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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