenue by combining the engineering services bid for this project with the Industrial Drive project. This project will include the reconstruction of the existing 9-inch concrete pavement, including providing a new aggregate base and underdrain, along with other miscellaneous items. Pursuant to Council Resolution No. 367-13, adopted November 6, 2013, the City Council approved Anderson, Eckstein and Westrick, Inc. (AEW) as one of the Qualification Based Selection (QBS) firms to perform all professional engineering services on various federal, state and locally funded projects for through fiscal year 2016. Under this procedure, they are recommending that AEW provide the engineering services for the above-mentioned project. They previously reconstructed the easterly portion of Industrial Road in 2008 from Merriman Road, heading east to 30853 1 30844 Industrial Road and are overseeing the design and reconstruction on Industrial Road west of Middlebelt Road with Road and Risk Reserve (RRR) funds. AEW is currently our engineering consultant for the 2014 Concrete Road Program and recently provided the professional services for the concrete patching on eastbound and westbound Schoolcraft Road in preparation for the 1-96 Reconstruction Project in the fall of 2013. AEW has provided engineering services for the City of Livonia on numerous other projects in various capabilities over the past twelve (12) years and has done an exceptional job working to improve our infrastructure. Bids are anticipated to be taken in the fall or early 2015 for the reconstruction of Sears Avenue Drive with construction to occur in May of 2015. In order to proceed with this project, they recommend that the Council take the following actions: • Authorize the Mayor and the City Clerk to execute an amendment to the Engineering contract with Anderson, Eckstein & Westrick, Inc., 51301 Schoenherr Road, Shelby Township, Michigan 48315, as the designated consultant to provide the engineering services for the Sear Drive Reconstruction Project from Plymouth Road north to the end. The amount of the engineering services not-to-exceed $99,100. • Authorize an appropriation and expenditure not-to-exceed $99,100 from the Unexpended Fund Balance of the Major Road Fund (202). • Authorize the City Engineering to make minor adjustment to the work, as needed. Scott Lockwood, Anderson, Eckstein, and Westrick, was present to answer any questions from the Council. Mr. Lockwood did commend Zilincik on all his hard 8 work acquiring grant funding for the City of Livonia on this project and many other projects. Scheel offered the approving resolution for the Regular Agenda. Pastor thanked Lockwood and Anderson, Eckstein and Westrick for the reduction in their fee and combining the construction engineering services for this project helping stretch the reconstruction dollars. DIRECTION: APPROVING REGULAR 10. REQUEST TO APPROVE A CHANGE ORDER TO CONTRACT 14-A WITH NAGLE PAVING COMPANY FOR MISCELLANEOUS PARKING LOT AND SIDEWALK REPAIRS AT THE LIVONIA COMMUNITY RECREATION CENTER (LCRC): Engineering Division, re: in order to make miscellaneous repairs to the existing catch basins, deteriorated sections of concrete sidewalk and asphalt parking lot repairs during the scheduled shut down of the LCRC from August 25, 2014 through August 29, 2014, from budgeted funds. Todd Zilincik, City Engineer, presented the request to Council. The Engineering Division approached the Nagle Paving Company about providing miscellaneous repairs to the existing catch basins, replacing some selective deteriorated sections of concrete sidewalk and performing asphalt parking lot repairs during the scheduled shut down of the LCRC from August 25 thru the 29th. The funding for this project was budgeted in the amount not to exceed $20,000.00 for the repairs. Nagle Paving Company has agreed and will honor the unit prices bid in the 14-A contract, along with some additional items added for this project, for this work. The Engineering Division will coordinate with the LCRC staff and oversee the miscellaneous repairs. Nagle Paving Company will invoice the City of Livonia for the work performed based on the quantities completed and accepted. In order to proceed with this additional work, they respectfully recommend that the City Council take the following actions: • Approve a change order to Contract 14-A with Nagle Paving Company, 36780 Amrhein, Livonia, Michigan 48150 in the amount not to exceed $20,000.00. • Authorize the expenditure of$20,000.00. • Authorize the City Engineer to approve minor adjustments in the work as needed. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9 11. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to Sections 040, 120, 130, 180, 230, 260, 261, 270, and 280 of Title 6, Chapter 04 (Dogs) in order to make it possible to issue a three (3) year dog license that coincides with the dogs rabies vaccination, permit the Animal Control Officers (ACO) to license kennels, and to require that all kennels, including dog day care facilities, be required to have an employee on site at any time that a dog is sheltered. Don Knapp, City Attorney presented the request to Council. He said this is brought before Council at the suggestion of the Animal Control Officers and the City Clerk. The proposed amendments are recommended so that: (1) three year dog licenses can be issued; (2) the ACOs can license kennels; and, (3) all kennels, including dog day care facilities, will be required to have an employee on site at any time that a dog is sheltered. The Dog Ordinance currently requires dog licenses to be renewed annually. As part of that annual renewal owners must provide proof of a rabies vaccination. The dog license has been renewed annually because, until recently, a rabies vaccination would only be effective for one year. In that three year rabies vaccinations are now available, it is recommended that the Dog Ordinance be changed to permit a three year dog license to be issued if valid certificate for a three year rabies vaccination is presented. Presently, kennels are licensed by Wayne County; however, state law, permits municipalities to perform this function provided that the local ordinance regarding the issuance of kennel licenses reflects the same terms, conditions, and fees set forth in Section Ten of Public Act 339 of 1919 (MCL 287.270). The proposed amendments comport with that statute. Because kennels are typically located on large RUF zoned lots which also contain the residence of the owner(s) of the kennel, there has not been any reason to require a kennel employee to be present on site twenty-four hours each day to ensure the safety and welfare of the dogs in the event of fire, flood, or other such event. However, Livonia currently has a very large dog day care facility in the industrial zone. While the owner of that facility has agreed to ensure that an employee is on site at all times, because the Dog Ordinance does not demand it, it is recommended that this requirement be added in the event that a kennel or dog day care facility does not wish to provide continuous supervision of the dogs in their care. Finally, in the event that any license is denied, the license applicant would have the right to appeal that denial to the Animal Review Board rather than the City Council. As you may recall, the Animal Review Board was created by the Vicious Animal Ordinance to appeal a finding of an ACO that an animal is potentially vicious. The Animal Review Board has worked well since it was established in 2012. As such, they are well suited to handle an appeal of a denial of a license in the unlikely and rare event it occurs. Scheel asked through the Chair to Knapp if the section that requires the kennel to ensure that an employee is on site at all times would apply to veterinary hospitals. Knapp said the definition of kennel is written broadly enough that it would include those as well. 10 Toy offered the approving resolution for First Reading for the Consent Agenda. DIRECTION: APPROVING — FIRST READING CONSENT AUDIENCE COMMUNICATION: Christopher Martin, 12275 Inkster, expressed his concerns on laws regarding allowing political signs on school property. Toy provided the appropriate information and said if Mr. Martin or anyone else looks under Michigan Compiled Law, Election Officials Accreditation Study Guide provided by the Michigan Bureau of Elections, updated January 2014, Chapter 11, Page 29 of 46, provides the rules regarding campaigning at polls. She said that is where the rules are listed and that is why she commented earlier and reiterated that the City Clerk was absolutely correct in her comment made at the beginning of this meeting. As there were no further questions or comments, President Brosnan adjourned the Study Session at 8:55 p.m. on Wednesday, August 6, 2014. DATED: August 15, 2014 TERRY A. MARECKI CITY CLERK