Council Minutes - July 7_ 2008 by fjwuxn


									                                     City of Northville
                          July 7, 2008
Mayor Johnson called the meeting to order with the Pledge of Allegiance at 7:32 p.m. in the City of
Northville Municipal Building, City Council Chambers, 215 W. Main Street, Northville, Michigan,


Present:        Mayor Christopher Johnson, Mayor Pro Tem James Allen, Councilmembers Douglas
                Bingham, Nancy Darga, Michele Fecht

Absent:         None

Also            City Manager Patrick Sullivan, Assistant City Manager/Finance Director Nicolette
Present:        Bateson, Director of Public Works James Gallogly, Parks and Recreation Director Traci
                Sincock, Police Chief Gary Goss, City Clerk Dianne Massa, reporters from the Northville
                Record and Northville Journal, and four citizens


A. Citizen Comments None


A request was made to table New Business Items 9E and 9F. The request was made due to concerns with
the contract language, the method used in recommending the project consultants, the completion date
suggested for the one of the projects, and the need for more detailed information on those involved in the
sewer abatement project. A counter request was made to leave the items on the agenda to allow
discussion on the areas of concern.

Motion Allen, seconded by Fecht to approve the agenda and consent agenda as presented.
Consent agenda as follows:
       Approve City Council Minutes:
               June 16, 2008 Regular Meeting
       Receive Bills List: Checks #60944 to #61031, #61032 to #61133, #61134 to #61261
       Receive Board and Commission Minutes:
               Beautification Commission: 6/2/08
               Youth Assistance: 5/13/08
       Receive Departmental Reports:
               Fire Department: 4/08
               Police Department: 5/08
       Board and Commission Appointments: None
       Holiday Scheduling for December 26, 2008 Motion carried unanimously.
City Council Regular Meeting – July 7, 2008 - Page 2

A. Amendments to the Liquor Management Ordinance / First Reading

In December 2007, the Northville City Council adopted the Liquor Management Ordinance. The
ordinance requires new licensees to submit an operations plan to the City of Northville. The licensees
must adhere to the plan or return to Council for approval of any change. The ordinance also requires an
annual review of each On-Premise license and provides a “due process” procedure for the City of
Northville to recommend non-renewal or revocation of the license to the Michigan Liquor Control
Commission. The ordinance also creates an oversight committee consisting of two City Council

Since the adoption of the ordinance, the City has handled the transfer of ownership of one Class C On-
Premise license which allowed the City to experience how the ordinance actually functions. As a result,
City Staff and the Review Committee propose two revisions to this ordinance. The first revision would
provide for the appointment of a third member to the Liquor License Review Committee. This will
provide a tie-breaker in the event of a difference of opinion. The second revision would reduce the
“notice of hearing” area from 300 feet to 100 feet. The public hearing notices sent by Staff during the
transfer of ownership of the Little Italy Restaurant exceeded 300 mailings and many were redundant
which slowed the process. The proposed reduction would provide sufficient notice and improve the
efficiency of the process. The proposed ordinance amendments and notice of this meeting have been sent
to the City’s Liquor License Holders as required by ordinance.

Motion Allen, seconded by Darga to introduce for first reading the proposed amendments to Chapter
5, Alcoholic Beverages, Article II, Liquor Management Ordinance as presented, with second reading
and possible adoption scheduled for July 21, 2008. Motion carried unanimously.


A. Amendment to the Purchase Agreement / Acquisition of Property Located at the Northeast
      Corner of Cady and Griswold for City Parking Lot (Tipping Point Theatre)

In June 2007, City Council approved a purchase agreement to acquire land at the northeast corner of Cady
and Griswold from Lapham Investments, L.P., and C.R. Gaidica Living Trust for use as a City parking
lot. The original agreement provided the sellers with a reversion clause that would allow them to retake
possession of the land in the future if they repaid the City the cost of paving the lot, not to exceed
$75,000. The sellers wish to remove the reversion clause language and have the net value of the land
(over and above the amount owed the City for parking credits), acknowledged as a donation. The parking
credit requirement for the property would be reduced from 47 spaces (per original site plan) to 29 spaces.
The reduction is based on the final seating arrangement now that the building is constructed, and partial
credit being granted for the parking spaces on the east side of the building, part of which lies on the
Theatre property.

A copy of the “First Amendment to Purchase and Sale Agreement,” which provide for the removal of the
reversion clause and acknowledge the net value of the land as a donation to the City, was provided for
Council review. It was noted that the City is obligated by the original purchase agreement to reimburse
the sellers, at closing, the costs of paving the parking lot, not to exceed $75,000. Funding for this
reimbursement is available in the City’s parking fund.
Motion Darga, seconded by Fecht to adopt the “First Amendment to Purchase and Sale
Agreement” amending the purchase agreement with Lapham and Gaidica, dated June 28, 2007
City Council Regular Meeting – July 7, 2008 - Page 3

and further, that the City Manager be authorized to sign the amendment. Motion carried

B. Purchase of Tactical Vests for the Police Department

The standard of care for Law Enforcement Agencies has enlarged to include immediate response to
deadly threats such as an “Active Shooter.” A statistical analysis of a five year period, that included 24
school shootings in 18 states and 41 workplace shootings in 12 states revealed that, on average, a victim
is shot every 15 seconds. Facing this reality, each patrol officer must be trained and equipped to respond
to such threats in order to save lives and have the capability to respond prior to the arrival of specialized

Over the past 20 months, the Northville Police Department has received training in rapid response to such
situations and the Department has acquired the appropriate tactical weapons. The Department now
proposes to purchase tactical vests for the officers. The objective of these vests is to provide a readily
available and rapidly deployed body armor that will help protect our officers when they are entering a
high risk situation. These vests will be carried in the trunks of our patrol vehicles and can be donned in
less than a minute. It is necessary to purchase six vests to accommodate the size difference of the

Quotes were received from the three main suppliers of tactical gear in Michigan as follows:
               C. M. P. Distributors, Inc.     $1,339.00 each
               Metropolitan Uniform            $1,399.95 each
               Michigan Police Equipment       $1,450.00 each

Following the purchase, the Police Department can submit a request for partial reimbursement through
the Department of Justice Bullet Proof Vest Program. Funding for this purchase is proposed to come
from the following sources as follows:
        Funds previously budgeted in General Fund
                (4th Quarter budget amendment to
                 carry forward from FY 2008 budget)            $3,000
        FY 2009 Uniforms & Clothing Budget:
                Funds approved in FY 2009 for body armor        3,000
                Funds approved in FY 2009 for tactical vests    2,000
                FY 2009 Police Department budget                    34
        Total Funds                                            $8,034

In that event that the Department of Justice Bullet Proof Vest Program provides any funding for this
program, those funds will be recorded in the General Fund to offset the Police Department expenditures.

Council Comments and Discussion: Further explanation was given pertaining to applying for
reimbursements through the Department of Justice Bullet Proof Vest Program. It was further noted that
the funding for this program is appropriated each April. A previous purchase is the only purchase that
qualifies for the reimbursement.

Motion Darga, seconded by Allen to approve the purchase of six tactical vests from C. M. P.
Distributors, Inc. at a cost of $1,339 each or a total of $8,034 and to pursue a partial reimbursement
through the Department of Justice Bullet Proof Vest Program. Motion carried unanimously.
City Council Regular Meeting – July 7, 2008 - Page 4

C. Purchase of 2008 F-250 Pickup Truck for the Parks and Recreation Department

The Parks and Recreation Department proposes to purchase a 2008 F-250 pickup truck to replace a 1995
pickup truck that has in excess of 160,000 miles. The 2008 F-250 truck is one of several vehicles
available through the Macomb County Cooperative Purchasing Program. The purchasing program allows
government agencies to take advantage of joint purchasing opportunities. The City of Northville’s
Purchasing Ordinance, (Section 2-182c3) allows the City to participate in governmental and cooperative
purchase agreements. City Staff believes the pricing provided through this cooperative program is the
best available value for the vehicle and no additional savings would be gained by competitively bidding
the purchase.

The price of the vehicle through the Macomb County Cooperative Purchasing Program is $21,413 and
$25,000 was appropriated in the approved FY2009 budget for this vehicle purchase.

Council Comments and Discussion: Further explanation noted that the City may participate in any
county cooperative purchase program and that the county does not have to be contiguous to the City.

Motion Fecht, seconded by Bingham to participate in the Macomb County Cooperative Purchase
Program in order to purchase a 2008 F-250 pickup truck for the Parks and Recreation Department from
Signature Ford of Owosso, Michigan in the amount of $21,413. Motion carried unanimously.

D. Contract Award for the Annual Sidewalk Program

The City’s Capital Improvement Plan for streets, drainage, and sidewalks proposes a small amount of
annual sidewalk improvements, which includes repairs, placement, and replacement of sidewalk
throughout the City. The purpose of the annual program is to improve the walk-ability of the City’s
sidewalk system and also reduce the likelihood of slip and fall incidents. The scope of work for this
annual project includes the spot repair of sidewalks at various locations throughout the City.

For 2008, the selected locations were based on concerns raised by residents throughout the past year, as
well as replacements based on inspections made by staff. In addition to sidewalk repairs for 2008, City
Council has authorized $38,651 to add sidewalk in locations along City roadways where sidewalk
currently does not exist. Two of these locations this year will include Scott Avenue and Eaton Street.

In 2007, the City received three bids and awarded the Sidewalk Program project to the low bidder,
Goretski Construction Company. The program was successfully completed in September 2007. Prior to
soliciting bids for the 2008 sidewalk program, City Staff contacted Goretski Construction Company and
Goretski has agreed to hold their 2007 prices for 2008. Though labor costs have leveled off, fuel prices
are significantly higher, causing most items to increase in cost. Therefore, it would be prudent for the
City to consider awarding a change order to Goretski’s 2007 contract utilizing the 2007 price for the 2008
Sidewalk Program.

Funding for sidewalk replacement is proposed annually and comes from a dedicated millage for streets,
drainage, and sidewalks approved by City voters in 1997. It was recommended that the full budgeted
amount of $35,000 be allocated and approved for the 2008 sidewalk replacement program. In addition to
funding for sidewalk replacement, City Council has also set aside funds in the Public Improvement Fund
for the placement of new sidewalk. It was also recommended that the total budgeted amount of $38,651
in the Public Improvement Fund be allocated and approved for the City’s 2008 Sidewalk program.
City Council Regular Meeting – July 7, 2008 - Page 5

Council Comments and Discussion: Additional explanation was given on the funding proposed for this
project. It was also noted that as Goretski Construction agreed to hold its 2007 prices for the 2008
program, the request is actually for a change order to the 2007 sidewalk program contract with Goretski

Further discussion centered on the method used to determine which older sidewalks are scheduled for
repair or replacement. It was noted that some sidewalks are flagged for repair as a result of call-in
requests by residents. Others are found during periodic inspections performed by the DPW Director. For
the 2008 program, approximately 50 locations are slated for repair, with approximately 12 of those
locations being the result of resident call-ins.

Motion Darga, seconded by Fecht to award a change order to the 2007 Sidewalk Program construction
contract in the amount of $73,651 to Goretski Construction Company for the 2008 Sidewalk Program
with the stipulation that the same unit prices in the 2007 Goretski bid/contract are to be used. Motion
carried unanimously.

E. Professional Engineering Services for the Sanitary Sewer System Rehabilitation Program

It was determined that the City of Northville continues to exceed its contract capacity for discharging its
sanitary sewer flow into the North Huron Valley/Rouge Valley Regional Sanitary Sewer System.
Therefore, in 2007 the City of Northville signed an administrative consent order with the State of
Michigan, committing the City to take corrective action steps over a period of years to reduce and
minimize the City’s peak sanitary sewerage flow.

Northville’s corrective action can be handled entirely by the City, or by working with neighboring
communities through Wayne County with a North Huron Valley/Rouge Valley Regional Sanitary Sewer
System system-wide approach, or by using both methods. City staff recommended the use of both
methods by proceeding with a number of short-term corrective action projects, which are determined to
be cost effective and relatively easy to accomplish over the next four years. Then, if it is determined
through flow monitoring that the City continues to exceed its contracted capacity, the City would join
with other communities in a Wayne County system-wide solution. As the system-wide solution will be
funded based on a community’s flow contribution, any reduction of flow from short term corrective
action steps would reduce the City’s financial participation in a regional improvement project.

City staff worked with representatives from Orchard, Hiltz, & McCliment, Inc. (OHM) and McNeely and
Lincoln Associates, Inc. (ML) to establish a list of tasks that should be undertaken between now and 2011
when the design of a regional project is set to begin, as follows:
         • Task A: System Analyses and Supplemental Field Data Collection
         • Task B: Design a Pilot Program
         • Task C: Construct the Pilot Program
         • Task D: System Rehabilitation Recommendations
         • Task E: Design of System Rehabilitation Project
         • Task F: Construction of System Rehabilitation Project
         • Task G: Flow Metering
         • Task H: General Assistance Related to Order of Abatement

At this time, it is proposed that the City begin on “Task A” (System Analyses and Supplemental Field
Data Collection) as well as “Task H” (General Assistance Related of the City’s Order of Abatement).
The proposal submitted by OHM and ML totals $24,000.
City Council Regular Meeting – July 7, 2008 - Page 6

OHM was the City’s technical engineers in its recent negotiations with Detroit Sewer and Water
Department on a long term water contract which resulted in a water rate change from a 29% increase to a
19% decrease (approximately $300,000.) OHM is also the firm retained by Wayne County to design and
implement the county’s short term corrective action program and they are considered one of the most
knowledgeable firms addressing the North Huron Valley/Rouge Valley Regional Sanitary Sewer System
problems. McNeely and Lincoln Associates, Inc. has had a long history of working on sanitary sewer
issues with the City of Northville. It is believed that having the two firms work as a team, with OHM as
the lead consultant, would be the most prudent way to proceed with this program. This team would
analyze existing data that the City and Wayne County has collected in the past, and would collect
additional data in the field, resulting in a report that would recommend a pilot program designed to
eliminate excess flow in the City’s sanitary sewer system. It is expected the report would be completed in
early August and lead the City into Tasks B and C.

OHM’s proposal requests compensation in the amount of $24,000 for this effort. For the amount of work
expected, this fee is considered appropriate, and funding is included in the City’s budget.

Council Comments and Discussion: A comment voiced trepidation with the process used to obtain the
proposals, and the belief that the City should use competitive bidding for professional services in excess
of $10,000. While there was an understanding with the decision to include McNeely and Lincoln as they
have a history of working on sewer projects in the City, Wade Trim and Applied Science were involved
in the Northville field work, while OHM served in a policy role. The comment voiced the belief that it
would be in the City’s best interest to seek proposals or requests for qualifications from these firms to see
what each could offer to the City.

The comment continued and further expressed concern that the proposal includes a contract that is not in
the best interest of the City. The contract submitted favors the consultant and should be reviewed by the
City Attorney to redefine shell language that better protects the City’s interests. Particular areas of
concern included penalties, period of service, and terms of payment. It was voiced that the payments
should be connected to at least two deliverables, such as a “report and analysis” for deliverable #1 and a
“recommended pilot project” as deliverable #2. The contract also lacks language to ensure that OHM will
deliver what the City is paying for, especially in the event the State or County does not agree with OHM’s

Subsequently, while there was concurrence to having the City Administration work with the City
Attorney to review and redefine the contract language, additional comments from Council countered the
request to require competitive bids or qualifications for professional services over $10,000. While in
certain cases, the City Council may choose the professional services, such as the City Attorney, the
comments voiced a level of comfort and confidence in the recommendations of City Administration
regarding the selection of quality professional consultants. It was also voiced that it would significantly
slow down the process in order to bid out the professional services for each project.

Further questions pertained to the reasons as to why the City exceeds its capacity. While there are likely
several factors, it is believed that one of the contributing factors is the newer construction of Pheasant
Hills and Abbey Knoll which was not watertight. Although it is not permissible, it is possible that sump
pumps in the area may be pumping into the sanitary sewer. Most likely, one of the resulting project
recommendations will tie into this area.

Additional discussion pertained to the level the City exceeds its capacity and the possible use of a
retention pond as a temporary sanitary sewer holding facility. It was noted that the level the City is
exceeding is small and those calculations were done several years ago by McNeely and Lincoln. Their
method of calculation, however, differed from the methods used by other communities. This is one of the
reasons that Staff recommended retaining of services of OHM. It was noted that expert outside assistance
City Council Regular Meeting – July 7, 2008 - Page 7

is being sought to ensure accurate capacity projections as the City will be charged for whatever flow it
contributes that are above its contract capacity.

Comments from the City Manager explained his experience in four other communities that did not have
an Engineer on staff. In those communities, engineering services were bid out approximately every
8 to 10 years. Professional engineering services were not bid out for each project. Instead, once the
engineering professional services contract was awarded, that firm served as the engineering professional
consultant for all projects. It was noted that Northville has a Civil Engineer on staff with the knowledge
and background to oversee projects and to determine when the knowledge and expertise of a certain
professional services firm outweighs the need for competitive bids. The recommendations are based on
the project and the expertise the firm brings to the table. Further comments spoke of previous experience
with a sewer separation project and an understanding of the methodology the MDEQ seeks. This is the
first phase of the sanitary sewer rehabilitation project and the end result of the rehabilitation work needed
for our system will likely be near six figures. With the combination of McNeely and Lincoln’s
knowledge and records of the existing sewer system, and the expertise of OHM in knowing what
strategies other communities are using and what strategies the State is expecting, it is likely the City will
end up with a more quality work product due to expertise that both firms bring to this project.

A responding comment countered that the decision to recommend awarding the 2008 sidewalk contract to
Goretski Construction (agenda item 9D) was based on previously submitted competitive bids.
Competitive bids were not solicited for the professional services associated with this project. OHM has
been involved with policy while the field work has been performed by Wade Trim and Applied Science.
The overall objective in seeking competitive bids or requests for qualifications for professional services is
not to obtain a lower price, but rather to seek competitive comparisons to find the more qualified
consultant for the project. A separate comment supported awarding this contract to OHM so as not to
delay the project, yet questioned how the City could become more competitive in seeking future

Motion Allen, seconded by Fecht to approve a contract with Orchard, Hiltz & McCliment, Inc. in the
amount of $24,000 for Sanitary Sewer System Rehabilitation Program Tasks A and H and refer the
contract language back to the City Administration to further redefine the contract language.

Further discussion after the motion noted that the redefined contract document would come back to City
Council for its review and approval. Voice vote. Yes: Allen, Bingham, Fecht, Johnson. No: Darga.
Motion carried.

F. Contract Award for Professional Services for the East Main Street Improvements

In 1996, the City created a Street Improvement Program and the millage for this program was approved
by Northville voters in 1997. In 2005 City Staff updated the Street Improvement Program, and for
FY2008/09 it is proposed that the City mill and resurface E. Main Street from Hutton Street to Griswold.
McNeely & Lincoln Associates, Inc. is a local engineering firm that has undertaken a number of
engineering projects for the City of Northville over the past 20 years, including the reconstruction of this
segment of E. Main Street in the late 1980s. Due to their familiarity with this roadway, City Staff
requested that McNeely and Lincoln Associates, Inc. submit a proposal to undertake the design for the
improvements to this segment of road. As such, McNeely and Lincoln Associates, Inc. submitted a
proposal of $17,500. The design work would begin immediately, and the City would be able to bid this
project in late August 2008. Construction is expected to take about 30 days and would likely be
completed in 2008. Funding for this project was included in the approved FY2008/09 Major Street
City Council Regular Meeting – July 7, 2008 - Page 8

Council Comments and Discussion: A separate comment voiced trepidation with the method used to
select the recommended professional services consultant. The comment voiced the belief that McNeely
and Lincoln was better qualified to receive the professional services contract for the recently awarded
Marquis Parking Lot project (that was subsequently awarded to a different firm) as they had performed
the survey work and were one of the three lower bids received. While McNeely and Lincoln has a
familiarity with this roadway, the City would be better served in soliciting competitive proposals that
would include a score sheet that indicated on which qualifications the decision was based.

Additional comments expressed concern with the contract, requesting that the contract be reviewed by the
City Attorney to redefine shell language that better protects the City’s interests, particularly in the
sections pertaining to dispute resolutions, payment schedules, and suspensions of services.

Further discussion noted that the City and Mr. Engerer are working together on the timing of this project
and his new development at 311 E. Main Street.

Motion Fecht, seconded by Allen to table the matter until the July 21, 2008 City Council meeting in
order to revise the contract language.

Further discussion after the motion noted that the matter was tabled specifically to redefine the contract
language and not to seek competitive proposals. Voice vote. Yes: Allen, Bingham, Fecht, Johnson.
No: Darga. Motion carried.

G. 2008 Household Hazardous Waste Program

Annually in September, the City of Northville hosts a Household Hazardous Waste Day. Northville is
one of three communities (City of Northville, Livonia, and Northville Township) that partner in this
effort. Residents from these three communities are allowed to go to the Livonia event in May and
Northville’s event in September.
For the past ten years the communities have used EQ Industrial Services to run the program and properly
dispose of the waste collected. EQ has done an excellent job making this service one of the more popular
programs offered by three communities. In February, the City of Livonia solicited bids to select a
hazardous waste provider for the next three years. Four bids were received as follows:

        Company                            Unit Price 2008 Unit Price 2009 Unit Price 2010
        EQ Industrial Services               $29.50          $30.50          $31.00
        Environmental Recycling Group         32.50            33.25          34.00
        Drug & Laboratory Disposal             33.75           34.75          35.80
        PSC                                   42.00            34.75          43.00

EQ Industrial Services is agreeable to extending its bid prices to the City of Northville for its
Household Hazardous Waste Program, and as last year’s price was $31.50 per vehicle, it would be in the
City’s best interest to accept the lower prices. Funding was included in the FY2008/09 budget for this
program. As the unit prices for the next three years are lower than in the past, it is expected that the
budget should adequately cover the cost of this program for the next three years.
Motion Allen, seconded by Darga to approve a contract with EQ Industrial Services to perform
Household Hazardous Waste collection services for 2008, 2009, and 2010. Motion carried

H. Contract Award for the 2008 Pavement Marking Program
City Council Regular Meeting – July 7, 2008 - Page 9

In 2007 the City of Northville received bids for pavement marking on major streets within the City. The
pavement marking program includes a certain amount of centerline striping, crosswalks, turn arrows and
legends painted on the roadway. Pavement marking is an activity that is generally performed annually on
City streets. Most of this work is performed by an outside contractor; however, the Public Works
Department annually undertakes a small amount of pavement marking for school crosswalks and parking
stalls. For Northville, this work is typically done in late summer before the school year starts.

The 2007 Pavement Marking Project was awarded to M & M Pavement Marking of Grand Blanc,
Michigan. M & M was the lowest qualified bidder selected from four bids, listed as follows:

        • M & M Pavement Marking, Inc.             $ 4,388.40
        • R. S. Contracting, Inc.                  $ 5,322.00
        • PK Contracting, Inc.                     $ 7,719.70
        • Hart Pavement Striping                   $10,313.00

As part of the “Special Conditions” of the Pavement Marking contract, contractors were asked to indicate
if they would agree to extend their bid prices through 2008. M & M indicated on their bid that they
would extend their bid prices to 2008, and they have been contacted and have confirmed this agreement.
As M & M Pavement Marking, Inc. was 17% lower than the other 2007 bids and as they satisfactorily
completed last year’s project, it would be prudent to extend this contract through 2008.

Funding of $5,000 for this project was included in the approved FY2008/09 Major Streets budget. It was
noted that pavement marking is often performed after normal working hours and sometimes is done on
Sunday. As such, one DPW employee may be required to spend a few hours (on overtime) with the
Contractor to oversee this work.

Motion Fecht, seconded by Darga to award a contract in the not-to-exceed amount of $5,000 to M & M
Pavement Marking, Inc. of Grand Blanc, Michigan for the 2008 Pavement Marking Project. Motion
carried unanimously.


A. Mayor and Council Communications

Bingham complimented the DPW on the new Taft Road landscaping.

B. Staff Communications

The Assistant City Manager/Finance Director (and Independence Day Parade Committee member)
reviewed the judges’ results for the float/other entries that were part of the recent Independence Day

There being no further business to come before Council, the meeting was adjourned.

Adjournment: 8:36p.m.
City Council Regular Meeting – July 7, 2008 - Page 10

Respectfully submitted,

Dianne Massa, CMC
City Clerk                                              Approved as submitted: 7/21/08

Christopher J. Johnson

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