HomeMy WebLinkAboutCOUNCIL MINUTES 2013-09-23 38806
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND THIRTY SEVENTH
REGULAR MEETING OF SEPTEMBER 23, 2013
On September 23, 2013, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of
the Council at 7 02 p m Katzman led the meeting with the Pledge of Allegiance
Roll was called with the following result: Brandon Katzman, James
McCann, John Pastor, Thomas Robinson, Maureen Miller Brosnan, and Laura Toy
Absent: Joe Laura
Elected and appointed officials present: Mark Taormina, City Planner;
Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Terry Marecki, City
Clerk, Don Knapp, City Attorney; and Mayor Jack Kirksey
On a motion by Robinson, seconded by Brosnan, and unanimously
adopted, it was
#297-13 RESOLVED, that the Minutes of the 1,736th Regular Meeting
of the Council held September 9, 2013, are hereby approved as
submitted
President Toy passed the gavel to Vice President Pastor at 7 04 p m
A communication from Councilmember Maureen Miller Brosnan and
Councilmember Thomas Robinson, dated September 20, 2013, re additional
information to assist the advancement of the Livonia Fallen Heroes Monument and
Nehasil Park Renovations, was received and placed on file for the information of the
Council
On a motion by Toy, seconded by Robinson, it was
#298-13 RESOLVED, that having considered a communication from
the Mayor, dated August 29, 2013, regarding Nehasil Park and the Livonia
Fallen Heroes Monument, the Council does hereby approve the
appointment of Brandon Kritzman as the Council's representative to the
Regular Meeting Minutes of September 23, 2013 38807
Nehasil Park Memorial Committee, FURTHER, the Council does, for and
on behalf of the City of Livonia, accept all donations received for the
Livonia Fallen Heroes Monument as contained in the correspondence
from the Mayor dated September 23, 2013, and does hereby appropriate
and credit $194,886 00 to Account No 702-285-143, Nehasil Memorial,
for the purposes as designated by the donors, FURTHER, the Council
does hereby authorize the Mayor and the City Clerk, for and on behalf of
the City of Livonia, to execute all necessary contracts in connection with
Phase One of the Nehasil Park improvements, as contained in the bid
tabulation prepared by the Council representative to the Memorial
Committee and transmitted to the City Council Office on September 20,
2013, in an amount not to exceed $426,952.28, after review and approval
of the Law Department; FURTHER, the Council does hereby authorize
such action without formal competitive bidding as the Nehasil Park
Memorial Committee has already obtained competitive pricing and no
advantage would result from competitive bidding, and such action is taken
in accordance with Section 3 04 140 D 3 of the Livonia Code of
Ordinances as amended, FURTHER, the Council does hereby refer the
subject of the Nehasil Park improvements to the Committee of the Whole
for tracking purposes
The following individuals spoke in favor of this matter.
Robert Stevenson, former Livonia Chief of Police,
Linda Nehasil, widow of fallen Police Officer Larry Nehasil,
Ken Hale, 31950 Cambridge, Livonia,
Martin Donnelly, retired Livonia Police Officer and former Union President;
Kathleen McIntyre, 14455 Fairway, Livonia,
Daniel McKeon, Lieutenant with Livonia Police Department and President
of the Lieutenant & Sergeant's Association,
Jack Engebretson, former Mayor, 18871 Comstock, Livonia,
Jeff Ronayne, retired Livonia Police Officer; and
Rob Domenzian, President, Livonia Fire Fighters Union Local 1164
Following discussion by Council, a roll call vote was taken on the motion made by Toy,
seconded by Robinson, with the following result:
AYES Kritzman, McCann, Toy, Robinson, Brosnan, and Pastor
NAYS None
Vice President Pastor declared the resolution adopted
Vice President Pastor returned the gavel to President Toy at 7 46 p m
President Toy announced there would be a Public Hearing held on
Wednesday, October 2, 2013, at 7 00 p m in the Auditorium of City Hall, 33000 Civic
�"' Center Drive, Livonia, Michigan
Regular Meeting Minutes of September 23, 2013 38808
The proposed Annual Budget for the City of Livonia for the fiscal year
ending November 30, 2014, and
The public hearing required by Act 5 PA 1982, in connection with the Truth
in Taxation hearing, as adopted by the City Council at the Regular
Meeting held July 15, 2013, pursuant to Council Resolution 239-13
There was no Audience Communication at the beginning of the meeting
On a motion by Robinson, seconded by McCann, it was
#299-13 RESOLVED, that having considered a communication from
the City Clerk, dated August 21, 2013, attaching a letter from Paul B
Bonkowski, dated August 21, 2013, which in accordance with the
provisions of Section 5 03 090 of the Livonia Code of Ordinances, as
amended, requests an appeal from a determination made by the Livonia
Police Department with regard to the denial of his application for a
Scavenger License in the City of Livonia, the Council does hereby uphold
the determination made by the Police Department and the request for a
Scavenger License in the City of Livonia is hereby denied for the reasons
given by the Police Department.
#300-13 RESOLVED, that having considered a letter from Jonathan
Boskovich, Director of Operations, Infinity Construction Services, LLC,
dated August 21, 2013, requesting a waiver of the sidewalk requirement
for the new home being constructed at 20557 Gill Road (Parcel A), and
having further considered the report and recommendation of the City
Engineer, dated August 23, 2013, approved for submission by the Mayor,
the Council does hereby approve this request inasmuch as omitting the
sidewalk on the subject property would have no detrimental effect upon
the neighboring properties at this time due to lack of any other public
sidewalks existing within the immediate area, FURTHER, the Council
does hereby reserve the right to require sidewalks at this location in the
event that additional sidewalks are installed in this area at some future
date
#301-13 RESOLVED, that having considered a letter from Jonathan
Boskovich, Director of Operations, Infinity Construction Services, LLC,
dated August 21, 2013, requesting a waiver of the sidewalk requirement
for the new home being constructed at 20551 Gill Road (Parcel B), and
having further considered the report and recommendation of the City
Engineer, dated August 23, 2013, approved for submission by the Mayor,
the Council does hereby approve this request inasmuch as omitting the
sidewalk on the subject property would have no detrimental effect upon
the neighboring properties at this time due to lack of any other public
sidewalks existing within the immediate area, FURTHER, the Council
does hereby reserve the right to require sidewalks at this location in the
Regular Meeting Minutes of September 23, 2013 38809
event that additional sidewalks are installed in this area at some future
date-
#302-13 RESOLVED, that having considered a communication from
the Superintendent of Public Service - Environment & Utilities, the Director
of Public Works, and the Director of Community Resources, dated August
20, 2013, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby authorize
the purchase of one (1) 2014 Ford E450 20 Passenger Club Wagon from
Gorno Ford, 22025 Allen Road, Trenton, Michigan 48138, in the amount of
$78,226 00; FURTHER, the Council does hereby authorize an expenditure
in an amount not to exceed $78,226 00 from funds already budgeted in
Account No 218-889-985-000 (Community Transit Fund - Capital Outlay)
for this purpose, FURTHER, the Council does hereby determine to
authorize this purchase without competitive bidding inasmuch as the same
is based upon the low State of Michigan bid price (under Contract No
071B1300005), and such action is taken in accordance with the provisions
set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as
amended
#303-13 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated August 27, 2013,
approved for submission by the Mayor, the Council does hereby authorize
a budget adjustment to the FY 2013 Public Safety Budget transferring
$320,000 00 from Account No 101-325-702-000 into Account No 101-
325-985-000 to purchase eleven (11) new police vehicles, and transferring
$1,200,000 00 from Account No 101-325-702-000 into Account No 101-
338-985-000 to purchase two (2) new fire engines and one (1) new
ambulance
#304-13 RESOLVED, that having considered the report and
recommendation of the Human Resources Director, dated August 29,
2013, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, transmitting a resolution adopted
by the Civil Service Commission on September 18, 2013, regarding a
proposed prescription coverage for all City of Livonia Retirees, the Council
does hereby accept the proposal submitted by Great Lakes Employee
Benefits, for providing prescription coverage with AmWins Group Benefits
for all City of Livonia retirees, including retirees under age 65 and over
age 65, as outlined in the attachment thereto, FURTHER, the Council
does hereby authorize such action without competitive bidding because
the City's insurance advisor, Great Lakes Benefit Group, received only
one other response to a request for bids, which entailed the City paying a
higher fee than AmWins proposed, and such action is taken in accordance
with the provisions set forth in Section 3 04 140 D 2 of the Livonia Code of
Ordinances, as amended
Regular Meeting Minutes of September 23, 2013 38810
#305-13 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 23, 2013, which
bears the signature of the Director of Public Works and the Director of
Finance, and is approved for submission by the Mayor, the Council does
hereby approve the 2014 Road Repair Program as proposed by the
Department of Public Works and reviewed by the Citizens Advisory
Committee on Roads and shown in Attachment 1 of the aforesaid report.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Kritzman, McCann, Pastor, Robinson, Brosnan, and Toy
NAYS None
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 19 OF THE ZONING MAP OF
THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE
NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3
THERETO (Petition 2013-06-01-03)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at an upcoming Regular meeting
At 7 49 p m Katzman stepped down from the podium to avoid any
perceived conflict of interest.
On a motion by McCann, seconded by Pastor, it was
#306-13 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 23, 2013, which
bears the signature of the Director of Public Works, Director of Finance
and the City Attorney, and is approved for submission by the Mayor, to
which is attached a proposed Contract Amendment between the City of
Livonia and Anderson, Eckstein and Westnck, Inc , the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute a QBS contract amendment between the City of
Livonia and Anderson, Eckstein and Westnck, Inc , 51301 Schoenherr
Road, Shelby Township, Michigan 48315, to provide Design Services and
Construction Engineering Services for the 2014 Concrete Road Program
in an amount not to exceed $287,120 00 ($93,120 00 for Design Services
and $194,000 00 for Construction Engineering), FURTHER, the Council
does hereby authorize an expenditure in an amount not to exceed
$287,120 00 from funds budgeted in the Road, Sidewalk and Tree Fund
Regular Meeting Minutes of September 23, 2013 38811
(Account No 204-441-818-102) for this purpose, and the City Engineer is
hereby authorized to approve minor adjustments in the work, as it
becomes necessary
A roll call vote was taken on the foregoing resolution with the following result:
AYES McCann, Pastor, Robinson, Brosnan, and Toy
NAYS None
The President declared the resolution adopted
Kritzman returned to the podium at 7 50 p m
On a motion by Brosnan, seconded by McCann, and unanimously
adopted, it was
#307-13 RESOLVED, that having considered a communication from
the Department of Law, dated September 6, 2013, approved for
submission by the Mayor, transmitting for Council acceptance a Grant of
Easement executed by Frank V Pampalone on behalf of Wal-Mart Real
Estate Business Trust for a public utility easement in connection with the
development of a sanitary sewer constructed at the Wal-Mart in the
Southeast 1/4 of Section 2, more particularly described as
Livonia, MI
Store #5844-00
Description of a 20 foot wide easement for sanitary sewer located in the
Southeast '/ of Section 2, T1S, R9E, City of Livonia, Wayne County,
Michigan, more particularly described as
Commencing at the Southeast corner of Section 2, T1S, R9E, City of
Livonia, Wayne County, Michigan, thence N89°52'30"W 706 33 feet along
the South line of said Section 2 and the centerline of Seven Mile Road
(120 00 feet wide), thence N00°00'00"W 649 56 feet; thence N89°43'53"W
129 13 feet; thence 155 23 feet along the arc of a 370 00 foot radius
circular curve to the right, with a central angle of 24°02'18", having a chord
which bears N77°42'44"W 154 10 feet; thence 225 74 feet along the arc of
a 530 00 foot radius reverse circular curve to the left, with a central angle
of 24°24'12", having a chord which bears N77°53'41"W 224 04 feet;
thence S90°00'00"W 129 55 feet for a place of beginning, thence
continuing S90°00'00"W 20 00 feet; thence N00°49'22"E 358 02 feet;
thence N89°17'05"W 70 85 feet; thence N00°00'00"E 20 00 feet; thence
S89°17'05"E 70 71 feet; thence N01°351 1"W 189 00 feet; thence
N88°24'49"E 20 00 feet; thence S01°35'11"E 189 38 feet; thence
N88°16'30"E 239 66 feet; thence S88°59'46"E 251 53 feet; thence
Regular Meeting Minutes of September 23, 2013 38812
SO1'00'14"W 20 00 feet; thence N88°59'46"W 251 06 feet; thence
S88°16'30"W 239 64 feet, thence S00°49'22"W 358 19 feet to the place of
beginning
The Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to do
all other things necessary or incidental to fulfill the purpose of this
resolution
On a motion by Pastor, seconded by McCann, and unanimously adopted,
it was
#308-13 RESOLVED, that having considered a communication from
the Department of Law, dated September 6, 2013, approved for
submission by the Mayor, transmitting for Council acceptance a Grant of
Easement executed by Frank V Pampalone on behalf of Wal-Mart Real
Estate Business Trust for a public utility easement in connection with the
development of a water main constructed at the Wal-Mart in the Southeast
'/ of Section 2, more particularly described as.
Livonia, MI
Store #5844-00
Description of a 20 feet wide easement for water main located in the
Southeast 1/4 of Section 2, T1S, R9E, City of Livonia, Wayne County,
Michigan, more particularly described as
Commencing at the Southeast corner of Section 2, T1S, R9E, City of
Livonia, Wayne County, Michigan, thence N89°52'30"W 706 33 feet along
the South line of said Section 2 and the centerline of Seven Mile Road
(120 00 feet wide), thence N00°00'00"W 649 56 feet; thence N89°43'53"W
83 56 feet for a place of beginning, thence continuing N89°43'53"W 27 98
feet; thence N00°00'20"E 395 87 feet; thence S90°00'00"W 529 50 feet;
thence S00°00'00"W 316 01 feet, thence S00°00'00"W 20 00 feet; thence
N00°00'00"E 341 68 feet; thence N90°00'00"W 53 00 feet; thence
N00°00'00"E 20 00 feet; thence S90°00'00"E 53 00 feet; thence
N00°00'00'E 25 50 feet; thence N90°00'00"E 5 80 feet; thence
N00°00'00"W 332 67 feet; thence S90°00'00"W 15 52 feet; thence
N00°00'00"E 39 72 feet; thence N42°30'00"E 111 31 feet; thence
N85°00'00"E 135 00 feet; thence N65°24'30"W 23 08 feet; thence
N24°35'30"E 20 00 feet; thence S65°24'30"E 58 30 feet; thence
N85°00'00"E 79 39 feet; thence S89°59'57"E 190 85 feet, thence
N00°08'36"E 30 79 feet to the South Right-of-Way line of St. Martins
Avenue (60 feet wide), thence S89°52'26"E 20 00 feet along the South
Right-of-Way line of said St. Martins Avenue, thence S00°08'36"W 42 90
feet; thence S45°04'18"W 11 11 feet; thence N89°59'57"W 2 99 feet;
Regular Meeting Minutes of September 23, 2013 38813
thence S00°00'00"W 7 89 feet; thence S90°00'00"W 20 00 feet; thence
N00°00'00"W 7 89 feet; thence N89°59'57"W 179 09 feet; thence
S85°00'00"W 246.25 feet; thence S42°30'00"W 95 75 feet; thence
S00°00'00"W 293 73 feet; thence S22°30'00"E 25 41 feet, thence
S00°00'00"W 98 57 feet, thence N90°00'00"E 246 00 feet; thence
N00°00'00"W 24 67 feet, thence N90°00'00"E 20 00 feet; thence
S00°00'00"E 24 67 feet; thence N90°00'00"E 297 36 feet; thence
N44°59'49"E 31 31 feet; thence S45°00'1 1"E 20 00 feet; thence
S44°59'49"W 39 60 feet; thence S90°00'00"W 22 14 feet; thence
S00°00'20"W 387 84 feet; thence S44°19'44"E 11 42 feet to the place of
beginning
The Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to do
all other things necessary or incidental to fulfill the purpose of this
resolution
On a motion by McCann, seconded by Pastor, and unanimously adopted,
it was
#309-13 RESOLVED, that having considered a communication from
the Department of Law, dated September 6, 2013, approved for
submission by the Mayor, transmitting for Council acceptance a Grant of
Easement executed by Frank V Pampalone on behalf of Wal-Mart Real
Estate Business Trust for a public utility easement in connection with the
development of a water main constructed at the Wal-Mart in the Southeast
1/4 of Section 2, more particularly described as
Livonia, MI
Store #5844-00
Description of a 20 foot wide easement for water main located in the
Southeast 1/4 of Section 2, T1S, R9E, City of Livonia, Wayne County,
Michigan, more particularly described as
Commencing at the Southeast corner of Section 2, T1S, R9E, City of
Livonia, Wayne County, Michigan, thence N89°52'30"W 706 33 feet along
the South line of said Section 2 and the centerline of Seven Mile Road
(120 00 feet wide), thence N00°00'00"W 649 56 feet; thence N89°43'53"W
7 00 feet for a place of beginning, thence continuing N89°43'53"W 31 63
feet; thence N44°52'55"W 11 60 feet; thence N89°59'40"W 19 69 feet;
thence N00°00'20"E 20 00 feet, thence S89°59'40"E 18 50 feet; thence
N00°00'00"W 422 58 feet; thence N45°00'00"E 87 64 feet; thence
N00°01'31"E 142 39 feet; thence N44°50'28"E 19 60 feet; thence
N89°39'25"E 26 78 feet; thence S00°00'07"E 20 00 feet; thence
S89°39'25"W 8 04 feet; thence S00°01'31"W 21 94 feet; thence
Regular Meeting Minutes of September 23, 2013 38814
N89°58'29"W 12 56 feet; thence S00°01'31"W 109 50 feet; thence
S90°00'00"W 4 00 feet; thence 20 05 feet along the arc of a 75 00 foot
radius non-tangential circular curve to the right, with a central angle of
15°18'56", having a chord which bears S07°23'31"W 19 99 feet; thence
S45°00'00"W 78 35 feet; thence S00°00'00"E 424 84 feet; thence
S44°52'55"E 19 66 feet, thence N89°56'36"E 7 13 feet; thence
S00°00'00"E 3 89 feet to the place of beginning
The Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to do
all other things necessary or incidental to fulfill the purpose of this
resolution
There was no Audience Communication at the end of the meeting
On a motion by Pastor, seconded by McCann, and unanimously adopted,
this 1,737th Regular Meeting of the Council of the City of Livonia was adjourned at 7 53
pm
/141Ak-dfX_
Terry 4jvlarecki, City Clerk