HomeMy WebLinkAboutCOUNCIL MINUTES 2013-11-18 38870
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FORTY-FIRST
REGULAR MEETING OF NOVEMBER 18, 2013
On November 18, 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 00 p m Kritzman led the meeting with the Pledge of Allegiance
Roll was called with the following result: Brandon Kritzman, James
McCann, Joe Laura, Thomas Robinson, Maureen Miller Brosnan, and John Pastor
Absent: Laura Toy
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 Kritzman, and unanimously
adopted, it was
#372-13 RESOLVED, that the Minutes of the 1,740th Regular Meeting
of the Council held November 6, 2013, are hereby approved as submitted
Vice President Pastor acknowledged three Council-elect members present
in the audience Brian Meakin, Lynda Scheel, and Susan Nash
There was no Audience Communication at the beginning of the meeting
A communication from the Department of Finance, dated October 21,
2012, re forwarding various financial statements of the City of Livonia for the month
ending September 30, 2013, was received and placed on file for the information of the
Council
A communication from the Department of Law, dated November 13, 2013,
re number and nature of traffic accidents in the Ann Arbor Trail and Stark Road area as
Regular Meeting Minutes of November 18, 2013 38871
requested by Council at its Study Meeting held November 6, 2013, was received and
placed on file for the information of the Council (Petition 2013-09-08-07)
On a motion by Brosnan, seconded by Kritzman, it was
#373-13 RESOLVED, that having considered a communication from
the Information Systems Director, dated October 14, 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 three (3)
Dell KACE appliances from Netech, 48325 Alpha Drive, Suite 150, Wixom,
Michigan 48393, to assist the Department of Management Information
Systems in managing the City's computer system, including mobile
devices for a period of three (3) years in the total amount of $29,962 00,
FURTHER, the Council does hereby authorize an expenditure in the
amount of $10,000 00 from funds available in Account No 401-000-986-
000 prior to November 30, 2013, FURTHER, the Council does hereby
authorize an expenditure not to exceed $19,962 00 from Capital funds in
the 2014 budget year for this purpose, FURTHER, the Council does
hereby determine to authorize said purchase without competitive bidding
inasmuch as this purchase is based upon a State of Michigan approved
contract under the Midwestern Higher Education Compact, in accordance
with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of
Ordinances, as amended
#374-13 RESOLVED, that having considered a communication from
the Director of Finance, dated October 28, 2013, approved for submission
by the Mayor, with regard to proposals received from insurance carriers in
connection with the City's self-insurance program for workers'
compensation, the Council does hereby authorize the Mayor and City
Clerk to enter into a contract for the period December 1, 2013, to
November 30, 2014, with Citizens Management, Inc. (CMI), 645 West
Grand River, Howell, Michigan 48843, to provide the City with claims
administrative services for a total estimated premium cost of $39,125 00,
with said estimated cost having been in fact the lowest quotation received
for this item, FURTHER, the Council does hereby authorize the Mayor and
the City Clerk to enter into a contract for the period of December 1, 2013,
to November 30, 2014, with Midwest Employers Casualty Company,
14755 North Outer Forty Drive, Suite 300, Chesterfield, Missouri 63017,
to provide the City with excess insurance coverage when losses from any
one claim reaches $750,000 00, for a total estimated premium cost of
$116,262 00, with said estimated cost having been in fact the lowest
quotation received for this item when self-insured retention requirements
are factored in, and the Director of Finance is hereby requested to do all
other things necessary or incidental to the full performance of this
resolution
Regular Meeting Minutes of November 18, 2013 38872
#375-13 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 25, 2013, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, and is approved for submission by the Mayor, the Council
does hereby accept the unit price bid of Bidigare Contractors Inc., 1720
Chubb Road, Northville, Michigan 48168, for completing all work required
in connection with Livonia Pilot Footing Drain Disconnection Program —
City District 16 (RXIA-05), Rouge River National Wet Weather
Demonstration Project, Round XI, Part "A" Grant Program for Combined
and Sanitary Sewer Overflow Control for the estimated total cost of
$193,136 60, based on the Engineering Division's estimate of units
involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid received
and meets all specifications, FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $193,136 60 from
Account No 592-158-000 (Construction In Progress) for this purpose, with
reimbursement from the grant funding, and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia, to execute a
contract with the aforesaid bidder and to do all other things necessary or
incidental to the full performance of this resolution, and the City Engineer
is hereby authorized to approve any minor adjustments in the work, as it
becomes necessary
#376-13 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 25, 2013, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and is approved for submission by the Mayor, the Council
does hereby approve a Change Order to the 2013 Concrete Road
Reconstruction (Contract 13-C)(previously approved in Council Resolution
98-13 adopted on April 8, 2013) with Hard Rock Concrete, Inc., 38146
Abruzzi Drive, Westland, Michigan 48185, due to additional repairs
identified by the Department of Public Works and completed by Hard Rock
Concrete in the amount of $72,226 15, FURTHER, the Council does
hereby authorize an additional appropriation and expenditure in the total
amount of $99,608 12 from the Unexpended Fund Balance of the Road,
Sidewalk and Tree Fund, FURTHER, the Council does hereby authorize
payment in an amount not to exceed $72,226 15 to Hard Rock Concrete,
Inc 38146 Abruzzi Drive, Westland, Michigan 48185, for the additional
repair work performed, Hard Rock's bid having been in fact the lowest bid
received for the underlying project; FURTHER, the Council does hereby
authorize payment in an amount not to exceed $27,381 97 to Anderson,
Eckstein and Westrick, Inc , 51301 Schoenherr Road, Shelby Township,
Michigan 48315, for additional design and construction engineering
services performed, FURTHER, the Council does hereby authorize such
action without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance Section
3 04 140 D 2(b) of the Livonia Code of Ordinances, as amended
Regular Meeting Minutes of November 18, 2013 38873
An email communication from the Office of the City Clerk, dated October
11, 2013, with an attachment signed by neighbors of the St. Jude Nursing Center
expressing concerns regarding the proposed addition on the property located at 34350
Ann Arbor Trail, was received and placed on file for the information of the Council
(Petition 2013-09-08-07)
A communication from H Roger Mali, St. Jude Nursing Center, Inc., dated
October 21, 2013, re requesting to postpone Petition No 2013-09-08-07 from the
October 21, 2013 Council Study meeting to the November 6, 2013 Council Study
meeting, was received and placed on file for the information of the Council (Petition
2013-09-08-07)
A communication from the Director of Finance, dated October 18, 2013,
re delinquent water and sewer balance owed to the City of Livonia for St. Jude Nursing
Center located at 34350 Ann Arbor Trail, was received and placed on file for the
information of the Council (Petition 2013-09-08-07)
#377-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 7, 2013, which transmits its
resolution 10-58-2013, adopted on October 1, 2013, with regard to Petition
2013-09-08-07 submitted by St. Jude Nursing Center, Inc., requesting site
plan approval in connection with a proposal to construct an addition to the
existing convalescent home located on the Northeast corner of Ann Arbor
Trail and Stark Road (34350 Ann Arbor Trail) in the Southeast 1/4 of
Section 33, pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby refer this
matter to the Committee of the Whole for its report and recommendation
#378-13 RESOLVED, that having considered a communication from
the Department of Law, dated October 14, 2013, which bears the
signature of the IS Director and the Court Administrator, and is approved
for submission by the Mayor, to which is attached a proposed
Management Control Agreement between the 16th District Court and the
City of Livonia to ensure appropriate security for the Michigan State Police
Law Enforcement Information Network ("LEIN") under the supervision of
the Court, the Council does hereby approve this Agreement in the manner
and form herein submitted, and the Mayor and City Clerk are hereby
Regular Meeting Minutes of November 18, 2013 38874
authorized to execute this agreement, for and on behalf of the City of
Livonia, and to do all things necessary or incidental to the full performance
of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Kritzman, McCann, Laura, Robinson, Brosnan, and Pastor
NAYS None
A communication from the Department of Law, dated October 29, 2013,
re taxation of public land, was received and placed on file for the information of the
Council (Petition 2013-07-01-04)
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 7 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 2013-07-01-04)
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
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#379-13 RESOLVED, that having considered a report and
recommendation from the Superintendent of Public Service - Environment
& Utilities and the Director of Public Works, dated October 28, 2013, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, to which is attached a proposed Amendment to
the Water Service Contract between the City of Detroit Water and Sewer
Department of the City of Livonia, the Council does hereby approve the
Water Service Contract between the City of Livonia and the City of Detroit
in the manner and form herein submitted for a term of five (5) years, until
the next contract reopener; and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute the contract
and to do all other things necessary or incidental to the full performance of
this resolution
Regular Meeting Minutes of November 18, 2013 38875
Vice President Pastor passed the gavel to Senior Councilmember Laura and stepped
down from the podium to avoid any perceived conflict of interest.
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A communication from Applebee's, dated November 13, 2013, re revised
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ground signs for the Applebee's restaurant to be located at 13301 Middlebelt Road, was
received and placed on file for the information of the Council (Petition 2013-09-SN-04)
On a motion by McCann, seconded by Brosnan, it was
#380-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 17, 2013, which transmits
its resolution 10-63-2013, adopted on October 15, 2013, with regard to
Petition 2013-09-SN-04, submitted by TSFR Apple Venture, L.L.0 ,
requesting approval of a ground sign with variable electronic message
board for the recently approved Applebee's restaurant located on the west
side of Middlebelt Road between the CSX Railroad right-of-way and
Schoolcraft Road (13301 Middlebelt Road) in the Northeast 1/4 of Section
26, the Council does hereby approve the said Petition, 2013-09-SN-04,
subject to the following conditions
1 That the ground sign shall have a maximum total sign area of fifty-
three (53) square feet including twenty-one (21) square feet for the
area of the electronic reader board, maximum height of fourteen
(14) feet, and minimum setback of ten (10) feet from any public
road right-of-way, provided that any variance from a conforming
ground sign shall be submitted to the Zoning Board of Appeals for
approval,
2 This approval is also subject to the petitioner being granted a
variance from the Zoning Board of Appeals for the excess sign
height and area and inclusion of a variable electronic message
board and any conditions related thereto,
3 That the variable electronic message board shall conform to
restrictions and limitations as set forth in Section 18 50H(o) of the
Zoning Ordinance regarding the duration and transition times of the
messages, and on the sign's illumination levels, and
4 That the Sign Plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the sign permits
are applied for
A roll call vote was taken on the foregoing resolution with the following result:
AYES Kritzman, McCann, Robinson, Brosnan, and Laura
Regular Meeting Minutes of November 18, 2013 38876
NAYS None
Senior Councilmember Laura declared the resolution adopted
Jeffrey Schostak, Schostak Brothers, 17800 Laurel Park, Livonia, was present to
answer any questions of Council and thanked Council for their time and cooperation in
moving the project forward (Petition 2013-09-SN-04)
A communication from Applebee's, dated November 13, 2013, re revised
ground signs for the Del Taco restaurant to be located at 13301 Middlebelt Road, was
received and placed on file for the information of the Council (Petition 2013-09-SN-05)
On a motion by McCann, seconded by Brosnan, it was
#381-13 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 17, 2013, which transmits
its resolution 10-64-2013, adopted on October 15, 2013, with regard to
Petition 2013-09-SN-05, submitted by TSFR Apple Venture, L.L.0 ,
requesting approval of a ground sign with variable electronic message
board for the recently approved multi-tenant commercial building with a full
service restaurant including drive-up window facilities (Del Taco) located
on the west side of Middlebelt Road between the CSX Railroad right-of-
way and Schoolcraft Road (13301 Middlebelt Road) in the Northeast % of
Section 26, the Council does hereby concur in the recommendation of the
Planning Commission and approve the said Petition 2013-09-SN-05,
subject to the following conditions
1 That the ground sign shall not exceed a total sign area of seventy-
one (71) square feet;
2 The sign shall contain a 21 square foot variable electronic message
board,
3 That the sign shall not exceed an overall height of fourteen (14) feet
as measured from the average ground elevation beyond the base
of the sign,
4 The sign shall be allowed to have a setback of no less than ten (10)
feet from the established right-of-way line of Middlebelt Road,
5 That this approval is subject to the petitioner being granted
variances from the Zoning Board of Appeals for the excess height
and area and the variable electronic message sign and any
conditions related thereto, and
Regular Meeting Minutes of November 18, 2013 38877
6 That the Sign Plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the sign permits
are applied for
A roll call vote was taken on the foregoing resolution with the following result:
AYES Kritzman, McCann, Robinson, Brosnan, and Laura
NAYS None
Senior Councilmember Laura declared the resolution adopted
Vice President Pastor returned to the podium at 7 11 p m and resumed the gavel
On a motion by Brosnan, seconded by Kritzman, and unanimously
adopted, it was
#382-13 RESOLVED, that having considered a communication from
the Fire Chief, dated October 21, 2013, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept a cash
donation in the amount of $1,000 00 from Allstate, the same to be
appropriated and credited to the Livonia Fire Community Donations
Account 702-285-336, for the purposes as designated by the donor
Kritzman stepped down from the podium at 7 12 p m to avoid any perceived conflict of
interest.
A communication from the Michigan Department of Environmental Quality
(DEQ) SAW Grant Application dated November 13, 2013, re storm water management
application for the City of Livonia, was received and placed on file for the information of
the Council
On a motion by Brosnan, seconded by Laura, it was
#383-13 WHEREAS, Part 52 (strategic water quality initiatives) of the
Natural Resources and Environmental Protection Act, 1994 PA 451, as
amended ("Part 52"), provides at MCL 324 5204e that the Michigan
Finance Authority (the "MFA") in consultation with the Michigan
Department of Environmental Quality (the "DEQ") shall establish a
strategic water quality initiatives grant program, and
Regular Meeting Minutes of November 18, 2013 38878
WHEREAS, in accordance with the provisions of 2012 PA 511, which
provides grants to municipalities for sewage collection and treatment
systems or storm water or nonpoint source pollution control, and
WHEREAS, in accordance with the provisions of 1985 PA 227, as
amended, Part 52, and other applicable provisions of law, the MFA, the
DEQ, and the Municipality that is a grant recipient shall enter into a grant
agreement (the "SAW Grant Agreement") that requires the Municipality to
repay the grant under certain conditions as set forth in MCL 324 5204e, as
amended, and
WHEREAS, the City of Livonia does hereby determine it necessary to
establish an asset management plan, AND ® establish a stormwater
management plan
WHEREAS, it is the determination of the City of Livonia that at this time, a
grant in the aggregate principal amount not to exceed $2,444,444 00
("Grant") be requested from the MFA and the DEQ to pay for the above-
mentioned undertaking(s), and
WHEREAS, the City of Livonia shall obtain this Grant by entering into the
SAW Grant Agreement with the MFA and the DEQ
NOW, THEREFORE, BE IT RESOLVED THAT
1 City Engineer, a position currently held by Todd J Zilincik, P E , is
designated as the Authorized Representative for purposes of the
SAW Grant Agreement.
2 The proposed form of the SAW Grant Agreement between the City
of Livonia, the MFA and DEQ is hereby approved and the
Authorized Representative is authorized and directed to execute
the SAW Grant Agreement with such revisions as are permitted by
law and agreed to by the Authorized Representative
3 The City of Livonia shall repay the Grant, within 90 days of being
informed to do so, with interest at a rate not to exceed 8 percent per
year, to the Authority if the City of Livonia is unable to, or decides
not to, proceed with constructing the project or implementing the
asset management program for which the funding is provided within
3 years of the Grant award
4 The Grant, if repayable, shall be a first budget obligation of the City
of Livonia
5 The City of Livonia shall not invest, reinvest or accumulate any
moneys deemed to be Grant funds, nor shall it use Grant funds for
Regular Meeting Minutes of November 18, 2013 38879
the general City of Livonia administration activities or activities
performed by City of Livonia employees that are unrelated to the
project.
6 The Authorized Representative is hereby jointly or severally
authorized to take any actions necessary to comply with the
requirements of the MFA and the DEQ in connection with the
issuance of the Grant. The Authorized Representative is hereby
jointly or severally authorized to execute and deliver such other
contracts, certificates, documents, instruments, applications and
other papers as may be required by the MFA or the DEQ or as may
be otherwise necessary to effect the approval and delivery of the
Grant.
7 The City of Livonia acknowledges that the SAW Grant Agreement is
a contract between the City of Livonia, the MFA and the DEQ
8 All resolutions and parts of resolutions insofar as they conflict with
the provisions of this Resolution are rescinded
A roll call vote was taken on the foregoing resolution with the following result:
AYES McCann, Laura, Robinson, Brosnan, and Pastor
NAYS None
Vice President Pastor declared the resolution adopted
Kritzman returned to the podium at 7 15 p m
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#384-13 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 6, 2013, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and is approved for submission by the Mayor, the Council
does hereby authorize an expenditure in the total of $25,292 78 from
budgeted funds in Account No 202-463-818-125 (Major Street Fund —
City Participation in County and MDOT Projects) to EJ USA, Inc., P 0
Box 644873, Pittsburgh, PA 15264-4873, for the work and the City
Engineer is authorized to make minor adjustments in the work as required
A communication from the Acting Clerk of the County of Wayne, dated
November 7, 2013, re attaching Resolution No 2013-738 approving a resolution to
Regular Meeting Minutes of November 18, 2013 38880
transfer the title of excess property situated at the Southwest corner of Brookfield
Avenue and Five Mile Road (32765 Five Mile Road) to facilitate the construction of a
monument sign for the James R. McCann Hall of Justice (a/k/a 16th District Court), was
received and placed on file for the information of the Council
A communication from the Wayne County Register of Deeds, dated
November 7, 2013, re recorded Quit Claim Deed for the conveyance of a portion of the
right-of-way adjacent to the James R. McCann Hall of Justice (a/k/a 16th District Court)
located at the Southwest corner of Brookfield Avenue and Five Mile Road (32765 Five
Mile Road) for the construction of a monument sign, was received and placed on file for
the information of the Council
On a motion by Brosnan, seconded by Robinson, and unanimously
adopted, it was
#385-13 RESOLVED, that having considered a communication from
the Department of Law, dated November 8, 2013, approved for
submission by the Mayor, in connection with conveyance of a portion of
the right-of-way adjacent to the James R. McCann Hall of Justice (a/k/a
16th District Court) for the property located at 32765 Five Mile Road in the
Northwest 1/4 of Section 22 to facilitate the construction of a monument
sign, said parcel being further described as follows
Commencing at the Northwest corner of said Section 22, thence N
87°32'22" E 1,948 59 feet along the North line of said Section 22, thence
S 02°52'38" E 79 15 feet to the Point of Beginning, thence continuing S
02°52'38" E 27 85 feet to a point on the existing right of way line of Five
(5) Mile Road, thence along said line S 87°32'22" W 262.35 feet to a point
on an existing back of curb, thence along said curb N 05°21'14" W 10.27
feet; thence N 83°42'32" E 263.25 feet to the Point of Beginning. Contains
5,004 00 square feet or 0 11 acres of land Subject to all easements and
restrictions of records, if any;
the Council does hereby, for and in behalf of the City of Livonia, accept
the Quit Claim Deed and the above described property from the County of
Wayne in the manner and form approved by the Department of Law
There was no Audience Communication at the end of the meeting
Regular Meeting Minutes of November 18, 2013 38881
McCann wished congratulations and Happy Birthday wishes to his father,
James R McCann, who he indicated turns 90 years old on Saturday, November 23rd
L McCann indicated his father has led an accomplished life, has been a community leader
and has inspired community activism throughout his life McCann stated his father is a
great moral person to follow in his footsteps and stated he was very proud of his father
and wished him a very best Birthday
Vice President Pastor echoed the comments made by Councilmember
McCann and stated his father was truly a great figure for our community and many have
benefited from his wisdom
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
this 1,741st Regular Meeting of the Council of the City of Livonia was adjourned at 7.22
pm
TerS
ry Marecki, City Clerk
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